Special Local Regulations; Recurring Marine Events in the Seventh Coast Guard District; St. Croix, U.S.V.I., 22777-22778 [2013-09033]
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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
representatives to appear before the
agency in representative capacities and
have regulated their appearance without
requiring an application or a license to
do so and without restricting the issues
covered by either type of representative.
This rule does not change that practice
in any respect. The rule expressly
identifies persons who may appear
before the agency, including both
attorneys and non-attorney
representatives, and identifies possible
sanctions for misconduct by such
representatives. Nothing presently
precludes the Department from
disciplining any representatives
including attorneys who appear before
it. Indeed, both attorneys and nonattorney representatives have been
subject to possible discipline for years
for violation of the Department’s APO
procedures. The Department recognizes
that some agencies require certain nonattorney practitioners to enroll to
practice before them (for instance, ATF).
Trade remedies, however, is not a
regulated industry warranting such
enrollment.
The Department shares the concern
expressed by one commenter that this
rule may not remedy misconduct by all
practitioners, specifically those who do
not operate in the United States. To the
extent a foreign non-attorney
representative (a foreign attorney, not
licensed in the United States, a U.S.
possession or territory, may not appear
as an attorney in Department
proceedings and may only appear as a
non-attorney representative) is found to
have violated the rule, he or she will be
subject to the same disciplinary
sanctions by the Department as U.S.
non-attorney representatives. Depending
upon the nature of the misconduct, such
an individual may thus receive a
reprimand, a suspension for a period of
time or disbarment from appearing
before the agency and with respect to
the latter two, would not be permitted
to appear before the Department or sign
submissions filed with the Department.
To the extent a commenter is concerned
that the suspended or disbarred foreign
non-attorney representative could then
begin to work for other companies
behind the scenes, we agree that the
Department’s ability to police such
matters is limited; however, the
Department expects that any such cases
would be exceptional and will seek to
address them consistent with their
particular facts.
With respect to disciplining attorneys
who appear before the Department,
many federal agencies undertake similar
endeavors. We agree that relevant Bar
associations and Bar counsel are well
able to discipline attorneys and the
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Department expects to refer the names
of attorneys that the Department
determines have engaged in misconduct
to the appropriate Bar counsel.
Classification
Executive Order 12866
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act, 5 USC 601 et seq., the
Chief Counsel for Regulation at the
Department of Commerce certified to
the Chief Counsel for Advocacy, Small
Business Administration, at the
proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. No comments were received
regarding the economic impact of this
rule. As a result, the conclusion in the
proposed rule remains unchanged and a
final regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 19 CFR Part 351
Administrative practice and
procedure, Antidumping duties,
Countervailing duties.
Dated: April 11,2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
For the reasons stated above, the
Department amends 19 CFR part 351 as
follows:
PART 351—ANTIDUMPING AND
COUNTERVAILING DUTIES
1. The authority citation for 19 CFR
part 351 continues to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 1202
note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et
seq.; and 19 U.S.C. 3538.
2. Add § 351.313 to subpart C to read
as follows:
■
§ 351.313
Attorneys or representatives.
In general. No register of attorneys or
representatives who may practice before
the Department is maintained. No
application for admission to practice is
required. Any person desiring to appear
as attorney or representative before the
Department may be required to show to
the satisfaction of the Secretary his
acceptability in that capacity. Any
attorney or representative practicing
before the Department, or desiring so to
practice, may for good cause shown be
suspended or barred from practicing
before the Department, or have imposed
on him such lesser sanctions (e.g.,
public or private reprimand) as the
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Secretary deems appropriate, but only
after he has been accorded an
opportunity to present his views in the
matter. The Department will maintain a
public register of attorneys and
representatives suspended or barred
from practice. ‘‘Attorney’’ pursuant to
this subpart and ‘‘legal counsel’’ in
§ 351.303(g) have the same meaning.
‘‘Representative’’ pursuant to this
subpart and in § 351.303(g) has the same
meaning.
[FR Doc. 2013–09041 Filed 4–16–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2013–0161]
Special Local Regulations; Recurring
Marine Events in the Seventh Coast
Guard District; St. Croix, U.S.V.I.
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the special local regulation for the
Ironman St. Croix 70.3 Triathlon from 5
a.m. until 10 a.m. on May 5, 2013. This
action is necessary to ensure safety of
life on navigable waters of the United
States during the Ironman St. Croix 70.3
Triathlon. During the enforcement
period, the special local regulation will
consist of a race area, which will
exclude the presence of any and all non
race participants and non safety vessels.
Non-participants and non safety vessels
will be prohibited from entering,
transiting through, anchoring in, or
remaining within the area unless
authorized by the Captain of the Port
San Juan or a designated representative.
DATES: This regulation will be enforced
from 5 a.m. until 10 a.m. on May 5,
2013.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email CWO Anthony Cassisa, Sector San
Juan Prevention Department, Coast
Guard; telephone (787) 289–2073, email
Anthony.J.Cassisa@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation pertaining to a Half Ironman
Triathlon on the first Sunday in May for
the annual Ironman St. Croix 70.3
Triathlon, located in 33 CFR 100.701
Table 1 from 5 a.m. until 10 a.m. on
May 5, 2013. The 2013 event is
sponsored by Project St. Croix, Inc.
SUMMARY:
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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 Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22777-22778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09033]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-0161]
Special Local Regulations; Recurring Marine Events in the Seventh
Coast Guard District; St. Croix, U.S.V.I.
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce the special local regulation for
the Ironman St. Croix 70.3 Triathlon from 5 a.m. until 10 a.m. on May
5, 2013. This action is necessary to ensure safety of life on navigable
waters of the United States during the Ironman St. Croix 70.3
Triathlon. During the enforcement period, the special local regulation
will consist of a race area, which will exclude the presence of any and
all non race participants and non safety vessels. Non-participants and
non safety vessels will be prohibited from entering, transiting
through, anchoring in, or remaining within the area unless authorized
by the Captain of the Port San Juan or a designated representative.
DATES: This regulation will be enforced from 5 a.m. until 10 a.m. on
May 5, 2013.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO Anthony Cassisa, Sector San Juan Prevention
Department, Coast Guard; telephone (787) 289-2073, email
Anthony.J.Cassisa@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation pertaining to a Half Ironman Triathlon on the first
Sunday in May for the annual Ironman St. Croix 70.3 Triathlon, located
in 33 CFR 100.701 Table 1 from 5 a.m. until 10 a.m. on May 5, 2013. The
2013 event is sponsored by Project St. Croix, Inc.
[[Page 22778]]
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.
[FR Doc. 2013-09033 Filed 4-16-13; 8:45 am]
BILLING CODE 9110-04-P
