[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Rules and Regulations]
[Pages 23135-23137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09057]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0095]
RIN 1625-AA00
Safety Zone; Blue Water Resort & Casino West Coast Nationals;
Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Lake Moovalya region of the navigable waters of the Colorado River
in Parker, Arizona for the Blue Water Resort & Casino West Coast
Nationals. This temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, and participating
vessels. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.
DATES: This rule is effective from 6 a.m. on April 20, 2013, until 6
p.m. on April 21, 2013. It will be enforced from 6 a.m. to 6 p.m. daily
on April 20 and 21, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0095. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego; Coast Guard; telephone 619-278-7656,
email [email protected]. If you have questions on viewing the
docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory Information
The Coast Guard is issuing this 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 delay would be impracticable. The
Coast Guard did not receive necessary information from the event
sponsor in time to publish a notice of proposed rulemaking. The event
is scheduled to take place, and as such, immediate action is necessary
to ensure the safety of vessels, spectators, participants, and others
in the vicinity of the marine event on the dates and times this rule
will be in effect.
Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, 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 would be impracticable and contrary to the public
interest, since immediate action is needed to ensure public safety.
B. Basis and Purpose
The legal basis for this temporary rule is the Ports and Waterways
Safety Act, which authorizes the Coast Guard to establish safety zones
(33 U.S.C. sections 1221 et seq.).
RPM Racing Enterprises is sponsoring the Blue Water Resort & Casino
West Coast Nationals, which is held in Parker, Arizona. This temporary
safety zone is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels, and other vessels and users of the
waterway. This event involves powerboats racing along a closed course.
The size of the boats varies from eight to sixteen feet in length.
Approximately 100 boats will be participating in this event. The
sponsor will provide two patrol and two rescue boats to help facilitate
the event and ensure public safety.
C. Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
from 6 a.m. to 6 p.m. on April 20, 2013, and April 21, 2013. This
safety zone is necessary to provide for the safety of the crews,
spectators, participants, and other vessels and users of the waterway.
Persons and vessels will be prohibited from entering into, transiting
through, or anchoring with this safety zone unless authorized by the
Captain of the Port, or his designated representative. This temporary
safety zone includes the waters of the Colorado River between Headgate
Dam and 0.5 miles north of the Blue Water Marina in Parker, Arizona.
Before the effective period, the Coast Guard will publish a Local
Notice to Mariners (LNM).
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of
[[Page 23136]]
Executive Order 12866, Regulatory Planning and Review, as supplemented
by Executive Order 13563, Improving Regulation and Regulatory Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size, timeframe, and location of the safety zone. Commercial
vessels will not be hindered by the safety zone. Recreational vessels
may transit through the established safety zone during the specified
times if they obtain authorization from the Captain of the Port or his
designated representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 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 might
be small entities: the owners or operators of vessels intending to
transit or anchor in the impacted portion of the Colorado River from 6
a.m. to 6 p.m. on April 20, 2013, and April 21, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone will only be enforced for two twelve-hour periods. Although
the safety zone will apply to the entire width of the river, traffic
will be allowed to pass through the zone with the permission of the
Coast Guard Captain of the Port or his designated representative.
Before the effective period, the Coast Guard will publish a Local
Notice to Mariners (LNM).
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. 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.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 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 determined
that 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 involves the establishment of a safety zone.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction.
[[Page 23137]]
An environmental analysis checklist and a categorical exclusion
determination are 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.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
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, 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.T11-547 to read as follows:
Sec. 165.T11-547 Safety zone; Blue Water Resort & Casino West Coast
Nationals, Parker, AZ.
(a) Location. This temporary safety zone includes the waters of the
Colorado River between Headgate Dam and 0.5 miles north of the Blue
Water Marina in Parker, Arizona.
(b) Enforcement Period. This section will be in enforced from 6
a.m. to 6 p.m. on April 20, and 21, 2013. Before the effective period,
the Coast Guard will publish a Local Notice to Mariners (LNM). If the
event concludes prior to the scheduled termination time, the Coast
Guard will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander. The
Patrol Commander may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, a flashing light, or other means, the operator of a
vessel shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: March 20, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-09057 Filed 4-17-13; 8:45 am]
BILLING CODE 9110-04-P