[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19483-19485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07922]
[[Page 19483]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0177]
RIN 1625-AA00
Safety Zone; Lake Havasu Gran Prix; Lake Havasu, 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 navigable waters of Lake Havasu for the Lake Havasu Gran Prix. The
temporary safety zone is necessary to provide safety for the
participants, crew, rescue personnel, and other 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 or his designated representative.
DATES: This rule is effective directly after the conclusion of the
Desert Storm Shootout marine event boat race, from approximately 1:00
p.m. to 4:00 p.m. on April 26, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0177]. 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 Giacomo Terrizzi, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656,
email [email protected] If you have questions on viewing
or submitting material to the docket, call Cheryl Collins, 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
TFR Temporary Final Rule
A. Regulatory History and 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 an NPRM would be impracticable and
contrary to public interest. The logistical details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the events to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to public interest because it would
inhibit the Coast Guard's ability to protect spectators and vessels
from the hazards associated with a maritime high speed boat race, which
are discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 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; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
The Lake Havasu Gran Prix will consist of 25 powerboats racing
around a closed circuit course for a specified amount of laps on a
portion of Lake Havasu located adjacent to and west of Thompson Bay,
off of the peninsula of Pittsburg Point. This racing location in Lake
Havasu is in a different location than past years. This annual event
will also occur directly after the conclusion of the approved annual
marine event Desert Storm Shootout.
The Lake Havasu Grand Prix requires a safety zone while the
participants are on the course, thus restricting vessel traffic within
a portion of Lake Havasu during the four hours scheduled for the race.
There will be fifteen patrol vessels provided by the sponsor to patrol
the boundaries of the safety zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that will be enforced
between the hours of 1:00 p.m. to 4:00 p.m. on April 26, 2014 directly
after the conclusion of the Desert Storm Shootout. The limits of the
safety zone will include a portion of Lake Havasu with an eastern zone
line from Algoma Pier Head Lighthouse southeast to the point just west
of Grass Island encompassed by the following coordinates:
34[deg]26'51'' N, 114[deg]20'41'' W
34[deg]27'17'' N, 114[deg]20'51'' W
The western zone line is from Split Rock Lighthouse southwest to
the closest peninsula on the California side illustrated by the
following coordinates:
34[deg]27'18'' N, 114[deg]22'34'' W
34[deg]26'55'' N, 114[deg]22'59'' W
The coordinates for the Lake Havasu Grand Prix are the same
coordinates for the Desert Storm shootout, held earlier in the day and
restricting boating traffic. Both the Lake Havasu Grand Prix and the
Desert Storm Shootout are reoccurring marine events listed in 33 CFR
100.1102 (Table 1). Use of a Safety Zone is established because a
notice of enforcement of a marine event special local regulation would
be inaccurate for the following reasons. First, 33 CFR 100.1102 Table 1
discussed the Lake Havasu Grand Prix occurring in a different location
of the waterway. Second, the normally annual event did not occur the
previous year. For these reasons, a safety zone is necessary to provide
for the safety of participants, crew, rescue personnel, and other users
of the waterway.
For the safety zone, persons and vessels will be prohibited from
entering into, transiting through, or anchoring within the safety zone
unless authorized by the Captain of the Port, or his designated
representative. 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.
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1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of 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 safety zone being of
a limited duration of no more than four hours, limited to a relatively
small geographic area of Lake Havasu, and occurring directly after the
conclusion of Desert Storm Shootout.
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 may be small entities: The owners or operators of vessels
intending to transit or anchor in the impacted portion of the Colorado
River from 1:00 p.m. to 4:00 p.m. on April 26, 2014.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone impacts a relatively small area. Small entities can conduct
their activities in areas not impacted by this event by transiting
around the event or gaining permission by the Captain of the Port, or
his designated representative for an escort through the race area. This
event included planning with various stakeholders prior to the event
permit request was submitted. Finally, before the effective period, the
Coast Guard will publish a Local Notice to Mariners.
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 calls for no 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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule 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 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 cause 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 that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves
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establishment of a safety zone on the navigable waters of Lake Havasu.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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. 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.T11-631 to read as follows:
Sec. 165.T11-631 Safety zone; Lake Havasu Gran Prix, Lake Havasu, AZ
(a) Location. The limits of the safety zone will include a portion
of Lake Havasu with an eastern zone line from Algoma Pier Head
Lighthouse southeast to the point just west of Grass Island,
illustrated by the following coordinates: 34[deg]26'51'' N,
114[deg]20'41'' W; 34[deg]27'17'' N, 114[deg]20'51'' W. The western
zone line is from Split Rock Lighthouse southwest to the closest
peninsula on the California side illustrated by the following
coordinates: 34[deg]27'18'' N, 114[deg]22'34'' W; 34[deg]26'55'' N,
114[deg]22'59'' W.
(b) Enforcement Period. This rule is effective directly after the
conclusion of the Desert Storm Shootout from 1:00 p.m. to 4:00 p.m. on
April 26, 2014.
(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,
or 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 initiate request authorization to do so from the event sponsor
who 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 or designated patrol
personnel by siren, radio, 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 26 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-07922 Filed 4-8-14; 8:45 am]
BILLING CODE 9110-04-P