Special Local Regulation; 2013 International Rolex Regatta; St. Thomas Harbor; St. Thomas, U.S. Virgin Islands, 16780-16783 [2013-06253]
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Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
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consistent with the FAA’s intent and
with the certification practice both
before and after the adoption of the 2000
final rule.
Discussion of Comments
Two comments were received in the
docket during the comment period for
this final rule. The Boeing Company
expressed concern with a possible
increase in administrative burden of
establishing the certification basis for
changes it believes are significant at the
product level. Transport Canada (TCCA)
commented that it believes the final rule
changes the significance of the
assessment of the design change level
relative to the entire product.
Boeing provided recommendations for
changes to the preamble to the final rule
regarding § 21.101 and to the final rule
in general that it believes will
reestablish and clarify the original
intent of the regulation and concerns
regarding the associated administrative
burden to applicants. The FAA has
considered Boeing’s concerns and has
determined that Boeing’s
recommendations need to be further
evaluated before adoption. The FAA
believes the original intent of the 2012
final rule as published is acceptable for
clarifying an applicant’s responsibility
for showing compliance for the change
and the areas affected by the change.
TCCA suggested that the final rule
now has the unintended consequence of
allowing a design change to be
evaluated at an area, system,
component, equipment, or appliance
level only, rather than at the product
level. TCCA further suggested that the
final rule may lead to an interpretation
that multiple design changes could now
be evaluated individually for their
significance, instead of their total effect
on the product. TCCA believes the final
rule will put into question the
interpretation of what a significant
change is and recommends that the FAA
reconsider the rendering of the final
rule. TCCA noted that implementation
of the final rule may disrupt the
harmonized implementation of
pertinent regulations and guidance
material.
The FAA agrees that the evaluation of
a proposed design change needs to be at
the product level and considered the
effect of the final rule as it applied to
product level and the evaluation of
changes. However, it appears TCCA may
have misunderstood the purpose and
effect of the amendment and, as a result,
conflated two separate issues. The first
issue is the scope of the requirement of
§ 21.101 to show compliance. Prior to
the amendment, § 21.101(a) required
that the ‘‘changed product’’ must be
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shown to meet applicable requirements
in effect on the date of application.
‘‘Product’’ is defined in § 21.1 to mean
‘‘aircraft, aircraft engine, or propeller.’’
Taken literally, the scope of the
requirement to show compliance was
the entire product, including the
applicant’s proposed change. In
practice, applicants do not show that
the entire product complies with
applicable requirements; their
compliance showings, and the FAA’s
findings, relate only to the proposed
change and the areas affected by the
change. The purpose of this amendment
is simply to conform the wording of the
rule to this long-standing practice.
The second issue is what
requirements are applicable. Prior to
this amendment, § 21.101(b) and (c)
allowed the compliance showing to be
made to earlier versions of the latest
requirements if certain conditions are
met. However, taken literally, these
exceptions still required that the
applicant show that the entire product
complies at least with earlier versions of
those requirements. Limiting the scope
of this requirement eliminates the literal
requirement to show compliance for
areas not affected by the change.1
However, nothing in this amendment
changes the exceptions in § 21.101(b)
and (c) or the policies that have been
developed for applying them. For
example, the harmonized policy for
determining whether a change is
‘‘significant’’ is that this evaluation is
done at the ‘‘product level.’’ Under this
amendment, this policy is unchanged.
Similarly, precisely identifying the
scope of an applicant’s obligation to
show compliance does not affect the
existing requirement of § 21.101(b)(1)
that significance be evaluated in context
with all previous relevant design
changes. We continue to agree with
TCCA’s view that ‘‘the contribution to
safety and practicality principles of 14
1 Even
within ‘‘areas affected by the change,’’
there may be an ‘‘area, system, component,
equipment, or appliance’’ that is not affected.
Section 21.101(b)(2) allows applicants to show that
these meet the requirements of earlier amendments.
For example, in the preamble to the final rule, we
cited the following example of ‘‘areas affected by
the change’’: ‘‘changing an airframe’s structure,
such as adding a cargo door in one location, may
affect the frame or floor loading in another area.’’
But even within these broad areas, an applicant
may be able to show that certain portions of the area
are not affected (e.g., wiring in the area may not be
affected). As another example, if a passenger seat
fitting is changed, the structure of the seat is
affected, and thus §§ 25.561 and 25.562 would need
to be addressed (and probably some other structural
requirements). However, the seat fabric is not
affected, so § 25.853 would not need to be
addressed. This would allow the applicant to show
that these sub-areas meet earlier versions of the
applicable amendments.
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CFR 21.101 are intended to target a
measurable benefit at a product level.’’
The FAA finds that the original intent
of the existing changed product final
rule to apply to the evaluation of the
change’s particular effect on the total
product level is maintained with this
final rule. This rule is consistent with
the preamble’s goals and published
guidance and is implemented as
published on December 4, 2012.
Conclusion
After analyzing the comments
submitted in response to this final rule,
the FAA has determined that further
revisions to it are unnecessary at this
time. This determination is based on our
finding that this final rule is necessary
because it addresses the concern that
the wording of the requirement in the
2000 rule for a compliance showing was
too broad for an applicant for a major
design change. Again, this rulemaking
only clarifies the original intent of the
2000 final rule and makes the applicable
requirements reflect the reality of
existing practice. This rulemaking is not
a departure from or addition to what is
already being done by an applicant for
a compliance showing to the FAA in
this regard.
Issued in Washington, DC, on March 4,
2013.
Frank P. Paskiewicz,
Deputy Director, Aircraft Certification
Service.
[FR Doc. 2013–06306 Filed 3–18–13; 8:45 am]
BILLING CODE 4910–13–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
SUMMARY:
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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.
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 https://
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
Anthony.J.Cassisa@uscg.mil. 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:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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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
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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
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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.
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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).
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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.
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.
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.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
11. Indian Tribal Governments
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.
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6. Protest Activities
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
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2. Add a temporary § 100.35T07–1079
to read as follows:
■
§ 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°19.927 N, 64°55.973 W;
thence east to Point 2 in position
18°19.970 N, 64°55.769 W; thence
southeast to Point 3 in position
18°19.567 N, 64°55.594 W; thence south
to point 4 in position 18°19.133 N,
64°55.474 W; thence west to point 5 in
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position 18°19.133 N, 64°55.628 W;
thence north to point 6 in position
18°19.568 N, 64°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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R04–OAR–2012–0448; FRL–9791–1]
Approval and Promulgation of
Implementation Plans; Georgia;
Control Techniques Guidelines and
Reasonably Available Control
Technology
Environmental Protection
Agency (EPA).
ACTION: Correcting amendments.
Register approving Georgia State
Implementation Plan (SIP) revisions,
submitted through the Georgia
Environmental Protection Division (GA
EPD), related to reasonably available
control technology (RACT)
requirements. This correcting
amendment corrects errors in the nonregulatory Code of Federal Regulations
(CFR) language portion of the September
28, 2012, final approval. Specifically,
this correction pertains to negative
declarations made by GA EPD in its
October 21, 2009, SIP submittal for
certain source categories for which EPA
has issued control technique guidelines
(CTG). EPA’s September 28, 2012, final
rulemaking addressing Georgia’s RACT
revisions, approved the negative
declarations; however, they were
inadvertently omitted from the actual
CFR non-regulatory language at the end
of the final action.
DATES: Effective on March 19, 2013.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Jane
Spann may be reached by phone at (404)
562–9029 or by electronic mail address
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects an inadvertent omission
in EPA’s September 28, 2012, final
action approving Georgia’s RACT
submittals. On October 21, 2009,
Georgia submitted a SIP revision
containing, among other things, the
Atlanta Area RACT SIP. In this RACT
submittal Georgia lists CTG source
categories for which Georgia has rules or
has made negative declarations.1 On
July 31, 2012 (77 FR 45307), EPA
proposed approval of Georgia’s October
21, 2009, SIP revision, including the
negative declarations included therein.
In EPA’s September 28, 2012, final
action (77 FR 59554), EPA approved
Georgia’s October 21, 2009, submission,
including the list of Georgia rules and
negative declarations. Towards the end
of the September 28, 2012, final action,
EPA inadvertently omitted the list of
negative declarations in the CFR nonregulatory language. Today’s correcting
amendment will correct the CFR nonregulatory language to include the
following information. Georgia made
negative declarations in its October 21,
AGENCY:
On September 28, 2012, EPA
published a final rule in the Federal
SUMMARY:
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1 If no major sources of volatile organic
compounds (VOC) or nitrous oxides emissions
(each pollutant should be considered separately) in
a particular source category exist in an applicable
nonattainment area, a state may submit a negative
declaration for that category.
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16783
2009, SIP submittal related to the
following CTG source categories:
1. Control of Volatile Organic
Compound (VOC) Emissions from
Reactor Processes and Distillation
Operations in Synthetic Organic
Chemical Manufacturing Industry
(SOCMI) EPA–450/4–91–031, August
1993.
2. Control of VOC Emissions from
Equipment Leaks from Natural Gas/
Gasoline Processing Plants EPA–450/3–
83–007, December 1983.
3. Control of VOC Leaks from
Synthetic Organic Chemical Polymer
and Resin Manufacturing Equipment
EPA–450/3–83–006, March 1984.
4. Control of VOC Emissions from Air
Oxidation Processes in SOCMI, EPA–
450/3–84–015, December 1984.
EPA has determined that today’s
correcting action falls under the ‘‘good
cause’’ exemption in section
553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon
finding ‘‘good cause,’’ authorizes
agencies to dispense with public
participation where public notice and
comment procedures are impracticable,
unnecessary, or contrary to the public
interest. Public notice and comment for
this action is unnecessary because
today’s action simply makes a
correction to a previous inadvertent
omission in the non-regulatory text of
the CFR. EPA previously provided for
public notice and comment on the
substantive SIP revision approval. In
addition, EPA does not believe the
public would be interested in
commenting on the correction prior to
this action being finalized, since this
correction action does not change the
conclusion of EPA’s analysis or action
addressing approval of the Georgia
RACT rules.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s action
simply corrects an inadvertent omission
in the CFR of a small portion of a SIP
revision that EPA previously
substantively approved. For these
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]]>Agencies
[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16780-16783]
From the Federal Register Online via the Government Printing 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 https://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
Anthony.J.Cassisa@uscg.mil. 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
