Safety Zone; Desert Storm Shootout; Lake Havasu, Lake Havasu City, AZ, 17869-17871 [2013-06705]
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Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Rules and Regulations
(iii) At the beginning of Year 4, at a
time when property D, LLC’s only asset,
has a value of $33,000 and basis of
$24,000 ($30,000 original basis less
$6,000 depreciation in Years 1 through
3), and LLC has accumulated
undistributed cash of $12,000 ($15,000
gross income less $3,000 of interest
payments) in LLC, M converts the debt
into a 1⁄3 interest in LLC. * * *
*
*
*
*
*
DEPARTMENT OF HOMELAND
SECURITY
Par. 3. Section 1.761–3 is amended
by:
■ a. Revising the second sentence of
paragraph (b)(3);
■ b. Revising paragraph (f) introductory
text;
■ c. Removing ‘‘1’’ from paragraph (f)
Example heading; and
■ d. Revising the second sentence in the
paragraph (f) Example.
The revisions read as follows:
AGENCY:
■
§ 1.761–3
partners.
Certain option holders treated as
*
*
*
*
*
(b) * * *
(3) * * * In addition, an option
includes convertible debt (as defined in
§ 1.721–2(g)(2)) and convertible equity
(as defined in § 1.721–2(g)(3)). * * *
*
*
*
*
*
(f) Example. The following example
illustrates the provisions of this section.
For purposes of the example, assume
that PRS is a partnership for Federal tax
purposes, none of the noncompensatory
option holders or partners are related
persons, and that general principles of
law do not apply to treat the
noncompensatory option as a
partnership interest. The example reads
as follows:
Example. * * * In exchange for a premium
of $10x, PRS issues a noncompensatory
option to A to acquire a 10 percent interest
in PRS for $110x at any time during a 3-year
period commencing on the date on which the
option is issued. * * *
*
*
*
*
*
srobinson on DSK4SPTVN1PROD with NOTICES
LaNita VanDyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2013–06703 Filed 3–22–13; 8:45 am]
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0005]
RIN 1625–AA00
Safety Zone; Desert Storm Shootout;
Lake Havasu, Lake Havasu City, AZ
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Colorado
River in Lake Havasu, Lake Havasu City,
Arizona in support of the Desert Storm
Shootout. This temporary 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 8 a.m.
on April 26 through 6 p.m. April 28,
2013. It will be enforced from 8 a.m.
through 6 p.m. on April 26 and 27,
2013. If the event is delayed by
inclement weather, it will also be
enforced from 8 a.m. to 6 p.m. on April
28, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0005]. 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 Deborah Metzger,
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
Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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17869
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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 notice
procedures were impracticable. The
Coast Guard did not receive notice of
the pertinent details of this event in
time to publish an NPRM and solicit
public comment. This is a very large
event with many spectators and
participants expecting it to occur as
scheduled.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard did not
receive notice of the pertinent details of
this event in time to allow for the delay
between publication and the effective
date of the rule. Delaying the effective
date would be contrary to the public
interest. Many spectators and
participants expect this event to occur
as scheduled. Immediate action is
necessary to ensure the safety of the
crew, spectators, and other vessels and
users of the waterway.
B. Basis and Purpose
The legal basis for this temporary rule
is the Ports and Waterways Safety Act
which authorizes the Coast Guard to
establish safety zones (33 U.S.C 1221 et
seq.).
Lake Racer LLC is sponsoring the
Desert Storm Shootout, which is to be
held on the Colorado River in Lake
Havasu City, Arizona. This temporary
safety zone is necessary to provide for
the safety of the participants, crew,
spectators, sponsor vessels, and other
users of the waterway. This event
involves powerboats participating in an
exhibition run on a closed course. The
size of the boats varies from 19 to 55
feet. Approximately 250 boats will
participate in this event. The sponsor
will provide approximately 25 rescue,
and safety patrol boats for the safety of
this event.
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Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Rules and Regulations
C. Discussion of Rule
The Coast Guard is establishing a
safety zone that will be enforced from 8
a.m. to 6 p.m. on April 26 and April 27,
2013. If the event is delayed by
inclement weather, this safety zone will
also be enforced on April 28, 2013, from
8 a.m. to 6 p.m. This safety zone is
necessary to provide for the safety of the
crews, spectators, and participants of
the event and to protect 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. This
temporary safety zone will be bound by
the following coordinates:
34°26′51″ N, 114°20′41″ W
34°27′17″ N, 114°20′51″ W
34°27′18″ N, 114°22′34″ W
34°26′55″ N, 114°22′59″ W
The Coast Guard may be assisted by the
other federal, state, or local agencies,
including the Coast Guard Auxiliary.
Vessel or persons violating this section
may be subject to both criminal and
civil penalties.
D. Regulatory Analyses
2. Impact on Small Entities
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.
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
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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
srobinson on DSK4SPTVN1PROD with NOTICES
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the Colorado River from 8
a.m. to 6 p.m. on April 26 and April 27,
2013. If the event is delayed by
inclement weather, these regulations
will also be enforced on April 28, 2013,
from 8 a.m. to 6 p.m.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. The safety zone
impacts a very small portion of Lake
Havasu. Commercial traffic will not be
impeded. Recreational traffic can
operate around the impacted area.
Before the effective period, the Coast
Guard will publish a Local Notice to
Mariners (LNM).
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. This determination is based on
the size and location of the safety zone.
Commercial vessels will not be
hindered by the safety zone.
Recreational vessels will be allowed to
transit through the designated safety
zone during enforcement periods after
receiving authorization from the Captain
of the Port or his designated
representative.
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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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not 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,
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Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Rules and Regulations
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.
(a) Location. This safety zone
encompasses the waters of Lake Havasu
on the Colorado River and is bound by
the following coordinates:
34°26′51″ N, 114°20′41″ W
34°27′17″ N, 114°20′51″ W
34°27′18″ N, 114°22′34″ W
34°26′55″ N, 114°22′59″ W
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
Dated: March 18, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
2. Add temporary § 165.T11–554 to
read as follows:
[FR Doc. 2013–06705 Filed 3–22–13; 8:45 am]
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. 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
■
■
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42
[Docket No. PTO–P–2013–0003]
RIN 0651–AC83
Changes To Implement the Technical
Corrections to the Leahy-Smith
America Invents Act as to Inter Partes
Review
(b) Enforcement period. This rule will
be enforced from 8 a.m. to 6 p.m. on
April 26 and April 27, 2013. If the event
is delayed by inclement weather, this
rule will also be enforced on April 28,
2013, from 8 a.m. to 6 p.m. If the need
for the safety zone ends before the
scheduled termination time, the Captain
of the Port will cease enforcement of
this safety zone and his designative
representative will announce that the
safety zone is no longer in effect.
(c) Definitions. The following
definition applies to this section:
Designated representative means any
commissioned, warrant, and petty
officer of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, or federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 21.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
a flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
srobinson on DSK4SPTVN1PROD with NOTICES
§ 165.T11–554 Safety zone; Desert Storm
Shootout; Lake Havasu, Lake Havasu City,
AZ
17871
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
The United States Patent and
Trademark Office (Office or USPTO) is
revising the rules of practice to
implement the changes with respect to
inter partes review that are set forth in
section 1(d) of the Act to correct and
improve certain provisions of the LeahySmith America Invents Act and title 35,
United States Code (‘‘AIA Technical
Corrections Act’’). Consistent with the
statutory changes, this final rule
eliminates the nine-month ‘‘dead zone’’
for filing an inter partes review petition
challenging a first-to-invent patent or
reissue patent. Under the final rule, a
petitioner may file an inter partes
review petition challenging a first-toinvent patent or reissue patent upon
issuance, including during the first nine
months after issuance.
DATES: Effective Date: March 25, 2013.
FOR FURTHER INFORMATION CONTACT:
Michael P. Tierney, Sally G. Lane, Sally
C. Medley, or Joni Y. Chang,
Administrative Patent Judges, Patent
Trial and Appeal Board, by telephone at
(571) 272–9797.
SUPPLEMENTARY INFORMATION:
Executive Summary: Purpose: The
purpose of the AIA Technical
Corrections Act is to correct and
improve certain provisions of the LeahySmith America Invents Act (‘‘AIA’’).
With respect to inter partes review,
section 1(d) of the AIA Technical
Corrections Act and this final rule
eliminate the nine-month ‘‘dead zone’’
for filing a petition challenging a firstto-invent patent or reissue patent. Under
this final rule, first-to-invent patents
and reissue patents are eligible for inter
partes review upon issuance. In other
words, a petitioner may file an inter
partes review petition challenging a
first-to-invent patent or reissue patent
upon issuance, including during the
first nine months after issuance. That
will improve patent quality and limit
unnecessary and counterproductive
litigation. The preamble of this rule sets
forth in detail statutory and regulatory
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 57 (Monday, March 25, 2013)]
[Rules and Regulations]
[Pages 17869-17871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06705]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0005]
RIN 1625-AA00
Safety Zone; Desert Storm Shootout; Lake Havasu, Lake Havasu
City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Colorado River in Lake Havasu, Lake Havasu
City, Arizona in support of the Desert Storm Shootout. This temporary
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 8 a.m. on April 26 through 6 p.m.
April 28, 2013. It will be enforced from 8 a.m. through 6 p.m. on April
26 and 27, 2013. If the event is delayed by inclement weather, it will
also be enforced from 8 a.m. to 6 p.m. on April 28, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0005]. 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 Deborah Metzger, 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 Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory 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 notice procedures were impracticable.
The Coast Guard did not receive notice of the pertinent details of this
event in time to publish an NPRM and solicit public comment. This is a
very large event with many spectators and participants expecting it to
occur as scheduled.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard did not receive
notice of the pertinent details of this event in time to allow for the
delay between publication and the effective date of the rule. Delaying
the effective date would be contrary to the public interest. Many
spectators and participants expect this event to occur as scheduled.
Immediate action is necessary to ensure the safety of the crew,
spectators, and other vessels and users of the waterway.
B. Basis and Purpose
The legal basis for this temporary rule is the Ports and Waterways
Safety Act which authorizes the Coast Guard to establish safety zones
(33 U.S.C 1221 et seq.).
Lake Racer LLC is sponsoring the Desert Storm Shootout, which is to
be held on the Colorado River in Lake Havasu City, Arizona. This
temporary safety zone is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and other users of the
waterway. This event involves powerboats participating in an exhibition
run on a closed course. The size of the boats varies from 19 to 55
feet. Approximately 250 boats will participate in this event. The
sponsor will provide approximately 25 rescue, and safety patrol boats
for the safety of this event.
[[Page 17870]]
C. Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
from 8 a.m. to 6 p.m. on April 26 and April 27, 2013. If the event is
delayed by inclement weather, this safety zone will also be enforced on
April 28, 2013, from 8 a.m. to 6 p.m. This safety zone is necessary to
provide for the safety of the crews, spectators, and participants of
the event and to protect 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. This temporary
safety zone will be bound by the following coordinates:
34[deg]26'51'' N, 114[deg]20'41'' W
34[deg]27'17'' N, 114[deg]20'51'' W
34[deg]27'18'' N, 114[deg]22'34'' W
34[deg]26'55'' N, 114[deg]22'59'' W
The Coast Guard may be assisted by the other federal, state, or local
agencies, including the Coast Guard Auxiliary. Vessel or persons
violating this section may be subject to both criminal and civil
penalties.
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. This determination is
based on the size and location of the safety zone. Commercial vessels
will not be hindered by the safety zone. Recreational vessels will be
allowed to transit through the designated safety zone during
enforcement periods after receiving authorization from the Captain of
the Port or his designated representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of the Colorado River from
8 a.m. to 6 p.m. on April 26 and April 27, 2013. If the event is
delayed by inclement weather, these regulations will also be enforced
on April 28, 2013, from 8 a.m. to 6 p.m.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone impacts a very small portion of Lake Havasu. Commercial
traffic will not be impeded. Recreational traffic can operate around
the impacted area. Before the effective period, the Coast Guard will
publish a Local Notice to Mariners (LNM).
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not 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,
[[Page 17871]]
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. 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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T11-554 to read as follows:
Sec. 165.T11-554 Safety zone; Desert Storm Shootout; Lake Havasu,
Lake Havasu City, AZ
(a) Location. This safety zone encompasses the waters of Lake
Havasu on the Colorado River and is bound by the following coordinates:
34[deg]26'51'' N, 114[deg]20'41'' W
34[deg]27'17'' N, 114[deg]20'51'' W
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 will be enforced from 8 a.m. to 6
p.m. on April 26 and April 27, 2013. If the event is delayed by
inclement weather, this rule will also be enforced on April 28, 2013,
from 8 a.m. to 6 p.m. If the need for the safety zone ends before the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and his designative representative will
announce that the safety zone is no longer in effect.
(c) Definitions. The following definition applies to this section:
Designated representative means any commissioned, warrant, and petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, or federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 21.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, a flashing light, or other means, the operator of a
vessel shall proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: March 18, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-06705 Filed 3-22-13; 8:45 am]
BILLING CODE 9110-04-P
