[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36815-36817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16232]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0653]
RIN 1625-AA00


Safety Zone; Bahia De San Juan, San Juan, 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 Bajo San Agustin of San Juan Harbor. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by an anticipated increase 
in vessel traffic due

[[Page 36816]]

to unplanned and unpublished maritime events. Entry of vessels or 
persons into this zone, either from adjacent waters or from the 
shoreline, is prohibited unless specifically authorized by the Captain 
of the Port San Juan.

DATES: This rule is effective without actual notice from July 30, 2019 
through 12:00 a.m. on August 3, 2019. For purposes of enforcement, 
actual notice will be used from 12:00 p.m. on July 25, 2019 through 
July 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0653 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 any questions concerning 
this rule, please call or email LCDR Pedro Mendoza, Sector San Juan 
Prevention Department, Waterways Management Division, U.S. Coast Guard; 
telephone 787-729-2374, 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

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 
necessary information regarding planned maritime events with enough 
time to publish a NPRM. Coast Guard received notice of an anticipated 
increase in vessel traffic scheduled near Bajo San Agustin with less 
than 24 hours' notice. Immediate action is needed to respond to the 
potential safety hazards associated with these activities. This 
temporary rule is necessary to provide for the safety of potential 
participants, spectators, and other vessels navigating the surrounding 
waterways.
    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 impracticable because the anticipated increase in 
vessel activity is expected to occur from July 25, 2019 to August 3, 
2019 and immediate action is needed to respond to the potential safety 
hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Juan 
(COTP) has determined that potential hazards associated with increased 
vessel traffic and activities starting July 25, 2019, will be a safety 
concern for anyone within Bajo San Agustin of San Juan Harbor. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during an 
anticipated increase in vessel traffic due to unplanned and unpublished 
maritime events.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:00 p.m. on July 25, 
2019 through 12:00 a.m. on August 3, 2019. The safety zone will cover 
all navigable waters within Baja San Agustin. The size of the zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters while increased vessel activities remain in 
effect. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. Additionally, no vessel or person will be permitted to 
enter the safety zone from the shoreline 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 expected size, 
location and available exceptions to the enforcement of the safety 
zone. The regulated area will impact small designated areas within 
Bahia de San Juan and thus is limited in scope. Furthermore, the rule 
will allow vessels to seek permission to enter the zone. Non-
participant persons and vessels may enter, transit through, anchor in, 
or remain within the regulated area during the enforcement periods if 
authorized by the COTP or a designated representative. Vessels not able 
to enter, transit through, anchor in, or remain within the regulated 
area without authorization from the COTP or a designated representative 
may operate in the surrounding areas during the enforcement period. The 
Coast Guard will issue a Local Notice to Mariners and a Broadcast 
Notice to Mariners, allowing mariners to make alternative plans or seek 
permission to transit the zone.

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

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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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email 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 
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 a safety zone that will prohibit entry 
within Bajo San Agustin of San Juan Harbor. It is categorically 
excluded from further review under paragraph L60(a) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.

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 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: 46 U.S.C. 70034, 70051; 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.T07-0653 to read as follows:


Sec.  165.T07-0653  Safety Zone; Bahia de San Juan, San Juan, PR.

    (a) Location. The following area is a safety zone: Bajo San Agustin 
of San Juan Harbor, from surface to bottom, encompassed by a line 
connecting the following points beginning at 18[deg]27'57'' N, 
66[deg]7'19'' W, thence to 18[deg]27'53'' N, 66[deg]7'26'' W, thence to 
18[deg]27'46'' N, 66[deg]7'15'' W, thence to 18[deg]27'50'' N, 
66[deg]7'10'' W and along the shore line back to the beginning point. 
All coordinates are North American Datum 1983.
    (b) 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 
Captain of the Port San Juan (COTP) in the enforcement of the safety 
zone.
    (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 COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by contacting the US Coast Guard Cutter YELLOWFIN via 
VHF-FM marine channel 16 or the US Coast Guard Sector San Juan Command 
Center at (787) 729-6800. Those in the safety zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement period. This section will be enforced from 12:00 
p.m. on July 25, 2019 through 12:00 a.m. on August 3, 2019.

    Dated: July 25, 2019.
G.H. Magee,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector San Juan.
[FR Doc. 2019-16232 Filed 7-26-19; 8:45 am]
 BILLING CODE 9110-04-P