[Federal Register: April 28, 2009 (Volume 74, Number 80)]
[Rules and Regulations]
[Page 19141-19143]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap09-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0179]
RIN 1625-AA00
Safety Zone; St. Thomas Harbor, Charlotte Amalie, U.S.V.I.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast is establishing a temporary safety zone on the
navigable waters of St. Thomas Harbor in support of the Virgin Islands
Carnival Finale fireworks display. This temporary safety zone is
necessary to provide for the safety of spectators, participating
vessels and their crews, and other vessels and users of the waterway.
Persons and vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port (COTP) San Juan or the designated representative.
DATES: This rule is effective from 7 p.m. on May 2, 2009, through 10:30
p.m. on May 2, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0179 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0179
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
two locations: The Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. John Reyes, Marine Information
Specialist, U.S. Coast Guard, Prevention Department telephone 787-729-
5381, e-mail John.Reyes@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 information regarding the event was
not provided with sufficient time to publish an NPRM. Publishing an
NPRM and delaying its effective date would be contrary to the public
interest since immediate action is needed to minimize potential danger
to the public during the fireworks display.
For the same reasons above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. The Coast Guard
will issue a broadcast notice to mariners to advise mariners of the
restriction and provide on scene notification.
Background and Purpose
This rule is required to provide for the safety of life in St.
Thomas Harbor because fireworks will be launched from a vessel within
the harbor. These fireworks could potentially pose a safety hazard to
the small craft operators that
[[Page 19142]]
frequent the area. To prevent injury or loss of life or property, a
safety zone is required to maintain a safe distance between the
fireworks vessel and any spectators or other users of the waterway.
Discussion of Rule
This rule establishes a temporary safety zone around the fireworks
vessel at a radius determined by the National Fire Protection Agency
(NFPA) Standards. The safety zone includes all waters within a 280 yard
radius of the fireworks vessel. The fireworks vessel will be anchored
in position 18[deg]20'15'' N, 064[deg]55'41'' W in the vicinity of
Kings Wharf Bay inside St. Thomas Harbor. All non-participating persons
and vessels are prohibited from entering the safety zone without
permission from the COTP San Juan or the designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is not necessary. This rule will only affect
those vessels that would attempt to transit or anchor in that portion
of St. Thomas Harbor between the hours of 7 p.m. and 10:30 p.m. Vessel
traffic will still be able to flow in and out of Kings Wharf Bay around
the limit of the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of St. Thomas Harbor from 7 p.m. to
10:30 p.m. on May 2, 2009. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule will be in effect for only 3\1/2\ hours at
night when vessel traffic is low. Vessel traffic can pass safely around
the safety zone. Before the effective periods, we will issue maritime
advisories widely available to users of the harbor.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
[[Page 19143]]
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 0023-01 and Commandant Instruction M16475.lD,
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves establishing
a temporary safety zone and is considered a regulation ``establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones'' as stated in Paragraph (34(g).
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' is available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation no. 0170.1.
0
2. Add Sec. 165.T07-0179 to read as follows:
Sec. 165.T07-0179 Safety Zone; St. Thomas Harbor, Charlotte Amalie,
U.S.V.I.
(a) Regulated Area. The Coast Guard is establishing a temporary
safety zone on the navigable waters of St. Thomas Harbor for a
fireworks display within the harbor. The safety zone is circular in
shape and extends in a 280 yard radius from the launch vessel which
will be anchored in position 18[deg]20'15'' N, 064[deg]55'41'' W in the
vicinity of Kings Wharf Bay.
(b) Definitions. The following definitions apply to this section:
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 COTP San Juan in the enforcement of the safety
zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entering, anchoring, mooring or transiting
in the Regulated Area is prohibited unless specifically authorized by
the Coast Guard COTP San Juan or a designated representative. The Coast
Guard will issue a broadcast notice to mariners to advise mariners of
the restriction and provide on scene notification.
(d) Effective Date. This rule is effective from 7 p.m. on May 2,
2009, through 10:30 p.m. on May 2, 2009.
Dated: April 6, 2009.
J.M. Nunan,
Captain, U.S. Coast Guard, Acting Captain of the Port San Juan.
[FR Doc. E9-9640 Filed 4-27-09; 8:45 am]
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