Special Local Regulation; St. Thomas Lighted Boat Parade, St. Thomas, U.S. Virgin Island, 70014-70017 [2019-27526]
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Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Rules and Regulations
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2018)), we encouraged the public to
comment on our changes. We received
written comments from the Public
Defender Service for the District of
Columbia (PDS) and one anonymous
comment. We discuss those public
comments below.
Public Comment From the Public
Defender Service
PDS objects to amending § 2.25 to
include parole termination hearings,
and renews its prior objections to the
use of videoconference for probable
cause hearings. PDS’s comments, both
past and present, characterize
videoconference as a barrier to due
process which unjustifiably denies a
subject the opportunity to appear in
person before the Commission. The
Commission does not agree with this
proposition. Termination hearings are
limited in scope. Unlike revocation
hearings, when all facets of the case are
explored, witnesses testify, and the
status of the offender is finally
determined, the purpose of a
termination hearing is to obtain
information regarding the parolee’s
conduct in the community. The liberty
interest implicated in a revocation
hearing is not implicated in a
termination hearing. At a termination
hearing, the subject does not face the
possibility of a loss of freedom as a
result of termination being denied. See
Henderson v. Sims, 223 F.3d 267, 274
(4th Cir. 2000); Little v. Thomas, 719
F.2d 50, 52 (3d Cir. 1982). Further, there
is no constitutional or statutory
entitlement to early termination of
parole supervision. See Myers v. U.S.
Parole Comm’n, 813 F.2d 957, 960 (9th
Cir. 1987). Thus, the fact that the
parolee’s appearance for the termination
hearing will be by videoconference does
not violate due process.
PDS recommends that termination
hearings only be conducted by
videoconference in circumstances
where either distance or physical
hardship renders the subject unable to
appear in person. While the
Commission agrees that
videoconferencing may be appropriate
in the circumstances described by PDS,
the Commission does not agree that the
rule should be so narrow. It is within
the Commission’s discretion to
determine when conducting a
termination hearing by videoconference
is appropriate.
PDS also raises concerns about
technological issues, stating that
experiencing technical difficulties
during a hearing would completely
undermine the value of having a hearing
at all. Over the years, the Commission’s
experience has been that the quality of
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the transmission has improved and the
personal interactions among the hearing
participants does not appreciably
decline with the use of
videoconferencing.
Anonymous Comment
The Commission also received an
anonymous comment in support the use
of videoconferencing for parole
termination hearings. The comment,
while acknowledging the issue of losing
face-to-face contact, described the
amendment as a logical practice that
will increase the efficiency of the
termination process.
Executive Orders 12866 and 13563
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulation Planning and
Review,’’ section 1(b), Principles of
Regulation, and in accordance with
Executive Order 13565, ‘‘Improving
Regulation and Regulatory Review,’’
section 1(b), General Principles of
Regulation. The Commission has
determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review, and
accordingly this rule has not been
reviewed by the Office of Management
and Budget.
Business Regulatory Enforcement
Fairness Act of 1996 Subtitle E—
Congressional Review Act, now codified
at 5 U.S.C. 804(2). The rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on the ability
of United States-based companies to
compete with foreign-based companies.
Moreover, this is a rule of agency
practice or procedure that does not
substantially affect the rights or
obligations of non-agency parties, and
does not come within the meaning of
the term ‘‘rule’’ as used in Section
804(3)(C), now codified at 5 U.S.C.
804(3)(C). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
List of Subjects in 28 CFR Part 2
Administrative practice and
procedure, Prisoners, Probation and
Parole.
The Final Rule
Accordingly, the U. S. Parole
Commission adopts the interim rule
amending 28 CFR part 2, which was
published at 83 FR 58500 on November
20, 2018, as final without change.
■
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
Executive Order 13132
[FR Doc. 2019–27340 Filed 12–19–19; 8:45 am]
This rule will not have substantial
direct effects 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. Under Executive
Order 13132, this rule does not have
sufficient federalism implications
requiring a Federalism Assessment.
BILLING CODE 4410–31–P
Regulatory Flexibility Act
RIN 1625–AA08
The rule will not have a significant
economic impact upon a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 605(b).
Unfunded Mandates Reform Act of
1995
The rule will not cause State, local, or
tribal governments, or the private sector,
to spend $100,000,000 or more in any
one year, and it will not significantly or
uniquely affect small governments. No
action under the Unfunded Mandates
Reform Act of 1995 is necessary.
Small Business Regulatory Enforcement
Fairness Act of 1996 (Subtitle E—
Congressional Review Act)
These rule is not a ‘‘major rule’’ as
defined by Section 804 of the Small
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0945]
Special Local Regulation; St. Thomas
Lighted Boat Parade, St. Thomas, U.S.
Virgin Island
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for the St. Thomas Lighted Boat Parade
marine event. The special local
regulation is for certain navigable waters
of Crown Bay, Haulover Cay, and St.
Thomas Harbor, St. Thomas, U.S. Virgin
Islands. The special local regulation is
necessary to ensure the safety of vessels,
spectators, and public during the event.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
San Juan or a designated representative.
SUMMARY:
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This rule is effective without
actual notice from 6:30 p.m. until 9:00
p.m. on December 20, 2019.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0945 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email LCDR Pedro L. Mendoza,
Waterways Management Division, U.S.
Coast Guard; telephone 787–691–7058,
email Pedro.L.Mendoza@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard did not receive notice of
the marine event from involved parties
with sufficient time to publish a NPRM
and to receive public comments prior to
the event. It is impracticable to publish
an NPRM because the Coast Guard did
not receive notice of the boat parade
until December 4, 2019, and the special
local regulation is needed for December
20, 2019. This action is necessary for the
protection of life and property on the
navigable waters of the United States.
Therefore, it would be contrary to the
public interest to postpone establishing
this temporary special local regulation.
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 for the same reason discussed
above.
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III. Legal Authority and Need for Rule
V. Regulatory Analyses
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
purpose of this rule is to ensure safety
of the event participants, vessels and the
navigable waters of Crown Bay,
Haulover Clay and St. Thomas Harbor,
St. Thomas, U.S. Virgin Islands (USVI),
during the St. Thomas Lighted Boat
Parade. The Captain of the Port (COTP)
has determined that potential hazards
associated with the marine parade event
will pose a safety concern for any
persons and vessels within the regulated
area.
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation on certain
navigable waters of the Crown Bay,
Haulover Cay, and St. Thomas Harbor,
St. Thomas, USVI during the St. Thomas
Lighted Boat Parade from 6:30 p.m.
until 9:00 p.m. on December 20, 2019.
The regulated area will encompass all
waters within a 100-foot radius of
participating vessels, beginning with the
lead vessel, ending with the last
participating vessel, and at all times
extending 100-feet on either side of the
parade vessels. The parade route consist
of a course that starts at Crown Bay
Marina in potion 18°19′986″ N,
64°57′088″ W; proceeds thence east
through Haulover Cut, thence northeast
throu Cay Bay, thence east towards the
Coast Guard Base in Kings Wharf and
thence back through the same route to
the beginning position. All coordinates
are North American Datum 1983.
The special local regulation is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters during the power boat
races. All persons and non-participating
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the COTP San Juan
or a designated representative. Persons
and vessels may request authorization to
enter, transit through, anchor in, or
remain within the regulated area by
contacting the COTP San Juan or a
designated representative. If
authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP San Juan or a designated
representative. The Coast Guard will
provide notice of the regulated area by
Local Notice to Mariners, Broadcast
Notice to Mariners, and/or by on-scene
designated representatives.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the regulated area. The
regulated area will impact a small
designated area of Crown Bay, Haulover
Cay, and St. Thomas Harbor, St.
Thomas, USVI, during the event and
thus is limited in scope. The special
local regulation will be enforced for
only a total period of 2.5 hours and thus
is limited in time. Although persons and
vessels will not be able to enter, transit
through, anchor in, or remain within the
zone without authorization from the
Captain of the Port San Juan or a
designated representative, they may
operate in the surrounding area during
the enforcement period. The rule will
allow vessels to seek permission to enter
the regulated area. Persons and vessels
may still enter, transit through, anchor
in, or remain within the regulated area
during the enforcement period if
authorized by the Captain of the Port
San Juan or a designated representative.
The Coast Guard will issue a Local
Notice to Mariners and a Broadcast
Notice to Mariners, allowing mariners to
make alternative plans or seek
permission to transit the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
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fields, and governmental jurisdictions
with populations of less than 50,000.
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.
While some owners or operators of
vessels intending to enter, transit
through, anchor in, or remain witin the
regulated area may be small entities, for
the reason stated in section V. A. above,
this rule will not have a significate
economic impact on any vessel owner
or operator.
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
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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C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
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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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
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
creation of a regulated area in
conjunction with a regatta or marine
parade to ensure the safety of vessels,
spectators, and the public during the
event. It is categorically excluded from
further review under paragraph L61 in
Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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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: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T799–0945 to read as
follows:
■
§ 100.T799–0945 Safety zones; St. Thomas
Lighted Boat Parade, Crown Bay, Haulover
Cut and St. Thomas Harbor, St. Thomas,
U.S. Virgin Islands
(a) Location. The following area is a
special local regulation: All waters
within a 100-foot radius in front of the
lead parade vessel, 100-feet behind the
last participating parade vessel, and at
all times extending 100-feet on either
side of participating parade vessels. The
St. Thomas Lighted Boat Parade consists
of a course that starts at Crown Bay
Marina in position 18°19′986″ N,
64°57′088″ W; proceeds thence east
through Haulover Cut, thence northeast
through Cay Bay, thence east towards
the Coast Guard Base in Kings Wharf
and thence west back through the same
route to the beginning position. All
coordinates are North American Datum
1983.
(b) 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
non-participant vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within the
regulated area unless authorized by the
COTP San Juan or a designated
representative.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the COTP
San Juan by telephone at (787) 289–
2041, or a designated representative via
VHF radio on channel 16. If
authorization is granted by the COTP
San Juan or a designated representative,
all persons and vessels receiving such
authorization must comply with the
instructions of the COTP San Juan or a
designated representative.
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(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced from 6:30 p.m. until 9:00
p.m. on December 20, 2019, unless
sooner terminated by the COTP San
Juan.
II. Background Information and
Regulatory History
33 CFR Part 165
On August 15, 2019, the City of
Valdez notified the Coast Guard that
from 10 to 10:30 p.m. on December 31,
2019, it will be conducting a fireworks
display launched from Sea Otter Park
located next to the entrance of the Small
Boat Harbor in the Port of Valdez, AK.
In response, on November 13, 2019, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Port Valdez, Valdez, AK
(84 FR 61583). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
December 13, 2019, we received one
comment.
[Docket Number USCG–2019–0727]
III. Legal Authority and Need for Rule
RIN 1625–AA00
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port of Valdez (COTP)
has determined that potential hazards
associated with the fireworks to be used
in this December 31, 2019 display will
be a safety concern for anyone within a
150-yard radius of the fireworks
launching site. The purpose of this rule
is to ensure safety of vessels and the
navigable waters in the safety zone
before, during, and after the scheduled
event.
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. Delaying the effective date of
this rule would be impracticable
because the fireworks event is
scheduled to take place in celebration of
the New Year, on December 31, 2019.
Accordingly, this fireworks event will
take place before thirty days from the
date this final rule is published. It is,
therefore, necessary for public safety to
make this rule effective less than 30
days after publication in the Federal
Register.
Dated: December 16, 2019.
E.P. King,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2019–27526 Filed 12–19–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Safety Zone; Port Valdez, Valdez, AK
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters, from the surface to
seabed, within a 150 yard radius of the
fireworks launching point located at Sea
Otter Park in position 61°07′22″ North
and 146°21′13″ West in the vicinity of
the mouth of the Small Boat Harbor,
Port of Valdez, Alaska, to limit access
for the duration of the New Year’s
fireworks display. The purpose of the
safety zone is to ensure the safety of
mariners and vessels during the
fireworks display.
DATES: This rule is effective on
December 31, 2019, from 9:30 p.m. local
time through 11:00 p.m. local time.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0727 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
MST2 Chelsea M. Zimmerman, U.S.
Coast Guard; telephone (907) 835–7233,
email chelsea.m.zimmerman@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
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Jkt 250001
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
November 13, 2019. The comment was
in support of this regulation and no
issues were raised. In this temporary
final rule, we are making one change
from the NPRM. Due to an
administrative error, the proposed
regulation in the NPRM did not include
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70017
the enforcement period for the safety
zone. We are correcting that error in this
final rule by adding the following
enforcement period in the regulation:
9:30 p.m. to 11:00 p.m. local time on
December 31, 2019.
This rule establishes a safety zone
from 9:30 to 11:00 p.m. on December 31,
2019. The safety zone will cover all
navigable waters within 150 yards of the
launching site at Sea Otter Park, located
near the entrance of the Small Boat
Harbor in the Port of Valdez, AK. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 10 to 10:30 p.m.
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic is rare and normally low
for this time of year at the Port of
Valdez. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
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]]>Agencies
[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 70014-70017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27526]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0945]
RIN 1625-AA08
Special Local Regulation; St. Thomas Lighted Boat Parade, St.
Thomas, U.S. Virgin Island
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
the St. Thomas Lighted Boat Parade marine event. The special local
regulation is for certain navigable waters of Crown Bay, Haulover Cay,
and St. Thomas Harbor, St. Thomas, U.S. Virgin Islands. The special
local regulation is necessary to ensure the safety of vessels,
spectators, and public during the event. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port San Juan or a designated representative.
[[Page 70015]]
DATES: This rule is effective without actual notice from 6:30 p.m.
until 9:00 p.m. on December 20, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0945 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Pedro L. Mendoza, Waterways Management Division,
U.S. Coast Guard; telephone 787-691-7058, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
notice of the marine event from involved parties with sufficient time
to publish a NPRM and to receive public comments prior to the event. It
is impracticable to publish an NPRM because the Coast Guard did not
receive notice of the boat parade until December 4, 2019, and the
special local regulation is needed for December 20, 2019. This action
is necessary for the protection of life and property on the navigable
waters of the United States. Therefore, it would be contrary to the
public interest to postpone establishing this temporary special local
regulation.
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 for the same reason discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The purpose of this rule is to
ensure safety of the event participants, vessels and the navigable
waters of Crown Bay, Haulover Clay and St. Thomas Harbor, St. Thomas,
U.S. Virgin Islands (USVI), during the St. Thomas Lighted Boat Parade.
The Captain of the Port (COTP) has determined that potential hazards
associated with the marine parade event will pose a safety concern for
any persons and vessels within the regulated area.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation on
certain navigable waters of the Crown Bay, Haulover Cay, and St. Thomas
Harbor, St. Thomas, USVI during the St. Thomas Lighted Boat Parade from
6:30 p.m. until 9:00 p.m. on December 20, 2019. The regulated area will
encompass all waters within a 100-foot radius of participating vessels,
beginning with the lead vessel, ending with the last participating
vessel, and at all times extending 100-feet on either side of the
parade vessels. The parade route consist of a course that starts at
Crown Bay Marina in potion 18[deg]19'986'' N, 64[deg]57'088'' W;
proceeds thence east through Haulover Cut, thence northeast throu Cay
Bay, thence east towards the Coast Guard Base in Kings Wharf and thence
back through the same route to the beginning position. All coordinates
are North American Datum 1983.
The special local regulation is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the power boat races. All persons and non-participating vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the COTP San
Juan or a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the regulated area by contacting the COTP San Juan or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the regulated area is granted, all persons and vessels
receiving such authorization must comply with the instructions of the
COTP San Juan or a designated representative. The Coast Guard will
provide notice of the regulated area by Local Notice to Mariners,
Broadcast Notice to Mariners, and/or by on-scene designated
representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the regulated area. The regulated area will
impact a small designated area of Crown Bay, Haulover Cay, and St.
Thomas Harbor, St. Thomas, USVI, during the event and thus is limited
in scope. The special local regulation will be enforced for only a
total period of 2.5 hours and thus is limited in time. Although persons
and vessels will not be able to enter, transit through, anchor in, or
remain within the zone without authorization from the Captain of the
Port San Juan or a designated representative, they may operate in the
surrounding area during the enforcement period. The rule will allow
vessels to seek permission to enter the regulated area. Persons and
vessels may still enter, transit through, anchor in, or remain within
the regulated area during the enforcement period if authorized by the
Captain of the Port San Juan or a designated representative. The Coast
Guard will issue a Local Notice to Mariners and a Broadcast Notice to
Mariners, allowing mariners to make alternative plans or seek
permission to transit the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
[[Page 70016]]
fields, and governmental jurisdictions with populations of less than
50,000. 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.
While some owners or operators of vessels intending to enter,
transit through, anchor in, or remain witin the regulated area may be
small entities, for the reason stated in section V. A. above, this rule
will not have a significate economic impact on any vessel owner or
operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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
creation of a regulated area in conjunction with a regatta or marine
parade to ensure the safety of vessels, spectators, and the public
during the event. It is categorically excluded from further review
under paragraph L61 in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T799-0945 to read as follows:
Sec. 100.T799-0945 Safety zones; St. Thomas Lighted Boat Parade,
Crown Bay, Haulover Cut and St. Thomas Harbor, St. Thomas, U.S. Virgin
Islands
(a) Location. The following area is a special local regulation: All
waters within a 100-foot radius in front of the lead parade vessel,
100-feet behind the last participating parade vessel, and at all times
extending 100-feet on either side of participating parade vessels. The
St. Thomas Lighted Boat Parade consists of a course that starts at
Crown Bay Marina in position 18[deg]19'986'' N, 64[deg]57'088'' W;
proceeds thence east through Haulover Cut, thence northeast through Cay
Bay, thence east towards the Coast Guard Base in Kings Wharf and thence
west back through the same route to the beginning position. All
coordinates are North American Datum 1983.
(b) 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 non-participant vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the COTP San
Juan or a designated representative.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the COTP San Juan by telephone at (787) 289-2041, or a designated
representative via VHF radio on channel 16. If authorization is granted
by the COTP San Juan or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the COTP San Juan or a designated representative.
[[Page 70017]]
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced from 6:30 p.m.
until 9:00 p.m. on December 20, 2019, unless sooner terminated by the
COTP San Juan.
Dated: December 16, 2019.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-27526 Filed 12-19-19; 8:45 am]
BILLING CODE 9110-04-P
