
[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16780-16783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06253]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-1079]
RIN 1625-AA08


Special Local Regulation; 2013 International Rolex Regatta; St. 
Thomas Harbor; St. Thomas, U.S. Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations on 
the waters of St. Thomas Harbor in St. Thomas, U. S. Virgin Islands 
during the 2013 International Rolex Regatta, a series of sail boat 
races. The event is scheduled to take place on Friday, March 22, 2013 
through Sunday, March 24, 2013. Approximately 65 sail boats will be 
participating in the races. It is

[[Page 16781]]

anticipated that approximately 20 spectator vessels will be present 
during the races. These special local regulations are necessary to 
ensure the safety of race participants, participant vessels, 
spectators, and the general public on the navigable waters of the 
United States during the event. The special local regulation 
establishes a race area, where all persons and vessels, except those 
persons and vessels participating in the sail boat races, are 
prohibited from entering, transiting through, anchoring in, or 
remaining within unless authorized by the Captain of the Port San Juan 
or a designated representative.

DATES: This rule will be effective from 11 a.m. Friday, March 22, 2013 
through 2 p.m. Sunday, March 24, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1098. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Anthony Cassisa, Sector San Juan 
Prevention Department, Coast Guard; telephone (787) 289-2073, email 
Anthony.J.Cassisa@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a notice of proposed rulemaking (NPRM) on 
February 4, 2013, in the Federal Register (78 FR 7663). The Coast Guard 
received no public comments in the docket and no requests for public 
meetings.
    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. The Coast Guard did not receive 
information from the event sponsor early enough to both publish a NPRM 
and allow 30 days after publication before making this rule effective. 
The Coast Guard chose to notify the public and seek comment on this 
rule by publishing a NPRM. This final rule is necessary to protect the 
public and race participants during the regatta, and therefore, must be 
effective by the start of the event on March 22, 2013.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations under 33 U.S.C. 1233. The purpose 
of the rule is to ensure safety of life on navigable waters of the 
United States during the 2013 International Rolex Regatta.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in the docket for this 
rulemaking. We made no changes to the regulation as originally 
proposed.
    On March 22, 2013, through March 24, 2013, the St. Thomas Yacht 
Club is sponsoring the 2013 Rolex Regatta, a series of sail boat races. 
The races will be held on the waters of St. Thomas Harbor, St. Thomas, 
U. S. Virgin Islands. Approximately 65 sail boats will be participating 
in the races. It is anticipated that approximately 20 spectator vessels 
will be present during the races.
    These special local regulations encompass certain waters 
surrounding on St. Thomas Harbor, St. Thomas, U. S. Virgin Islands. The 
special local regulations will be enforced from 11 a.m. until 2 p.m. 
every day from March 22, 2013 through March 24, 2013. The special local 
regulations consist of a race area. Within this area, all persons and 
vessels, except those persons and vessels participating in the sail 
boat races, are prohibited from entering, transiting through, anchoring 
in, or remaining within unless authorized by the Captain of the Port 
San Juan or a designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race 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. If authorization 
to enter, transit through, anchor in, or remain within the race area is 
granted by the Captain of the Port San Juan or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port San Juan 
or a designated representative.
    The Coast Guard will provide notice of the special local 
regulations by Local Notice to Mariners, Broadcast Notice to Mariners, 
and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for only three hours a day for three days, for a total of nine hours; 
(2) although persons and vessels will not be able to enter, transit 
through, anchor in, or remain within the race 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; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the race area during the 
enforcement period if authorized by the Captain of the Port San Juan or 
a designated representative; and (4) the Coast Guard will provide 
advance notification of the special local regulations to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 received zero comments from the Small Business 
Administration on this rule. The Coast

[[Page 16782]]

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.
    This rule may affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to enter, 
transit through, anchor in, or remain within that portion of St. Thomas 
Harbor encompassed within the special local regulations from 11:00 a.m. 
until 2:00 p.m. on March 22, 2013, through March 24, 2013. For the 
reasons discussed in the Regulatory Planning and Review section above, 
this rule will not have a significant economic impact on a substantial 
number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA)(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 special local regulations issued in 
conjunction with a regatta or marine parade. This rule is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-1079 to read as follows:


Sec.  100.35T07-1079  Special Local Regulations; 2013 International 
Rolex Regatta, St. Thomas Harbor; St. Thomas, U.S. Virgin Islands.

    (a) Race area. All waters of Rada Fajardo encompassed within the 
following points: starting at Point 1 in position 18[deg]19.927 N, 
64[deg]55.973 W; thence east to Point 2 in position 18[deg]19.970 N, 
64[deg]55.769 W; thence southeast to Point 3 in position 18[deg]19.567 
N, 64[deg]55.594 W; thence south to point 4 in position 18[deg]19.133 
N, 64[deg]55.474 W; thence west to point 5 in

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position 18[deg]19.133 N, 64[deg]55.628 W; thence north to point 6 in 
position 18[deg]19.568 N, 64[deg]55.752 W; thence northwest back to 
origin. 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 vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
race area, unless participating in the race.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the race 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. If authorization 
is granted by the Captain of the Port San Juan or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port San Juan 
or a designated representative.
    (3) The Coast Guard will provide notice of the race area by Local 
Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Dates. This rule will be enforced daily from 11 
a.m. until 2 p.m. on Friday, March 22, 2013 through Sunday, March 24, 
2013.

    Dated: March 4, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-06253 Filed 3-18-13; 8:45 am]
BILLING CODE 9110-04-P


