Safety Zone; Tanapag Harbor, Saipan, CNMI

Published date19 March 2019
Citation84 FR 9962
Record Number2019-05094
SectionRules and Regulations
CourtCoast Guard
Federal Register, Volume 84 Issue 53 (Tuesday, March 19, 2019)
[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
                [Rules and Regulations]
                [Pages 9962-9964]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-05094]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2019-0020]
                RIN 1625-AA00
                Safety Zone; Tanapag Harbor, Saipan, CNMI
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
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                SUMMARY: The Coast Guard is establishing a temporary safety zone for
                navigable waters within Tanapag Harbor, Saipan. This safety zone will
                encompass the designated swim course for the Escape from Managaha swim
                event in the waters of Tanapag Harbor, Saipan, Commonwealth of the
                Northern Mariana Islands. This action 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 the safety zone
                is prohibited unless authorized by the Captain of the Port (COTP) Guam.
                DATES: This rule is effective from 6:30 a.m. through 8:30 a.m. on March
                31, 2019.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to https://www.regulations.gov, type USCG-
                2019-0020 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
                Docket Folder on the line associated with this rule.
                FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
                call or email Chief Petty Officer Todd Wheeler, Sector Guam, U.S. Coast
                Guard, by telephone at (671) 355-4866, or email at [email protected].
                SUPPLEMENTARY INFORMATION:
                [[Page 9963]]
                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 Information and Regulatory History
                 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. In response, on January 31,
                2019, the Coast Guard published an NPRM titled Safety Zone; Tanapag
                Harbor, Saipan, CNMI (84 FR 621-623). There we stated why we issued the
                NPRM, and invited comments on our proposed regulatory action related to
                this safety zone. During the comment period that ended March 4, 2019,
                we received no comments.
                 Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
                exists for making this rule effective less than 30 days after
                publication in the Federal Register. The recent government shutdown
                delayed the publication of the NPRM, which is causing this temporary
                final rule to be effective less than 30 days after publication.
                III. Legal Authority and Need for Rule
                 The Coast Guard is issuing this rule under its authority in 46
                U.S.C 70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP)
                Guam has determined that potential hazards associated with the exercise
                will be a safety concern. The purpose of this rule is to protect all
                persons and vessels participating in this marine event from potential
                safety hazards associated with vessel traffic in the area.
                IV. Discussion of Comments, Changes, and the Rule
                 As noted above, we received no comments on our NPRM published
                January 31, 2019. There are no changes in the regulatory text of this
                rule from the proposed rule in the NPRM.
                 This rule establishes a safety zone from 6:30 until 8:30 a.m. on
                March 31, 2019. The safety zone will cover all navigable waters within
                100-yard radius of race participants in Tanapag Harbor, Saipan. This
                rulemaking would prohibit persons and vessels not involved in the event
                from being in the safety zone unless authorized by the COTP or a
                designated representative.
                V. Regulatory Analyses
                 We developed this 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 rule has not been
                designated a ``significant regulatory action,'' under Executive Order
                12866. Accordingly, this rule 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 Tanapag Harbor for 2 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 received no comments from the Small Business
                Administration on this rulemaking. The Coast Guard certifies under 5
                U.S.C. 605(b) that this rule will 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
                V.A. above, this rule will not have a significant economic impact on
                any vessel owner or operator.
                 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 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
                contact the person listed in the FOR FURTHER INFORMATION CONTACT
                section.
                 Small businesses may send comments on the actions of Federal
                employees who enforce, or otherwise determine compliance with, Federal
                regulations to the Small Business and Agriculture Regulatory
                Enforcement Ombudsman and the Regional Small Business Regulatory
                Fairness Boards. The Ombudsman evaluates these actions annually and
                rates each agency's responsiveness to small business. If you wish to
                comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
                (1-888-734-3247). The Coast Guard will not retaliate against small
                entities that question or complain about this rule or any policy or
                action of the Coast Guard.
                C. Collection of Information
                 This rule will 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 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 rule does not have tribal implications under Executive
                Order 13175, Consultation and Coordination with Indian Tribal
                Governments, because it does 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 rule has implications for federalism or Indian tribes,
                please contact 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
                [[Page 9964]]
                aggregate, or by the private sector of $100,000,000 (adjusted for
                inflation) or more in any one year. Though this rule will not result in
                such an expenditure, we do discuss the effects of this rule elsewhere
                in this preamble.
                F. Environment
                 We have analyzed this rule under Department of Homeland Security
                Directive 023-01 and Commandant Instruction M16475.1D, which guide the
                Coast Guard in complying with the National Environmental Policy Act of
                1969 (42 U.S.C. 4321-4370f), and have determined 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 rule involves
                a safety zone lasting 2 hours that will prohibit entry within 100-yards
                of swim participants. It is categorically excluded from further review
                under paragraph L63(a) of Appendix A, Table 1 of DHS Instruction Manual
                023-01-001-01, Rev. 01. A Record of Environmental Consideration
                supporting this determination is available in the docket where
                indicated under ADDRESSES.
                G. Protest Activities
                 The Coast Guard respects the First Amendment rights of protesters.
                Protesters are asked to contact the person listed in the FOR FURTHER
                INFORMATION CONTACT section to coordinate protest activities so that
                your message can be received without jeopardizing the safety or
                security of people, places, or vessels.
                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 amends
                33 CFR part 165 as follows:
                PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
                0
                1. The authority citation for part 165 continues to read as follows:
                 Authority: 33 U.S.C. 70034, 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.T14-0020 to read as follows:
                Sec. 165.T14-0020 Safety Zone; Tanapag Harbor, Saipan, CNMI.
                 (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 Tanapag Harbor, Saipan. Race
                participants, chase boats and organizers of the event will be exempt
                from the safety zone.
                 (b) Effective dates. This rule is effective from 6:30 a.m. to 8:30
                a.m. on March 31, 2019.
                 (c) Enforcement. Any Coast Guard commissioned, warrant, or petty
                officer, and any other COTP representative permitted by law, may
                enforce this temporary safety zone.
                 (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. 1232 and 46 U.S.C. 192.
                 Dated: March 14, 2019.
                Christopher M. Chase,
                Captain, U.S. Coast Guard, Captain of the Port, Guam.
                [FR Doc. 2019-05094 Filed 3-18-19; 8:45 am]
                 BILLING CODE 9110-04-P
                

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