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