Safety Zone; Bahia de Ponce, Ponce, PR, 86741-86743 [2024-25367]
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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
establishment of a temporary moving
safety zone for navigable waters of the
Corpus Christi and La Quinta Shipping
Channel beginning at the sea buoy to
Kiewit Offshore Services. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by
module loadout operations. It is
categorically excluded from further
review under paragraph L60(a), in
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
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.
lotter on DSK11XQN23PROD with RULES1
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:
■
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16:20 Oct 30, 2024
Jkt 265001
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0967 to read as
follows:
86741
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
§ 165.T08–0967 Safety Zone; Corpus
Christi Ship Channel, Corpus Christi, TX.
(a) Location. The following area is a
safety zone: All navigable waters of the
La Quinta Ship Channel, from the
surface to bottom, between the Jewell
Fulton Channel and La Quinta Channel
Day Beacon 13, encompassed by a line
connecting the following points
beginning at Point 1: 27°51′31.7″ N,
97°14′28.4″ W, thence to Point 2:
27°51′24.0″ N, 97°14′43.6″ W, thence to
Point 3: 27°50′28.9″ N, 97°14′12.7″ W,
thence to Point 4: 27°50′42.2″ N,
97°13′47.6″ W. These coordinates are
based on World Geodetic System (WGS)
84.
(b) Enforcement period. This section
will be subject to enforcement from 5
a.m. to 8 p.m. each day in the period,
from October 28, 2024, through
November 4, 2024.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Corpus Christ (COTP) or the
COTP’s designated representative. They
may be contacted on Channel 16 VHF–
FM (156.8 MHz) or by telephone at 361–
939–0450.
(2) If permission is granted, all
persons and vessels must comply with
all lawful orders and directions of the
COTP or the COTP’s designated
representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Safety Marine Information Broadcasts,
and Channel 16 VHF–FM.
(e) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the COTP
Corpus Christi in the enforcement of the
safety zone.
Dated: October 25, 2024.
T.H. Bertheau,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2024–25364 Filed 10–30–24; 8:45 am]
BILLING CODE 9110–04–P
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33 CFR Part 165
[Docket Number USCG–2024–0923]
RIN 1625–AA00
Safety Zone; Bahia de Ponce, Ponce,
PR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters within Bahia de
Ponce, Ponce, PR during the Discover
the Caribbean Regatta event. The safety
zone is necessary to ensure the safety of
event participants and vessels during
the event. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) San Juan or a
designated representative.
DATES: This rule is effective from 9 a.m.
until 3 p.m. daily on November 1, 2024,
through November 11, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0923 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email Lieutenant Commander Carlos M.
Ortega-Perez, Sector San Juan,
Waterways Management Division, U.S.
Coast Guard; telephone 787–729–2380;
email Carlos.M.Ortega-Perez@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
COTP Captain of the Port
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 under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
E:\FR\FM\31OCR1.SGM
31OCR1
86742
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard was
recently notified that the number of
expected participants in this event
increased, raising the need for public
safety to be mitigated with a safety zone
for the event. We must establish the
safety zone by November 01, 2024, and
lack sufficient time to provide for a
reasonable comment period and then
consider those comments before issuing
this rule.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to ensure the safety of the
participants and vessels during the
regatta event.
lotter on DSK11XQN23PROD with RULES1
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector San Juan
(COTP) has determined that potential
hazards associated with the anticipated
increase of participants at the regatta
event will be a safety concern for
persons and vessels in the regulated
area. This rule is needed to ensure the
safety of the event participants, the
general public, vessels and the marine
environment in the navigable waters
within the safety zone during the regatta
event.
IV. Discussion of the Rule
This rule establishes a safety zone on
certain waters of Bahia de Ponce, PR
from 9 a.m. until 3 p.m. daily on
November 01, 2024, through November
11, 2024, during the regatta event. The
safety zone will cover all navigable
waters of the Bahia de Ponce within the
following points beginning at Point 1 at
17°58′17.05″ N, ¥66°37′28.42″ W,
thence north to Point 2 at 17°58′36.69″
N, ¥66°37′25.53″ W, thence west to
Point 3 at 17°58′34.22″ N, ¥66°39′6.06″
W, thence southwest to Point 4 at
17°58′19.80″ N, ¥66°39′16.43″ W, and
along the shoreline back to the
beginning Point 1 for the Race Area 1.
Race Area 2 encompass a 1,200 yards
radius from 17°57′2.56″ N,
¥66°36′56.99″ W.
No person or vessel will be permitted
to enter, transit through, anchor in, or
remain within the safety zone without
first obtaining permission from the
COTP or a designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP or a
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16:20 Oct 30, 2024
Jkt 265001
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP or a designated
representative. The Coast Guard will
provide notice of the safety zone by
Broadcast Notice to Mariners, and/or by
on-scene designated representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on following reasons: (1) The
temporary safety zone will only be
enforced for a total of 6 hours per day,
for 10 consecutive days; (2) although
persons and vessels may not enter,
transit through, anchor in, or remain
within the safety zone without
authorization from the COTP or a
designated representative, they may
operate in the surrounding area during
the enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the areas
during the enforcement period if
authorized 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
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Fmt 4700
Sfmt 4700
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
E:\FR\FM\31OCR1.SGM
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 within Bahia de Ponce, Ponce, PR
lasting the duration of the marine event,
only 10 days, and thus limited in time
and scope. This safety zone will
prohibit entry while in effect. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
lotter on DSK11XQN23PROD with RULES1
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 165 as follows:
VerDate Sep<11>2014
16:20 Oct 30, 2024
Jkt 265001
86743
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
daily on November 1, 2024, through
November 11, 2024.
1. The authority citation for part 165
continues to read as follows:
Luis J. Rodrı́guez,
Captain, U. S. Coast Guard, Captain of the
Port San Juan.
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
[FR Doc. 2024–25367 Filed 10–30–24; 8:45 am]
■
2. Add § 165.T07–0840 to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T07–0840 Safety Zone; Discover the
Caribbean Regatta, Bahia de Ponce, Ponce,
PR.
40 CFR Part 1, 21, 59, 60, 61, 63, 65,
147, 374, 707, and 763
(a) Location. The following area is a
safety zone: All waters of the Bahia de
Ponce, from surface to bottom,
encompassed within the following
points beginning at Point 1 at
17″58′17.05″ N, ¥66″37′28.42″ W,
thence north to Point 2 at 17″58′36.69″
N, ¥66″37′25.53″ W, thence west to
Point 3 at 17″58′34.22″ N, ¥66″39′6.06″
W, thence southwest to Point 4 at
17″58′19.80″ N, ¥66″39′16.43″ W and
along the shoreline back to the
beginning Point 1 for the Race Area 1.
Race Area 2 encompass a 1,200 yards
radius from 17″57′2.56″ N,
¥66″36′56.99″ W.
(b) Definitions. As used in this
section, the term ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel
and a Federal, State, and local officer
designated by or assisting the Captain of
the Port (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 regulated area
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 regulated area may
contact the COTP San Juan by telephone
at (787) 729–2380, 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.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners via VHF–FM channel 16, or
the COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 9 a.m. until 3 p.m.
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BILLING CODE 9110–04–P
[EPA–R04–OAR–2023–0519; FRL–12260–
01–R4]
Regional Office Address
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendments.
AGENCY:
The Environmental Protection
Agency (EPA) is amending its
regulations to reflect a change in
address and organization names for
EPA’s Region 4 office. This action is
editorial in nature and is intended to
provide accuracy and clarity to EPA’s
regulations.
DATES: This final rule is effective
October 31, 2024.
ADDRESSES: EPA Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. LaRocca can be reached via
electronic mail at larocca.sarah@
epa.gov or via telephone at (404) 562–
8994.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background and Purpose
EPA is amending its regulations in
title 40 of the Code of Federal
Regulations (CFR), parts 1, 21, 59, 60,
61, 63, 65, 147, 374, 707, and 763, to
reflect a change in the mailing address
for EPA’s Region 4 office. This technical
amendment merely updates and corrects
the address for the Region 4 office and
does not otherwise impose or amend
any requirements.1
Pursuant to 5 U.S.C. 553(b)(B) of the
Administrative Procedure Act (APA),
1 This amendment also updates and corrects the
addresses for the Georgia Department of Natural
Resources and North Carolina Department of
Environmental Quality in 40 CFR 147.550(a) and
147.1700(a), respectively, because those rules also
contain an incorrect address for EPA’s Region 4
office.
E:\FR\FM\31OCR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Rules and Regulations]
[Pages 86741-86743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25367]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0923]
RIN 1625-AA00
Safety Zone; Bahia de Ponce, Ponce, PR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters within Bahia de Ponce, Ponce, PR during the Discover
the Caribbean Regatta event. The safety zone is necessary to ensure the
safety of event participants and vessels during the event. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) San Juan or a designated
representative.
DATES: This rule is effective from 9 a.m. until 3 p.m. daily on
November 1, 2024, through November 11, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0923 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Carlos M. Ortega-Perez, Sector San
Juan, Waterways Management Division, U.S. Coast Guard; telephone 787-
729-2380; email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that
[[Page 86742]]
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. The Coast
Guard was recently notified that the number of expected participants in
this event increased, raising the need for public safety to be
mitigated with a safety zone for the event. We must establish the
safety zone by November 01, 2024, and lack sufficient time to provide
for a reasonable comment period and then consider those comments before
issuing this rule.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to ensure the safety of the participants and vessels
during the regatta event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Juan (COTP) has determined
that potential hazards associated with the anticipated increase of
participants at the regatta event will be a safety concern for persons
and vessels in the regulated area. This rule is needed to ensure the
safety of the event participants, the general public, vessels and the
marine environment in the navigable waters within the safety zone
during the regatta event.
IV. Discussion of the Rule
This rule establishes a safety zone on certain waters of Bahia de
Ponce, PR from 9 a.m. until 3 p.m. daily on November 01, 2024, through
November 11, 2024, during the regatta event. The safety zone will cover
all navigable waters of the Bahia de Ponce within the following points
beginning at Point 1 at 17[deg]58'17.05'' N, -66[deg]37'28.42'' W,
thence north to Point 2 at 17[deg]58'36.69'' N, -66[deg]37'25.53'' W,
thence west to Point 3 at 17[deg]58'34.22'' N, -66[deg]39'6.06'' W,
thence southwest to Point 4 at 17[deg]58'19.80'' N, -66[deg]39'16.43''
W, and along the shoreline back to the beginning Point 1 for the Race
Area 1. Race Area 2 encompass a 1,200 yards radius from
17[deg]57'2.56'' N, -66[deg]36'56.99'' W.
No person or vessel will be permitted to enter, transit through,
anchor in, or remain within the safety zone without first obtaining
permission from the COTP or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the COTP or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the COTP or a designated representative. The Coast
Guard will provide notice of the safety zone by Broadcast Notice to
Mariners, and/or by on-scene designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on following reasons:
(1) The temporary safety zone will only be enforced for a total of 6
hours per day, for 10 consecutive days; (2) although persons and
vessels may not enter, transit through, anchor in, or remain within the
safety zone without authorization from the COTP or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the areas during the enforcement
period if authorized 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
[[Page 86743]]
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 within Bahia de Ponce, Ponce, PR lasting the duration of
the marine event, only 10 days, and thus limited in time and scope.
This safety zone will prohibit entry while in effect. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0840 to read as follows:
Sec. 165.T07-0840 Safety Zone; Discover the Caribbean Regatta, Bahia
de Ponce, Ponce, PR.
(a) Location. The following area is a safety zone: All waters of
the Bahia de Ponce, from surface to bottom, encompassed within the
following points beginning at Point 1 at 17''58'17.05'' N, -
66''37'28.42'' W, thence north to Point 2 at 17''58'36.69'' N, -
66''37'25.53'' W, thence west to Point 3 at 17''58'34.22'' N, -
66''39'6.06'' W, thence southwest to Point 4 at 17''58'19.80'' N, -
66''39'16.43'' W and along the shoreline back to the beginning Point 1
for the Race Area 1. Race Area 2 encompass a 1,200 yards radius from
17''57'2.56'' N, -66''36'56.99'' W.
(b) Definitions. As used in this section, the term ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (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
regulated area 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 regulated area may contact the COTP San Juan
by telephone at (787) 729-2380, 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.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 9 a.m.
until 3 p.m. daily on November 1, 2024, through November 11, 2024.
Luis J. Rodr[iacute]guez,
Captain, U. S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2024-25367 Filed 10-30-24; 8:45 am]
BILLING CODE 9110-04-P
