Proposed Rule2021-23255
Special Local Regulation; Crown Bay, Charlotte Amalie, U.S. Virgin Islands
Primary source
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Published
October 28, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local 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.
Full Text
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<title>Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#23604b514a50574c534b46510d6e0d6c604c4d4d4c5163565040440d4e4a4f"><span class="__cf_email__" data-cfemail="44072c362d37302b342c21366a096a0b072b2a2a2b3604313727236a292d28">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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]
BILLING CODE P
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