[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23489-23491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09199]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0085]
RIN 1625-AA00


Safety Zone; V.I. Carnival Finale, St. Thomas Harbor; St. Thomas, 
U.S.V.I.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the waters of 
St. Thomas Harbor in St. Thomas, U.S. Virgin Islands during the V.I. 
Carnival Finale, a firework display. The event is scheduled to take 
place on Saturday, April 27, 2013, and will entail a barge being 
positioned near the St. Thomas Harbor channel from which fireworks will 
be lit. The safety zone is necessary to ensure the safety of vessels, 
spectators, and the public on the navigable waters of the United States 
during the event. Persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the safety zone 
unless authorized by the Captain of the Port San Juan.

DATES: This rule is effective on April 27, 2013, from 5 p.m. until 10 
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0085. 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 
March 14, 2013, in the Federal Register (78 FR 16208). 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 because it is impracticable to do 
so. The Coast Guard did not receive information from the event sponsor 
early enough to both publish a NPRM

[[Page 23490]]

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 an NPRM. This final rule is necessary to protect the 
public and commercial traffic during the firework display, and 
therefore, must be effective by the start of the event on April 27, 
2013.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    On April 27, 2013, Fireworks by Grucci and Left Lane Productions 
are sponsoring the V.I. Carnival Finale, a firework display event. The 
event will be held on the waters of St. Thomas Harbor, St. Thomas, U. 
S. Virgin Islands. Fireworks will be launched from a barge stationed 
near the St. Thomas Harbor channel.
    The purpose of the rule is to protect the public from the hazards 
associated with the launching of fireworks over navigable waters of the 
United States.

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.
    This safety zone encompasses waters in St. Thomas Harbor. The zone 
will be enforced from 5 p.m. until 10 p.m. on April 27, 2013. Persons 
and vessels are prohibited from entering, transiting through, anchoring 
in, or remaining within the safety zone unless authorized by the 
Captain of the Port.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the safety zone by contacting the 
Captain of the Port San Juan or a designated representative. If 
authorization to enter, transit through, anchor in, or remain within 
the safety zone is granted, 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 safety zone 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 proposed rule is not significant for 
the following reasons: (1) The safety zone will be enforced for only 
five hours; (2) persons and vessels 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 safety zone 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 safety zone 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 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 safety zone from 5 p.m. until 10 p.m. on 
April 27, 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 (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 
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.

[[Page 23491]]

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 a safety zone around a barge during a 
fireworks display will be enforced for five hours. This rule is 
categorically excluded under paragraph 34(g) 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

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


0
2. Add Sec.  165.T07-0085 to read as follows:


Sec.  165.T07-0085  Special Local Regulation; V.I. Carnival Finale, St. 
Thomas Harbor; St. Thomas, U.S. Virgin Islands.

    (a) Regulated Area. The following area is established as a safety 
zone: all waters within a 800 foot radius of 18[deg]20.200N, 
64[deg]55.200W. Coordinates are North American Datum 1983. Persons and 
vessels are prohibited from entering, transiting through, anchoring in, 
or remaining within the safety zone unless authorized by the Captain of 
the Port San Juan.
    (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 area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the safety zone, 
unless authorized by the Captain of the Port San Juan or those 
participating in the firework display.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or 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. If authorization 
is granted, all persons and vessels 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 safety zone by Local 
Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 5:00 p.m. 
until 10:00 p.m. on Saturday, April 27, 2013.

    Dated: April 5, 2013.
D.M. Flaherty,
Captain, U.S. Coast Guard, Acting Captain of the Port, San Juan.
[FR Doc. 2013-09199 Filed 4-18-13; 8:45 am]
BILLING CODE 9110-04-P