[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Rules and Regulations]
[Pages 19141-19143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9640]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0179]
RIN 1625-AA00


Safety Zone; St. Thomas Harbor, Charlotte Amalie, U.S.V.I.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast is establishing a temporary safety zone on the 
navigable waters of St. Thomas Harbor in support of the Virgin Islands 
Carnival Finale fireworks display. This temporary safety zone is 
necessary to provide for the safety of spectators, participating 
vessels and their crews, and other vessels and users of the waterway. 
Persons and vessels are prohibited from entering into, transiting 
through, or anchoring within this safety zone unless authorized by the 
Captain of the Port (COTP) San Juan or the designated representative.

DATES: This rule is effective from 7 p.m. on May 2, 2009, through 10:30 
p.m. on May 2, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0179 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2009-0179 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
two locations: The 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Mr. John Reyes, Marine Information 
Specialist, U.S. Coast Guard, Prevention Department telephone 787-729-
5381, e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 information regarding the event was 
not provided with sufficient time to publish an NPRM. Publishing an 
NPRM and delaying its effective date would be contrary to the public 
interest since immediate action is needed to minimize potential danger 
to the public during the fireworks display.
    For the same reasons above, 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 
will issue a broadcast notice to mariners to advise mariners of the 
restriction and provide on scene notification.

Background and Purpose

    This rule is required to provide for the safety of life in St. 
Thomas Harbor because fireworks will be launched from a vessel within 
the harbor. These fireworks could potentially pose a safety hazard to 
the small craft operators that

[[Page 19142]]

frequent the area. To prevent injury or loss of life or property, a 
safety zone is required to maintain a safe distance between the 
fireworks vessel and any spectators or other users of the waterway.

Discussion of Rule

    This rule establishes a temporary safety zone around the fireworks 
vessel at a radius determined by the National Fire Protection Agency 
(NFPA) Standards. The safety zone includes all waters within a 280 yard 
radius of the fireworks vessel. The fireworks vessel will be anchored 
in position 18[deg]20'15'' N, 064[deg]55'41'' W in the vicinity of 
Kings Wharf Bay inside St. Thomas Harbor. All non-participating persons 
and vessels are prohibited from entering the safety zone without 
permission from the COTP San Juan or the designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is not necessary. This rule will only affect 
those vessels that would attempt to transit or anchor in that portion 
of St. Thomas Harbor between the hours of 7 p.m. and 10:30 p.m. Vessel 
traffic will still be able to flow in and out of Kings Wharf Bay around 
the limit of the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of St. Thomas Harbor from 7 p.m. to 
10:30 p.m. on May 2, 2009. This safety zone will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be in effect for only 3\1/2\ hours at 
night when vessel traffic is low. Vessel traffic can pass safely around 
the safety zone. Before the effective periods, we will issue maritime 
advisories widely available to users of the harbor.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15

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U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 0023-01 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 concluded this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves establishing 
a temporary safety zone and is considered a regulation ``establishing, 
disestablishing, or changing Regulated Navigation Areas and security or 
safety zones'' as stated in Paragraph (34(g).
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

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. 1226, 1231; 46 U.S.C. Chapter 701; 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation no. 0170.1.


0
2. Add Sec.  165.T07-0179 to read as follows:


Sec.  165.T07-0179  Safety Zone; St. Thomas Harbor, Charlotte Amalie, 
U.S.V.I.

    (a) Regulated Area. The Coast Guard is establishing a temporary 
safety zone on the navigable waters of St. Thomas Harbor for a 
fireworks display within the harbor. The safety zone is circular in 
shape and extends in a 280 yard radius from the launch vessel which 
will be anchored in position 18[deg]20'15'' N, 064[deg]55'41'' W in the 
vicinity of Kings Wharf Bay.
    (b) Definitions. The following definitions apply to this section: 
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 COTP San Juan in the enforcement of the safety 
zone.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entering, anchoring, mooring or transiting 
in the Regulated Area is prohibited unless specifically authorized by 
the Coast Guard COTP San Juan or a designated representative. The Coast 
Guard will issue a broadcast notice to mariners to advise mariners of 
the restriction and provide on scene notification.
    (d) Effective Date. This rule is effective from 7 p.m. on May 2, 
2009, through 10:30 p.m. on May 2, 2009.

    Dated: April 6, 2009.
J.M. Nunan,
Captain, U.S. Coast Guard, Acting Captain of the Port San Juan.
[FR Doc. E9-9640 Filed 4-27-09; 8:45 am]
BILLING CODE 4910-15-P