[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Rules and Regulations]
[Pages 17083-17085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08224]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1084]
RIN 1625-AA00


Safety Zone; Cocos Lagoon, Merizo, GU

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 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. 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 
Guam (COTP).

DATES: This rule is effective from 7 a.m. through 1 p.m. on May 26, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1084 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:

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 March 8, 
2019, the Coast Guard published an NPRM titled ``Safety Zone; Cocos 
Lagoon, Merizo, GU'' (84 FR 8489). 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 April 8, 2019, 
we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that 
potential hazards associated with the event will be a safety concern. 
The purpose of this rule is to protect all persons and vessels 
participating in this 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 March 
8, 2019. There is one change in the regulatory text of this rule from 
the proposed rule in the NPRM. Paragraph (b), regarding enforcement 
dates, has been updated to an enforcement date from 7 a.m. to 1 p.m. on 
May 26, 2019 whereas the enforcement date in the NPRM was from 6 a.m. 
to 1 p.m. on a specified day during either the last two weeks of May or 
the first two weeks of June. This change was made after we received 
notification of the exact date and time of the event. The date and time 
are within the time frame listed in the NPRM.
    This rule establishes a safety zone from 7 a.m. until 1 p.m. on May 
26, 2019. The safety zone will cover all navigable waters within 100-
yards radius of race participants in Cocos Lagoon, Guam. 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.

[[Page 17084]]

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 the Cocos Lagoon for 6 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 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 6 hours that would prohibit entry within 100 
yards of swim participants. It is categorically excluded from further 
review under paragraph L60(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.T14-1084 to read as follows:


Sec.  165.T14-1084  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

[[Page 17085]]

of the event will be exempt from the safety zone.
    (b) Enforcement dates. This section will be enforced from 7 a.m. to 
1 p.m. on May 26, 2019.
    (c) Enforcement. All persons are required to comply with the 
general regulations governing safety zones found in Sec.  165.23. Entry 
into or remaining in this zone is prohibited unless authorized by the 
Coast Guard Captain of the Port, Guam. Persons desiring to transit the 
area of the safety zone must first request authorization from the 
Captain of the Port Guam or his designated representative. To seek 
permission to transit the area, the Captain of the Port Guam (COTP) and 
his designated representatives can be contacted at telephone number 
(671) 355-4821 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
Any Coast Guard commissioned, warrant, or petty officer, and any other 
COTP representative permitted by law, may enforce this safety zone.
    (d) Waiver. The COTP may waive any of the requirements of this 
section 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 section are 
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: April 19, 2019.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2019-08224 Filed 4-23-19; 8:45 am]
BILLING CODE 9110-04-P


