[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Rules and Regulations]
[Pages 63575-63577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24888]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0893]
RIN 1625-AA08


Special Local Regulation; Beauty and the Beast Triathlon; 
Christiansted Harbor, St. Croix, Virgin Island

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the waters of Christiansted Harbor, St Croix, Virgin Islands during the 
Beauty and the Beast Triathlon. Approximately 150 competitive swimmers 
are anticipated to participate in the race. The special local 
regulation is necessary to ensure the safety of race participants, 
participant vessels, and the general public during the event. The 
special local regulation establishes a race area, where all persons and 
vessels, except those persons and vessels who are participating in or 
supporting the race, will be 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 is effective from December 8, 2019 from 6:30 a.m. 
through 10:00 a.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0893 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 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
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 doing so would be impracticable and 
contrary to the public interest. The event is scheduled for December 8, 
2019, and the Coast Guard was notified of the event on November 6, 
2019. The Coast Guard did not have adequate time or information to 
timely process the course race and propose a special local regulation. 
Any delay in the effective date of this rule would be impracticable and 
contrary to the public interest because immediate action is needed to 
minimize potential hazards to the race participants, participant 
vessels, spectators and the general public.
    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 and contrary to public interest 
because it would delay the safety measures necessary to respond to 
potential safety hazards associated with this marine event. Immediate 
action is needed protect participants, spectators, and other persons 
and vessels during the triathlon.

III. Legal Authority and Need for Rule

    The Coast Guard is Issuing this rule under authority in 46 U.S.C. 
70041. The purpose of the rule is to ensure safety of life on navigable 
waters of the United States during the Beauty and the Beast Triathlon 
on December 8, 2019.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation. VI TRI 
is sponsoring the Beauty and the Beast Triathlon--a triathlon with 
approximately 150 competitors. The swim portion of the race will take 
place at Christiansted Harbor, St. Croix, Virgin Islands. Small vessel 
craft including small boats and kayaks will be operating in the 
immediate area as safety platforms.
    This special local regulation encompasses certain waters of 
Christiansted Harbor, St Croix, Virgin Islands. The special local 
regulation will be enforced from 6:30 a.m. until 10:00 a.m. on December 
8, 2019. During the enforcement period, the special local regulation 
will consist of a race area, which will exclude the presence of any and 
all non-race participants and non-safety vessels. Non-participants and 
non-safety vessels will be prohibited from entering, transiting 
through, anchoring in, or remaining within the area unless authorized 
by the Captain of the Port (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. The Coast Guard will provide notice of the regulated 
areas by Broadcast Notice to Mariners, and on-scene designated 
representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking.

[[Page 63576]]

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.
    The economic impact of this rule is not significant for the 
following reasons: (1) The special local regulation will be enforced 
for a three and a half hour period and is thus limited in time; (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 COTP 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 areas, during the enforcement period if 
authorized by the COTP San Juan or a designated representative; and (4) 
the Coast Guard will provide advance notification of the special local 
regulation to the local maritime community by Broadcast Notice to 
Mariners.

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 
special local regulation may be small entities, for the reason 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 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 creation of a special local regulation 
in conjunction with a regatta or a marine parade to ensure the safety 
of race participants, participant vessels and the general 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 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 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.


[[Page 63577]]



0
2. Add Sec.  100.T799-0893 to read as follows:


Sec.  100.T799-0893  Special Local Regulation; Beauty and the Beast 
Triathlon; Christiansted Harbor, St. Croix, Virgin Islands.

    (a) Regulated areas. The following regulated areas are established 
as a special local regulation. All coordinates are North American Datum 
1983.
    (1) Triathlon swim race area. All waters of Christiansted Harbor 
encompassed within the following points: Starting at point 1 in 
position 17[deg]44.93' N, 64[deg]42.17' W; thence east northeast to 
Point 2 in position 17[deg]45.254' N, 64[deg]41.953' W; thence south-
southeast to point 3 in position 17[deg]45.239' N, 64[deg]41.935' W; 
thence south-southwest to point 4 in position 17[deg]44.895' N, 
66[deg]42.008' W; thence northwest to point 5 in position 
17[deg]44.851' N, 64[deg]42.172' W; and northeast back to origin.
    (2) [Reserved]
    (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 (COTP) San Juan in the enforcement of the regulated 
areas.
    (c) Regulations. (1) Except for those persons and vessels 
participating in the race or enforcing the special local regulation in 
this section, all persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within a 25-yard radius 
of the area.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, remain within the regulated area 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.
    (3) Vessels are prohibited from entering or transiting in the 
spectator area at speeds that cause wake.
    (d) Information broadcasts. The Coast Guard will provide notice of 
the regulated areas by Broadcast Notice to Mariners and on-scene 
designated representatives.
    (e) Enforcement period. This section will be enforced from 6:30 
a.m. until 10:00 a.m. on December 8, 2018.

    Dated: November 12, 2019.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-24888 Filed 11-15-19; 8:45 am]
 BILLING CODE 9110-04-P


