[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Proposed Rules]
[Pages 35593-35596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13994]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0295]
RIN 1625-AA08


Special Local Regulation; Christmas Boat Parade, San Juan Harbor; 
San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposes to establish a special local 
regulation on the waters of San Juan Harbor in San Juan, Puerto Rico 
during the Christmas Boat Parade, a Boat Parade. The event is scheduled 
to take place on Saturday, December 14, 2013. Approximately 35 boats 
are anticipated to participate in the Boat Parade, and no spectator 
vessels are anticipated to be present during the event. The special 
local regulation is necessary to provide for the safety of life on the 
navigable waters of the United States during the event. The special 
local regulation establishes a Parade Route, where all persons and 
vessels, except those persons and vessels who are participating in the 
parade, will be 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: Comments and related material must be received by the Coast 
Guard on or before July 15, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before June 20, 2013.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Efrain Lopez, Sector San Juan Prevention Department, 
Coast Guard; telephone (787) 289-2097, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2013-0295 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by

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11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0295 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73, FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one or before June 20, 2013 using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    The current regulations under 33 CFR 100 address safety for 
reoccurring marine events. This marine event does not appear in the 
current regulations; however, as it is a regulation to provide 
effective control over regattas and marine parades on the navigable 
waters of the United States so as to ensure safety of life in a regatta 
or marine parade, this marine event needs to be temporarily added.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish special local regulations: 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 Christmas Boat Parade.

D. Discussion of Proposed Rule

    On December 14, 2013, Club Nautico de San Juan is sponsoring the 
Christmas Boat Parade. The event will be held on the waters of San Juan 
Harbor in San Juan, Puerto Rico. Approximately 35 boats are anticipated 
to participate in the event, and it is not anticipated that there will 
be any spectator vessels present.
    The proposed rule would establish a special local regulation that 
will encompass certain waters of San Juan Harbor in San Juan, Puerto 
Rico. The special local regulation will be enforced from 5 p.m. until 8 
p.m. on December 14, 2013. The special local regulation will establish 
a Parade Route, where all persons and vessels, except those persons and 
vessels participating in the parade will be prohibited from entering, 
transiting through, anchoring in, or remaining within the area 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 Parade Route by contacting the 
Captain of the Port San Juan by telephone at (787) 289-2041, or through 
a designated representative via VHF radio on channel 16. If 
authorization to enter, transit through, anchor in, or remain within 
the Parade Route 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 regulation by Local Notice to 
Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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; (2) although non-participant persons and vessels 
will not be able to enter, transit through, anchor in, or remain within 
the parade route 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 
Parade Route 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 regulation 
to the local maritime community by Local Notice to Mariners and 
Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 San Juan Harbor encompassed within the special local 
regulation from 5 p.m. until 8 p.m. on December 14, 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule. If the rule would affect 
your small business, organization, or governmental

[[Page 35595]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed rule involves the 
creation of a special local regulation issued in conjunction with a 
regatta or marine parade to ensure the safety of race participants, 
participant vessels, spectators, and the general public during the 
event. This rule is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A 
preliminary 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 proposed 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 proposes 
to amend 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.  100.35T07-0295 to read as follows: Sec.  Sec.  
100.35T07-0295 Special Local Regulation; Christmas Boat Parade, San 
Juan Harbor; San Juan, PR
    (a) Regulated Area. The following regulated area is established as 
a special local regulation. All coordinates are North American Datum 
1983.
    (1) Parade Route. All waters of San Juan Harbor within a moving 
zone that will begin at Club Nautico de San Juan, move towards El Morro 
and then return, to Club Nautico de San Juan; this zone will at all 
times extend 50 yards in front of the lead vessel, 50 yards behind the 
last vessel, and 50 yards out from all participating vessels. All 
persons and vessels, except those persons participating in the parade, 
are prohibited from entering, transiting through, anchoring in, or 
remaining within the parade route.
    (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, except those persons participating in 
the parade, are prohibited from entering, transiting through, anchoring 
in, or remaining within the parade route.
    (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 by the

[[Page 35596]]

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 regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 5 p.m. until 
8 p.m. on December 14, 2013.

    Dated: April 23, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-13994 Filed 6-12-13; 8:45 am]
BILLING CODE 9110-04-P