82_FR_52223 82 FR 52007 - Safety Zone; Port of Ponce Turning Basin, Bahía de Ponce, Ponce, PR

82 FR 52007 - Safety Zone; Port of Ponce Turning Basin, Bahía de Ponce, Ponce, PR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 216 (November 9, 2017)

Page Range52007-52009
FR Document2017-24375

The Coast Guard is establishing a temporary safety zone for navigable waters within a 100 yard radius of the salvage vessel and associated machinery in the Turning Basin, Bahia De Ponce in Ponce, Puerto Rico (PR). The safety zone is needed to protect personnel, vessels, and the marine environments from potential hazards created by the salvage operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port San Juan.

Federal Register, Volume 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 52007-52009]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24375]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1034]
RIN 1625-AA00


Safety Zone; Port of Ponce Turning Basin, Bah[iacute]a de Ponce, 
Ponce, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 100 yard radius of the salvage vessel and 
associated machinery in the Turning Basin, Bahia De Ponce in Ponce, 
Puerto Rico (PR). The safety zone is needed to protect personnel, 
vessels, and the marine environments from potential hazards created by 
the salvage operations. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
San Juan.

DATES: This rule is effective without actual notice from November 9, 
2017 until 7 p.m. on November 12, 2017. For the purposes of 
enforcement, actual

[[Page 52008]]

notice will be used from 7 a.m. on November 5, 2017 until November 9, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1034 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, 
U.S. Coast Guard; telephone (787) 289-2097, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The 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 of a submerged vessel was located in 
Port of Ponce Turning Basin and immediate action is needed to respond 
to potential safety hazards associated with emergency salvage 
operations. It is impracticable to publish an NPRM because a safety 
zone must be established by November 5, 2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the same reasons 
discussed above. Delaying the effective date of this rule would be 
impracticable because immediate action is needed to respond to 
potential safety hazards associated with salvage operations in Port of 
Ponce Turning Basin.

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 San Juan (COTP) has determined that 
potential hazards associated with emergency salvage operations starting 
on November 5, 2017 through November 12, 2017, will be a safety concern 
for anyone within a 100-yard radius of the salvage vessel and 
associated machinery with the operation. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the obstructions are removed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. until 7 p.m. on 
November 5, 2017 through November 12, 2017. The safety zone will cover 
all navigable waters within 100 yards of vessels and associated 
machinery being used by personnel to clear the obstructions in Port of 
Ponce Turning Basin. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the operation is ongoing. No vessel or person will be 
permitted to enter the safety zone 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 zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Turning Basin in Ponce, PR for a 
short period time. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the COTP or a 
designated representative.

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 
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

[[Page 52009]]

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 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 
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 safety zone that will prohibit entry within 100 yards 
of vessels and associated machinery being used by personnel to remove 
an obstruction in the Port of Ponce. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. 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 record 
keeping 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; 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.T07-1034 to read as follows:


Sec.  165.T07-1034  Safety Zone; Port of Ponce Turning Basin, 
Bah[iacute]a de Ponce, Ponce, PR.

    (a) Location. The following area is a safety zone: All navigable 
waters within 100 yards of the salvage vessel and associated machinery 
operating in Port of Ponce Turning Basin, Ponce, PR in approximate 
position 17[deg]58'13.50'' N. 066[deg]37'10.92'' W.
    (b) Definition. As used in this section, the term ``designated 
representative'' includes Coast Guard coxswains, petty officers, and 
other officers operating Coast Guard vessels, and Federal, state, and 
local officers designated by or assisting the COTP San Juan in the 
enforcement of the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone unless authorized by the COTP San Juan or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the safety zone may contact the COTP San Juan by 
telephone at (787) 729-6800, option #4, or the Resident Inspection 
Office (RIO) Ponce at (787) 284-8423, 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 COTP San Juan or 
a designated representative.
    (d) Enforcement period. This rule will be enforced from 7 a.m. on 
November 5, 2017 through 7 a.m. on November 12, 2017, unless sooner 
terminated by the COTP San Juan.

    Dated: November 3, 2017.
Francisco S. Rego,
Captain, U.S. Coast Guard, Acting Captain of the Port San Juan.
[FR Doc. 2017-24375 Filed 11-8-17; 8:45 am]
BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                             52007

                                              effect on the States, on the relationship               G. Protest Activities                                 165 subpart C apply to the safety zone
                                              between the national government and                       The Coast Guard respects the First                  created by this section.
                                              the States, or on the distribution of                                                                            (1) Entry into or transiting within
                                                                                                      Amendment rights of protesters.
                                              power and responsibilities among the                                                                          either safety zone is prohibited unless
                                                                                                      Protesters are asked to contact the
                                              various levels of government. We have                                                                         vessels obtain permission from the
                                                                                                      person listed in the FOR FURTHER
                                              analyzed this rule under that Order and                                                                       Captain of the Port, via VHF–FM
                                                                                                      INFORMATION CONTACT section to
                                              have determined that it is consistent                                                                         channel 16. Vessels may also contact the
                                                                                                      coordinate protest activities so that your
                                              with the fundamental federalism                                                                               derrick barge HAAKON or platform
                                                                                                      message can be received without
                                              principles and preemption requirements                                                                        barge MANSON 76, via VHF–FM
                                                                                                      jeopardizing the safety or security of
                                              described in Executive Order 13132.                                                                           channel 13 or 68 in an emergency.
                                                                                                      people, places or vessels.
                                                                                                                                                               (2) Vessels granted permission to
                                                 Also, this rule does not have tribal
                                                                                                      List of Subjects in 33 CFR Part 165                   enter and transit the safety zone must do
                                              implications under Executive Order
                                                                                                        Harbors, Marine safety, Navigation                  so in accordance with any directions or
                                              13175, Consultation and Coordination                                                                          orders of the Captain of the Port, or his
                                              with Indian Tribal Governments,                         (water), Reporting and recordkeeping
                                                                                                      requirements, Security measures,                      designated representative. No person or
                                              because it does not have a substantial                                                                        vessel may enter or remain in a safety
                                              direct effect on one or more Indian                     Waterways.
                                                                                                                                                            zone without permission from the
                                              tribes, on the relationship between the                   For the reasons discussed in the                    Captain of the Port.
                                              Federal Government and Indian tribes,                   preamble, the Coast Guard amends 33                      (3) This section applies to all vessels
                                              or on the distribution of power and                     CFR part 165 as follows:                              that intend to transit through the safety
                                              responsibilities between the Federal                                                                          zone except vessels that are engaged in
                                              Government and Indian tribes. If you                    PART 165—REGULATED NAVIGATION
                                                                                                                                                            the following operations: Enforcement
                                              believe this rule has implications for                  AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                            of laws; service of aids to navigation,
                                              federalism or Indian tribes, please                                                                           and emergency response.
                                              contact the person listed in the FOR                    ■ 1. The authority citation for part 165
                                                                                                      continues to read as follows:                            (d) Enforcement periods. This section
                                              FURTHER INFORMATION CONTACT section                                                                           will be enforced from November 6,
                                              above.                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           2017, through February 28, 2017.
                                                                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation              Dated: November 3, 2017.
                                                                                                      No. 0170.1.                                           Scott E. Anderson,
                                                The Unfunded Mandates Reform Act                                                                            Captain, U.S. Coast Guard, Captain of the
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T05–1028, to read as
                                                                                                      follows:                                              Port, Delaware Bay.
                                              Federal agencies to assess the effects of                                                                     [FR Doc. 2017–24377 Filed 11–8–17; 8:45 am]
                                              their discretionary regulatory actions. In              § 165.T05–1028 Safety Zone; Atlantic                  BILLING CODE 9110–04–P
                                              particular, the Act addresses actions                   Ocean, Rehoboth Beach, DE.
                                              that may result in the expenditure by a                    (a) Location. The following area are
                                              State, local, or tribal government, in the              safety zones:                                         DEPARTMENT OF HOMELAND
                                              aggregate, or by the private sector of                     (1) Safety zone one includes all                   SECURITY
                                              $100,000,000 (adjusted for inflation) or                navigable waters within 150 yards of the
                                              more in any one year. Though this rule                  derrick barge HAAKON and associated                   Coast Guard
                                              will not result in such an expenditure,                 equipment operating in the Atlantic
                                              we do discuss the effects of this rule                  Ocean offshore of Rehoboth Beach, DE,                 33 CFR Part 165
                                              elsewhere in this preamble.                             at approximate location 38°43′43.79″ N.,              [Docket Number USCG–2017–1034]
                                              F. Environment                                          75°3′32.60″ W.
                                                                                                         (2) Safety zone two includes all                   RIN 1625–AA00
                                                We have analyzed this rule under                      navigable waters within 150 yards of the
                                                                                                                                                            Safety Zone; Port of Ponce Turning
                                              Department of Homeland Security                         platform barge MANSON 76 and all
                                                                                                                                                            Basin, Bahı́a de Ponce, Ponce, PR
                                              Management Directive 023–01 and                         associated equipment, to include
                                              Commandant Instruction M16475.lD,                       pipeline, operating in Breakwater                     AGENCY:    Coast Guard, DHS.
                                              which guide the Coast Guard in                          Harbor at approximate location                        ACTION:   Temporary final rule.
                                              complying with the National                             38°47′53.00″ N., 75°6′13.85″ W.
                                              Environmental Policy Act of 1969 (42                       (3) These coordinates are based on the             SUMMARY:   The Coast Guard is
                                              U.S.C. 4321–4370f), and have                            World Geodedic System 1984 (WGS 84)                   establishing a temporary safety zone for
                                              determined that this action is one of a                 horizontal datum reference.                           navigable waters within a 100 yard
                                              category of actions that do not                            (b) Definitions—(1) Captain of the                 radius of the salvage vessel and
                                              individually or cumulatively have a                     Port means the Commander Sector                       associated machinery in the Turning
                                              significant effect on the human                         Delaware Bay or any Coast Guard                       Basin, Bahia De Ponce in Ponce, Puerto
                                              environment. This rule involves safety                  commissioned, warrant, or petty officer               Rico (PR). The safety zone is needed to
                                              zones that encompass all navigable                      who has been authorized by the Captain                protect personnel, vessels, and the
                                              waters within 150 yards of dredging,                    of the Port to act on his behalf.                     marine environments from potential
                                              diving, construction operations and                        (2) Designated representative means                hazards created by the salvage
                                              associated equipment. It is categorically               any Coast Guard commissioned, warrant                 operations. Entry of vessels or persons
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                                              excluded from further review under                      or petty officer who has been authorized              into this zone is prohibited unless
                                              paragraph 34(g) of Figure 2–1 of the                    by the Captain of the Port, Delaware                  specifically authorized by the Captain of
                                              Commandant Instruction. A Record of                     Bay, to assist with the enforcement of                the Port San Juan.
                                              Environmental Consideration                             safety zones described in paragraph (a)               DATES: This rule is effective without
                                              supporting this determination is                        of this section.                                      actual notice from November 9, 2017
                                              available in the docket where indicated                    (c) Regulations. The general safety                until 7 p.m. on November 12, 2017. For
                                              under ADDRESSES.                                        zone regulations found in 33 CFR part                 the purposes of enforcement, actual


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                                              52008            Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

                                              notice will be used from 7 a.m. on                      Captain of the Port San Juan (COTP) has               by the COTP or a designated
                                              November 5, 2017 until November 9,                      determined that potential hazards                     representative.
                                              2017.                                                   associated with emergency salvage
                                                                                                                                                            B. Impact on Small Entities
                                              ADDRESSES: To view documents                            operations starting on November 5, 2017
                                                                                                      through November 12, 2017, will be a                     The Regulatory Flexibility Act of
                                              mentioned in this preamble as being
                                                                                                      safety concern for anyone within a 100-               1980, 5 U.S.C. 601–612, as amended,
                                              available in the docket, go to http://
                                                                                                      yard radius of the salvage vessel and                 requires Federal agencies to consider
                                              www.regulations.gov, type USCG–2017–
                                                                                                      associated machinery with the                         the potential impact of regulations on
                                              1034 in the ‘‘SEARCH’’ box and click
                                              ‘‘SEARCH.’’ Click on Open Docket                        operation. This rule is needed to protect             small entities during rulemaking. The
                                              Folder on the line associated with this                 personnel, vessels, and the marine                    term ‘‘small entities’’ comprises small
                                              rule.                                                   environment in the navigable waters                   businesses, not-for-profit organizations
                                                                                                      within the safety zone while the                      that are independently owned and
                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                      obstructions are removed.                             operated and are not dominant in their
                                              you have questions on this rule, call or
                                                                                                                                                            fields, and governmental jurisdictions
                                              email Mr. Efrain Lopez, Sector San Juan                 IV. Discussion of the Rule                            with populations of less than 50,000.
                                              Prevention Department, U.S. Coast                          This rule establishes a safety zone                The Coast Guard certifies under 5 U.S.C.
                                              Guard; telephone (787) 289–2097, email                  from 7 a.m. until 7 p.m. on November                  605(b) that this rule will not have a
                                              Efrain.Lopez1@uscg.mil.                                 5, 2017 through November 12, 2017.                    significant economic impact on a
                                              SUPPLEMENTARY INFORMATION:                              The safety zone will cover all navigable              substantial number of small entities.
                                              I. Table of Acronyms                                    waters within 100 yards of vessels and                   While some owners or operators of
                                                                                                      associated machinery being used by                    vessels intending to transit the safety
                                              CFR Code of Federal Regulations                         personnel to clear the obstructions in
                                              DHS Department of Homeland Security
                                                                                                                                                            zone may be small entities, for the
                                              FR Federal Register                                     Port of Ponce Turning Basin. The                      reasons stated in section V.A above, this
                                              NPRM Notice of proposed rulemaking                      duration of the zone is intended to                   rule will not have a significant
                                              § Section                                               protect personnel, vessels, and the                   economic impact on any vessel owner
                                              U.S.C. United States Code                               marine environment in these navigable                 or operator.
                                                                                                      waters while the operation is ongoing.                   Under section 213(a) of the Small
                                              II. Background Information and
                                                                                                      No vessel or person will be permitted to              Business Regulatory Enforcement
                                              Regulatory History
                                                                                                      enter the safety zone without obtaining               Fairness Act of 1996 (Pub. L. 104–121),
                                                 The Coast Guard is issuing this                      permission from the COTP or a                         we want to assist small entities in
                                              temporary rule without prior notice and                 designated representative.                            understanding this rule. If the rule
                                              opportunity to comment pursuant to                                                                            would affect your small business,
                                              authority under section 4(a) of the                     V. Regulatory Analyses
                                                                                                                                                            organization, or governmental
                                              Administrative Procedure Act (APA) (5                     We developed this rule after                        jurisdiction and you have questions
                                              U.S.C. 553(b)). This provision                          considering numerous statutes and                     concerning its provisions or options for
                                              authorizes an agency to issue a rule                    Executive orders related to rulemaking.               compliance, please contact the person
                                              without prior notice and opportunity to                 Below we summarize our analyses                       listed in the FOR FURTHER INFORMATION
                                              comment when the agency for good                        based on a number of these statutes and               CONTACT section.
                                              cause finds that those procedures are                   Executive orders, and we discuss First                   Small businesses may send comments
                                              ‘‘impracticable, unnecessary, or contrary               Amendment rights of protestors.                       on the actions of Federal employees
                                              to the public interest.’’ Under 5 U.S.C.                                                                      who enforce, or otherwise determine
                                                                                                      A. Regulatory Planning and Review
                                              553(b)(B), the Coast Guard finds that                                                                         compliance with, Federal regulations to
                                              good cause exists for not publishing a                     Executive Orders 12866 and 13563                   the Small Business and Agriculture
                                              notice of proposed rulemaking (NPRM)                    direct agencies to assess the costs and               Regulatory Enforcement Ombudsman
                                              with respect to this rule because of a                  benefits of available regulatory                      and the Regional Small Business
                                              submerged vessel was located in Port of                 alternatives and, if regulation is                    Regulatory Fairness Boards. The
                                              Ponce Turning Basin and immediate                       necessary, to select regulatory                       Ombudsman evaluates these actions
                                              action is needed to respond to potential                approaches that maximize net benefits.                annually and rates each agency’s
                                              safety hazards associated with                          Executive Order 13771 directs agencies                responsiveness to small business. If you
                                              emergency salvage operations. It is                     to control regulatory costs through a                 wish to comment on actions by
                                              impracticable to publish an NPRM                        budgeting process. This rule has not                  employees of the Coast Guard, call 1–
                                              because a safety zone must be                           been designated a ‘‘significant                       888–REG–FAIR (1–888–734–3247). The
                                              established by November 5, 2017.                        regulatory action,’’ under Executive                  Coast Guard will not retaliate against
                                                 We are issuing this rule, and under 5                Order 12866. Accordingly, this rule has               small entities that question or complain
                                              U.S.C. 553(d)(3), the Coast Guard finds                 not been reviewed by the Office of                    about this rule or any policy or action
                                              that good cause exists for making it                    Management and Budget (OMB), and                      of the Coast Guard.
                                              effective less than 30 days after                       pursuant to OMB guidance it is exempt
                                              publication in the Federal Register for                 from the requirements of Executive                    C. Collection of Information
                                              the same reasons discussed above.                       Order 13771.                                            This rule will not call for a new
                                              Delaying the effective date of this rule                   This regulatory action determination               collection of information under the
                                              would be impracticable because                          is based on the size, location, and                   Paperwork Reduction Act of 1995 (44
                                              immediate action is needed to respond                   duration of the safety zone. The majority             U.S.C. 3501–3520).
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                                              to potential safety hazards associated                  of vessel traffic will be able to safely
                                                                                                      transit around the safety zone, which                 D. Federalism and Indian Tribal
                                              with salvage operations in Port of Ponce
                                                                                                      will impact only a portion of the                     Governments
                                              Turning Basin.
                                                                                                      Turning Basin in Ponce, PR for a short                   A rule has implications for federalism
                                              III. Legal Authority and Need for Rule                  period time. Under certain conditions,                under Executive Order 13132,
                                                 The Coast Guard is issuing this rule                 moreover, vessels may still transit                   Federalism, if it has a substantial direct
                                              under authority in 33 U.S.C. 1231. The                  through the safety zone when permitted                effect on the States, on the relationship


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                                                               Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                             52009

                                              between the national government and                     G. Protest Activities                                   (d) Enforcement period. This rule will
                                              the States, or on the distribution of                     The Coast Guard respects the First                  be enforced from 7 a.m. on November 5,
                                              power and responsibilities among the                    Amendment rights of protesters.                       2017 through 7 a.m. on November 12,
                                              various levels of government. We have                   Protesters are asked to contact the                   2017, unless sooner terminated by the
                                              analyzed this rule under that Order and                 person listed in the FOR FURTHER                      COTP San Juan.
                                              have determined that it is consistent                   INFORMATION CONTACT section to                           Dated: November 3, 2017.
                                              with the fundamental federalism                         coordinate protest activities so that your            Francisco S. Rego,
                                              principles and preemption requirements                  message can be received without                       Captain, U.S. Coast Guard, Acting Captain
                                              described in Executive Order 13132.                     jeopardizing the safety or security of                of the Port San Juan.
                                                 Also, this rule does not have tribal                 people, places or vessels.                            [FR Doc. 2017–24375 Filed 11–8–17; 8:45 am]
                                              implications under Executive Order                      List of Subjects in 33 CFR Part 165                   BILLING CODE 9110–04–P
                                              13175, Consultation and Coordination                      Harbors, Marine safety, Navigation
                                              with Indian Tribal Governments,                         (water), Reporting and record keeping
                                              because it does not have a substantial                  requirements, Security measures,                      DEPARTMENT OF THE INTERIOR
                                              direct effect on one or more Indian                     Waterways.
                                              tribes, on the relationship between the                                                                       Fish and Wildlife Service
                                                                                                        For the reasons discussed in the
                                              Federal Government and Indian tribes,                   preamble, the Coast Guard amends 33
                                              or on the distribution of power and                                                                           50 CFR Parts 32 and 36
                                                                                                      CFR part 165 as follows:
                                              responsibilities between the Federal                                                                          [Docket No. FWS–R7–NWRS–2014–0005;
                                              Government and Indian tribes. If you                    PART 165—REGULATED NAVIGATION                         FF07R00000 FXRS12610700000 178
                                              believe this rule has implications for                  AREAS AND LIMITED ACCESS AREAS                        Obligation # 4500093321]
                                              federalism or Indian tribes, please                                                                           RIN 1018–BA31
                                              contact the person listed in the FOR                    ■ 1. The authority citation for Part 165
                                              FURTHER INFORMATION CONTACT section                     continues to read as follows:                         Effectuating Congressional
                                              above.                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Nullification of the Non-Subsistence
                                                                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Take of Wildlife, and Public
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation            Participation and Closure Procedures,
                                                                                                      No. 0170.1.
                                                The Unfunded Mandates Reform Act                                                                            on National Wildlife Refuges in Alaska
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T07–1034 to read as                    Under the Congressional Review Act
                                              Federal agencies to assess the effects of               follows:
                                                                                                                                                            AGENCY:   Fish and Wildlife Service,
                                              their discretionary regulatory actions. In              § 165.T07–1034 Safety Zone; Port of Ponce             Interior.
                                              particular, the Act addresses actions                   Turning Basin, Bahı́a de Ponce, Ponce, PR.
                                                                                                                                                            ACTION: Final rule; CRA revocation.
                                              that may result in the expenditure by a                    (a) Location. The following area is a
                                              State, local, or tribal government, in the              safety zone: All navigable waters within              SUMMARY:    By operation of the
                                              aggregate, or by the private sector of                  100 yards of the salvage vessel and                   Congressional Review Act (CRA), the
                                              $100,000,000 (adjusted for inflation) or                associated machinery operating in Port                ‘‘Non-subsistence Take of Wildlife, and
                                              more in any one year. Though this rule                  of Ponce Turning Basin, Ponce, PR in                  Public Participation and Closure
                                              will not result in such an expenditure,                 approximate position 17°58′13.50″ N.                  Procedures, on National Wildlife
                                              we do discuss the effects of this rule                  066°37′10.92″ W.                                      Refuges in Alaska’’ (non-subsistence
                                              elsewhere in this preamble.                                (b) Definition. As used in this section,           take of wildlife rule) shall be treated as
                                                                                                      the term ‘‘designated representative’’                if it had never taken effect. The U.S.
                                              F. Environment                                          includes Coast Guard coxswains, petty                 Fish and Wildlife Service issues this
                                                We have analyzed this rule under                      officers, and other officers operating                document to effect the removal of any
                                              Department of Homeland Security                         Coast Guard vessels, and Federal, state,              amendments, deletions, or other
                                              Management Directive 023–01 and                         and local officers designated by or                   modifications made by the nullified rule
                                              Commandant Instruction M16475.lD,                       assisting the COTP San Juan in the                    and the reversion to the text of the
                                                                                                      enforcement of the safety zone.                       regulations in effect immediately prior
                                              which guide the Coast Guard in
                                                                                                         (c) Regulations. (1) All persons and               to the effective date of the non-
                                              complying with the National                             vessels are prohibited from entering,
                                              Environmental Policy Act of 1969 (42                                                                          subsistence take of wildlife rule.
                                                                                                      transiting through, anchoring in, or                  DATES: This rule is effective November
                                              U.S.C. 4321–4370f), and have                            remaining within the safety zone unless
                                              determined that this action is one of a                                                                       9, 2017.
                                                                                                      authorized by the COTP San Juan or a
                                              category of actions that do not                                                                               ADDRESSES: Previous documents related
                                                                                                      designated representative.
                                              individually or cumulatively have a                        (2) Persons and vessels desiring to                to the Non-subsistence Take of Wildlife,
                                              significant effect on the human                         enter, transit through, anchor in, or                 and Public Participation and Closure
                                              environment. This rule involves a safety                remain within the safety zone may                     Procedures, on National Wildlife
                                              zone that will prohibit entry within 100                contact the COTP San Juan by telephone                Refuges in Alaska rule (non-subsistence
                                              yards of vessels and associated                         at (787) 729–6800, option #4, or the                  take of wildlife rule) of August 5, 2016
                                              machinery being used by personnel to                    Resident Inspection Office (RIO) Ponce                (81 FR 52248), may be found on the
                                              remove an obstruction in the Port of                    at (787) 284–8423, or a designated                    internet at www.regulations.gov in
                                                                                                                                                            Docket No. FWS–R7–NWRS–2014–
nshattuck on DSK9F9SC42PROD with RULES




                                              Ponce. It is categorically excluded from                representative via VHF–FM radio on
                                              further review under paragraph 34(g) of                 channel 16 to request authorization. If               0005.
                                              Figure 2–1 of the Commandant                            authorization is granted, all persons and             FOR FURTHER INFORMATION CONTACT:
                                              Instruction. A Record of Environmental                  vessels receiving such authorization                  Stephanie Brady, Chief of Conservation
                                              Consideration supporting this                           must comply with the instructions of                  Planning and Policy, National Wildlife
                                              determination is available in the docket                the COTP San Juan or a designated                     Refuge System, Alaska Regional Office,
                                              where indicated under ADDRESSES.                        representative.                                       1011 E. Tudor Rd., Mail Stop 211,


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Document Created: 2018-10-25 10:30:25
Document Modified: 2018-10-25 10:30:25
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 without actual notice from November 9, 2017 until 7 p.m. on November 12, 2017. For the purposes of enforcement, actual notice will be used from 7 a.m. on November 5, 2017 until November 9, 2017.
ContactIf you have questions on this rule, call or email Mr. Efrain Lopez, Sector San Juan Prevention Department, U.S. Coast Guard; telephone (787) 289-2097, email [email protected]
FR Citation82 FR 52007 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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