[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 70014-70017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27526]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0945]
RIN 1625-AA08


Special Local Regulation; St. Thomas Lighted Boat Parade, St. 
Thomas, U.S. Virgin Island

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation for 
the St. Thomas Lighted Boat Parade marine event. The special local 
regulation is for certain navigable waters of Crown Bay, Haulover Cay, 
and St. Thomas Harbor, St. Thomas, U.S. Virgin Islands. The special 
local regulation is necessary to ensure the safety of vessels, 
spectators, and public during the event. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port San Juan or a designated representative.

[[Page 70015]]


DATES: This rule is effective without actual notice from 6:30 p.m. 
until 9:00 p.m. on December 20, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0945 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 L. Mendoza, Waterways Management Division, 
U.S. Coast Guard; telephone 787-691-7058, 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 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 boat parade until December 4, 2019, and the 
special local regulation is needed for December 20, 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 establishing this temporary 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 for the same reason discussed 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The purpose of this rule is to 
ensure safety of the event participants, vessels and the navigable 
waters of Crown Bay, Haulover Clay and St. Thomas Harbor, St. Thomas, 
U.S. Virgin Islands (USVI), during the St. Thomas Lighted Boat Parade. 
The Captain of the Port (COTP) has determined that potential hazards 
associated with the marine parade event will pose a safety concern for 
any persons and vessels within the regulated area.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation on 
certain navigable waters of the Crown Bay, Haulover Cay, and St. Thomas 
Harbor, St. Thomas, USVI during the St. Thomas Lighted Boat Parade from 
6:30 p.m. until 9:00 p.m. on December 20, 2019. The regulated area will 
encompass all waters within a 100-foot radius of participating vessels, 
beginning with the lead vessel, ending with the last participating 
vessel, and at all times extending 100-feet on either side of the 
parade vessels. The parade route consist of a course that starts at 
Crown Bay Marina in potion 18[deg]19'986'' N, 64[deg]57'088'' W; 
proceeds thence east through Haulover Cut, thence northeast throu Cay 
Bay, thence east towards the Coast Guard Base in Kings Wharf and thence 
back through the same route to the beginning position. All coordinates 
are North American Datum 1983.
    The special local regulation is intended to protect personnel, 
vessels, and the marine environment in these navigable waters during 
the power boat races. All persons and non-participating vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the COTP San 
Juan or a designated representative. Persons and vessels may request 
authorization to enter, transit through, anchor in, or remain within 
the regulated area by contacting the COTP San Juan or a designated 
representative. If authorization to enter, transit through, anchor in, 
or remain within the regulated area is granted, 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 area by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or by on-scene designated 
representatives.

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 size, 
location, and duration of the regulated area. The regulated area will 
impact a small designated area of Crown Bay, Haulover Cay, and St. 
Thomas Harbor, St. Thomas, USVI, during the event and thus is limited 
in scope. The special local regulation will be enforced for only a 
total period of 2.5 hours and thus is limited in time. Although persons 
and vessels will not be able to enter, transit through, anchor in, or 
remain within the 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. 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 area 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

[[Page 70016]]

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 enter, 
transit through, anchor in, or remain witin the regulated area may be 
small entities, for the reason stated in section V. A. above, this rule 
will not have a significate 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, Rev. 1, associated implementing instructions, 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 
creation of a regulated area in conjunction with a regatta or marine 
parade to ensure the safety of vessels, spectators, and the 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. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

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.


0
2. Add Sec.  100.T799-0945 to read as follows:


Sec.  100.T799-0945  Safety zones; St. Thomas Lighted Boat Parade, 
Crown Bay, Haulover Cut and St. Thomas Harbor, St. Thomas, U.S. Virgin 
Islands

    (a) Location. The following area is a special local regulation: All 
waters within a 100-foot radius in front of the lead parade vessel, 
100-feet behind the last participating parade vessel, and at all times 
extending 100-feet on either side of participating parade vessels. The 
St. Thomas Lighted Boat Parade consists of a course that starts at 
Crown Bay Marina in position 18[deg]19'986'' N, 64[deg]57'088'' W; 
proceeds thence east through Haulover Cut, thence northeast through Cay 
Bay, thence east towards the Coast Guard Base in Kings Wharf and thence 
west back through the same route to the beginning position. 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 non-participant vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the COTP San 
Juan or a designated representative.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated areas 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.

[[Page 70017]]

    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced from 6:30 p.m. 
until 9:00 p.m. on December 20, 2019, unless sooner terminated by the 
COTP San Juan.

    Dated: December 16, 2019.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-27526 Filed 12-19-19; 8:45 am]
BILLING CODE 9110-04-P


