Safety Zone; Lake Havasu Gran Prix; Lake Havasu, AZ, 19483-19485 [2014-07922]
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Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
DEPARTMENT OF HOMELAND
SECURITY
A. Regulatory History and Information
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0177]
RIN 1625–AA00
Safety Zone; Lake Havasu Gran Prix;
Lake Havasu, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
SUMMARY:
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 https://
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
d11marineeventssandiego@uscg.mil 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:
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DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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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.
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19483
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°26′51″ N, 114°20′41″ W
34°27′17″ N, 114°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°27′18″ N, 114°22′34″ W
34°26′55″ N, 114°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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Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations
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.
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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),
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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
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Fmt 4700
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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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Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations
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:
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]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
■
1. The authority citation for part 165
continues to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
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.
40 CFR Part 180
2. Add § 165.T11–631 to read as
follows:
AGENCY:
■
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§ 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°26′51″ N, 114°20′41″ W; 34°27′17″ N,
114°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°27′18″ N,
114°22′34″ W; 34°26′55″ N, 114°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
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[EPA–HQ–OPP–2010–0957; FRL–9907–82]
Imazapyr; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
This regulation establishes
tolerances for residues of imazapyr in or
on soybean, meal at 4.5 ppm; and
soybean, seed at 4.0 ppm. BASF
Corporation requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective April
9, 2014. Objections and requests for
hearings must be received on or before
June 9, 2014, and must be filed in
accordance with the instructions
provided in 40 CFR Part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0957, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
SUMMARY:
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19485
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR Part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR Part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2010–0957 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before June 9, 2014. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
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]]>Agencies
[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19483-19485]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 https://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 d11marineeventssandiego@uscg.mil 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.
[[Page 19484]]
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
[[Page 19485]]
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
