Safety Zone; Great Western Tube Float; Colorado River; Parker, AZ, 33703-33705 [2013-13283]
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations
representative’’ of the Captain of the
Port, Sector Delaware Bay is any Coast
Guard commissioned warrant or petty
officer who has been authorized by the
Captain of the Port to act on her behalf.
(e) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the regulated by Federal,
State, and local agencies.
Dated: May 20, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port Sector Delaware Bay.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2013–13282 Filed 6–4–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0268]
RIN 1625–AA00
Safety Zone; Great Western Tube
Float; Colorado River; Parker, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Colorado
River in Parker, Arizona for the Great
Western Tube Float on June 8, 2013.
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 8:30
a.m. to 3 p.m. on June 8, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0268]. 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
VerDate Mar<15>2010
16:07 Jun 04, 2013
Jkt 229001
email Lieutenant John Bannon,
Waterways Management, U.S. Coast
Guard Sector San Diego; telephone (619)
278–7261, email
John.E.Bannon@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:
A. Regulatory History and 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
publishing an NPRM would have been
impracticable. The permit application
was not received with enough time
available to publish an NPRM. 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.). The Parker Area
Chamber of Commerce is sponsoring the
Great Western Tube Float, which is held
on the navigable waters of the Colorado
River in Parker, AZ. 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 people floating down the
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33703
river on inflatable rafts, inner tubes and
floating platforms. The size of vessels
used will vary in length. Approximately
5,000 people are expected to participate
in this event. The sponsor will provide
16 patrol and rescue boats to help
facilitate the event and ensure public
safety.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone that will be enforced from
8:30 a.m. to 3 p.m. on June 8, 2013. The
limits of the safety zone will include all
navigable waters of the Colorado River
from La Paz County Park to the Blue
Water Resort & Casino. The safety zone
is necessary to provide for the safety of
participants, crew, rescue personnel,
and other users of the waterway.
Persons and vessels will be prohibited
from entering into, transiting through, or
anchoring within the safety zone unless
authorized by the Captain of the Port, or
his designated representative.
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.
The safety zone will encompass the
entire width of the river from La Paz
County Park to the Blue Water Resort &
Casino. However, vessels may transit
through the safety zone if they request
and receive permission 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
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations
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 between 8:30 a.m. and 3 p.m. on
June 8, 2013.
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 entire
width of the river, traffic would be
allowed to pass through the zone with
the permission of the Coast Guard patrol
commander. Before the effective period,
the Coast Guard will publish a Local
Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
TKELLEY on DSK3SPTVN1PROD with RULES
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).
16:07 Jun 04, 2013
Jkt 229001
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 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
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
VerDate Mar<15>2010
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.
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.
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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
establishing a temporary 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.
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.T11–562 to read as
follows:
■
§ 165.T11–562 Safety zone; Great Western
Tube Float; Parker, AZ.
(a) Location. This temporary safety
zone includes the waters of the
Colorado River between La Paz County
Park to the Blue Water Resort & Casino
and the width of the river in Parker, AZ.
(b) Enforcement Period. This section
will be enforced from 8:30 a.m. to 3 p.m.
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations
on June 8, 2013. Before the effective
period, the Coast Guard will publish a
Local Notice to Mariners. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and his designated representative
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 can request permission to
transit through the safety zone from the
Patrol Commander. The Patrol
Commander can be contacted on VHF–
FM channels 16 and 23.
(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,
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: May 17, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2013–13283 Filed 6–4–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 212, 214, 215, 222, 228,
241, 251, 254, and 292
RIN 0596–AB45
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Postdecisional Administrative Review
Process for Occupancy or Use of
National Forest System Lands and
Resources
USDA, Forest Service.
Final rule.
AGENCY:
ACTION:
SUMMARY: The United States Department
of Agriculture (Department) is issuing
this final rule to update, rename, and
relocate the administrative appeal
regulations governing occupancy or use
VerDate Mar<15>2010
16:07 Jun 04, 2013
Jkt 229001
of National Forest System (NFS) lands
and resources. The appeal process for
decisions related to occupancy or use of
NFS lands and resources has remained
substantially unchanged since 1989.
This final rule simplifies the appeal
process, shortens the appeal period, and
reduces the cost of appeal while still
providing a fair and deliberate
procedure by which eligible individuals
and entities may obtain administrative
review of certain types of Forest Service
(Agency) decisions affecting their
occupancy or use of NFS lands and
resources. The final rule also moves the
provision entitled ‘‘Mediation of Term
Grazing Permit Disputes’’ to a more
appropriate location in the range
management regulations. Finally,
conforming technical revisions to other
parts of the Code of Federal Regulations
(CFR) affected by this final rule are
being made.
DATES: This rule is effective June 5,
2013.
FOR FURTHER INFORMATION CONTACT: Deb
Beighley, Assistant Director, Appeals
and Litigation, Ecosystem Management
Coordination Staff, 202–205–1277, or
Mike McGee, Appeals Specialist,
Ecosystem Management Coordination
Staff, 202–205–1323.
SUPPLEMENTARY INFORMATION:
Background and Need for the Final
Rule
On January 23, 1989, the Department
adopted an administrative appeal rule at
36 CFR part 251, subpart C (54 FR 3362)
(251 Appeal Rule). The 251 Appeal Rule
sets procedures for holders of or, in
some cases, applicants for a written
authorization to occupy and use NFS
lands and resources to appeal certain
Forest Service decisions with regard to
the issuance, approval, or
administration of the written
instrument. The 251 Appeal Rule
establishes who may appeal, the kinds
of decisions that can and cannot be
appealed, the responsibilities of parties
to the appeal, and the various
timeframes that govern the conduct of
an appeal. The appeal procedures vary
depending on whether the decision
subject to appeal was made by a District
Ranger, Forest or Grassland Supervisor,
Regional Forester, or the Chief. Except
for the addition of a section governing
mediation of term grazing permit
disputes in 1999, the 251 Appeal Rule
has changed little since its adoption in
1989.
As a result of technological advances,
communications improvements, and the
Agency’s experience administering the
251 Appeal Rule for more than 20 years,
the Forest Service identified several
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33705
modifications to simplify the appeal
process, shorten the appeal time period,
and achieve cost savings. This final rule
relocates the 251 Appeal Rule to a new
part 214 entitled, ‘‘Postdecisional
Administrative Review Process for
Occupancy or Use of National Forest
System Lands and Resources,’’ and
reserves 36 CFR part 251, subpart C. In
addition, the final rule makes minor,
nonsubstantive changes to 36 CFR part
251, subpart B, for clarity and to
distinguish terms in that subpart from
part 214. This final rule also moves the
provision governing mediation of term
grazing permit disputes to a new
subpart B under the range management
regulations found at 36 CFR part 222,
since mediation is unique to the range
management program and is not part of
the administrative review process under
the 251 Appeal Rule.
Public Involvement and Changes Made
in Response to Public Comments
Proposed part 214 was published in
the Federal Register on October 11,
2011 (76 FR 62694). The 60-day public
comment period ended December 12,
2011. The Forest Service received
comments from 43 respondents. The
Agency analyzed the comments and
considered them in developing the final
rule.
Following is a summary of the
comments and the Agency’s response.
The responses to the public comments
are divided between general comments
and those that involve specific sections
of the proposed rule.
General Comments
Comment: One respondent expressed
concern about the lack of public notice
provided by the Forest Service regarding
the change in the 251 Appeal Rule and
noted that publication in the Federal
Register is the bare minimum
requirement to be met in public
notification procedures and that the
Agency should have sent letters to all
interested parties and circulated notice
broadly.
Response: The Administrative
Procedure Act (5 U.S.C. 553(b)) specifies
publication in the Federal Register as
the required means of providing public
notice of proposed rules. The exception
is for rules that name particular persons,
who must be personally served or
provided actual notice of the proposed
rule. This exception does not apply to
proposed part 214, which does not
name any particular persons. In
addition to publishing the proposed rule
in the Federal Register, the Agency sent
a letter to 25 national organizations
representing holders of all types of
written authorizations covered by the
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]]>Agencies
[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33703-33705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13283]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0268]
RIN 1625-AA00
Safety Zone; Great Western Tube Float; Colorado River; Parker, 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 Parker, Arizona for the Great
Western Tube Float on June 8, 2013. 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 8:30 a.m. to 3 p.m. on June 8, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0268]. 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 Lieutenant John Bannon, Waterways Management, U.S. Coast
Guard Sector San Diego; telephone (619) 278-7261, email
John.E.Bannon@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 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 publishing an NPRM would have been
impracticable. The permit application was not received with enough time
available to publish an NPRM. 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.). The Parker Area Chamber of Commerce
is sponsoring the Great Western Tube Float, which is held on the
navigable waters of the Colorado River in Parker, AZ. 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 people floating down the river on
inflatable rafts, inner tubes and floating platforms. The size of
vessels used will vary in length. Approximately 5,000 people are
expected to participate in this event. The sponsor will provide 16
patrol and rescue boats to help facilitate the event and ensure public
safety.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that will be enforced
from 8:30 a.m. to 3 p.m. on June 8, 2013. The limits of the safety zone
will include all navigable waters of the Colorado River from La Paz
County Park to the Blue Water Resort & Casino. The safety zone is
necessary to provide for the safety of participants, crew, rescue
personnel, and other users of the waterway. Persons and vessels will be
prohibited from entering into, transiting through, or anchoring within
the safety zone unless authorized by the Captain of the Port, or his
designated representative.
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. The safety zone will
encompass the entire width of the river from La Paz County Park to the
Blue Water Resort & Casino. However, vessels may transit through the
safety zone if they request and receive permission 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
[[Page 33704]]
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 between 8:30 a.m. and 3 p.m. on
June 8, 2013.
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 entire width of the river,
traffic would be allowed to pass through the zone with the permission
of the Coast Guard patrol commander. Before the effective period, the
Coast Guard will publish a Local Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule 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
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 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 establishing a temporary 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.
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.T11-562 to read as follows:
Sec. 165.T11-562 Safety zone; Great Western Tube Float; Parker, AZ.
(a) Location. This temporary safety zone includes the waters of the
Colorado River between La Paz County Park to the Blue Water Resort &
Casino and the width of the river in Parker, AZ.
(b) Enforcement Period. This section will be enforced from 8:30
a.m. to 3 p.m.
[[Page 33705]]
on June 8, 2013. Before the effective period, the Coast Guard will
publish a Local Notice to Mariners. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and his designated representative 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 can request permission to transit through the safety
zone from the Patrol Commander. The Patrol Commander can be contacted
on VHF-FM channels 16 and 23.
(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, 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: May 17, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-13283 Filed 6-4-13; 8:45 am]
BILLING CODE 9110-04-P
