Safety Zone; Corp. Event Finale UHC, St. Thomas Harbor; St. Thomas, U.S.V.I., 22778-22780 [2013-09027]
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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
[FR Doc. 2013–09033 Filed 4–16–13; 8:45 am]
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:
BILLING CODE 9110–04–P
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Under the provisions of 33 CFR
100.701, a vessel may not enter the
regulated area, unless it receives
permission from the COTP. Vessels may
safely transit outside the regulated area,
but may not anchor, block, loiter in, or
impede the race participants or official
patrol vessels. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 100.701 and 5 U.S.C. 552 (a).
The Coast Guard will provide notice of
the regulated areas by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
Dated: April 5, 2013.
D.M. Flaherty,
Captain, U.S. Coast Guard, Acting Captain
of the Port, San Juan.
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0086]
RIN 1625–AA00
Safety Zone; Corp. Event Finale UHC,
St. Thomas Harbor; St. Thomas,
U.S.V.I.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the waters
of St. Thomas Harbor in St. Thomas,
U.S. Virgin Islands during the Corp.
Event Finale UHC, a firework display.
The event is scheduled to take place on
Wednesday, April 24, 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 from 8:00
p.m. until 10:00 p.m. on April 24, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0086. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
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SUMMARY:
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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
16211). 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. As
such, it is impracticable to delay the
effective date by 30 days. 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 24,
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 24, 2013, Fireworks by
Grucci and Left Lane Productions are
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sponsoring the Corp. Event Finale UHC,
a firework display event. The event will
be held on the waters of St. Thomas
Harbor, St. Thomas, U. S. Virgin Islands.
The 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 is
effective from 8 p.m. until 10 p.m. on
April 24, 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 rule is
not significant for the following reasons:
(1) The safety zone will be enforced for
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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
only two 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.
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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 8 p.m. until 10 p.m. on April 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 (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
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15:11 Apr 16, 2013
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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
INTFORMATION 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
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22779
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, that will be enforced for two
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
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22780
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
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
1. The authority citation for part 165
continues to read as follows:
(d) Enforcement Date. This rule will
be enforced on Wednesday, April 24,
2013, from 8:00 p.m. until 10:00 p.m.
Dated: April 5, 2013.
D.M. Flaherty,
Captain, U.S. Coast Guard, Acting, Captain
of the Port San Juan.
[FR Doc. 2013–09027 Filed 4–16–13; 8:45 am]
BILLING CODE 9110–04–P
■
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.
DEPARTMENT OF EDUCATION
2. Add § 165.T07–0086 to read as
follows:
Final Priority; National Institute on
Disability and Rehabilitation
Research—Disability and
Rehabilitation Research Projects and
Centers Program—Rehabilitation
Engineering Research Centers
■
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§ 165.T07–0086 Special Local Regulation;
Corp. Event Finale UHC, St. Thomas
Harbor; St. Thomas, U. S. Virgin Islands.
(a) Regulated Area. The following
regulated area is established as a safety
zone: All waters within an 800 foot
radius of 18°18.205 N, 64°55.556 W. All
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 U.S. Coast Guard
Patrol Commanders, including U.S.
Coast Guard coxswains, petty officers,
and other officers operating U.S. 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 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 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 U.S. Coast Guard will provide
notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
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15:11 Apr 16, 2013
Jkt 229001
34 CFR Chapter III
[CFDA Number: 84.133E–1]
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority for a
Rehabilitation Engineering Research
Center (RERC) on Hearing Enhancement
under the Disability and Rehabilitation
Research Projects and Centers program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). The Assistant
Secretary may use this priority for a
competition in fiscal year (FY) 2013 and
later years. We take this action to focus
research attention on areas of national
need. We intend to use this priority to
improve outcomes for individuals with
disabilities.
DATES: Effective Date: This priority is
effective May 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5133, Potomac Center Plaza
(PCP), Washington, DC 20202–2700.
Telephone: (202) 245–7532 or by email:
marlene.spencer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: This
notice of final priority is in concert with
NIDRR’s currently approved Long-Range
Plan (Plan). The Plan, which was
published in the Federal Register on
April 4, 2013 (78 FR 20299), can be
accessed on the Internet at the following
site: www.ed.gov/about/offices/list/
osers/nidrr/policy.html.
SUMMARY:
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Through the implementation of the
Plan, NIDRR seeks to improve the health
and functioning, employment and
community living and participation of
individuals with disabilities through
comprehensive programs of research,
engineering, training, technical
assistance, and knowledge translation
and dissemination. The Plan reflects
NIDRR’s commitment to quality,
relevance and balance in its programs to
ensure appropriate attention to all
aspects of well-being of individuals
with disabilities and to all types and
degrees of disability, including
individuals with low incidence and
severe disability. This notice announces
a priority that NIDRR intends to use for
an RERC competition in FY 2013 and
possibly later years. However, nothing
precludes NIDRR from publishing
additional priorities, if needed.
Furthermore, NIDRR is under no
obligation to make an award for this
priority. The decision to make an award
will be based on the quality of
applications received and available
funding.
Purpose of Program: The purpose of
the Disability and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
demonstration projects, training, and
related activities, including
international activities, to develop
methods, procedures, and rehabilitation
technologies that maximize the full
inclusion and integration of individuals
with disabilities into society, and
support the employment, independent
living, family support, and economic
and social self-sufficiency of individuals
with disabilities, especially individuals
with the most severe disabilities; and to
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act).
Rehabilitation Engineering Research
Centers (RERCs) Program The purpose
of NIDRR’s RERCs program, which is
funded through the Disability and
Rehabilitation Research Projects and
Centers Program, is to improve the
effectiveness of services authorized
under the Rehabilitation Act. It does so
by conducting advanced engineering
research, developing and evaluating
innovative technologies, facilitating
service delivery system changes,
stimulating the production and
distribution of new technologies and
equipment in the private sector, and
providing training opportunities. RERCs
seek to solve rehabilitation problems
and remove environmental barriers to
improvements in employment,
community living and participation,
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]]>Agencies
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22778-22780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09027]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0086]
RIN 1625-AA00
Safety Zone; Corp. Event Finale UHC, St. Thomas Harbor; St.
Thomas, U.S.V.I.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 Corp.
Event Finale UHC, a firework display. The event is scheduled to take
place on Wednesday, April 24, 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 from 8:00 p.m. until 10:00 p.m. on April
24, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0086. 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
March 14, 2013, in the Federal Register (78 FR 16211). 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. As such, it is impracticable to delay the
effective date by 30 days. 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 24,
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 24, 2013, Fireworks by Grucci and Left Lane Productions
are sponsoring the Corp. Event Finale UHC, a firework display event.
The event will be held on the waters of St. Thomas Harbor, St. Thomas,
U. S. Virgin Islands. The 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
is effective from 8 p.m. until 10 p.m. on April 24, 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 rule is not significant for the
following reasons: (1) The safety zone will be enforced for
[[Page 22779]]
only two 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 8 p.m. until 10 p.m. on
April 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 (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
INTFORMATION 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 a safety zone around a barge during a
fireworks display, that will be enforced for two 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
[[Page 22780]]
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.T07-0086 to read as follows:
Sec. 165.T07-0086 Special Local Regulation; Corp. Event Finale UHC,
St. Thomas Harbor; St. Thomas, U. S. Virgin Islands.
(a) Regulated Area. The following regulated area is established as
a safety zone: All waters within an 800 foot radius of 18[deg]18.205 N,
64[deg]55.556 W. All 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 U.S.
Coast Guard Patrol Commanders, including U.S. Coast Guard coxswains,
petty officers, and other officers operating U.S. 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 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 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 U.S. 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 on Wednesday,
April 24, 2013, from 8:00 p.m. until 10:00 p.m.
Dated: April 5, 2013.
D.M. Flaherty,
Captain, U.S. Coast Guard, Acting, Captain of the Port San Juan.
[FR Doc. 2013-09027 Filed 4-16-13; 8:45 am]
BILLING CODE 9110-04-P
