Safety Zone; Lucas Oil Drag Boat Racing Series; Thompson Bay, Lake Havasu City, AZ, 22020-22023 [2014-08928]
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
options in the same manner as every
standard promulgated by OSHA. In
States with OSHA-approved State Plans,
this rulemaking would not significantly
limit State policy options.
mstockstill on DSK4VPTVN1PROD with RULES
State Plan States
When Federal OSHA promulgates a
new standard or a more stringent
amendment to an existing standard, the
27 States or U.S. Territories with their
own OSHA-approved occupational
safety and health plans must amend
their standards to reflect the new
standard or amendment or show OSHA
why such action is unnecessary (by
showing, for example, that an existing
State standard covering this area is
already ‘‘at least as effective’’ as the new
Federal standard or amendment). (See
29 CFR 1953.5(a).) The State standard
must be ‘‘at least as effective’’ as the
final Federal rule and must be adopted
within 6 months of the publication date
of the final Federal rule (29 CFR
1953.5(a)). When OSHA promulgates a
new standard or amendment that does
not impose additional or more stringent
requirements than the existing standard,
as is the case in this final rule, State
Plan States are not required to amend
their standards, although OSHA may
encourage them to do so.
The 27 States and territories with
OSHA-approved State Plans are: Alaska,
Arizona, California, Connecticut,
Hawaii, Illinois, Indiana, Iowa,
Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, New
Jersey, New York, North Carolina,
Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia,
Virgin Islands, Washington, and
Wyoming. Connecticut, Illinois, New
Jersey, New York, and the Virgin Islands
have OSHA-approved State Plans that
apply to State and local government
employees only.
Unfunded Mandates Reform Act of
1995
OSHA reviewed this final rule in
accordance with the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1501 et seq.) and Executive Order 12875
(58 FR 58093 (Oct. 28, 1993)). As
discussed earlier in this notice, the
Agency determined that this final rule
will not impose additional costs on any
private-sector or public-sector entity.
Accordingly, this final rule requires no
additional expenditures by either public
or private employers.
Further, as noted earlier in this notice,
the Agency’s standards do not apply to
State and local governments except in
States that have elected voluntarily to
adopt a State Plan approved by the
Agency. Consequently, this final rule
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17:49 Apr 18, 2014
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does not meet the definition of a
‘‘Federal intergovernmental mandate’’
(see Section 421(5) of the Unfunded
Mandates Reform Act (2 U.S.C. 658(5)).
Therefore, for the purposes of the
Unfunded Mandates Reform Act, the
Agency certifies that this final rule does
not mandate that State, local, or tribal
governments adopt new, unfunded
regulatory obligations, or increase
expenditures by the private sector of
more than $100 million in any year. In
addition, the requirements of UMRA do
not apply because a general notice of
proposed rulemaking was not published
for this final rule. See 2 U.S.C. 1532(a).
List of Subjects in 29 CFR Part 1917
Freight, Longshore and harbor
workers, Occupational safety and
health.
Authority and Signature
This document was prepared under
the direction of David Michaels, Ph.D.,
MPH Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210. It is issued pursuant to
sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970, Public
Law 91–596, 84 Stat. 1590 (29 U.S.C.
653, 655, 657), section 41 of the
Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 941), the
judgment of the court in National
Maritime Safety Association v. OSHA,
649 F.3d 743 (D.C. Cir. 2011), and
Secretary of Labor’s Order No. 1–2012
(77 FR 3912).
Signed at Washington, DC on April 8,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
Accordingly, 29 CFR part 1917 is
amended as follows:
PART 1917—MARINE TERMINALS
1. The authority citation for part 1917
is revised to read as follows:
■
Authority: 33 U.S.C. 941; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order No. 12–
71 (36 FR 8754), 8–76 (41 FR 25059), 9–83
(48 FR 35736), 1–90 (55 FR 9033), 6–96 (62
FR 111), 3–2000 (65 FR 50017), 5–2002 (67
FR 65008), 5–2007 (72 FR 31160), 4–2010 (75
FR 55355), or 1–2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.
Section 1917.28 also issued under 5 U.S.C.
553.
Section 1917.29 also issued under 49
U.S.C. 1801–1819 and 5 U.S.C. 553.
2. Section 1917.71 is amended by
revising paragraph (i) introductory text,
adding paragraph (i)(9)(vii), and
removing paragraph (i)(10) to read as
follows:
■
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§ 1917.71 Terminals handling intermodal
containers or roll-on roll-off operations.
*
*
*
*
*
(i) Vertical tandem lifts. The
following requirements apply to
operations involving the lifting of two or
more intermodal containers by the top
container (vertical tandem lifts or
VTLs). These requirements do not apply
to operations involving the lifting of two
or more interconnected platform
containers.
*
*
*
*
*
(9) * * *
(vii) The requirements of paragraph
(i)(9) of this section do not apply to
ship-to-shore VTLs.
*
*
*
*
*
[FR Doc. 2014–08725 Filed 4–18–14; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0153]
RIN 1625–AA00
Safety Zone; Lucas Oil Drag Boat
Racing Series; Thompson Bay, Lake
Havasu City, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the navigable waters of
Thompson Bay in Lake Havasu City,
Arizona in support of the Lucas Oil Drag
Boat Racing Series high speed drag boat
race. This safety zone is necessary to
provide for the safety of the
participants, crew, spectators,
participating vessels, 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, or
his designated representative.
DATES: This rule is effective from 7 a.m.
to 7 p.m. on May 2, 2014 through May
4, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0153]. 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
SUMMARY:
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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
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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.
Logistical details did not present the
Coast Guard enough time to draft,
publish, and receive public comment on
an NPRM. As such, the event would
occur before the rulemaking process was
complete. Immediate action is needed to
help protect the safety of the
participants, crew, spectators, and
participating vessels from other vessels
during this three day event.
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. Any delay in the effective date
of this rule would be contrary to the
public interest, because immediate
action is necessary to protect the safety
of the participates from the dangers
associated with other vessels transiting
this area while the race occurs.
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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 I–10
Race Promotions is sponsoring the
Lucas Oil Drag Boat Racing Series,
which will involve 150 drag boats, 10 to
50 feet in length from across the United
States and Canada. The safety zone will
cover the majority of Thompson Bay.
This temporary safety zone is necessary
to provide for the safety of the
participants, crew, spectators, sponsor
vessels, other vessels, and users of the
waterway.
C. Discussion of the Final Rule
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
VerDate Mar<15>2010
B. Basis and Purpose
The Coast Guard is establishing a
safety zone that will be enforced from 7
a.m. to 7 p.m. on May 2, 2014 through
May 4, 2014. The limits of the safety
zone will include all the navigable
waters of Thompson Bay encompassed
by drawing a line from point to point
along the following coordinates:
Northern Zone line:
34°27′57.96″ N, 114°20′48.49″ W
34°27′57.71″ N, 114°20′49.75″ W
North West Zone Line:
34°27′07.99″ N, 114°21′09.93″ W
34°26′51.99″ N, 114°21′03.83″ W
South Zone Line:
34°27′07.99″ N, 114°21′09.93″ W
34°26′51.99″ N, 114°21′03.83″ W
The safety zone is necessary to
provide for the safety of the crew,
spectators, participants, and other
vessels and users of the waterway.
Persons and vessels will be prohibited
from entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative. The three
day event will include official racing on
Friday, Saturday and Sunday. 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
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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,
location, and the limited duration of the
safety zone. Additionally, to the
maximum extent practicable, the event
sponsor will assist with boaters wishing
to transit the racing area during nonracing times throughout the three days.
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 Lake Havasu
from 7 a.m. to 7 p.m. on May 2, 2014
through May 4, 2014.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
safety zone would apply to the majority
of Thompson Bay, traffic would be
allowed to pass through the zone with
the permission of the Captain of the
Port, or his designated representative.
The event sponsor will also to their
maximum extent assist boaters wishing
to transit the racing area during nonracing times throughout the three days.
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
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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.
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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.
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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
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
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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
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.
2. Add § 165.T11–625 to read as
follows:
■
§ 165.T11–625 Safety zone; Lucas Oil Drag
Boat Racing Series; Thompson Bay, Lake
Havasu City, AZ.
(a) Location. The limits of the safety
zone will include all the navigable
waters of Thompson Bay encompassed
by drawing a line from point to point
along the following coordinates:
(1) Northern Zone line:
(i) 34° 27′ 57.96′ N, 114° 20′ 48.49′ W
(ii) 34° 27′ 57.71′ N, 114° 20′ 49.75′ W
(2) North West Zone Line:
(i) 34° 27′ 07.99′ N, 114° 21′ 09.93′ W
(ii) 34° 26′ 51.99′ N, 114° 21′ 03.83′ W
(3) South Zone Line:
(i) 34° 27′ 07.99′ N, 114° 21′ 09.93′ W
(ii) 34° 26′ 51.99′ N, 114° 21′ 03.83′ W
(b) Enforcement Period. This section
will be enforced on May 2, 2014 through
May 4, 2014. It will be enforced from 7
a.m. to 7 p.m. each day (May 2, 3, and
4, 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.
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(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(3) 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.
(4) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: March 20, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2014–08928 Filed 4–18–14; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
BWRC Blue Water Resort and Casino
NOE Notice of Enforcement
SLR Special Local Regulation
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0140]
RIN 1625–AA00
Safety Zone; BWRC West Coast
Nationals; Parker, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the Lake Moolvalya region of the
navigable waters of the Colorado River
in Parker, Arizona in support of the
Blue Water Resort and Casino (BWRC)
West Coast Nationals high speed boat
race. This safety zone is necessary to
provide for the safety of the
participants, crew, spectators,
participating vessels, 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, or
his designated representative.
DATES: This rule is effective from 6 a.m.
to 6 p.m. on May 3 and May 4, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0140]. 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.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:49 Apr 18, 2014
Jkt 232001
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:
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.
Logistical details did not present the
Coast Guard enough time to draft,
publish, and receive public comment on
an NPRM. As such, the event would
occur before the rulemaking process was
complete. Immediate action is needed to
help protect the safety of the
participants, crew, spectators, and
participating vessels from other vessels
during this two day event.
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. Any delay in the effective date
of this rule would be contrary to the
public interest, because immediate
action is necessary to protect the safety
of the participants from the dangers
associated with other vessels transiting
this area while the race occurs.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
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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; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones. RPM
Racing Enterprises is sponsoring the
BWRC West Coast Nationals, which will
involve 100 power boats, 8 to 16 feet in
length. These power boats will be
transiting a portion of Moovalya Lake on
the Colorado River in Parker, AZ. This
temporary safety zone is necessary to
provide for the safety of the
participants, crew, spectators, sponsor
vessels, other vessels, and users of the
waterway.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone that will be enforced from 6
a.m. to 6 p.m. on May 3 and May 4,
2014. The limits of the safety zone will
include all the navigable waters of the
Colorado River between Headgate Dam
and 0.5 miles north of the Blue Water
Marina in Parker, Arizona. The safety
zone is necessary to provide for the
safety of the crew, 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.
BWRC West Coast Nationals is listed
as a recurring event in Title 33 Code of
Federal Regulations (CFR), Part
100.1102, Table 1 (Item 8) on a Saturday
and Sunday in April. Because the event
falls on the first weekend in May, a
Marine Event Special Local Regulations
(SLR) Notice of Enforcement (NOE) is
not sufficient. A temporary final rule
published in the Federal Register will
provide visibility to the established
safety zone. Before the effective period,
the Coast Guard will also 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
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
E:\FR\FM\21APR1.SGM
21APR1
]]>Agencies
[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22020-22023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08928]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0153]
RIN 1625-AA00
Safety Zone; Lucas Oil Drag Boat Racing Series; Thompson Bay,
Lake Havasu City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone within
the navigable waters of Thompson Bay in Lake Havasu City, Arizona in
support of the Lucas Oil Drag Boat Racing Series high speed drag boat
race. This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, 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, or his designated
representative.
DATES: This rule is effective from 7 a.m. to 7 p.m. on May 2, 2014
through May 4, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0153]. 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
[[Page 22021]]
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.
Logistical details did not present the Coast Guard enough time to
draft, publish, and receive public comment on an NPRM. As such, the
event would occur before the rulemaking process was complete. Immediate
action is needed to help protect the safety of the participants, crew,
spectators, and participating vessels from other vessels during this
three day event.
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. Any delay
in the effective date of this rule would be contrary to the public
interest, because immediate action is necessary to protect the safety
of the participates from the dangers associated with other vessels
transiting this area while the race occurs.
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 I-10 Race Promotions is sponsoring
the Lucas Oil Drag Boat Racing Series, which will involve 150 drag
boats, 10 to 50 feet in length from across the United States and
Canada. The safety zone will cover the majority of Thompson Bay. This
temporary safety zone is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, other vessels, and
users of the waterway.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that will be enforced
from 7 a.m. to 7 p.m. on May 2, 2014 through May 4, 2014. The limits of
the safety zone will include all the navigable waters of Thompson Bay
encompassed by drawing a line from point to point along the following
coordinates:
Northern Zone line:
34[deg]27'57.96'' N, 114[deg]20'48.49'' W
34[deg]27'57.71'' N, 114[deg]20'49.75'' W
North West Zone Line:
34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W
South Zone Line:
34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W
The safety zone is necessary to provide for the safety of the crew,
spectators, participants, and other vessels and users of the waterway.
Persons and vessels will be prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative. The three day
event will include official racing on Friday, Saturday and Sunday.
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 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, location, and
the limited duration of the safety zone. Additionally, to the maximum
extent practicable, the event sponsor will assist with boaters wishing
to transit the racing area during non-racing times throughout the three
days.
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 Lake Havasu
from 7 a.m. to 7 p.m. on May 2, 2014 through May 4, 2014.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to the majority of Thompson Bay,
traffic would be allowed to pass through the zone with the permission
of the Captain of the Port, or his designated representative. The event
sponsor will also to their maximum extent assist boaters wishing to
transit the racing area during non-racing times throughout the three
days. 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
[[Page 22022]]
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 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.T11-625 to read as follows:
Sec. 165.T11-625 Safety zone; Lucas Oil Drag Boat Racing Series;
Thompson Bay, Lake Havasu City, AZ.
(a) Location. The limits of the safety zone will include all the
navigable waters of Thompson Bay encompassed by drawing a line from
point to point along the following coordinates:
(1) Northern Zone line:
(i) 34[deg] 27' 57.96' N, 114[deg] 20' 48.49' W
(ii) 34[deg] 27' 57.71' N, 114[deg] 20' 49.75' W
(2) North West Zone Line:
(i) 34[deg] 27' 07.99' N, 114[deg] 21' 09.93' W
(ii) 34[deg] 26' 51.99' N, 114[deg] 21' 03.83' W
(3) South Zone Line:
(i) 34[deg] 27' 07.99' N, 114[deg] 21' 09.93' W
(ii) 34[deg] 26' 51.99' N, 114[deg] 21' 03.83' W
(b) Enforcement Period. This section will be enforced on May 2,
2014 through May 4, 2014. It will be enforced from 7 a.m. to 7 p.m.
each day (May 2, 3, and 4, 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.
[[Page 22023]]
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(3) 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.
(4) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: March 20, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-08928 Filed 4-18-14; 8:45 am]
BILLING CODE 9110-04-P
