[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23367-23369]
[FR Doc No: 2018-10823]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0651]
RIN 1625-AA00

Safety Zone; Navy Underwater Detonation (UNDET) Exercises, GU

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing two recurring safety zones for
navigable waters of Apra Outer Harbor and Piti, Guam. The safety zones
will encompass sites designated for U.S. Navy underwater detonation
(UNDET) exercises. The Coast Guard believes this safety zone regulation
is necessary to protect the public and exercise participants within the
affected area from possible safety hazards associated with these
exercises. These safety zones will impact a small designated area of
navigable waters in Apra Harbor and Piti during periods of times, many
of which are of short duration, on days requested by the Navy for UNDET
exercises. With the exception of exercise participants, entry of
vessels or persons into the zone is prohibited unless specifically
authorized by the Captain of the Port Guam.

DATES: This rule is effective June 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0651 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 Petty Officer Robin Branch, Sector Guam, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [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

    U.S. Navy UNDET exercises occur multiple times throughout the year
to train and prepare personnel for operational missions. We have
established safety zones for these Navy UNDETs in past years through a
temporary final rulemaking for each exercise. For all subsequent
exercises, we propose to establish recurring safety zones through this
regulation to safeguard the public and exercise participants within the
affected area from possible safety hazards associated with the
exercises.
    In response, on February 9, 2018, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Navy
Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU (83 FR
5751-5753). In the NPRM, we stated the purpose and need for the safety
zone, and invited comments on our proposed regulatory action related to
these safety zones. During the comment period that ended March 26,
2018, we received 2 comments in support of the proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Guam (COTP) has determined that potential
hazards associated with the UNDET exercises will be a safety concern
for anyone within a 700 yard radius around the two locations with the
exception of exercise participants. The purpose of these safety zones
is to protect the public and exercise participants from possible safety
hazards associated with the exercises.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published
February 9, 2018. Both comments supported the rule, and proposed no
changes. The only change made will be to the title of the rule. The
original title from the proposed rule in the NPRM was ``Safety Zone;
Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU''.
The title will be changed to ``Safety Zone; Navy Underwater Detonation
(UNDET) Exercises, GU'' which better reflects the rule. There are no
changes in the regulatory text of this rule from the NPRM.
    The COTP proposed to establish two recurring safety zones for
certain periods of time, many of which are of short duration, on days
requested by the Navy for UNDET exercises. The safety zones will cover
all navigable waters within a 700 yard radius above and below the
surface for the Apra Outer Harbor UNDET site and a 700 yard radius
above and below the surface for the UNDET Piti site. The duration of
the safety zones is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the UNDET exercise.
With the exception of exercise participants, no vessel or person will
be permitted to enter the safety zones without obtaining permission
from 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, and duration of the safety zones. Vessel traffic will be able
to safely transit around these safety zones, which will impact a small
designated area of waters off of Piti, Guam, and in Apra Outer Harbor
for certain periods of time, many of which are of short duration, on
days requested by the Navy for UNDET exercises. The UNDET exercises
occur approximately 10 times a year, although additional exercises may
be required based on Navy training needs. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the safety zones 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
establishing two recurring safety zones for periods of time, many of
which are of short duration, on days requested by the Navy for UNDET
exercises that will prohibit entry within 700 yards radius above and
below the surface for the Apra Outer Harbor UNDET site and a 700 yard
radius above and below the surface for the Piti UNDET site. It is
categorically excluded from further review under paragraph L[37] 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. 1231; 50 U.S.C. 191, 195; 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.  165.1402 to read as follows:

Sec.  165.1402   Safety Zone; Navy Underwater Detonation (UNDET)
Exercises, GU.

    (a) Location. The following areas, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to
the ocean floor, are safety zones:
    (1) Apra Outer Harbor, Guam. All waters above and below the surface
bounded by a circle with a 700 yard radius centered at 13 degrees 27
minutes 42 seconds North Latitude and 144 degrees 38 minutes 30 seconds
East Longitude, (NAD 1983).
    (2) Piti, Guam. All waters above and below the surface bounded by a
circle with a 700 yard radius centered at 13 degrees 29 minutes 03
seconds North Latitude and 144 degrees 40 minutes 03 seconds East
Longitude, (NAD 1983).
    (b) Enforcement periods. This section will be enforced for
designated periods of time, many of which are of short duration, on
days requested by the Navy for purpose of UNDET exercises.
    (c) Regulations. The general regulations governing safety zones
contained in Sec.  165.23 apply. With the exception of exercise
participants, no vessels may enter or transit safety zones in paragraph
(a)(1) of this section and no persons in the water may enter or transit
the safety zone in paragraph (a)(2) of this section unless authorized
by the COTP or a designated representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce these safety zones.

    Dated: April 27, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-10823 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Notices]
[Pages 48067-48068]
[FR Doc No: 2020-17281]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0047]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 10 individuals from the
requirement in the Federal Motor Carrier Safety Regulations (FMCSRs)
that interstate commercial motor vehicle (CMV) drivers have ``no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any
loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on July 21, 2020. The exemptions
expire on June 21, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0047 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On May 19, 2020, FMCSA published a notice announcing receipt of
applications from 10 individuals requesting an exemption from the
epilepsy and seizure disorders

prohibition in 49 CFR 391.41(b)(8) and requested comments from the
public (85 FR 30007). The public comment period ended on June 18, 2020,
and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would achieve
a level of safety equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Discussion of Comments

    FMCSA received one comment in this proceeding from the Minnesota
State Driver's Licensing Agency stating they have no objections to
FMCSA issuing an exemption to Mr. Sonny Chase.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel.
The Agency conducted an individualized assessment of each applicant's
medical information, including the root cause of the respective
seizure(s) and medical information about the applicant's seizure
history, the length of time that has elapsed since the individual's
last seizure, the stability of each individual's treatment regimen and
the duration of time on or off of anti-seizure medication. In addition,
the Agency reviewed the treating clinician's medical opinion related to
the ability of the driver to safely operate a CMV with a history of
seizure and each applicant's driving record found in the Commercial
Driver's License Information System for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System. For non-CDL holders,
the Agency reviewed the driving records from the State Driver's
Licensing Agency (SDLA). A summary of each applicant's seizure history
was discussed in the May 19, 2020, Federal Register notice (85 FR
30007) and will not be repeated in this notice.
    These 10 applicants have been seizure-free over a range of 8 to 29
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last 2 years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) is likely to achieve a level of safety equal to that
existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must remain seizure-free and maintain a stable treatment
during the 2-year exemption period; (2) each driver must submit annual
reports from their treating physicians attesting to the stability of
treatment and that the driver has remained seizure-free; (3) each
driver must undergo an annual medical examination by a certified ME, as
defined by Sec.  390.5; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy of his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 10 exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition, Sec.  391.41(b)(8), subject to the requirements cited
above:

Joseph Bellamy (MD)
Brian Bommer (OH)
Allen Bradley (AL)
Sonny Chase (MN)
Stephen Claphan (MI)
Robert King (NH)
Jason Miller (NE)
Michael Morris (OR)
Daryl Schuetz (CO)
Thomas Smutnik (PA)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-17281 Filed 8-6-20; 8:45 am]
BILLING CODE 4910-EX-P