
[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Proposed Rules]
[Pages 16211-16213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05905]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0086]
RIN 1625-AA00


Safety Zone, Corp. Event Finale UHC, St. Thomas Harbor; St. 
Thomas, U.S. Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone on the waters of St. Thomas Harbor in St. Thomas, U.S. Virgin 
Islands during the Corp. Event Finale UHC firework display. The safety 
zone is necessary to protect the public from the hazards associated 
with launching fireworks over navigable waters of the United States. 
The event is scheduled to take place on Wednesday, April 24, 2013, and 
will entail a barge being positioned near the St. Thomas Harbor channel 
from which fireworks will be lit.

DATES: Comments and related material must be received by the U.S. Coast 
Guard on or before April 1, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Warrant Officer Anthony Cassisa, Sector San Juan 
Prevention Department, U.S. 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the U.S. Coast Guard when you 
successfully transmit the comment. If you fax, hand deliver, or mail 
your comment, it will be considered as having been received by the U.S. 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2013-0086 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0086 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

B. Basis and Purpose

    The legal basis for the rule is the U.S. Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public from the hazards 
associated with the launching of fireworks over navigable waters of the 
United States.

C. Discussion of Proposed Rule

    On April 24, 2013, Fireworks by Grucci and Left Lane Productions is 
sponsoring the Corp. Event Finale UHC,

[[Page 16212]]

a firework display. The event will be held on the waters of St. Thomas 
Harbor, St. Thomas, U.S. Virgin Islands. This will entail one barge 
that will be used to light fireworks, which will be stationed near the 
St. Thomas Harbor channel.
    The safety zone encompasses certain waters of St. Thomas Harbor, 
St. Thomas, U.S. Virgin Islands. The safety zone will be enforced from 
8:00 p.m. until 10:00 p.m. on April 24, 2013. Persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone 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 safety zone 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 safety zone 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 
U.S. Coast Guard will provide notice of the safety zone by Local Notice 
to Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for 
the following reasons: (1) The safety zone will be enforced for only 
two hours; (2) although persons and vessels will not be able to enter, 
transit through, anchor in, or remain within the safety 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; (3) persons and vessels may still enter, transit 
through, anchor in, or remain within the safety zone during the 
enforcement period if authorized by the Captain of the Port San Juan or 
a designated representative; and (4) the U.S. 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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The U.S. 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 safety zone from 8:00 p.m. until 10:00 
p.m. on April 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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. The U. S. Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

 6. Protest Activities

    The U. S. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an

[[Page 16213]]

environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule 
involves a safety zone that will be enforced for only two hours. This 
rule is categorically excluded, under, paragraph 34(g) of Figure 2-1 of 
the Commandant Instruction. A preliminary 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 proposed 
rule.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.
0
2. Add a temporary Sec.  165.T07- 0086 to read as follows:


Sec.  165.T07-0086  Safety Zone, Corp. Event Finale UHC, St. Thomas 
Harbor; St. Thomas, U.S. Virgin Islands.

    (a) Regulated Areas. The following regulated area is established as 
a safety zone: All waters within an 800 foot radius of 18[deg]18.205 N, 
64[deg]55.556 W. All coordinates are North American Datum 1983. Persons 
and vessels are prohibited from entering, transiting through, anchoring 
in, or remaining within the safety zone unless authorized by the 
Captain of the Port San Juan.
    (b) Definition. The term ``designated representative'' means U.S. 
Coast Guard Patrol Commanders, including U.S. Coast Guard coxswains, 
petty officers, and other officers operating U.S. 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 safety zone, 
unless authorized by the Captain of the Port San Juan or those 
participating in the firework display.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or 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. 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 U.S. Coast Guard will provide notice of the safety zone by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced on Wednesday, 
April 24, 2013 from 8:00 p.m. until 10:00 p.m.

    Dated: March 3, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-05905 Filed 3-13-13; 8:45 am]
BILLING CODE 9110-04-P


