[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.

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

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

[[Page 52008]]

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1034 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because of a submerged vessel was located in 
Port of Ponce Turning Basin and immediate action is needed to respond 
to potential safety hazards associated with emergency salvage 
operations. It is impracticable to publish an NPRM because a safety 
zone must be established by November 5, 2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the same reasons 
discussed above. Delaying the effective date of this rule would be 
impracticable because immediate action is needed to respond to 
potential safety hazards associated with salvage operations in Port of 
Ponce Turning Basin.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port San Juan (COTP) has determined that 
potential hazards associated with emergency salvage operations starting 
on November 5, 2017 through November 12, 2017, will be a safety concern 
for anyone within a 100-yard radius of the salvage vessel and 
associated machinery with the operation. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the obstructions are removed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. until 7 p.m. on 
November 5, 2017 through November 12, 2017. The safety zone will cover 
all navigable waters within 100 yards of vessels and associated 
machinery being used by personnel to clear the obstructions in Port of 
Ponce Turning Basin. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the operation is ongoing. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Turning Basin in Ponce, PR for a 
short period time. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the COTP or a 
designated representative.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship

[[Page 52009]]

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that will prohibit entry within 100 yards 
of vessels and associated machinery being used by personnel to remove 
an obstruction in the Port of Ponce. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T07-1034 to read as follows:


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

    (a) Location. The following area is a safety zone: All navigable 
waters within 100 yards of the salvage vessel and associated machinery 
operating in Port of Ponce Turning Basin, Ponce, PR in approximate 
position 17[deg]58'13.50'' N. 066[deg]37'10.92'' W.
    (b) Definition. As used in this section, the term ``designated 
representative'' includes Coast Guard coxswains, petty officers, and 
other officers operating Coast Guard vessels, and Federal, state, and 
local officers designated by or assisting the COTP San Juan in the 
enforcement of the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone unless authorized by the COTP San Juan or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the safety zone may contact the COTP San Juan by 
telephone at (787) 729-6800, option #4, or the Resident Inspection 
Office (RIO) Ponce at (787) 284-8423, or a designated representative 
via VHF-FM radio on channel 16 to request authorization. If 
authorization is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP San Juan or 
a designated representative.
    (d) Enforcement period. This rule will be enforced from 7 a.m. on 
November 5, 2017 through 7 a.m. on November 12, 2017, unless sooner 
terminated by the COTP San Juan.

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