Safety Zone; Cocos Lagoon, Merizo, GU

Published date10 March 2020
Citation85 FR 13841
Record Number2020-04806
SectionProposed rules
CourtCoast Guard
Federal Register, Volume 85 Issue 47 (Tuesday, March 10, 2020)
[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
                [Proposed Rules]
                [Pages 13841-13843]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-04806]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2020-0144
                RIN 1625-AA00
                Safety Zone; Cocos Lagoon, Merizo, GU
                AGENCY: Coast Guard, DHS.
                ACTION: Notice of proposed rulemaking.
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                SUMMARY: The Coast Guard is proposing to establish a temporary safety
                zone for navigable waters within Cocos Lagoon. This safety zone will
                encompass the designated swim course for the Cocos Crossing swim event
                in the waters of Cocos Lagoon, Merizo, Guam. We invite your comments on
                this proposed rulemaking.
                DATES: Comments and related material must be received by the Coast
                Guard on or before April 9, 2020.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2020-0144 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
                Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
                instructions on submitting comments.
                FOR FURTHER INFORMATION CONTACT: If you have questions about this
                proposed rulemaking, call or email Chief Petty Officer Robert Davis,
                Sector Guam, U.S. Coast Guard, by telephone at (671) 355-4866, or email
                at [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Table of Abbreviations
                CFR Code of Federal Regulations
                DHS Department of Homeland Security
                FR Federal Register
                NPRM Notice of proposed rulemaking
                Sec. Section
                U.S.C. United States Code
                II. Background, Purpose, and Legal Basis
                 The Cocos Crossing swim event is a recurring annual event that
                occurs on the Sunday before Memorial Day. We have established safety
                zones for this swim event in past years.
                 The purpose of this rule is to ensure the safety of the
                participants and the navigable waters in the safety zone before,
                during, and after the scheduled swim event. The Coast Guard is
                proposing this rulemaking under authority in 46 U.S.C. 70034
                (previously 33 U.S.C. 1231).
                [[Page 13842]]
                III. Discussion of Proposed Rule
                 The Captain of the Port (COTP) is proposing to establish a safety
                zone from 6:00 a.m. to 1:00 p.m. on Sunday May 24, 2020 for the Cocos
                Crossing swimming event. This safety zone is necessary to protect all
                persons and vessels participating in this marine event from potential
                safety hazards associated with vessel traffic in the area. Race
                participants, chase boats, and organizers of the event will be exempt
                from the safety zone. Entry of persons or vessels into this safety zone
                is prohibited unless authorized by the COTP. The regulatory text we are
                proposing appears at the end of this document.
                IV. Regulatory Analyses
                 We developed this proposed rule after considering numerous statutes
                and Executive orders related to rulemaking. Below we summarize our
                analyses based on a number of these statutes and Executive Orders, and
                we discuss First Amendment rights of protestors.
                A. Regulatory Planning and Review
                 Executive Orders 12866 and 13563 direct agencies to assess the
                costs and benefits of available regulatory alternatives and, if
                regulation is necessary, to select regulatory approaches that maximize
                net benefits. Executive Order 13771 directs agencies to control
                regulatory costs through a budgeting process. This NPRM has not been
                designated a ``significant regulatory action,'' under Executive Order
                12866. Accordingly, the NPRM has not been reviewed by the Office of
                Management and Budget (OMB), and pursuant to OMB guidance it is exempt
                from the requirements of Executive Order 13771.
                 This regulatory action determination is based on the size,
                location, duration, and time-of-day of the safety zone. Vessel traffic
                will be able to safely transit around this safety zone, which will
                impact a small designated area of the Cocos Lagoon for approximately 7
                hours. Moreover, the Coast Guard will issue a Broadcast Notice to
                Mariners via VHF-FM marine channel 16 about the zone, and the rule
                allows vessels to seek permission to enter the zone.
                B. Impact on Small Entities
                 The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
                amended, requires Federal agencies to consider the potential impact of
                regulations on small entities during rulemaking. The term ``small
                entities'' comprises small businesses, not-for-profit organizations
                that are independently owned and operated and are not dominant in their
                fields, and governmental jurisdictions with populations of less than
                50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
                proposed rule would not have a significant economic impact on a
                substantial number of small entities.
                 While some owners or operators of vessels intending to transit the
                safety zone may be small entities, for the reasons stated in section
                IV.A above, this proposed rule would not have a significant economic
                impact on any vessel owner or operator.
                 If you think that your business, organization, or governmental
                jurisdiction qualifies as a small entity and that this rule would have
                a significant economic impact on it, please submit a comment (see
                ADDRESSES) explaining why you think it qualifies and how and to what
                degree this rule would economically affect it.
                 Under section 213(a) of the Small Business Regulatory Enforcement
                Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
                entities in understanding this proposed rule. If the rule would affect
                your small business, organization, or governmental jurisdiction and you
                have questions concerning its provisions or options for compliance,
                please call or email the person listed in the FOR FURTHER INFORMATION
                CONTACT section. The Coast Guard will not retaliate against small
                entities that question or complain about this proposed rule or any
                policy or action of the Coast Guard.
                C. Collection of Information
                 This proposed rule would not call for a new collection of
                information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
                3520).
                D. Federalism and Indian Tribal Governments
                 A rule has implications for federalism under Executive Order 13132
                (Federalism), if it has a substantial direct effect on the States, on
                the relationship between the National Government and the States, or on
                the distribution of power and responsibilities among the various levels
                of government. We have analyzed this proposed rule under that Order and
                have determined that it is consistent with the fundamental federalism
                principles and preemption requirements described in Executive Order
                13132.
                 Also, this proposed rule does not have tribal implications under
                Executive Order 13175 (Consultation and Coordination with Indian Tribal
                Governments) because it would not have a substantial direct effect on
                one or more Indian tribes, on the relationship between the Federal
                Government and Indian tribes, or on the distribution of power and
                responsibilities between the Federal Government and Indian tribes. If
                you believe this proposed rule has implications for federalism or
                Indian tribes, please call or email the person listed in the FOR
                FURTHER INFORMATION CONTACT section.
                E. Unfunded Mandates Reform Act
                 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
                requires Federal agencies to assess the effects of their discretionary
                regulatory actions. In particular, the Act addresses actions that may
                result in the expenditure by a State, local, or tribal government, in
                the aggregate, or by the private sector of $100,000,000 (adjusted for
                inflation) or more in any one year. Though this proposed rule would not
                result in such an expenditure, we do discuss the effects of this rule
                elsewhere in this preamble.
                F. Environment
                 We have analyzed this proposed rule under Department of Homeland
                Security Directive 023-01, Rev. 1, associated implementing
                instructions, and Environmental Planning COMDTINST 5090.1 (series),
                which guide the Coast Guard in complying with the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
                a preliminary determination that this action is one of a category of
                actions that do not individually or cumulatively have a significant
                effect on the human environment. This proposed rule involves This
                proposed rule involves a safety zone lasting approximately 7 hours that
                would prohibit entry within 100-yards for swim participants. Normally
                such actions are categorically excluded from further review under
                paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
                01-001-01, Rev. 1. A preliminary Record of Environmental Consideration
                supporting this determination is available in the docket. For
                instructions on locating the docket, see the ADDRESSES section of this
                preamble. We seek any comments or information that may lead to the
                discovery of a significant environmental impact from this proposed
                rule.
                G. Protest Activities
                 The Coast Guard respects the First Amendment rights of protesters.
                Protesters are asked to call or email the person listed in the FOR
                FURTHER INFORMATION CONTACT section to coordinate protest activities so
                that your message can be received without
                [[Page 13843]]
                jeopardizing the safety or security of people, places, or vessels.
                V. Public Participation and Request for Comments
                 We view public participation as essential to effective rulemaking,
                and will consider all comments and material received during the comment
                period. Your comment can help shape the outcome of this rulemaking. If
                you submit a comment, please include the docket number for this
                rulemaking, indicate the specific section of this document to which
                each comment applies, and provide a reason for each suggestion or
                recommendation.
                 We encourage you to submit comments through the Federal eRulemaking
                Portal at https://www.regulations.gov. If your material cannot be
                submitted using https://www.regulations.gov, call or email the person
                in the FOR FURTHER INFORMATION CONTACT section of this document for
                alternate instructions.
                 We accept anonymous comments. All comments received will be posted
                without change to https://www.regulations.gov and will include any
                personal information you have provided. For more about privacy and
                submissions in response to this document, see DHS's Correspondence
                System of Records notice (84 FR 48645, September 26, 2018).
                 Documents mentioned in this NPRM as being available in the docket,
                and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
                instructions. Additionally, if you go to the online docket and sign up
                for email alerts, you will be notified when comments are posted or a
                final rule is published.
                List of Subjects in 33 CFR Part 165
                 Harbors, Marine safety, Navigation (water), Reporting and
                recordkeeping requirements, Security measures, Waterways.
                 For the reasons discussed in the preamble, the Coast Guard is
                proposing to amend 33 CFR part 165 as follows:
                PART 165--SAFETY ZONE; COCOS LAGOON, MERIZO, GU
                0
                1. The authority citation for part 165 continues to read as follows:
                 Authority: 46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
                6.04-1, 6.04-6, and 160.5; Department of Homeland Security
                Delegation No. 0170.1.
                0
                2. Add Sec. 165.T14-0144 to read as follows:
                Sec. 165. T14-0144 Safety Zone; Cocos Lagoon, Merizo, GU.
                 (a) Location. The following area, within the Guam Captain of the
                Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters within a
                100-yard radius of race participants in Cocos Lagoon, Merizo, Guam.
                Race participants, chase boats and organizers of the event will be
                exempt from the safety zone.
                 (b) Effective dates. This rule is effective from 6 a.m. to 1 p.m.
                on May 24, 2020.
                 (c) Regulations. (1) In accordance with the general regulations in
                section Sec. 165.23, entry into, transiting, or anchoring within this
                safety zone is prohibited unless authorized by the COTP or a designated
                on-scene representative.
                 (2) This safety zone is closed to all persons and vessel traffic,
                except as may be permitted by the COTP or a designated on-scene
                representative.
                 (3) The ``on-scene representative'' of the COTP is any Coast Guard
                commissioned, warrant, or petty officer who has been designated by the
                COTP to act on his or her behalf.
                 (4) Persons and Vessel operators desiring to enter or operate
                within the safety zone must contact the COTP or an on-scene
                representative to obtain permission to do so. The COTP or an on-scene
                representative may be contacted via VHF Channel 16 or at telephone
                number (671) 355-4821. Vessel operators given permission to enter or
                operate in the safety zone must comply with all directions given to
                them by the COTP or an on-scene representative.
                 (d) Waiver. The COTP may waive any of the requirements of this rule
                for any person, vessel, or class of vessel upon finding that
                application of the safety zone is unnecessary or impractical for the
                purpose of maritime security.
                 (e) Penalties. Vessels or persons violating this rule are subject
                to the penalties set forth in 46 U.S.C. 70036 (previously codified in
                33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C.
                192).
                 Dated: March 5, 2020.
                Christopher M. Chase,
                Captain, U.S. Coast Guard, Captain of the Port, Guam.
                [FR Doc. 2020-04806 Filed 3-9-20; 8:45 am]
                 BILLING CODE 9110-04-P
                

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