[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Rules and Regulations]
[Pages 15995-15997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06351]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0255 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Efrain Lopez, Sector San Juan Prevention Department, 
Coast Guard; telephone (787) 289-2097, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive the 
required event documentation until March 22, 2017, leaving insufficient 
time before the event to publish an NPRM and to receive public comment 
in order to complete the rulemaking process. For that reason, it would 
be impracticable to publish an NPRM.
    For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this rule effective less 
than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

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

[[Page 15996]]

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

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
special local regulation may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulation that will prohibit non-
participant persons and vessels from entering, transiting through, 
anchoring in, or remaining within a limited race area and will also 
prohibit persons and vessels from transiting at more than wake speed 
within a limited spectator area during a race event lasting five hours. 
This rule is categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 15997]]

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.


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


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

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

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