Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 52007 

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. 

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. 

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: 

§ 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 

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] 

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, Bahı ́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 


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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 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 

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 

§ 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 


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Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 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 

■ 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, Bahı ́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°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. 

(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 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule; CRA revocation. 

SUMMARY: 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. 

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, 


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