[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 Pedro.L.Mendoza@uscg.mil.

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]
BILLING CODE 9110-04-P


