[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16780-16783]
From the Federal Register Online via the Government Publishing 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
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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
[email protected]. 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
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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