Special Local Regulation; Temporary Change for Recurring Marine Event in the Seventh Coast Guard District

 
CONTENT
Federal Register, Volume 84 Issue 237 (Tuesday, December 10, 2019)
[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Rules and Regulations]
[Pages 67375-67378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26584]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2019-0908]
RIN 1625-AA08
Special Local Regulation; Temporary Change for Recurring Marine
Event in the Seventh Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement period
of a special local regulation for a recurring marine event in the
Seventh Coast Guard District and adding a temporary safety zone for
this event. These regulations apply to the St. Croix Christmas Boat
Parade and Fireworks Display in the vicinity of Protestant Cay in St.
Croix, USVI, which will take place this year on December 14, 2019. The
temporary special local regulation and temporary safety zone is needed
to protect personnel, vessels, and the marine environment from the boat
parade and fireworks display. Entry of vessels or persons into this
regulated area is prohibited unless specifically authorized by the
Captain of the Port San Juan.
DATES: This rule is effective on December 14, 2019, from 4 p.m. until
11 p.m.
[[Page 67376]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0908 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 Lieutenant Commander 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
COTP Captain of the Port
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 alternate date of the boat parade and the
addition of a fireworks display until October 31, 2019, and the special
local regulation is needed for December 14, 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 temporarily amending this 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety and security concerns associated with
power boat races.
III. Legal Authority and Need for Rule
    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 and 70041. The Captain of the Port San Juan (COTP) has determined
that potential hazards associated with the boat parade and fireworks
display on December 14, 2019, will be a safety concern for anyone
within the vicinity of the event. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
of Christiansted Harbor in the vicinity of Protestant Cay in St. Croix,
USVI.
IV. Discussion of the Rule
    This rule temporarily changes the date of the Christmas Boat Parade
in St. Croix, USVI and adds a fireworks display to the event
description. The special local regulation is from 4:00 p.m. until 11:00
p.m. on December 14, 2019. The temporary special local regulation will
cover all navigable waters of Christiansted Harbor approximately 200
yards from Protestant Cay. During the fireworks display, an exclusion
zone of 700 feet will be established around the deck barges at
approximate position 17[deg]45'3'' N, 064[deg]42'10'' W. The duration
of the temporary special local regulation is intended to protect
personnel, vessels, and the marine environment in these navigable
waters during the boat parade and fireworks display. No vessel or
person, other than the event participants, will be permitted to enter
the regulated area 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 special
local regulation and safety zone. The regulated area will impact a
small designated area of Christiansted Harbor in the vicinity of
Protestant Cay in St. Croix, USVI during the event for seven hours on
December 14, 2019 and thus is limited in time and scope. Although
persons and vessels who are not participating in the event will not be
able to enter, transit through, anchor in, or remain within the
regulated area 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. Furthermore, 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 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
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
regulated area 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
[[Page 67377]]
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 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 special local regulation lasting only
seven hours that will prohibit entry within the regulated area during
the boat parade and fireworks display. It is categorically excluded
from further review under paragraphs L60(a) and L61 in Table 3-1 of the
Department of Homeland Security Directive 023-01. 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 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 parts 100 and 165 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.T799-0908 to read as follows:
Sec.  100.T799-0908  Special Local Regulation; Christmas Boat Parade,
Christiansted Harbor, St. Croix, USVI.
    (a) Location. The following area is a special local regulation.
Christiansted Harbor, 200 yards off-shore surrounding Protestant Cay,
St. Croix, USVI, from surface to bottom, beginning in position
17[deg]45'3'' N, 064[deg]42'10'' W, around the cay and back to the
beginning position. During the fireworks display an exclusion zone of
700 feet is established around the deck barges at approximate position
17[deg]45'3'' N, 064[deg]42'10'' W. All coordinates are North American
Datum 1983.
    (b) Definitions. 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) Except for those persons and vessels
participating in boat parade or enforcing the special local regulation,
all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area.
    (2) Persons and vessels may request authorization to enter, transit
through, anchor in, remain within the regulated area by contacting the
Captain of the Port San Juan by telephone at (787) 289-2041, or a
designated representative via VHF radio on channel 16. Those in the
regulated area must comply with all lawful orders or directions given
to them by the Captain of the Port or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from 4 p.m.
until 11 p.m. on December 14, 2019.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. 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
4. Add Sec.  165.T07-0908 to read as follows:
Sec.  165.T07-0908  Safety Zone; Christmas Boat Parade Fireworks
Display, Christiansted Harbor, St. Croix, USVI.
    (a) Location. A safety zone is established approximately 700 feet
around the deck barges at approximate position 17[deg]45'3'' N,
064[deg]42'10'' W. All coordinates are North American Datum 1983.
    (b) Definitions. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast
[[Page 67378]]
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) Except for those persons and vessels
participating in boat parade or enforcing the special local regulation,
all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area.
    (2) Persons and vessels may request authorization to enter, transit
through, anchor in, remain within the regulated area by contacting the
Captain of the Port San Juan by telephone at (787) 289-2041, or a
designated representative via VHF radio on channel 16. Those in the
regulated area must comply with all lawful orders or directions given
to them by the Captain of the Port or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from 4 p.m.
until 11 p.m. on December 14, 2019.
    Dated: December 5, 2019.
E. P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-26584 Filed 12-9-19; 8:45 am]
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