1336 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 

radio VHF FM Channel 13 or the 

telephone number posted at the bridge. 

A delay of up to 20 minutes may be 

expected if a train is approaching so 

closely that it may not be safely 

stopped. 

Vessels that can pass under the bridge 

in the closed position may do so at any 

time. There are no alternate routes. The 

bridge can open in the event of an 

emergency situation. 

The Coast Guard contacted the 

waterway users regarding this proposed 

temporary deviation to test a proposed 

change to the Drawbridge Operation 

Regulations and no objections were 

received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: December 24, 2014. 

V.B. Gifford, Jr., 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District. 

[FR Doc. 2015–00195 Filed 1–8–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–0935] 

RIN 1625–AA00, 1625–AA11, and 1625– 

AA87 

Regulated Navigation Areas and 

Limited Access Areas; Waterway 

Management of Apra Harbor, Guam 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is revising 

and consolidating existing regulated 

navigation areas, security zones and 

safety zones currently in place in Apra 

Harbor, Guam. This action will replace 

existing redundant, potentially 

confusing and outdated navigation 

regulations with a cogent regulatory 

framework in order to better meet the 

needs of the community and help 

ensure the safe and efficient use of the 

harbor. 

DATES: This rule is effective on February 

10, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–0935. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Chief Kristina Gauthier, U.S. 

Coast Guard Sector Guam at (671) 355– 

4866, email Kristina.M.Gauthier@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

(202) 366–9826 or 1–800–647–5527. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

An Advance Notice of Public Rule 

Making (ANPRM) on this action to 

revise and consolidate the existing 

regulated navigation areas, security 

zones and safety zones in and around 

Apra Harbor, Guam was published on 

January 10, 2014 and two public 

meetings were held on January 22, 2014. 

Three comments were received during 

the comment period. Subsequently, after 

consideration of all comments, a Notice 

of Proposed Rule Making (NPRM) on 

this action was published on September 

19, 2014. The closing date for comments 

regarding the NPRM was November 3, 

2014. No new comments were received. 

No subsequent public meetings were 

requested or held. 

B. Basis and Purpose 

The legal basis for this rulemaking is 

the Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 33 U.S.C. 1231; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 160.5; 

and Department of Homeland Security 

Delegation No. 0170.1. 

The purpose of the rulemaking is to 

revise and consolidate the existing 

regulated navigation areas, security 

zones and safety zones in and around 

Arpa Harbor, Guam. Navigational 

regulations of Apra Harbor have been in 

place in various forms dating back to the 

era of U.S. Navy administration of 

Guam. Some of the regulations predate 

the promulgation of the Ports and 

Waterways Safety Act of 1972, were 

initially included in 33 CFR parts 127 

and 128, and were subsequently recodified in 33 CFR part 165 on July 8, 

1982 as part of a regulatory 

reorganization effort. The regulations in 

part 165 were subsequently amended in 

1986, 1990, 1996, 1998 and 2003. 

Between 1972 and 2003 four Regulated 

Navigation Areas, three security zones 

and two safety zones were created and/ 

or amended. One of the security zones 

was subsequently removed, another 

changed to a safety zone, and an 

additional safety zone created. The 

following details this history: 

Apra Harbor, Guam safety zone 

regulations in 33 CFR 165.1401 were 

last amended in 1990 (55 FR 18725, 

May 4, 1990). These zones were 

established as security zones in 1972 (37 

FR 10800, 31 May 1972) amended in 

1975 (40 FR 1016, January 6, 1975), 

codified in 33 CFR 127.1401(a) and (b) 

in 1982 as part of a regulatory 

reorganization effort (47 FR 29569, 

29667, July 8, 1982), and were 

subsequently disestablished and reestablished as safety zones in 1990 (55 

FR 18725, May 4, 1990). 

Apra Outer Harbor, Guam regulated 

navigation area regulations in 33 CFR 

165.1402 were established by 33 CFR 

part 165 (47 FR 29660, July 8, 1982), 

and amended in 1996 (61 FR 33669, 

June 28, 1996), and subsequently again 

in 1998 (63 FR 35533, June 30, 1998). 

Apra Harbor Security Zone in 33 CFR 

165.1404 was promulgated in 1990 (55 

FR 18725, May 4, 1990). 

Other Regulated Navigation Areas 

and Security Zone regulations in 33 CFR 

165.1405 regarding Designated Escorted 

Vessels-Philippine Sea and Apra Harbor 

Guam (including Cabras Island Channel) 

were established in 2003 (68 FR 4384, 

January 29, 2003). 

Currently there are four Regulated 

Navigation Areas (RNA), one security 

zone and two safety zones within and 

approaching Apra Harbor. These 

regulations, included in 33 CFR 

165.1401, 1402, 1404 and 1405, while 

intended to improve the safety and 

security of Apra Harbor and the 

mariners operating therein, are 

potentially confusing, overlapping, and 

do not adequately address current 

needs. The purpose of this rulemaking 

is to simplify the current regulations, 

taking into account relevant safety and 

security navigational requirements for 

the waters of Apra Harbor, including 

approaches to the Harbor. This 

rulemaking creates a regulatory scheme 

that ensures the needs of all 

stakeholders are addressed in a concise, 

understandable format through 

consolidation of the regulated 

navigation areas and rationalization of 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 1337 

limited access areas (safety or security 

zones). 

C. Discussion of Comments, Changes, 

and the Final Rule 

No comments regarding the Notice of 

Proposed Rule Making were received. 

The regulatory text of the Final Rule is 

the same as the regulatory text of the 

Notice of Proposed Rule Making 

without change. 

By this rulemaking, the Coast Guard 

is: 

• Revising 33 CFR 165.1401 by: 

Æ Removing the safety zone around 

Wharf H as the wharf is no longer used 

for explosives cargo handling on a 

regular basis. 

Æ Removing Wharf H terminology in 

the special regulation paragraph, as it no 

longer applies. 

Æ Expanding and re-designating the 

safety zone around Naval Wharf Kilo as 

Safety Zones A and B, to address the 

increasing volumes of explosive cargoes 

handled by the wharf, while assuring 

operational flexibility to maritime 

operators under varying cargo load 

conditions and their explosive arcs. The 

activation and enforcement of Safety 

Zone A will be visually indicated by a 

red (BRAVO) flag and a ‘‘SAFETY 

ZONE A’’ sign displayed at Naval Wharf 

Kilo. The activation and enforcement of 

Safety Zone B will be visually indicated 

by a red (BRAVO) flag and a ‘‘SAFETY 

ZONE B’’ sign displayed at Naval Wharf 

Kilo. 

• Removing 33 CFR 165.1402 

because: 

Æ The Regulated Navigation Area 

(RNA) designated in paragraph (a) is 

redundant and less precise than a 

subsequent RNA addressing the area, 33 

CFR 165.1405(a)(1) and (2), that was 

made effective January 29, 2003 (68 FR 

4384, Jan. 29, 2003). 

Æ The existing § 165.1402(b) 

regulations are outdated, concurrently 

addressed by Coast Guard anchorage 

regulation 33 CFR 110.238, and local 

government harbor regulations. 

• Amending 33 CFR 165.1405 by: 

Æ Removing the words ‘‘(including 

Cabras Island Channel)’’ from the 

section heading, 

Æ Removing paragraph (a)(4) because 

Cabras Island Channel is already 

encompassed by paragraph (a)(2), Apra 

Harbor. 

Æ Revising paragraph (a)(2) by 

replacing a reference to ‘‘Apra Harbor’’ 

with ‘‘Apra Outer Harbor.’’ This is 

appropriate because the current 

regulation is redundant in addressing 

the waters of Apra Inner Harbor that are 

restricted by existing U.S. Army Corps 

of Engineers regulation 33 CFR 

334.1430. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. This rulemaking will not 

adversely impact the economy or a 

segment of the economy in Guam, 

interfere with another agency, alter any 

entitlements, grants, user fees, or loans, 

or raise a novel or controversial 

question of law or policy. This 

rulemaking will streamline the current 

regulations in place, actually decreasing 

the burden on waterway users. Further, 

although the intention is to expand the 

safety zones around Naval Wharf Kilo, 

traffic will be permitted to pass through 

the zones with the permission of the 

Captain of the Port. In fact, providing 

two safety zones will limit the burden 

on the mariner, allowing a closer 

approach to Naval Wharf Kilo under 

certain conditions. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The Coast 

Guard received 0 comments from the 

Small Business Administration on this 

rule. 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. 

This rulemaking is intended to 

streamline the current regulations in 

place, actually decreasing the burden on 

certain small entities and waterway 

users. 

3. 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). 

4. Federalism 

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 

determined that this rule does not have 

implications for federalism. 

5. 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. 

6. 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. 

7. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

8. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

9. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

10. Indian Tribal Governments 

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, 


rljohnson on DSK3VPTVN1PROD with RULES
1338 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

11. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

12. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

13. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (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 the 

consolidation and rationalization of 

existing Apra Harbor navigation 

regulations. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 165.1401 to read as 

follows: 

§ 165.1401 Apra Harbor, Guam—safety 

zones. 

(a) Location. (1) The following is 

designated Safety Zone A: The waters of 

Apra Outer Harbor encompassed within 

an arc of 1,000 yards radius centered at 

the center of Naval Wharf Kilo, located 

at 13 degrees 26′44.5′′ N and 144 degrees 

37′50.7′′ E. (Based on World Geodetic 

System 1984 Datum). 

(2) The following is designated Safety 

Zone B: The waters of Apra Outer 

Harbor encompassed within an arc of 

1,400 yards radius centered at the center 

of Naval Wharf Kilo, located at 13 

degrees 26′44.5′′ N and 144 degrees 

37′50.7′′ E. (Based on World Geodetic 

System 1984 Datum). 

(b) Special regulations. (1) Safety 

Zone A, described in paragraph (a) of 

this section, will only be enforced when 

Naval Wharf Kilo, or a vessel berthed at 

Naval Wharf Kilo, is displaying a red 

(BRAVO) flag by day or a red light by 

night, accompanied by a ‘‘SAFETY 

ZONE A’’ sign. 

(2) Safety Zone B, described in 

paragraph (a) of this section, will only 

be enforced when Naval Wharf Kilo, or 

a vessel berthed at Naval Wharf Kilo, is 

displaying a red (BRAVO) flag by day or 

a red light by night, accompanied by a 

‘‘SAFETY ZONE B’’ sign. 

(3) Under general regulations in 

§ 165.23, entry into the zones described 

in paragraph (a) of this section is 

prohibited unless authorized by the 

Captain of the Port, Guam. 

§ 165.1402 [Removed] 

■ 3. Remove § 165.1402. 

■ 4. In § 165.1405, revise the section 

heading and paragraph (a)(2) and 

remove paragraph (a)(4) to read as 

follows: 

§ 165.1405 Regulated Navigation Areas 

and Security Zones: Designated Escorted 

Vessels-Philippine Sea and Apra Harbor 

Guam, and Tanapag Harbor, Saipan, 

Commonwealth of the Northern Mariana 

Islands (CNMI). 

(a) * * * 

(2) Apra Outer Harbor, Guam—All 

waters from surface to bottom of Apra 

Outer Harbor, Guam, shoreward of the 

COLREGS Demarcation line as 

described in 33 CFR part 80. 

* * * * * 

Dated: December 19, 2014. 

C. B. Thomas, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fourteenth Coast Guard District. 

[FR Doc. 2015–00181 Filed 1–8–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0554] 

RIN 1625–AA11 

Regulated Navigation Area; Sarah 

Mildred Long Bridge Replacement, 

Portsmouth, NH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The United States Coast 

Guard is establishing a Regulated 

Navigation Area (RNA) on the navigable 

waters of the Piscataqua River under 

and surrounding the Sarah Mildred 

Long Bridge between Portsmouth, NH 

and Kittery, ME. This RNA will allow 

the United States Coast Guard to enforce 

speed and wake restrictions and limit 

vessel traffic through the RNA during 

bridge replacement operations, both 

planned and unforeseen, which could 

pose an imminent hazard to persons and 

vessels operating in the area. This rule 

is necessary to provide for the safety of 

life on the navigable waters during 

bridge structural repair operations. 

DATES: This rule is effective from 

January 9, 2015 until May 31, 2019. This 

rule has been enforced with actual 

notice since December 31, 2014. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2014– 

0554. To view documents mentioned in 

this preamble as being available in the 

docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Lieutenant Commander Myles 

Greenway, Waterways Management at 

First Coast Guard District at 617–223– 

8385 or email at Myles.J.Greenway@

uscg.mil; or call Lieutenant Junior Grade 

David T. Bourbeau, Waterways 

Management Division at Coast Guard 

Sector Northern New England, at 207– 

347–5015 or email at 

David.T.Bourbeau@uscg.mil. If you have 

questions on viewing or submitting 


rljohnson on DSK3VPTVN1PROD with RULES