Safety Zone; Port of Ponce Turning Basin, Bahía de Ponce, Ponce, PR, 52007-52009 [2017-24375]

Download as PDF Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. nshattuck on DSK9F9SC42PROD with RULES 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 safety zones that encompass all navigable waters within 150 yards of dredging, diving, construction operations and associated equipment. 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. VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. 2. Add § 165.T05–1028, to read as follows: ■ 52007 165 subpart C apply to the safety zone created by this section. (1) Entry into or transiting within either safety zone is prohibited unless vessels obtain permission from the Captain of the Port, via VHF–FM channel 16. Vessels may also contact the derrick barge HAAKON or platform barge MANSON 76, via VHF–FM channel 13 or 68 in an emergency. (2) Vessels granted permission to enter and transit the safety zone must do so in accordance with any directions or orders of the Captain of the Port, or his designated representative. No person or vessel may enter or remain in a safety zone without permission from the Captain of the Port. (3) This section applies to all vessels that intend to transit through the safety zone except vessels that are engaged in the following operations: Enforcement of laws; service of aids to navigation, and emergency response. (d) Enforcement periods. This section will be enforced from November 6, 2017, through February 28, 2017. Dated: November 3, 2017. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2017–24377 Filed 11–8–17; 8:45 am] § 165.T05–1028 Safety Zone; Atlantic Ocean, Rehoboth Beach, DE. (a) Location. The following area are safety zones: (1) Safety zone one includes all navigable waters within 150 yards of the derrick barge HAAKON and associated equipment operating in the Atlantic Ocean offshore of Rehoboth Beach, DE, at approximate location 38°43′43.79″ N., 75°3′32.60″ W. (2) Safety zone two includes all navigable waters within 150 yards of the platform barge MANSON 76 and all associated equipment, to include pipeline, operating in Breakwater Harbor at approximate location 38°47′53.00″ N., 75°6′13.85″ W. (3) These coordinates are based on the World Geodedic System 1984 (WGS 84) horizontal datum reference. (b) Definitions—(1) Captain of the Port means the Commander Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf. (2) Designated representative means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Delaware Bay, to assist with the enforcement of safety zones described in paragraph (a) of this section. (c) Regulations. The general safety zone regulations found in 33 CFR part PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 BILLING CODE 9110–04–P 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, Bahıa de Ponce, Ponce, PR Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 SUMMARY: E:\FR\FM\09NOR1.SGM 09NOR1 52008 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 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 Efrain.Lopez1@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Acronyms nshattuck on DSK9F9SC42PROD with RULES CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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 VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 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 100yard 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 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. nshattuck on DSK9F9SC42PROD with RULES 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. VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 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 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. 2. Add § 165.T07–1034 to read as follows: ■ § 165.T07–1034 Safety Zone; Port of Ponce ´ Turning Basin, Bahıa 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°58′13.50″ N. 066°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. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 52009 (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 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 32 and 36 [Docket No. FWS–R7–NWRS–2014–0005; FF07R00000 FXRS12610700000 178 Obligation # 4500093321] RIN 1018–BA31 Effectuating Congressional Nullification of the Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska Under the Congressional Review Act Fish and Wildlife Service, Interior. ACTION: Final rule; CRA revocation. AGENCY: By operation of the Congressional Review Act (CRA), the ‘‘Non-subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska’’ (non-subsistence take of wildlife rule) shall be treated as if it had never taken effect. The U.S. Fish and Wildlife Service issues this document to effect the removal of any amendments, deletions, or other modifications made by the nullified rule and the reversion to the text of the regulations in effect immediately prior to the effective date of the nonsubsistence take of wildlife rule. DATES: This rule is effective November 9, 2017. ADDRESSES: Previous documents related to the Non-subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska rule (non-subsistence take of wildlife rule) of August 5, 2016 (81 FR 52248), may be found on the internet at www.regulations.gov in Docket No. FWS–R7–NWRS–2014– 0005. SUMMARY: FOR FURTHER INFORMATION CONTACT: Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 52007-52009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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 
Efrain.Lopez1@uscg.mil.

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