82_FR_16056 82 FR 15995 - Special Local Regulation, 2017 Cataño Offshore, San Juan Harbor, San Juan, PR

82 FR 15995 - Special Local Regulation, 2017 Cataño Offshore, San Juan Harbor, San Juan, PR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 61 (March 31, 2017)

Page Range15995-15997
FR Document2017-06351

The Coast Guard is establishing a special local regulation on the waters of San Juan Harbor in San Juan, Puerto Rico during the 2017 Cata[ntilde]o Offshore, a high-speed race event. The special local regulation is necessary to ensure the safety of race participants, participant vessels, spectators, and the general public during the event. This regulation establishes three regulated areas: A race area; a buffer zone; and a spectator area. This special local regulation prohibits non-participant persons and vessels from entering, transiting through, anchoring in, or remaining within the race area or buffer zone and prohibits vessels from transiting at speeds that cause wake within the spectator area unless authorized by the Captain of the Port San Juan or a designated representative.

Federal Register, Volume 82 Issue 61 (Friday, March 31, 2017)
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Rules and Regulations]
[Pages 15995-15997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06351]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0255]
RIN 1625-AA08


Special Local Regulation, 2017 Cata[ntilde]o Offshore, San Juan 
Harbor, San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of San Juan Harbor in San Juan, Puerto Rico during the 2017 
Cata[ntilde]o Offshore, a high-speed race event. The special local 
regulation is necessary to ensure the safety of race participants, 
participant vessels, spectators, and the general public during the 
event. This regulation establishes three regulated areas: A race area; 
a buffer zone; and a spectator area. This special local regulation 
prohibits non-participant persons and vessels from entering, transiting 
through, anchoring in, or remaining within the race area or buffer zone 
and prohibits vessels from transiting at speeds that cause wake within 
the spectator area unless authorized by the Captain of the Port San 
Juan or a designated representative.

DATES: This rule is effective from 11:00 a.m. through 4 p.m. on April 
2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0255 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 Mr. Efrain Lopez, Sector San Juan Prevention Department, 
Coast Guard; telephone (787) 289-2097, 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
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive the 
required event documentation until March 22, 2017, leaving insufficient 
time before the event to publish an NPRM and to receive public comment 
in order to complete the rulemaking process. For that reason, it would 
be impracticable to publish an NPRM.
    For the reason discussed above, 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.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish special local regulations is 33 U.S.C. 1233. The purpose of 
the rule is to ensure safety of the event participants, the general 
public, and the navigable waters of San Juan Harbor in the vicinity of 
San Juan, Puerto Rico during the 2017 Cata[ntilde]o Offshore race 
event.

IV. Discussion of the Rule

    This rule establishes a special local regulation on certain waters 
of San Juan Harbor in San Juan, Puerto Rico during the 2017 
Cata[ntilde]o Offshore race event. The race is scheduled to take place 
from 11 a.m. to 4 p.m. on April 2, 2017. Approximately 30 high-speed 
boats and personal watercraft are expected to participate in the race. 
The special local regulation will create three regulated areas: (1) A 
race area; (2) a buffer zone; and (3) a spectator area. Within the race 
area and buffer zone, non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area without obtaining permission from 
the COTP San Juan or a designated representative. Within the spectator 
area, all persons and vessels are prohibited from traveling in excess 
of wake speed without obtaining permission from the COTP San Juan or a 
designated representative. If authorization is granted by the COTP San 
Juan or a designated representative, all persons and vessels receiving 
such authorization must comply with the instructions of the COTP San 
Juan or a designated representative. The Coast Guard will provide 
notice of the regulated areas by Local Notice to Mariners, Broadcast 
Notice to Mariners, or by on-scene designated representatives.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'')

[[Page 15996]]

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 including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity. E.O. 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only five hours; (2) although persons and vessels may not enter, 
transit through, anchor in, or remain within the race area without 
authorization from the COTP San Juan or a designated representative, 
the vessel traffic will be able to safely transit around the regulated 
areas, which will impact certain waters of San Juan Harbor in San Juan, 
Puerto Rico; (3) persons and vessels would still be able to enter, 
transit through, anchor in, or remain within the race area and buffer 
zone or transit in excess of wake speed in the spectator zone if 
authorized by the COTP San Juan or a designated representative; and (4) 
the Coast Guard will provide advance notice of the special local 
regulation to the local maritime community by Local Notice to Mariners, 
Broadcast Notice to Mariners, or by on-scene designated 
representatives.

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 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 
special local regulation 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 above.

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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 special local regulation that will prohibit non-
participant persons and vessels from entering, transiting through, 
anchoring in, or remaining within a limited race area and will also 
prohibit persons and vessels from transiting at more than wake speed 
within a limited spectator area during a race event lasting five hours. 
This rule is categorically excluded from further review under paragraph 
34(h) 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.

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.

[[Page 15997]]

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Add Sec.  100.35T07-0255 to read as follows:


Sec.  100.35T07-0255  Special Local Regulations; 2017 Cata[ntilde]o 
Offshore, San Juan Harbor, San Juan, PR.

    (a) Location. The following regulated areas are established as a 
special local regulation. All coordinates are North American Datum 
1983.
    (1) Race area. All waters of San Juan Harbor encompassed within an 
imaginary line connecting the following points: Starting at Point 1 in 
position 18[deg]27.915' N., 066[deg]07.756' W.; thence south to Point 2 
in position 18[deg]27.164' N., 066[deg]07.634' W.; thence south to 
Point 3 in position 18[deg]26.875' N., 066[deg]07.451' W.; thence east 
to Point 4 in position 18[deg]26.938' N., 066[deg]06.645' W.; thence 
northeast to point 5 in position 18[deg]27.069' N., 066[deg]06.535' W.; 
thence northwest to point 6 in position 18[deg]28.005' N., 
066[deg]07.628' W.; thence southwest back to origin.
    (2) Buffer zone. All waters of San Juan Harbor encompassed within 
an imaginary line connecting the following points: Starting at Point 1 
in position 18[deg]28.170' N., 066[deg]07.588' W.; thence west to Point 
2 in position 18[deg]27.943' N., 066[deg]08.010' W.; thence south to 
Point 3 in position 18[deg]27.132' N., 066[deg]07.734' W.; thence south 
to Point 4 in position 18[deg]26.733' N., 066[deg]07.488' W.; thence 
east to point 5 in position 18[deg]26.768' N., 066[deg]06.578' W.; 
thence northeast to point 6 in position 18[deg]27.168' N., 
066[deg]06.357' W.; thence northwest to Point 7 in position 
18[deg]27.510' N., 066[deg]06.954' W.; thence northwest to Point 8 in 
position 18[deg]27.611' N., 066[deg]07.098' W.; thence north to Point 9 
in position 18[deg]27.779' N., 066[deg]07.123' W.; thence northwest to 
point 10 in position 18[deg]27.846' N., 066[deg]07.182' W.; thence 
north to point 11 in position 18[deg]27.924' N., 066[deg]07.190' W.; 
thence northwest to Point 12 in position 18[deg]27.961' N., 
066[deg]07.256' W.; thence southwest to Point 13 in position 
18[deg]27.952' N., 066[deg]07.312' W.; thence northwest to Point 14 in 
position 18[deg]27.967' N., 066[deg]07.343' W.; thence north to point 
15 in position 18[deg]28.003' N., 066[deg]07.335' W.; thence northwest 
to point 16 in position 18[deg]28.071' N., 066[deg]07.399' W.; thence 
southwest to Point 17 in position 18[deg]28.055' N., 066[deg]07.433' 
W.; thence northwest back to origin.
    (3) Spectator area. All waters of San Juan Harbor excluding the 
race area and buffer zone, encompassed within an imaginary line 
connecting the following points: Starting at Point 1 in position 
18[deg]26.933' N., 066[deg]07.824' W.; thence southeast to Point 2 in 
position 18[deg]26.705' N., 066[deg]07.648' W.; thence northwest back 
to origin.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, State, and Local officers designated by or assisting the 
Captain of the Port San Juan in the enforcement of the regulated areas.
    (c) Regulations. (1) All non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the race area unless authorized by the Captain of the 
Port San Juan or a designated representative.
    (2) All non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
buffer zone unless authorized by the Captain of the Port San Juan or a 
designated representative.
    (3) All persons and vessels are prohibited from transiting in 
excess of wake speed in the spectator area, unless authorized by the 
Captain of the Port San Juan or a designated representative.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, remain within or transit in excess of wake speed within any of the 
regulated areas may contact the Captain of the Port San Juan by 
telephone at (787) 289-2041, or a designated representative via VHF-FM 
radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the Captain of the Port San Juan or a 
designated representative.
    (5) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced with actual 
notice from 11 a.m. until 4 p.m. on April 2, 2017, unless sooner 
terminated by the Captain of the Port San Juan.

    Dated: March 27, 2017.
R.W. Warren,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2017-06351 Filed 3-30-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Rules and Regulations                                         15995

                                             electronic submissions. The                             event. The special local regulation is                that reason, it would be impracticable to
                                             requirements for becoming an EDGAR                      necessary to ensure the safety of race                publish an NPRM.
                                             Filer and updating company data are set                 participants, participant vessels,                      For the reason discussed above, under
                                             forth in the updated EDGAR Filer                        spectators, and the general public                    5 U.S.C. 553(d)(3), the Coast Guard finds
                                             Manual, Volume I: ‘‘General                             during the event. This regulation                     that good cause exists for making this
                                             Information,’’ Version 27 (March 2017).                 establishes three regulated areas: A race             rule effective less than 30 days after
                                             The requirements for filing on EDGAR                    area; a buffer zone; and a spectator area.            publication in the Federal Register.
                                             are set forth in the updated EDGAR Filer                This special local regulation prohibits               III. Legal Authority and Need for Rule
                                             Manual, Volume II: ‘‘EDGAR Filing,’’                    non-participant persons and vessels
                                             Version 41 (March 2017). All of these                   from entering, transiting through,                       The legal basis for this rule is the
                                             provisions have been incorporated by                    anchoring in, or remaining within the                 Coast Guard’s authority to establish
                                             reference into the Code of Federal                      race area or buffer zone and prohibits                special local regulations is 33 U.S.C.
                                             Regulations, which action was approved                  vessels from transiting at speeds that                1233. The purpose of the rule is to
                                             by the Director of the Federal Register                 cause wake within the spectator area                  ensure safety of the event participants,
                                             in accordance with 5 U.S.C. 552(a) and                  unless authorized by the Captain of the               the general public, and the navigable
                                             1 CFR part 51. You must comply with                     Port San Juan or a designated                         waters of San Juan Harbor in the
                                             these requirements in order for                         representative.                                       vicinity of San Juan, Puerto Rico during
                                             documents to be timely received and                                                                           the 2017 Cataño Offshore race event.
                                                                                                     DATES: This rule is effective from 11:00
                                             accepted. The EDGAR Filer Manual is                     a.m. through 4 p.m. on April 2, 2017.                 IV. Discussion of the Rule
                                             available for Web site viewing and
                                             printing; the address for the Filer                     ADDRESSES: To view documents                             This rule establishes a special local
                                             Manual is https://www.sec.gov/info/                     mentioned in this preamble as being                   regulation on certain waters of San Juan
                                             edgar/edmanuals.htm. You can obtain                     available in the docket, go to http://                Harbor in San Juan, Puerto Rico during
                                             paper copies of the EDGAR Filer                         www.regulations.gov, type USCG–2017–                  the 2017 Cataño Offshore race event.
                                             Manual from the following address:                      0255 in the ‘‘SEARCH’’ box and click                  The race is scheduled to take place from
                                             Public Reference Room, U.S. Securities                  ‘‘SEARCH.’’ Click on Open Docket                      11 a.m. to 4 p.m. on April 2, 2017.
                                             and Exchange Commission, 100 F Street                   Folder on the line associated with this               Approximately 30 high-speed boats and
                                             NE., Washington, DC 20549, on official                  rule.                                                 personal watercraft are expected to
                                             business days between the hours of                      FOR FURTHER INFORMATION CONTACT: If                   participate in the race. The special local
                                             10:00 a.m. and 3:00 p.m. You can also                   you have questions on this rule, call or              regulation will create three regulated
                                             inspect the document at the National                    email Mr. Efrain Lopez, Sector San Juan               areas: (1) A race area; (2) a buffer zone;
                                             Archives and Records Administration                     Prevention Department, Coast Guard;                   and (3) a spectator area. Within the race
                                             (NARA). For information on the                          telephone (787) 289–2097, email                       area and buffer zone, non-participant
                                             availability of this material at NARA,                  Efrain.Lopez1@uscg.mil.                               persons and vessels are prohibited from
                                             call 202–741–6030, or go to: http://                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                           entering, transiting through, anchoring
                                             www.archives.gov/federal_register/                                                                            in, or remaining within the regulated
                                                                                                     I. Table of Abbreviations                             area without obtaining permission from
                                             code_of_federal_regulations/ibr_
                                             locations.html.                                         CFR Code of Federal Regulations                       the COTP San Juan or a designated
                                                                                                     DHS Department of Homeland Security                   representative. Within the spectator
                                               By the Commission.                                    FR Federal Register                                   area, all persons and vessels are
                                               Dated: March 13, 2017.                                NPRM Notice of proposed rulemaking                    prohibited from traveling in excess of
                                             Brent J. Fields,                                        § Section                                             wake speed without obtaining
                                             Secretary.                                              U.S.C. United States Code                             permission from the COTP San Juan or
                                                                                                     COTP Captain of the Port                              a designated representative. If
                                             [FR Doc. 2017–06290 Filed 3–30–17; 8:45 am]
                                             BILLING CODE 8011–01–P                                  II. Background Information and                        authorization is granted by the COTP
                                                                                                     Regulatory History                                    San Juan or a designated representative,
                                                                                                                                                           all persons and vessels receiving such
                                                                                                        The Coast Guard is issuing this                    authorization must comply with the
                                             DEPARTMENT OF HOMELAND                                  temporary rule without prior notice and
                                             SECURITY                                                                                                      instructions of the COTP San Juan or a
                                                                                                     opportunity to comment pursuant to                    designated representative. The Coast
                                                                                                     authority under section 4(a) of the                   Guard will provide notice of the
                                             Coast Guard                                             Administrative Procedure Act (APA) (5                 regulated areas by Local Notice to
                                                                                                     U.S.C. 553(b)). This provision                        Mariners, Broadcast Notice to Mariners,
                                             33 CFR Part 100                                         authorizes an agency to issue a rule                  or by on-scene designated
                                             [Docket Number USCG–2017–0255]                          without prior notice and opportunity to               representatives.
                                                                                                     comment when the agency for good
                                             RIN 1625–AA08                                           cause finds that those procedures are                 V. Regulatory Analyses
                                                                                                     ‘‘impracticable, unnecessary, or contrary               We developed this rule after
                                             Special Local Regulation, 2017 Cataño
                                                                                                     to the public interest.’’ Under 5 U.S.C.              considering numerous statutes and
                                             Offshore, San Juan Harbor, San Juan,
                                                                                                     553(b)(B), the Coast Guard finds that                 Executive Orders related to rulemaking.
                                             PR
                                                                                                     good cause exists for not publishing a                Below we summarize our analyses
                                             AGENCY:    Coast Guard, DHS.                            notice of proposed rulemaking (NPRM)                  based on a number of these statutes and
                                                                                                     with respect to this rule because the
nlaroche on DSK30NT082PROD with RULES




                                             ACTION:   Temporary final rule.                                                                               Executive Orders, and we discuss First
                                                                                                     Coast Guard did not receive the required              Amendment rights of protestors.
                                             SUMMARY:   The Coast Guard is                           event documentation until March 22,
                                             establishing a special local regulation on              2017, leaving insufficient time before                A. Regulatory Planning and Review
                                             the waters of San Juan Harbor in San                    the event to publish an NPRM and to                     E.O.s 12866 (‘‘Regulatory Planning
                                             Juan, Puerto Rico during the 2017                       receive public comment in order to                    and Review’’) and 13563 (‘‘Improving
                                             Cataño Offshore, a high-speed race                     complete the rulemaking process. For                  Regulation and Regulatory Review’’)


                                        VerDate Sep<11>2014   14:25 Mar 30, 2017   Jkt 241001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\31MRR1.SGM   31MRR1


                                             15996               Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Rules and Regulations

                                             direct agencies to assess the costs and                 significant economic impact on a                      or on the distribution of power and
                                             benefits of available regulatory                        substantial number of small entities.                 responsibilities between the Federal
                                             alternatives and, if regulation is                         While some owners or operators of                  Government and Indian tribes. If you
                                             necessary, to select regulatory                         vessels intending to transit the special              believe this rule has implications for
                                             approaches that maximize net benefits                   local regulation may be small entities,               federalism or Indian tribes, please
                                             including potential economic,                           for the reasons stated in section V.A                 contact the person listed in the FOR
                                             environmental, public health and safety                 above, this rule will not have a                      FURTHER INFORMATION CONTACT section
                                             effects, distributive impacts, and equity.              significant economic impact on any                    above.
                                             E.O. 13563 emphasizes the importance                    vessel owner or operator.
                                                                                                        Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             of quantifying both costs and benefits, of
                                             reducing costs, of harmonizing rules,                   Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             and of promoting flexibility. Executive                 Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             Order 13771 (‘‘Reducing Regulation and                  we want to assist small entities in                   Federal agencies to assess the effects of
                                             Controlling Regulatory Costs’’), directs                understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             agencies to reduce regulation and                       would affect your small business,                     particular, the Act addresses actions
                                             control regulatory costs and provides                   organization, or governmental                         that may result in the expenditure by a
                                             that ‘‘for every one new regulation                     jurisdiction and you have questions                   State, local, or tribal government, in the
                                             issued, at least two prior regulations be               concerning its provisions or options for              aggregate, or by the private sector of
                                             identified for elimination, and that the                compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                             cost of planned regulations be prudently                listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                             managed and controlled through a                        CONTACT section.                                      will not result in such expenditure, we
                                             budgeting process.’’                                       Small businesses may send comments                 do discuss the effects of this rule
                                                The Office of Management and Budget                  on the actions of Federal employees                   elsewhere in this preamble.
                                             (OMB) has not designated this rule a                    who enforce, or otherwise determine                   F. Environment
                                             significant regulatory action under                     compliance with, Federal regulations to
                                             section 3(f) of Executive Order 12866.                  the Small Business and Agriculture                       We have analyzed this rule under
                                             Accordingly, the Office of Management                   Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             and Budget (OMB) has not reviewed it.                   and the Regional Small Business                       Management Directive 023–01 and
                                                The economic impact of this rule is                  Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                             not significant for the following reasons:              Ombudsman evaluates these actions                     which guide the Coast Guard in
                                             (1) The special local regulation will be                annually and rates each agency’s                      complying with the National
                                             enforced for only five hours; (2)                       responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                             although persons and vessels may not                    wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                             enter, transit through, anchor in, or                   employees of the Coast Guard, call 1–                 determined that this action is one of a
                                             remain within the race area without                     888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                             authorization from the COTP San Juan                    Coast Guard will not retaliate against                individually or cumulatively have a
                                             or a designated representative, the                     small entities that question or complain              significant effect on the human
                                             vessel traffic will be able to safely                   about this rule or any policy or action               environment. This rule involves a
                                             transit around the regulated areas,                     of the Coast Guard.                                   special local regulation that will
                                             which will impact certain waters of San                                                                       prohibit non-participant persons and
                                             Juan Harbor in San Juan, Puerto Rico;                   C. Collection of Information                          vessels from entering, transiting
                                             (3) persons and vessels would still be                    This rule will not call for a new                   through, anchoring in, or remaining
                                             able to enter, transit through, anchor in,              collection of information under the                   within a limited race area and will also
                                             or remain within the race area and                      Paperwork Reduction Act of 1995 (44                   prohibit persons and vessels from
                                             buffer zone or transit in excess of wake                U.S.C. 3501–3520).                                    transiting at more than wake speed
                                             speed in the spectator zone if authorized                                                                     within a limited spectator area during a
                                             by the COTP San Juan or a designated                    D. Federalism and Indian Tribal                       race event lasting five hours. This rule
                                             representative; and (4) the Coast Guard                 Governments                                           is categorically excluded from further
                                             will provide advance notice of the                         A rule has implications for federalism             review under paragraph 34(h) of Figure
                                             special local regulation to the local                   under Executive Order 13132,                          2–1 of the Commandant Instruction. An
                                             maritime community by Local Notice to                   Federalism, if it has a substantial direct            environmental analysis checklist
                                             Mariners, Broadcast Notice to Mariners,                 effect on the States, on the relationship             supporting this determination and a
                                             or by on-scene designated                               between the national government and                   Categorical Exclusion Determination are
                                             representatives.                                        the States, or on the distribution of                 available in the docket where indicated
                                                                                                     power and responsibilities among the                  under ADDRESSES. We seek any
                                             B. Impact on Small Entities                             various levels of government. We have                 comments or information that may lead
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               to the discovery of a significant
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 environmental impact from this rule.
                                             requires Federal agencies to consider                   with the fundamental federalism
                                             the potential impact of regulations on                  principles and preemption requirements                G. Protest Activities
                                             small entities during rulemaking. The                   described in Executive Order 13132.                     The Coast Guard respects the First
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               Amendment rights of protesters.
                                             businesses, not-for-profit organizations                implications under Executive Order                    Protesters are asked to contact the
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                                             that are independently owned and                        13175, Consultation and Coordination                  person listed in the FOR FURTHER
                                             operated and are not dominant in their                  with Indian Tribal Governments,                       INFORMATION CONTACT section to
                                             fields, and governmental jurisdictions                  because it does not have a substantial                coordinate protest activities so that your
                                             with populations of less than 50,000.                   direct effect on one or more Indian                   message can be received without
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               jeopardizing the safety or security of
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,                 people, places or vessels.


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                                                                 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Rules and Regulations                                               15997

                                             List of Subjects in 33 CFR Part 100                     north to point 15 in position 18°28.003′                Dated: March 27, 2017.
                                               Marine safety, Navigation (water),                    N., 066°07.335′ W.; thence northwest to               R.W. Warren,
                                             Reporting and recordkeeping                             point 16 in position 18°28.071′ N.,                   Captain, U.S. Coast Guard, Captain of the
                                             requirements, Waterways.                                066°07.399′ W.; thence southwest to                   Port San Juan.
                                                                                                     Point 17 in position 18°28.055′ N.,                   [FR Doc. 2017–06351 Filed 3–30–17; 8:45 am]
                                               For the reasons discussed in the
                                                                                                     066°07.433′ W.; thence northwest back                 BILLING CODE 9110–04–P
                                             preamble, the Coast Guard amends 33
                                                                                                     to origin.
                                             CFR part 100 as follows:
                                                                                                        (3) Spectator area. All waters of San
                                             PART 100—SAFETY OF LIFE ON                              Juan Harbor excluding the race area and               DEPARTMENT OF HOMELAND
                                             NAVIGABLE WATERS                                        buffer zone, encompassed within an                    SECURITY
                                                                                                     imaginary line connecting the following
                                             ■ 1. The authority citation for part 100                points: Starting at Point 1 in position               Coast Guard
                                             continues to read as follows:                           18°26.933′ N., 066°07.824′ W.; thence
                                                                                                     southeast to Point 2 in position                      33 CFR Part 117
                                                 Authority: 33 U.S.C. 1233.
                                                                                                     18°26.705′ N., 066°07.648′ W.; thence                 [Docket No. USCG–2017–0155]
                                             ■ 2. Add § 100.35T07–0255 to read as                    northwest back to origin.
                                             follows:                                                                                                      Drawbridge Operation Regulation;
                                                                                                        (b) Definition. The term ‘‘designated
                                             § 100.35T07–0255 Special Local                          representative’’ means Coast Guard                    Snohomish River and Steamboat
                                             Regulations; 2017 Cataño Offshore, San                 Patrol Commanders, including Coast                    Slough, Everett and Marysville, WA
                                             Juan Harbor, San Juan, PR.                              Guard coxswains, petty officers, and                  AGENCY: Coast Guard, DHS.
                                               (a) Location. The following regulated                 other officers operating Coast Guard
                                                                                                                                                           ACTION:Notice of deviation from
                                             areas are established as a special local                vessels, and Federal, State, and Local
                                                                                                                                                           drawbridge regulation.
                                             regulation. All coordinates are North                   officers designated by or assisting the
                                             American Datum 1983.                                    Captain of the Port San Juan in the                   SUMMARY:   The Coast Guard has issued a
                                               (1) Race area. All waters of San Juan                 enforcement of the regulated areas.                   temporary deviation from the operating
                                             Harbor encompassed within an                               (c) Regulations. (1) All non-                      schedule that governs the SR 529
                                             imaginary line connecting the following                 participant persons and vessels are                   highway bridges, north and south
                                             points: Starting at Point 1 in position                 prohibited from entering, transiting                  bound, across the Snohomish River,
                                             18°27.915′ N., 066°07.756′ W.; thence                   through, anchoring in, or remaining                   mile 3.6 near Everett, WA, and the SR
                                             south to Point 2 in position 18°27.164′                 within the race area unless authorized                529 highway bridges, north and south
                                             N., 066°07.634′ W.; thence south to                     by the Captain of the Port San Juan or                bound, across Steamboat Slough, mile
                                             Point 3 in position 18°26.875′ N.,                      a designated representative.                          1.1 and 1.2, near Marysville, WA. This
                                             066°07.451′ W.; thence east to Point 4 in                  (2) All non-participant persons and                deviation is necessary to accommodate
                                             position 18°26.938′ N., 066°06.645′ W.;                 vessels are prohibited from entering,                 the Everett Half Marathon run event.
                                             thence northeast to point 5 in position                 transiting through, anchoring in, or                  The deviation allows the bridges to
                                             18°27.069′ N., 066°06.535′ W.; thence                   remaining within the buffer zone unless               remain in the closed-to-navigation
                                             northwest to point 6 in position                        authorized by the Captain of the Port                 position during the marathon to allow
                                             18°28.005′ N., 066°07.628′ W.; thence                   San Juan or a designated representative.              safe movement of event participants.
                                             southwest back to origin.                                                                                     DATES: This deviation is effective from
                                                                                                        (3) All persons and vessels are
                                               (2) Buffer zone. All waters of San Juan
                                                                                                     prohibited from transiting in excess of               7:30 a.m. to 11 a.m. on April 9, 2017.
                                             Harbor encompassed within an
                                                                                                     wake speed in the spectator area, unless              ADDRESSES: The docket for this
                                             imaginary line connecting the following
                                                                                                     authorized by the Captain of the Port                 deviation, USCG–2017–0155 is available
                                             points: Starting at Point 1 in position
                                                                                                     San Juan or a designated representative.              at http://www.regulations.gov. Type the
                                             18°28.170′ N., 066°07.588′ W.; thence
                                             west to Point 2 in position 18°27.943′                     (4) Persons and vessels desiring to                docket number in the ‘‘SEARCH’’ box
                                             N., 066°08.010′ W.; thence south to                     enter, transit through, anchor in, remain             and click ‘‘SEARCH.’’ Click on Open
                                             Point 3 in position 18°27.132′ N.,                      within or transit in excess of wake                   Docket Folder on the line associated
                                             066°07.734′ W.; thence south to Point 4                 speed within any of the regulated areas               with this deviation.
                                             in position 18°26.733′ N., 066°07.488′                  may contact the Captain of the Port San               FOR FURTHER INFORMATION CONTACT: If
                                             W.; thence east to point 5 in position                  Juan by telephone at (787) 289–2041, or               you have questions on this temporary
                                             18°26.768′ N., 066°06.578′ W.; thence                   a designated representative via VHF–FM                deviation, call or email Mr. Steven
                                             northeast to point 6 in position                        radio on channel 16 to request                        Fischer, Bridge Administrator,
                                             18°27.168′ N., 066°06.357′ W.; thence                   authorization. If authorization is                    Thirteenth Coast Guard District;
                                             northwest to Point 7 in position                        granted, all persons and vessels                      telephone 206–220–7282, email d13-pf-
                                             18°27.510′ N., 066°06.954′ W.; thence                   receiving such authorization must                     d13bridges@uscg.mil.
                                             northwest to Point 8 in position                        comply with the instructions of the                   SUPPLEMENTARY INFORMATION: The
                                             18°27.611′ N., 066°07.098′ W.; thence                   Captain of the Port San Juan or a                     Washington State Department of
                                             north to Point 9 in position 18°27.779′                 designated representative.                            Transportation (WSDOT) has requested
                                             N., 066°07.123′ W.; thence northwest to                    (5) The Coast Guard will provide                   that the SR 529 highway bridges, north
                                             point 10 in position 18°27.846′ N.,                     notice of the regulated areas by Local                bound and south bound, across the
                                             066°07.182′ W.; thence north to point 11                Notice to Mariners, Broadcast Notice to               Snohomish River and Steamboat Slough
                                             in position 18°27.924′ N., 066°07.190′                  Mariners, or by on-scene designated                   remain in the closed-to-navigation
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                                             W.; thence northwest to Point 12 in                     representatives.                                      position to facilitate safe, uninterrupted
                                             position 18°27.961′ N., 066°07.256′ W.;                    (d) Enforcement period. This rule will             roadway passage of participants of the
                                             thence southwest to Point 13 in position                be enforced with actual notice from 11                Everett Half Marathon. The SR 529
                                             18°27.952′ N., 066°07.312′ W.; thence                   a.m. until 4 p.m. on April 2, 2017,                   highway bridges over the Snohomish
                                             northwest to Point 14 in position                       unless sooner terminated by the Captain               River at mile 3.6 provides 37 feet of
                                             18°27.967′ N., 066°07.343′ W.; thence                   of the Port San Juan.                                 vertical clearance above mean high


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Document Created: 2017-03-31 01:38:07
Document Modified: 2017-03-31 01:38:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 11:00 a.m. through 4 p.m. on April 2, 2017.
ContactIf you have questions on this rule, call or email Mr. Efrain Lopez, Sector San Juan Prevention Department, Coast Guard; telephone (787) 289-2097, email [email protected]
FR Citation82 FR 15995 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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