Safety Zone; Blue Water Resort & Casino West Coast Nationals; Parker, AZ, 23135-23137 [2013-09057]
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Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Rules and Regulations
has a vertical clearance in the closed
position of 10 feet above mean high
water and 19 feet above mean low
water. The bridge operating regulations
are listed at 33 CFR 117.537.
The waterway is transited by
recreational and commercial fishing
boats. There is an alternate route for
navigation around Southport.
The bridge owner, Maine Department
of Transportation, requested a
temporary deviation from the normal
operating schedule to facilitate deck
repairs at the bridge.
Under this temporary deviation, the
Southport SR27 Bridge shall operate as
follows: From April 27, 2013, through
May 27, 2013, between 6 a.m. and 6
p.m., Monday through Friday, except
holidays, the draw shall open on signal,
every two hours, at 6 a.m., 8 a.m., 10
a.m., 12 p.m., 2 p.m., 4 p.m., and 6 p.m.
From May 28, 2013, through June 28,
2013, between 6 p.m. and 6 a.m.,
Monday through Friday, except
holidays, the draw shall open on signal
at 6 p.m., 8 p.m., 10 p.m., 2 a.m., and
6 a.m.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: April 4, 2013.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2013–09054 Filed 4–17–13; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
A. Regulatory Information
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0095]
RIN 1625–AA00
Safety Zone; Blue Water Resort &
Casino West Coast Nationals; Parker,
AZ
Coast Guard, DHS.
Temporary Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the Lake Moovalya region of the
navigable waters of the Colorado River
in Parker, Arizona for the Blue Water
Resort & Casino West Coast Nationals.
This temporary safety zone is necessary
to provide for the safety of the
participants, crew, spectators, and
participating vessels. Persons and
TKELLEY on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:07 Apr 17, 2013
Jkt 229001
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
DATES: This rule is effective from 6 a.m.
on April 20, 2013, until 6 p.m. on April
21, 2013. It will be enforced from 6 a.m.
to 6 p.m. daily on April 20 and 21, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0095. To view documents
mentioned in this preamble as being
available in the docket, go to 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 Bryan Gollogly,
Waterways Management, U.S. Coast
Guard Sector San Diego; Coast Guard;
telephone 619–278–7656, email
d11marineventssd@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because delay
would be impracticable. The Coast
Guard did not receive necessary
information from the event sponsor in
time to publish a notice of proposed
rulemaking. The event is scheduled to
take place, and as such, immediate
action is necessary to ensure the safety
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
23135
of vessels, spectators, participants, and
others in the vicinity of the marine
event on the dates and times this rule
will be in effect.
Under 5 U.S.C. 553(d)(3), for the same
reasons mentioned above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be impracticable and contrary to
the public interest, since immediate
action is needed to ensure public safety.
B. Basis and Purpose
The legal basis for this temporary rule
is the Ports and Waterways Safety Act,
which authorizes the Coast Guard to
establish safety zones (33 U.S.C.
sections 1221 et seq.).
RPM Racing Enterprises is sponsoring
the Blue Water Resort & Casino West
Coast Nationals, which is held in
Parker, Arizona. This temporary safety
zone is necessary to provide for the
safety of the participants, crew,
spectators, sponsor vessels, and other
vessels and users of the waterway. This
event involves powerboats racing along
a closed course. The size of the boats
varies from eight to sixteen feet in
length. Approximately 100 boats will be
participating in this event. The sponsor
will provide two patrol and two rescue
boats to help facilitate the event and
ensure public safety.
C. Discussion of Rule
The Coast Guard is establishing a
safety zone that will be enforced from 6
a.m. to 6 p.m. on April 20, 2013, and
April 21, 2013. This safety zone is
necessary to provide for the safety of the
crews, spectators, participants, and
other vessels and users of the waterway.
Persons and vessels will be prohibited
from entering into, transiting through, or
anchoring with this safety zone unless
authorized by the Captain of the Port, or
his designated representative. This
temporary safety zone includes the
waters of the Colorado River between
Headgate Dam and 0.5 miles north of
the Blue Water Marina in Parker,
Arizona. Before the effective period, the
Coast Guard will publish a Local Notice
to Mariners (LNM).
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
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18APR1
23136
Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Rules and Regulations
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the size,
timeframe, and location of the safety
zone. Commercial vessels will not be
hindered by the safety zone.
Recreational vessels may transit through
the established safety zone during the
specified times if they obtain
authorization from the Captain of the
Port or his designated representative.
TKELLEY on DSK3SPTVN1PROD with RULES
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
the impacted portion of the Colorado
River from 6 a.m. to 6 p.m. on April 20,
2013, and April 21, 2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This safety zone
will only be enforced for two twelvehour periods. Although the safety zone
will apply to the entire width of the
river, traffic will be allowed to pass
through the zone with the permission of
the Coast Guard Captain of the Port or
his designated representative. Before the
effective period, the Coast Guard will
publish a Local Notice to Mariners
(LNM).
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
VerDate Mar<15>2010
16:07 Apr 17, 2013
Jkt 229001
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.
8. Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
4. Collection of Information
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.
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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Frm 00032
Fmt 4700
Sfmt 4700
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone. This rule
is categorically excluded, under figure
2–1, paragraph (34)(g), of the
Instruction.
E:\FR\FM\18APR1.SGM
18APR1
Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Rules and Regulations
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–547 to read as
follows:
■
§ 165.T11–547 Safety zone; Blue Water
Resort & Casino West Coast Nationals,
Parker, AZ.
(a) Location. This temporary safety
zone includes the waters of the
Colorado River between Headgate Dam
and 0.5 miles north of the Blue Water
Marina in Parker, Arizona.
(b) Enforcement Period. This section
will be in enforced from 6 a.m. to 6 p.m.
on April 20, and 21, 2013. Before the
effective period, the Coast Guard will
publish a Local Notice to Mariners
(LNM). If the event concludes prior to
Ana Cikowski ........................................
Himesh Patel ........................................
Garrett Hoyt .........................................
On
October 17, 2012, the Postal Service
published a Notice of Proposed
Rulemaking in the Federal Register (77
FR 63771–63781) to require use of fullservice Intelligent Mail to qualify for
automation prices when mailing FirstClass Mail (FCM), Standard Mail,
Periodicals, and Bound Printed Matter
(BPM) postcards, letters, or flats, as
applicable.
For questions regarding full-service
requirements, contact the Postal Service
by email at fullservice@usps.gov or call
the PostalOne! Help Desk at 800–522–
9085.
TKELLEY on DSK3SPTVN1PROD with RULES
Background
In January 2009, the Postal Service
offered the mailing industry two
Intelligent Mail options for automation
16:07 Apr 17, 2013
Dated: March 20, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
POSTAL SERVICE
39 CFR Part 111
Implementation of Full-Service
Intelligent Mail Requirements for
Automation Prices
AGENCY:
ACTION:
Postal Service TM.
Final rule.
The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®), throughout various sections to
modify eligibility requirements for
mailers to qualify for automation prices.
Effective January 26, 2014, use of ‘‘fullservice’’ Intelligent Mail® is required to
qualify for automation prices for
postcards (First-Class Mail® only),
letters, and flats when mailed using the
following services: First-Class Mail,
Standard Mail® and Periodicals®; and
for flats mailed at Bound Printed
Matter® prices. Additionally, the 10/24
transitional barcoded tray label format is
eliminated, and mailers are required to
use the 24-digit Intelligent Mail barcode
(IMb TM) format on tray, tub, and sack
labels.
SUMMARY:
DATES:
Effective Date: January 26, 2014.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2013–09057 Filed 4–17–13; 8:45 am]
BILLING CODE 9110–04–P
email: ana.cikowski@usps.gov ........................................................................
email: himesh.a.patel@usps.gov .....................................................................
email: garrett.m.hoyt@usps.gov .......................................................................
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
the scheduled termination time, the
Coast Guard will cease enforcement of
this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander. The Patrol
Commander may be contacted on VHF–
FM Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
a flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Jkt 229001
23137
discounts, which consisted of basicservice and full-service. Currently, a
large number of mailers are using these
two options and reaping numerous
benefits and value.
Since the introduction of full-service
Intelligent Mail, the Postal Service has
worked closely with mailers, software
vendors, and mail service providers to
simplify, refine, and evolve full-service
offerings. While thousands of users
demonstrated the ability to meet the
requirements for full-service Intelligent
Mail, the Postal Service recognizes that
this initiative requires significant
changes for those mailers who currently
benefit from automation discounts but
are not presenting full-service mailings.
Therefore, the Postal Service is
continually working with the mailing
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Frm 00033
Fmt 4700
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phone: 202–268–8079.
phone: 703–280–7498.
phone: 202–268–5714.
industry to simplify the transition to
full-service Intelligent Mail.
Full-Service Mailings
Full-service Intelligent Mail combines
the use of unique barcodes with the
provision of electronic information
regarding the makeup and preparation
of mail, which provides high-value
services and enables efficient mail
processing.
Mailings must bear Intelligent Mail
barcodes on mailpieces, trays, and
containers, where applicable. Also,
mailers must submit mailing
documentation electronically.
When preparing full-service mailings,
mailers are required to:
• Apply unique Intelligent Mail
barcodes (IMb) to identify each
postcard, letter, and flat mailpiece.
E:\FR\FM\18APR1.SGM
18APR1
Agencies
[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Rules and Regulations]
[Pages 23135-23137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09057]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0095]
RIN 1625-AA00
Safety Zone; Blue Water Resort & Casino West Coast Nationals;
Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Lake Moovalya region of the navigable waters of the Colorado River
in Parker, Arizona for the Blue Water Resort & Casino West Coast
Nationals. This temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, and participating
vessels. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.
DATES: This rule is effective from 6 a.m. on April 20, 2013, until 6
p.m. on April 21, 2013. It will be enforced from 6 a.m. to 6 p.m. daily
on April 20 and 21, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0095. To view documents mentioned in this preamble as being
available in the docket, go to 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 Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego; Coast Guard; telephone 619-278-7656,
email d11marineventssd@uscg.mil. If you have questions on viewing the
docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delay would be impracticable. The
Coast Guard did not receive necessary information from the event
sponsor in time to publish a notice of proposed rulemaking. The event
is scheduled to take place, and as such, immediate action is necessary
to ensure the safety of vessels, spectators, participants, and others
in the vicinity of the marine event on the dates and times this rule
will be in effect.
Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Delaying
the effective date would be impracticable and contrary to the public
interest, since immediate action is needed to ensure public safety.
B. Basis and Purpose
The legal basis for this temporary rule is the Ports and Waterways
Safety Act, which authorizes the Coast Guard to establish safety zones
(33 U.S.C. sections 1221 et seq.).
RPM Racing Enterprises is sponsoring the Blue Water Resort & Casino
West Coast Nationals, which is held in Parker, Arizona. This temporary
safety zone is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels, and other vessels and users of the
waterway. This event involves powerboats racing along a closed course.
The size of the boats varies from eight to sixteen feet in length.
Approximately 100 boats will be participating in this event. The
sponsor will provide two patrol and two rescue boats to help facilitate
the event and ensure public safety.
C. Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
from 6 a.m. to 6 p.m. on April 20, 2013, and April 21, 2013. This
safety zone is necessary to provide for the safety of the crews,
spectators, participants, and other vessels and users of the waterway.
Persons and vessels will be prohibited from entering into, transiting
through, or anchoring with this safety zone unless authorized by the
Captain of the Port, or his designated representative. This temporary
safety zone includes the waters of the Colorado River between Headgate
Dam and 0.5 miles north of the Blue Water Marina in Parker, Arizona.
Before the effective period, the Coast Guard will publish a Local
Notice to Mariners (LNM).
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of
[[Page 23136]]
Executive Order 12866, Regulatory Planning and Review, as supplemented
by Executive Order 13563, Improving Regulation and Regulatory Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under those Orders.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size, timeframe, and location of the safety zone. Commercial
vessels will not be hindered by the safety zone. Recreational vessels
may transit through the established safety zone during the specified
times if they obtain authorization from the Captain of the Port or his
designated representative.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the impacted portion of the Colorado River from 6
a.m. to 6 p.m. on April 20, 2013, and April 21, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone will only be enforced for two twelve-hour periods. Although
the safety zone will apply to the entire width of the river, traffic
will be allowed to pass through the zone with the permission of the
Coast Guard Captain of the Port or his designated representative.
Before the effective period, the Coast Guard will publish a Local
Notice to Mariners (LNM).
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction.
[[Page 23137]]
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T11-547 to read as follows:
Sec. 165.T11-547 Safety zone; Blue Water Resort & Casino West Coast
Nationals, Parker, AZ.
(a) Location. This temporary safety zone includes the waters of the
Colorado River between Headgate Dam and 0.5 miles north of the Blue
Water Marina in Parker, Arizona.
(b) Enforcement Period. This section will be in enforced from 6
a.m. to 6 p.m. on April 20, and 21, 2013. Before the effective period,
the Coast Guard will publish a Local Notice to Mariners (LNM). If the
event concludes prior to the scheduled termination time, the Coast
Guard will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander. The
Patrol Commander may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, a flashing light, or other means, the operator of a
vessel shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: March 20, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-09057 Filed 4-17-13; 8:45 am]
BILLING CODE 9110-04-P