Special Local Regulation; Crown Bay, Charlotte Amalie, U.S. Virgin Islands, 59675-59678 [2021-23255]
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Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Proposed Rules
drilling under the Wyoming program.
The proposed amendment is a state
initiative intended to update Chapter
14, which was last revised in 1998. The
revised rules were updated to include
more detailed directions for plugging
and sealing requirements for drill holes.
The rules were also updated to include
best management practices and
standards adopted by the Wyoming
State Engineer’s Office which conform
with accepted practices by the
American Society for Testing and
Materials, American Water Works
Association, and Wyoming DEQ, Water
Quality Division regulations. Other
revisions include a list of acceptable
grout materials requirements to plug the
entire hole and immediate capping of
drill holes, and adding identification
numbers to facilitate inspections.
Additional formatting and
organizational changes were also made
to Chapter 14.
The proposed statutory revisions
reflect organizational updates at the
Wyoming Land Quality Division, correct
a typographical error, provide more
detailed instructions for plugging and
sealing drill holes, incorporate
provisions for the awarding of attorney
fees and other litigation costs, and
include more detailed instructions for
bond release. The full text of the
program and/or plan amendment is
available for you to read at the locations
listed above under ADDRESSES or at
www.regulations.gov.
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III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the State program.
Electronic or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
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other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., M.D.T. on November 12,
2021. If you are disabled and need
reasonable accommodations to attend a
public hearing, contact the person listed
under FOR FURTHER INFORMATION
CONTACT. We will arrange the location
and time of the hearing with those
persons requesting the hearing. If no one
requests an opportunity to speak, we
will not hold a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
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IV. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program and/or AML plan amendments
is exempted from OMB review under
Executive Order 12866. Executive Order
13563, which reaffirms and
supplements Executive Order 12866,
retains this exemption.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment.
We conclude our review of the
proposed amendment after the close of
the public comment period and
determine whether the amendment
should be approved, approved in part,
or not approved. At that time, we will
also make the determinations and
certifications required by the various
laws and executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 950
State regulatory program approval,
state-federal cooperative agreement,
required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7–11.
[FR Doc. 2021–23314 Filed 10–27–21; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0794]
RIN 1625–AA08
Special Local Regulation; Crown Bay,
Charlotte Amalie, U.S. Virgin Islands
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
SUMMARY:
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Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Proposed Rules
regulation for the St. Thomas Lighted
Boat Parade marine event for certain
navigable waters of Crown Bay,
Haulover Cut, and Charlotte Amalie
Harbor, St. Thomas, U.S. Virgin Islands.
This action is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created by the lighted boat parade. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
San Juan.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 29, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0794 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions on this rule, call or
email Lieutenant Commander
Christopher O’Connor, Sector San Juan
Prevention Department, Waterways
Management Division U.S. Coast Guard;
telephone 787–729–2374, email
Christopher.M.OConnor@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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, Purpose, and Legal
Basis
On July 13, 2021, the St. Thomas/St.
John Chamber of Commerce notified the
Coast Guard that it would be conducting
a Christmas Lighted Boat Parade from
6:30 to 9 p.m., on December 17, 2021.
The lighted boat parade will begin in
Crown Bay, move east through Haulover
Cay, reach the Charlotte Amalie Harbor
and then back to the original point.
Hazards from the lighted boat parade
include accidental collision with other
participants’ vessels or marine species
due to limited visibility. The Captain of
the Port San Juan (COTP) has
determined that potential hazards
associated with marine parade event
will pose a safety concern for any
persons and vessels within the regulated
area.
The purpose of this action is to ensure
safety of the event participants, vessels
and the marine environment in the
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navigable waters of Crown Bay,
Haulover Clay and Charlotte Amalie
Harbor, St. Thomas, U.S. Virgin Islands
(USVI), during the St. Thomas Lighted
Boat Parade. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
temporary special local regulation on
certain navigable waters of the Crown
Bay, Haulover Cut, and Charlotte
Amalie Harbor, St. Thomas, USVI
during the St. Thomas Lighted Boat
Parade from 6:30 p.m. through 9:00
p.m., on December 17, 2021. The
regulated area will encompass all waters
within a 100-foot radius of participating
vessels, beginning with the lead vessel,
ending with the last participating vessel,
and at all times extending 100-feet on
either side of the parade vessels. The
parade route consist of a course that
starts at Crown Bay Marina in potion
18°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 Warf and thence back
through the same route to the beginning
position. All coordinates are North
American Datum 1983. The duration of
the zone is intended to ensure the safety
of vessels and navigable waters of
Crown Bay, Haulover Clay and Charlotte
Amalie Harbor, St. Thomas, USVI
before, during, and after the scheduled
6:30 p.m. until 9 p.m. lighted boat
parade. All persons and nonparticipating vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area without obtaining permission from
the COTP or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
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the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated area.
The regulated area will affect a smalldesignated area of Crown Bay, Haulover
Cut, and St. Thomas Harbor, St.
Thomas, USVI, during the event and
thus is limited in scope. The temporary
special local regulation will be enforced
for only a total period of 2.5 hours and
thus is limited in time, and during the
evening when vessel traffic is normally
low. Although persons and vessels will
not be able to enter, transit through,
anchor in, or remain within the zone
without authorization from the Captain
of the Port San Juan or a designated
representative, they may operate in the
surrounding area during the
enforcement period. The rule will allow
vessels to seek permission to enter the
regulated area. Persons and vessels may
still enter, transit through, anchor in, or
remain within the regulated area during
the enforcement period if authorized by
the Captain of the Port San Juan or a
designated representative. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
would allow vessels to seek permission
to enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Proposed Rules
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
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potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a regulated area in
conjunction with a regatta or marine
parade to ensure the safety of vessels,
spectators, and the public during the
event lasting only 2.5 hours that will
prohibit entry within 100-ft radius of
participating vessels beginning with the
lead vessel, ending with the last
participating vessel, and at all times
extending 100-feet on either side of the
parade vessels during the Lighted Boat
Parade. Normally such actions are
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
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59677
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG- 2021–0794 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGAGLE WATERS
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 Special Local Regulation
Safety zones; St. Thomas Lighted Boat
Parade, Crown Bay, Haulover Cut and
Charlotte Amalie Harbor, St. Thomas, U.S.
Virgin Islands.
(a) Regulated Area. The following area
is a special local regulation: All waters
within a 100-foot radius in front of the
lead parade vessel, 100-feet behind the
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59678
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Proposed Rules
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 Haulouver Cut, thence
northeast through Cay Bay, thence east
towards the Coast Guard Base in Kings
Wharf and thence west back through the
same route to the beginning position.
All coordinates are North American
Datum 1983.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port San Juan (COTP)
in the enforcement of the regulations in
this section.
Participant means all persons and
vessels registered with the event
sponsor as participants in the race.
(c) Regulations.
(1) All persons and non-participant
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the COTP San Juan
or a designated representative.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the COTP
San Juan by telephone at (787) 289–
2041, or a designated representative via
VHF radio on channel 16. If
authorization is granted by the COTP
San Juan or a designated representative,
all persons and vessels, receiving such
authorization must comply with the
instructions of the COTP San Juan or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced from 6:30 p.m. until 9:00
p.m., on December 17, 2021, unless
sooner terminated by the COTP San
Juan.
Gregory H. Magee
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2021–23255 Filed 10–27–21; 8:45 am]
BILLING CODE P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPA–R09–OAR–2021–0408; FRL–8902–03–
R9]
Clean Air Plans; Base Year Emissions
Inventories for the 2015 Ozone
Standards; California; Extension of
Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; Extension of
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is extending the comment
period for the proposed rule ‘‘Clean Air
Plans; Base Year Emissions Inventories
for the 2015 Ozone Standards;
California.’’ The agency is extending the
comment period for 30 days in response
to a stakeholder request for an
extension. Thirty days from November
4, 2021, is December 4, 2021, which is
a Saturday; therefore, the EPA is
extending the comment period to the
following Monday, December 6, 2021.
DATES: The comment period for the
proposed rule published on October 5,
2021, at 86 FR 54887, is extended.
Comments must be received on or
before December 6, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0408 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
SUMMARY:
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assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Khoi Nguyen, Air Planning Office (AIR–
2), EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105, (415) 947–
4120, or by email at nguyen.khoi@
epa.gov.
On
October 5, 2021 (86 FR 54887), the EPA
published the proposed rule ‘‘Clean Air
Plans; Base Year Emissions Inventories
for the 2015 Ozone Standards;
California’’ in the Federal Register. The
original deadline to submit comments
was November 4, 2021. This action
extends the comment period for 30
days. Written comments must now be
received by December 6, 2021.
SUPPLEMENTARY INFORMATION:
Dated: October 21, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–23370 Filed 10–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0452; FRL–9175–01–
R4]
Air Plan Approval; NC; Removal of
Transportation Facilities Rules for
Mecklenburg County
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision to the Mecklenburg County
portion of the North Carolina SIP,
hereinafter referred to as the
Mecklenburg Local Implementation
Plan (LIP). The revision was submitted
by the State of North Carolina, through
the North Carolina Division of Air
Quality (NCDAQ), on behalf of
Mecklenburg County Air Quality via a
letter dated April 24, 2020. The SIP
revision seeks to remove transportation
facilities rules from the Mecklenburg
County Air Pollution Control Ordinance
(MCAPCO) rules incorporated into the
LIP. EPA is proposing to approve these
changes pursuant to the Clean Air Act
(CAA or Act).
DATES: Comments must be received on
or before November 29, 2021.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Proposed Rules]
[Pages 59675-59678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23255]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0794]
RIN 1625-AA08
Special Local Regulation; Crown Bay, Charlotte Amalie, U.S.
Virgin Islands
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local
[[Page 59676]]
regulation for the St. Thomas Lighted Boat Parade marine event for
certain navigable waters of Crown Bay, Haulover Cut, and Charlotte
Amalie Harbor, St. Thomas, U.S. Virgin Islands. This action is
necessary to protect personnel, vessels, and the marine environment
from potential hazards created by the lighted boat parade. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port San Juan.
DATES: Comments and related material must be received by the Coast
Guard on or before November 29, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0794 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christopher O'Connor, Sector San
Juan Prevention Department, Waterways Management Division U.S. Coast
Guard; telephone 787-729-2374, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On July 13, 2021, the St. Thomas/St. John Chamber of Commerce
notified the Coast Guard that it would be conducting a Christmas
Lighted Boat Parade from 6:30 to 9 p.m., on December 17, 2021. The
lighted boat parade will begin in Crown Bay, move east through Haulover
Cay, reach the Charlotte Amalie Harbor and then back to the original
point. Hazards from the lighted boat parade include accidental
collision with other participants' vessels or marine species due to
limited visibility. The Captain of the Port San Juan (COTP) has
determined that potential hazards associated with marine parade event
will pose a safety concern for any persons and vessels within the
regulated area.
The purpose of this action is to ensure safety of the event
participants, vessels and the marine environment in the navigable
waters of Crown Bay, Haulover Clay and Charlotte Amalie Harbor, St.
Thomas, U.S. Virgin Islands (USVI), during the St. Thomas Lighted Boat
Parade. The Coast Guard is proposing this rulemaking under authority in
46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary special local
regulation on certain navigable waters of the Crown Bay, Haulover Cut,
and Charlotte Amalie Harbor, St. Thomas, USVI during the St. Thomas
Lighted Boat Parade from 6:30 p.m. through 9:00 p.m., on December 17,
2021. The regulated area will encompass all waters within a 100-foot
radius of participating vessels, beginning with the lead vessel, ending
with the last participating vessel, and at all times extending 100-feet
on either side of the parade vessels. The parade route consist of a
course that starts at Crown Bay Marina in potion 18[deg]19'986'' N,
64[deg]57'088'' W; proceeds thence east through Haulover Cut, thence
northeast through Cay Bay, thence east towards the Coast Guard Base in
Kings Warf and thence back through the same route to the beginning
position. All coordinates are North American Datum 1983. The duration
of the zone is intended to ensure the safety of vessels and navigable
waters of Crown Bay, Haulover Clay and Charlotte Amalie Harbor, St.
Thomas, USVI before, during, and after the scheduled 6:30 p.m. until 9
p.m. lighted boat parade. All persons and non-participating vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. The
regulated area will affect a small-designated area of Crown Bay,
Haulover Cut, and St. Thomas Harbor, St. Thomas, USVI, during the event
and thus is limited in scope. The temporary special local regulation
will be enforced for only a total period of 2.5 hours and thus is
limited in time, and during the evening when vessel traffic is normally
low. Although persons and vessels will not be able to enter, transit
through, anchor in, or remain within the zone without authorization
from the Captain of the Port San Juan or a designated representative,
they may operate in the surrounding area during the enforcement period.
The rule will allow vessels to seek permission to enter the regulated
area. Persons and vessels may still enter, transit through, anchor in,
or remain within the regulated area during the enforcement period if
authorized by the Captain of the Port San Juan or a designated
representative. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter the regulated
area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
[[Page 59677]]
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a
regulated area in conjunction with a regatta or marine parade to ensure
the safety of vessels, spectators, and the public during the event
lasting only 2.5 hours that will prohibit entry within 100-ft radius of
participating vessels beginning with the lead vessel, ending with the
last participating vessel, and at all times extending 100-feet on
either side of the parade vessels during the Lighted Boat Parade.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG- 2021-0794 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGAGLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T799-0945 to read as follows:
Sec. 100.T799-0945 Special Local Regulation Safety zones; St. Thomas
Lighted Boat Parade, Crown Bay, Haulover Cut and Charlotte Amalie
Harbor, St. Thomas, U.S. Virgin Islands.
(a) Regulated Area. The following area is a special local
regulation: All waters within a 100-foot radius in front of the lead
parade vessel, 100-feet behind the
[[Page 59678]]
last participating parade vessel, and at all times extending 100-feet
on either side of participating parade vessels. The St. Thomas Lighted
Boat Parade consists of a course that starts at Crown Bay Marina in
position 18[deg]19'986'' N, 64[deg]57'088'' W; proceeds thence east
through Haulouver Cut, thence northeast through Cay Bay, thence east
towards the Coast Guard Base in Kings Wharf and thence west back
through the same route to the beginning position. All coordinates are
North American Datum 1983.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port San Juan (COTP) in
the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as participants in the race.
(c) Regulations.
(1) All persons and non-participant vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP San Juan or a designated
representative.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the COTP San Juan by telephone at (787) 289-2041, or a designated
representative via VHF radio on channel 16. If authorization is granted
by the COTP San Juan or a designated representative, all persons and
vessels, receiving such authorization must comply with the instructions
of the COTP San Juan or a designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced from 6:30 p.m.
until 9:00 p.m., on December 17, 2021, unless sooner terminated by the
COTP San Juan.
Gregory H. Magee
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-23255 Filed 10-27-21; 8:45 am]
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