[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Proposed Rules]
[Pages 59675-59678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23255]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0794]
RIN 1625-AA08


Special Local Regulation; Crown Bay, Charlotte Amalie, U.S. 
Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local

[[Page 59676]]

regulation for the St. Thomas Lighted Boat Parade marine event for 
certain navigable waters of Crown Bay, Haulover Cut, and Charlotte 
Amalie Harbor, St. Thomas, U.S. Virgin Islands. This action is 
necessary to protect personnel, vessels, and the marine environment 
from potential hazards created by the lighted boat parade. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port San Juan.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 29, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0794 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Christopher O'Connor, Sector San 
Juan Prevention Department, Waterways Management Division U.S. Coast 
Guard; telephone 787-729-2374, email [email protected].

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, Purpose, and Legal Basis

    On July 13, 2021, the St. Thomas/St. John Chamber of Commerce 
notified the Coast Guard that it would be conducting a Christmas 
Lighted Boat Parade from 6:30 to 9 p.m., on December 17, 2021. The 
lighted boat parade will begin in Crown Bay, move east through Haulover 
Cay, reach the Charlotte Amalie Harbor and then back to the original 
point. Hazards from the lighted boat parade include accidental 
collision with other participants' vessels or marine species due to 
limited visibility. The Captain of the Port San Juan (COTP) has 
determined that potential hazards associated with marine parade event 
will pose a safety concern for any persons and vessels within the 
regulated area.
    The purpose of this action is to ensure safety of the event 
participants, vessels and the marine environment in the navigable 
waters of Crown Bay, Haulover Clay and Charlotte Amalie Harbor, St. 
Thomas, U.S. Virgin Islands (USVI), during the St. Thomas Lighted Boat 
Parade. The Coast Guard is proposing this rulemaking under authority in 
46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary special local 
regulation on certain navigable waters of the Crown Bay, Haulover Cut, 
and Charlotte Amalie Harbor, St. Thomas, USVI during the St. Thomas 
Lighted Boat Parade from 6:30 p.m. through 9:00 p.m., on December 17, 
2021. 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 through Cay Bay, thence east towards the Coast Guard Base in 
Kings Warf and thence back through the same route to the beginning 
position. All coordinates are North American Datum 1983. The duration 
of the zone is intended to ensure the safety of vessels and navigable 
waters of Crown Bay, Haulover Clay and Charlotte Amalie Harbor, St. 
Thomas, USVI before, during, and after the scheduled 6:30 p.m. until 9 
p.m. lighted boat parade. All persons and non-participating vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. 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 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. The 
regulated area will affect a small-designated area of Crown Bay, 
Haulover Cut, and St. Thomas Harbor, St. Thomas, USVI, during the event 
and thus is limited in scope. The temporary special local regulation 
will be enforced for only a total period of 2.5 hours and thus is 
limited in time, and during the evening when vessel traffic is normally 
low. 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. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule would allow vessels to seek permission to enter 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 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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.

[[Page 59677]]

    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 proposed 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. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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

F. Environment

    We have analyzed this proposed 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 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 a 
regulated area in conjunction with a regatta or marine parade to ensure 
the safety of vessels, spectators, and the public during the event 
lasting only 2.5 hours that will prohibit entry within 100-ft 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 during the Lighted Boat Parade. 
Normally such actions are categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG- 2021-0794 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGAGLE 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   Special Local Regulation Safety zones; St. Thomas 
Lighted Boat Parade, Crown Bay, Haulover Cut and Charlotte Amalie 
Harbor, St. Thomas, U.S. Virgin Islands.

    (a) Regulated Area. 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

[[Page 59678]]

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 Haulouver 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) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port San Juan (COTP) in 
the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as participants in the race.
    (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.
    (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 17, 2021, unless sooner terminated by the 
COTP San Juan.

Gregory H. Magee
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-23255 Filed 10-27-21; 8:45 am]
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