Safety Zone; Bahia De San Juan, San Juan, PR

• Published date: 30 July 2019
• Citation: 84 FR 36815
• Record Number: 2019-16232
• Section: Rules and Regulations
• Court: Coast Guard

36815

Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations

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[FR Doc. 2019–16129 Filed 7–29–19; 8:45 am]

BILLING CODE 6325–39–P

DEPARTMENT OF LABOR

Office of the Secretary

29 CFR Part 34

RIN 1291–AA39

Rescission of Regulations

Implementing the Nondiscrimination

and Equal Opportunity Provisions of

the Job Training Partnership Act of

1982

AGENCY

: Office of the Assistant

Secretary for Administration and

Management, Department of Labor.

ACTION

: Direct final rule; confirmation of

effective date.

SUMMARY

: The U.S. Department of

Labor, Office of the Assistant Secretary

for Administration and Management

(OASAM) is confirming the effective

date of its direct final rule (DFR)

rescinding its regulations implementing

section 167 of the Job Training

Partnership Act of 1982, as amended

(JTPA). In the DFR published on

September 26, 2018, OASAM stated that

if no significant adverse comments were

submitted by October 26, 2018, then the

rule would become effective on

November 26, 2018. No adverse

comments were received on the rule. So

by this document the agency is

confirming that the DFR is effective as

of November 26, 2018.

DATES

: This document confirms that the

effective of the DFR published on

September 26, 2018 (83 FR 48542), is

November 26, 2018.

ADDRESSES

: Electronic copies of this

Federal Register notice are available at

http://www.regulation.gov.

FOR FURTHER INFORMATION CONTACT

:

Naomi Barry-Perez, Director, Civil

Rights Center, U.S. Department of Labor,

200 Constitution Avenue NW, Room N–

4123, Washington, DC 20210, telephone

(202) 693–6500 (VOICE) or (800) 877–

8339 (Federal Relay Service—for TTY),

or by email at CRC-WIOA@dol.gov.

SUPPLEMENTARY INFORMATION

: On

September 26, 2018, OASAM

simultaneously published in the

Federal Register a notice of proposed

rulemaking (83 FR 48576) and a DFR (83

FR 48542) to rescind its regulations

implementing Section 167 of the JTPA.

Section 167 contained the

nondiscrimination and equal-

opportunity provisions of the JTPA. In

1998, Congress passed the Workforce

Investment Act (WIA), which repealed

the JTPA and required the Secretary of

Labor to transition any authority under

the JTPA to the system that WIA

created. WIA, in turn, was subsequently

altered by the Workforce Innovation and

Opportunity Act (WIOA). The JTPA’s

nondiscrimination and equal

opportunity requirements were

superseded by similar provisions in

WIA, and more recently, WIOA. The

current WIOA regulations governing

nondiscrimination and equal

opportunity are at 29 CFR part 38. In

sum, the rule removes regulations for an

inoperative program, but has no impact

on existing non-discrimination rules.

OASAM explained that if no

significant adverse comments were

received during the comment period,

then the DFR would become effective

and OASAM would withdraw the

proposed rule. The comment period for

the proposed rule and the DFR ended on

October 26, 2018. No adverse comments

were received on either rule. By this

document, OASAM is confirming that

the DFR is effective as of November 26,

2018. As such, the proposed rule is

unnecessary and OASAM is

withdrawing it in another publication.

Signed at Washington, DC, on July 19,

2019.

Bryan Slater,

Assistant Secretary, Office of the Assistant

Secretary for Administration and

Management, Department of Labor.

[FR Doc. 2019–16073 Filed 7–29–19; 8:45 am]

BILLING CODE 4510–FR–P

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.

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

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36816

Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations

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

Pedro.L.Mendoza@uscg.mil.

SUPPLEMENTARY INFORMATION

:

I. Table of Abbreviations

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 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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Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations

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

■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.

■2. Add § 165.T07–0653 to read as

follows:

§ 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°27′57″

N, 66°7′19″ W, thence to 18°27′53″ N,

66°7′26″ W, thence to 18°27′46″ N,

66°7′15″ W, thence to 18°27′50″ N,

66°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

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2019–0586]

RIN 1625–AA00

Safety Zone; Allegheny River Mile 43.5

to Mile 45.5, Kittanning, PA

AGENCY

: Coast Guard, DHS.

ACTION

: Temporary final rule.

SUMMARY

: The Coast Guard is

establishing a temporary safety zone for

navigable waters of the Allegheny River

from Mile 43.5 to Mile 45.5. The safety

zone is needed to protect personnel,

vessels, and the marine environment

from potential hazards created by a high

speed boat race. Entry of vessels or

persons into this zone is prohibited

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