Safety Zone, Lucas Oil Drag Boat Racing Series; Thompson Bay, Lake Havasu City, AZ., 60698-60700 [2013-23995]

Download as PDF 60698 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations NPRM DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0746] RIN 1625–AA00 Safety Zone, Lucas Oil Drag Boat Racing Series; Thompson Bay, Lake Havasu City, AZ. Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone within the navigable waters of Thompson Bay in Lake Havasu, AZ for the Lucas Oil Drag Boat Racing Series. This temporary safety zone is necessary to provide safety for the racers, crew, spectators, vessels and other users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative. SUMMARY: This rule is effective from 7 a.m. to 7 p.m. on October 11, 2013 thru October 13, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0746]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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; 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: sroberts on DSK5SPTVN1PROD with RULES DATES: Table of Acronyms DHS Department of Homeland Security FR Federal Register VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 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 the logistical details of the Lucas Oil Drag Boat Racing Series were not finalized nor presented to the Coast Guard in enough time to draft and publish an NPRM. As such, the event would occur before the rulemaking process was complete. 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 because it is impractical and contrary to the public interest. The Coast Guard did not have the necessary event information in time to provide both a comment period and allow for a 30 day delayed effective date. Immediate action is required to ensure the safety zone is in place to protect participants, crew, spectators, participating vessels, and other vessels and users of the waterway during the event. 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.). The Coast Guard is establishing a temporary safety zone on the navigable waters of the Thompson Bay, Lake Havasu, AZ for The Lucas Oil Drag Boat Racing Series. This safety zone is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and other users of the waterway. At this event, over 100 race teams from across the United States and Canada are expected to participate. The safety zone will cover the majority of Thompson Bay. The course requires enforcement of a safety zone while the drag boats are on the course, thus restricting vessel traffic within the Thompson Bay for 36 hours spanning three days. There will be 20 safety vessels provided by the sponsor to help monitor the area encompassed by the temporary safety zone. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 C. Discussion of the Final Rule The Coast Guard is establishing a temporary safety zone that will be enforced from 7 a.m. to 7 p.m. on October 11, 2013 thru October 13, 2013. The safety zone includes the waters of Thompson Bay encompassed by drawing a line from point to point along the following coordinates: Northern Zone line: 34°27′57.96″ N, 114°20′48.49″ W 34°27′57.71″ N, 114°20′49.75″ W North West Zone Line: 34°27′07.99″ N, 114°21′09.93″ W 34°26′51.99″ N, 114°21′03.83″ W South Zone Line: 34°27′07.99″ N, 114°21′09.93″ W 34°26′51.99″ N, 114°21′03.83″ W This safety zone is necessary to ensure personnel and vessels remain safe by keeping clear during the high speed transit of drag boats. 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. Before the effective period, the Coast Guard will publish a Coast Guard District Eleven Local Notice to Mariners information on the event and associated safety zone. Vessels will be able to transit the surrounding area and may be authorized to transit through the safety zone with the permission of the Captain of the Port of the designated representative. Before activating the zones, the Coast Guard will notify mariners by appropriate means including but not limited to Local Notice to Mariners. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of 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, duration and location of the safety zone. Commercial vessels will not be hindered by the safety zone. Recreational vessels may be allowed to E:\FR\FM\02OCR1.SGM 02OCR1 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations transit through the designated safety zone during the specified times if they request and obtain authorization from the Captain of the Port, or his designated representative. Additionally, before the effective period, the Coast Guard will publish a Local Notice to Mariners. sroberts on DSK5SPTVN1PROD 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. (1) This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in the aforementioned portion of Lake Havasu from 7 a.m. to 7 p.m. on October 11, 2013 thru October 13, 2013. (2) 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 in effect for 36 hours. When authorized by the Coast Guard Captain of the Port, San Diego, or his designated representative, vessel traffic can transit through the zone utilizing the ‘‘Follow Me’’ sponsor supplied vessels that will be on-scene to guide non participant vessels along designated routes. 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 VerDate Mar<15>2010 15:59 Oct 01, 2013 Jkt 232001 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. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 60699 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 the 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. 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: E:\FR\FM\02OCR1.SGM 02OCR1 60700 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ [FR Doc. 2013–23995 Filed 10–1–13; 8:45 am] 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T11–596 to read as follows: ■ sroberts on DSK5SPTVN1PROD with RULES (a) Location. The safety zone includes the waters of Thompson Bay encompassed by drawing a line from point to point along the following coordinates: Northern Zone Line: 34°27′57.96″ N, 114°20′48.49″ W 34°27′57.71″ N, 114°20′49.75″ W North West Zone Line: 34°27′07.99″ N, 114°21′09.93″ W 34°26′51.99″ N, 114°21′03.83″ W South Zone Line: 34°27′07.99″ N, 114°21′09.93″ W 34°26′51.99″ N, 114°21′03.83″ W (b) Enforcement period. This safety zone will be enforced from 7 a.m. to 7 p.m. on October 11, 2013 thru October 13, 2013. (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 Coast Guard Captain of the Port, San Diego, or his designated representative. (3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated representative. (4) Upon being hailed by the Captain of the Port of San Diego or his designated representative 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. 17:41 Oct 01, 2013 Jkt 232001 BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 § 165.T11–596 Safety Zone, Lucas Oil Drag Boat Racing Series; Thompson Bay, Lake Havasu City, AZ. VerDate Mar<15>2010 Dated: September 10, 2013. S.M. Mahoney, Captain, U.S. Coast Guard, Captain of the Port San Diego. [EPA–R09–OAR–2013–0489; FRL–9901–58– Region 9] Source Specific Federal Implementation Plan for Implementing Best Available Retrofit Technology for Four Corners Power Plant; Navajo Nation; Extension of Notification Deadline Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: On August 24, 2012, EPA promulgated a Federal Implementation Plan (FIP) to implement the Best Available Retrofit Technology (BART) requirement of the Regional Haze Rule for the Four Corners Power Plant (FCPP), which is located on the Navajo Nation Indian Reservation. Included in the FIP was a requirement that by July 1, 2013, Arizona Public Service (APS), co-owner and operator of FCPP must notify EPA of its selected BART compliance strategy. On June 19, 2013, APS requested that EPA extend the notification date from July 1 to December 31, 2013, due to new uncertainties related to the potential deregulation of the retail electricity market in Arizona that complicate its decision for selecting a BART compliance option. In response to this request, on July 11, 2013, EPA proposed to extend the notification date, from July 1, 2013 to December 31, 2013. EPA did not receive any comments during the 30-day public comment period for the proposed action. EPA received one comment that was emailed to EPA on August 13, 2013, one day after the close of the comment period. We are providing a response to the late comment, however the information in the late comment did not change the basis or justification for our proposal to extend the notification date. Therefore, EPA is taking final action to extend the notification date in the FIP from July 1, 2013 to December 31, 2013. DATES: This rule is effective on November 1, 2013. ADDRESSES: EPA established a docket for this action at EPA–R09–OAR–2013– SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 0489. Generally, documents in the docket are available electronically at www.regulations.gov or in hard copy at EPA Region 9, 75 Hawthorne Street, San Francisco, California. While documents in the docket are listed in the index, some information may be publicly available only at EPA Region 9 (e.g., maps, voluminous reports, copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact person listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Anita Lee, EPA Region 9, (415) 972– 3958, r9_airplanning@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. Table of Contents I. Background II. Summary of EPA Action and Response to Late Comment III. Statutory and Executive Order Reviews I. Background FCPP is a privately owned and operated coal-fired power plant located on the Navajo Nation Indian Reservation near Farmington, New Mexico. Based on lease agreements signed in 1960, FCPP was constructed and has been operating on real property held in trust by the Federal government for the Navajo Nation. The facility consists of five coalfired electric utility steam generating units with a total capacity of 2,060 megawatts (MW). Units 1, 2, and 3 at FCPP are owned entirely by APS, which serves as the facility operator, and are rated to 170 MW (Units 1 and 2) and 220 MW (Unit 3). Units 4 and 5 are each rated to a capacity of 750 MW, and are co-owned by six entities: Southern California Edison (48 percent), APS (15 percent), Public Service Company of New Mexico (13 percent), Salt River Project (10 percent), El Paso Electric Company (7 percent), and Tucson Electric Power (7 percent). On August 24, 2012, EPA promulgated a FIP that established limits for emissions of oxides of nitrogen (NOX) from FCPP under the BART provision of the Regional Haze Rule (77 FR 51620). The final FIP required the owners of FCPP to implement one of two strategies for BART compliance: (1) Compliance with a facility-wide BART emission limit for NOX of 0.11 pounds per million British Thermal Units of heat input (lb/MMBtu) by October 23, 2017, or (2) retirement of Units 1, 2, and 3 by January 1, 2014, and compliance with a BART emission limit E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60698-60700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23995]



[[Page 60698]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0746]
RIN 1625-AA00


Safety Zone, Lucas Oil Drag Boat Racing Series; Thompson Bay, 
Lake Havasu City, AZ.

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the navigable waters of Thompson Bay in Lake Havasu, AZ for the Lucas 
Oil Drag Boat Racing Series. This temporary safety zone is necessary to 
provide safety for the racers, crew, spectators, vessels and other 
users of the waterway. Persons and vessels are prohibited from entering 
into, transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port or his designated representative.

DATES: This rule is effective from 7 a.m. to 7 p.m. on October 11, 2013 
thru October 13, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0746]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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; 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 the logistical details of the Lucas 
Oil Drag Boat Racing Series were not finalized nor presented to the 
Coast Guard in enough time to draft and publish an NPRM. As such, the 
event would occur before the rulemaking process was complete.
    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 because it is impractical and 
contrary to the public interest. The Coast Guard did not have the 
necessary event information in time to provide both a comment period 
and allow for a 30 day delayed effective date. Immediate action is 
required to ensure the safety zone is in place to protect participants, 
crew, spectators, participating vessels, and other vessels and users of 
the waterway during the event.

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.). The Coast Guard is establishing a temporary 
safety zone on the navigable waters of the Thompson Bay, Lake Havasu, 
AZ for The Lucas Oil Drag Boat Racing Series. This safety zone is 
necessary to provide for the safety of the participants, crew, 
spectators, sponsor vessels, and other users of the waterway. At this 
event, over 100 race teams from across the United States and Canada are 
expected to participate. The safety zone will cover the majority of 
Thompson Bay. The course requires enforcement of a safety zone while 
the drag boats are on the course, thus restricting vessel traffic 
within the Thompson Bay for 36 hours spanning three days. There will be 
20 safety vessels provided by the sponsor to help monitor the area 
encompassed by the temporary safety zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone that will 
be enforced from 7 a.m. to 7 p.m. on October 11, 2013 thru October 13, 
2013. The safety zone includes the waters of Thompson Bay encompassed 
by drawing a line from point to point along the following coordinates:

    Northern Zone line:
34[deg]27'57.96'' N, 114[deg]20'48.49'' W
34[deg]27'57.71'' N, 114[deg]20'49.75'' W

    North West Zone Line:
34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    South Zone Line:
34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

This safety zone is necessary to ensure personnel and vessels remain 
safe by keeping clear during the high speed transit of drag boats. 
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.
    Before the effective period, the Coast Guard will publish a Coast 
Guard District Eleven Local Notice to Mariners information on the event 
and associated safety zone.
    Vessels will be able to transit the surrounding area and may be 
authorized to transit through the safety zone with the permission of 
the Captain of the Port of the designated representative. Before 
activating the zones, the Coast Guard will notify mariners by 
appropriate means including but not limited to Local Notice to 
Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of 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, duration and location of the safety zone. Commercial 
vessels will not be hindered by the safety zone. Recreational vessels 
may be allowed to

[[Page 60699]]

transit through the designated safety zone during the specified times 
if they request and obtain authorization from the Captain of the Port, 
or his designated representative. Additionally, before the effective 
period, the Coast Guard will publish a Local Notice to Mariners.

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.
    (1) This rule will affect the following entities, some of which may 
be small entities: The owners or operators of vessels intending to 
transit or anchor in the aforementioned portion of Lake Havasu from 7 
a.m. to 7 p.m. on October 11, 2013 thru October 13, 2013.
    (2) 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 in effect for 36 hours. When authorized by the 
Coast Guard Captain of the Port, San Diego, or his designated 
representative, vessel traffic can transit through the zone utilizing 
the ``Follow Me'' sponsor supplied vessels that will be on-scene to 
guide non participant vessels along designated routes.

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 the 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.

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:

[[Page 60700]]

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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


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2. Add temporary Sec.  165.T11-596 to read as follows:


Sec.  165.T11-596  Safety Zone, Lucas Oil Drag Boat Racing Series; 
Thompson Bay, Lake Havasu City, AZ.

    (a) Location. The safety zone includes the waters of Thompson Bay 
encompassed by drawing a line from point to point along the following 
coordinates:

    Northern Zone Line:
34[deg]27'57.96'' N, 114[deg]20'48.49'' W
34[deg]27'57.71'' N, 114[deg]20'49.75'' W

    North West Zone Line:
34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    South Zone Line:
34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    (b) Enforcement period. This safety zone will be enforced from 7 
a.m. to 7 p.m. on October 11, 2013 thru October 13, 2013.
    (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 Coast Guard Captain of 
the Port, San Diego, or his designated representative.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by the Captain of the Port of San Diego or 
his designated representative 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: September 10, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-23995 Filed 10-1-13; 8:45 am]
BILLING CODE 9110-04-P