[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 70014-70017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27526]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0945]
RIN 1625-AA08
Special Local Regulation; St. Thomas Lighted Boat Parade, St.
Thomas, U.S. Virgin Island
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
the St. Thomas Lighted Boat Parade marine event. The special local
regulation is for certain navigable waters of Crown Bay, Haulover Cay,
and St. Thomas Harbor, St. Thomas, U.S. Virgin Islands. The special
local regulation is necessary to ensure the safety of vessels,
spectators, and public during the event. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port San Juan or a designated representative.
[[Page 70015]]
DATES: This rule is effective without actual notice from 6:30 p.m.
until 9:00 p.m. on December 20, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0945 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 LCDR Pedro L. Mendoza, Waterways Management Division,
U.S. Coast Guard; telephone 787-691-7058, 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
notice of the marine event from involved parties with sufficient time
to publish a NPRM and to receive public comments prior to the event. It
is impracticable to publish an NPRM because the Coast Guard did not
receive notice of the boat parade until December 4, 2019, and the
special local regulation is needed for December 20, 2019. This action
is necessary for the protection of life and property on the navigable
waters of the United States. Therefore, it would be contrary to the
public interest to postpone establishing this temporary special local
regulation.
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 for the same reason discussed
above.
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 purpose of this rule is to
ensure safety of the event participants, vessels and the navigable
waters of Crown Bay, Haulover Clay and St. Thomas Harbor, St. Thomas,
U.S. Virgin Islands (USVI), during the St. Thomas Lighted Boat Parade.
The Captain of the Port (COTP) has determined that potential hazards
associated with the marine parade event will pose a safety concern for
any persons and vessels within the regulated area.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation on
certain navigable waters of the Crown Bay, Haulover Cay, and St. Thomas
Harbor, St. Thomas, USVI during the St. Thomas Lighted Boat Parade from
6:30 p.m. until 9:00 p.m. on December 20, 2019. The regulated area will
encompass all waters within a 100-foot radius of participating vessels,
beginning with the lead vessel, ending with the last participating
vessel, and at all times extending 100-feet on either side of the
parade vessels. The parade route consist of a course that starts at
Crown Bay Marina in potion 18[deg]19'986'' N, 64[deg]57'088'' W;
proceeds thence east through Haulover Cut, thence northeast throu Cay
Bay, thence east towards the Coast Guard Base in Kings Wharf and thence
back through the same route to the beginning position. All coordinates
are North American Datum 1983.
The special local regulation is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the power boat races. All persons and non-participating vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the COTP San
Juan or a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the regulated area by contacting the COTP San Juan or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the regulated area is granted, 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 area by Local Notice to Mariners,
Broadcast Notice to Mariners, and/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
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 regulated area. The regulated area will
impact a small designated area of Crown Bay, Haulover Cay, and St.
Thomas Harbor, St. Thomas, USVI, during the event and thus is limited
in scope. The special local regulation will be enforced for only a
total period of 2.5 hours and thus is limited in time. Although persons
and vessels will not be able to enter, transit through, anchor in, or
remain within the zone without authorization from the Captain of the
Port San Juan or a designated representative, they may operate in the
surrounding area during the enforcement period. The rule will allow
vessels to seek permission to enter the regulated area. Persons and
vessels may still enter, transit through, anchor in, or remain within
the regulated area during the enforcement period if authorized by the
Captain of the Port San Juan or a designated representative. 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 regulated area.
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
[[Page 70016]]
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 enter,
transit through, anchor in, or remain witin the regulated area may be
small entities, for the reason stated in section V. A. above, this rule
will not have a significate 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
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, Rev. 1, associated implementing instructions, 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
creation of a regulated area in conjunction with a regatta or marine
parade to ensure the safety of vessels, spectators, and the public
during the event. It is categorically excluded from further review
under paragraph L61 in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T799-0945 to read as follows:
Sec. 100.T799-0945 Safety zones; St. Thomas Lighted Boat Parade,
Crown Bay, Haulover Cut and St. Thomas Harbor, St. Thomas, U.S. Virgin
Islands
(a) Location. The following area is a special local regulation: All
waters within a 100-foot radius in front of the lead parade vessel,
100-feet behind the last participating parade vessel, and at all times
extending 100-feet on either side of participating parade vessels. The
St. Thomas Lighted Boat Parade consists of a course that starts at
Crown Bay Marina in position 18[deg]19'986'' N, 64[deg]57'088'' W;
proceeds thence east through Haulover Cut, thence northeast through Cay
Bay, thence east towards the Coast Guard Base in Kings Wharf and thence
west back through the same route to the beginning position. All
coordinates are North American Datum 1983.
(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 persons and non-participant vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the COTP San
Juan or a designated representative.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the COTP San Juan by telephone at (787) 289-2041, or a designated
representative via VHF radio on channel 16. 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.
[[Page 70017]]
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced from 6:30 p.m.
until 9:00 p.m. on December 20, 2019, unless sooner terminated by the
COTP San Juan.
Dated: December 16, 2019.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-27526 Filed 12-19-19; 8:45 am]
BILLING CODE 9110-04-P