Special Local Regulation; Lake Havasu City Christmas Boat Parade of Lights; Colorado River; Lake Havasu, AZ, 71493-71495 [2013-28583]

Download as PDF Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations into, transiting through, or anchoring within this zone unless authorized by the Captain of the Port, or his designated representative. ■ Par. 2. The authority citation for part DATES: This rule is effective from 5 p.m. 602 continues to read as follows: to 9 p.m. on December 6th, December Authority: 26 U.S.C. 7805. 7th, and December 14th, 2013. ADDRESSES: Documents mentioned in ■ Par. 3. In § 602.101, paragraph (b) is this preamble are part of docket [USCG– amended by adding the following entry 2013–0917]. To view documents in numerical order to the table to read mentioned in this preamble as being as follows: available in the docket, go to http:// § 602.101 OMB Control numbers. www.regulations.gov, type the docket * * * * * number in the ‘‘SEARCH’’ box and click (b) * * * ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this CFR Part or section where Current OMB rulemaking. You may also visit the identified and described control No. Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West * * * * 57.2(e)(2)(i) ........................... 1545–2249 Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. * * * * and 5 p.m., Monday through Friday, except Federal holidays. John Dalrymple, FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or Deputy Commissioner for Services and Enforcement. email Petty Officer Bryan Gollogly, Waterways Management, U.S. Coast Approved: November 13, 2013. Guard Sector San Diego; telephone (619) Mark J. Mazur, 278–7656, email d11marineeventssd@ Assistant Secretary of the Treasury (Tax uscg.mil. If you have questions on Policy). viewing or submitting material to the [FR Doc. 2013–28412 Filed 11–26–13; 4:15 pm] docket, call Barbara Hairston, Program BILLING CODE 4830–01–P Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND SECURITY Table of Acronyms PART 602—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT [Docket No. USCG–2013–0917] BNM Broadcast Notices to Mariners COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking RIN 1625–AA00 A. Regulatory History and Information Coast Guard 33 CFR Part 100 Special Local Regulation; Lake Havasu City Christmas Boat Parade of Lights; Colorado River; Lake Havasu, AZ Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is temporarily modifying the dates for the special local regulation in support of the Lake Havasu City Christmas Boat Parade of Lights on the Colorado River. This modification is necessary to reflect the actual dates of the event for this year which are December 6th and December 7th, 2013. Additionally, this temporary final rule adds a third evening, December 14th, 2013. This rule 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 sroberts on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 20:31 Nov 27, 2013 Jkt 232001 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 logistical details pertaining to this year’s dates were not known by the Coast Guard in time to publish an NPRM and wait for the comment period to run. Immediate action is needed to ensure the special local regulations listed in 33 CFR 100.1102 (table 1, item 10) will be PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 71493 in effect on the actual dates of the event, which are December 6th, December 7th, and December 14th, 2013. Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in the effective date of this rule would be contrary to the public interest, because immediate action is necessary to protect the parade vessels from the dangers associated with non participant vessels transiting the event area. B. Basis and Purpose The legal basis and authorities for this rulemaking establishing a special local regulation are found in 33 U.S.C. 1233, which authorize the Coast Guard to establish and define special local regulations. This temporary final rule and notice of enforcement will protect the participating vessels over the three evenings in December in a marine event sponsored by the London Bridge Yacht Club. The annual Lake Havasu City Christmas Boat Parade of Lights will involve fifty vessels in Lake Havasu, AZ transiting Thompson Bay, proceeding through Bridgewater Channel, circling in front of Windsor Beach and returning through Bridgewater Channel. The regulated zone will encompass the navigable waters in the northern portion of Thompson Bay, the Bridgewater Channel, and waters off Windsor Beach. Vessel participants will be traveling in a parade line that will affect normal traffic patterns. In addition, event participants will be utilizing additional holiday lighting that will obscure or confuse required normal Navigation Lights and increase the dangers associated with non participating vessels transiting the area. This temporary special local regulation is necessary to prevent vessels from transiting the area and to protect the participating vessels and passengers from potential damage and injury. C. Discussion of the Final Rule The Coast Guard is changing the dates of the special local regulation currently listed in 33 CFR 100.1102 (table 1, item 10). This change differs from the existing regulation by specifying that the event will be held on December 6, December 7 and December 14, 2013, instead of the first weekend in December. The special local regulations for the Lake Havasu City Christmas Boat Parade of Lights will be enforced from 5 p.m. to 9 p.m. on Friday, December 6, E:\FR\FM\29NOR1.SGM 29NOR1 71494 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 2013; Saturday, December 7, 2013 and Saturday December 14, 2013. The special local regulation zone will encompass the waters in the northern portion of Thompson Bay, the Bridgewater Channel, and waters off Windsor Beach. The zone is necessary to provide for the safety of the spectators, participants, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this zone unless authorized by the Captain of the Port, or his designated representative. Persons or vessels requiring entry into or passage through the special local regulation must request permission from the Captain of the Port, or his designated representative. 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. sroberts on DSK5SPTVN1PROD with RULES 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size and location of the zone. Commercial vessels will not be hindered by the zone. Recreational vessels will not be allowed to transit through the designated zone during the specified times. 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. VerDate Mar<15>2010 20:31 Nov 27, 2013 Jkt 232001 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule would 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 Lake Havasu from 5 p.m. to 9 p.m. on December 6, 7, and 14, 2013. These special local regulations will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be enforced only in the evening when vessel traffic is low. Before the effective period, the Coast Guard will publish a local notice to mariners (LNM). 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 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 E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and 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 special local regulation, upon the navigable waters of Lake Havasu. This rule is categorically excluded from further review under paragraph 34(h) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 100 (c) Definitions. The following definition applies to this section: designated representative, means any commissioned, warrant, and petty officers 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) In accordance with the general regulations in § 100.35 of this part, entry into this area is prohibited unless authorized by the Captain of the Port of San Diego or his designated on-scene representative. (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated representative. (3) Upon being hailed by U.S. Coast Guard patrol personnel or designated law enforcement representatives by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (4) The Coast Guard may be assisted by other federal, state, or local agencies. Dated: November 6, 2013. S. M. Mahoney, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2013–28583 Filed 11–27–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard amends 33 CFR Part 100 as follows: 1. The authority citation for Part 100 continues to read as follows: 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 Coast Guard was not notified of the need for this rule until 31 October 2013, and the Portsmouth Naval Facility will begin diving operations in this area within a short timeframe making publication of a NPRM and Final Rule impracticable. Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a regulated navigation area (RNA) on the Piscataqua River near Portsmouth, NH. This temporary final rule places speed restrictions on all vessels transiting the navigable waters of the Piscataqua River, Portsmouth, NH near the Portsmouth Naval Shipyard between Henderson Point Light on Seavey Island and Badgers Island Buoy 14. This rule is necessary to provide for the safety of life on the navigable waters during ongoing dive operations. DATES: This rule is effective without actual notice from November 29, 2013 until 5:00 p.m. on December 6, 2013. SUMMARY: 2. Suspend item 10 in Table 1 of § 100.1102. ■ 3. Add § 100.T11–607 to read as follows: § 100.T11–607 Special Local Regulation; Lake Havasu City Christmas Boat Parade of Lights; Colorado River; Lake Havasu, AZ. sroberts on DSK5SPTVN1PROD with RULES A. Regulatory History and Information ACTION: ■ (a) Location. The following area is a special local regulation: The waters in the northern portion of Thompson Bay, the Bridgewater Channel, and waters off Windsor Beach. (b) Enforcement Period. This section will be enforced from 5 p.m. to 9 p.m. on December 6, 7, and 14, 2013. Jkt 232001 RIN 1625–AA11 33 CFR Part 165 AGENCY: Authority: 33 U.S.C. 1233. 20:31 Nov 27, 2013 [Docket No. USCG–2013–0956] COTP Captain of the Port DHS Department of Homeland Security FR Federal Register RNA Regulated Navigation Area Regulated Navigation Area; Portsmouth Naval Shipyard, Piscataqua River, Portsmouth, NH ■ VerDate Mar<15>2010 For the purposes of enforcement, actual notice will be used from 7:00 a.m. on November 21, 2013 until November 29, 2013. ADDRESSES: Documents mentioned in this preamble are part of Docket Number USCG–2013–0956. 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 Lieutenant Junior Grade Elizabeth V. Morris, Waterways Management Division at Coast Guard Sector Northern New England, telephone 207–767–0398, email Elizabeth.V.Morris@uscg.mil; or Lieutenant Myles Greenway, Waterways Management at Coast Guard First District, telephone 617–223–8385, email Myles.J.Greenway@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 Coast Guard PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 71495 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71493-71495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28583]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0917]
RIN 1625-AA00


Special Local Regulation; Lake Havasu City Christmas Boat Parade 
of Lights; Colorado River; Lake Havasu, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily modifying the dates for the 
special local regulation in support of the Lake Havasu City Christmas 
Boat Parade of Lights on the Colorado River. This modification is 
necessary to reflect the actual dates of the event for this year which 
are December 6th and December 7th, 2013. Additionally, this temporary 
final rule adds a third evening, December 14th, 2013. This rule 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 zone unless authorized by 
the Captain of the Port, or his designated representative.

DATES: This rule is effective from 5 p.m. to 9 p.m. on December 6th, 
December 7th, and December 14th, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0917]. 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 
d11marineeventssd@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

BNM Broadcast Notices to Mariners
COTP Captain of the Port
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 logistical details pertaining to this 
year's dates were not known by the Coast Guard in time to publish an 
NPRM and wait for the comment period to run.
    Immediate action is needed to ensure the special local regulations 
listed in 33 CFR 100.1102 (table 1, item 10) will be in effect on the 
actual dates of the event, which are December 6th, December 7th, and 
December 14th, 2013.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. Any delay 
in the effective date of this rule would be contrary to the public 
interest, because immediate action is necessary to protect the parade 
vessels from the dangers associated with non participant vessels 
transiting the event area.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a 
special local regulation are found in 33 U.S.C. 1233, which authorize 
the Coast Guard to establish and define special local regulations.
    This temporary final rule and notice of enforcement will protect 
the participating vessels over the three evenings in December in a 
marine event sponsored by the London Bridge Yacht Club.
    The annual Lake Havasu City Christmas Boat Parade of Lights will 
involve fifty vessels in Lake Havasu, AZ transiting Thompson Bay, 
proceeding through Bridgewater Channel, circling in front of Windsor 
Beach and returning through Bridgewater Channel. The regulated zone 
will encompass the navigable waters in the northern portion of Thompson 
Bay, the Bridgewater Channel, and waters off Windsor Beach. Vessel 
participants will be traveling in a parade line that will affect normal 
traffic patterns. In addition, event participants will be utilizing 
additional holiday lighting that will obscure or confuse required 
normal Navigation Lights and increase the dangers associated with non 
participating vessels transiting the area.
    This temporary special local regulation is necessary to prevent 
vessels from transiting the area and to protect the participating 
vessels and passengers from potential damage and injury.

C. Discussion of the Final Rule

    The Coast Guard is changing the dates of the special local 
regulation currently listed in 33 CFR 100.1102 (table 1, item 10). This 
change differs from the existing regulation by specifying that the 
event will be held on December 6, December 7 and December 14, 2013, 
instead of the first weekend in December. The special local regulations 
for the Lake Havasu City Christmas Boat Parade of Lights will be 
enforced from 5 p.m. to 9 p.m. on Friday, December 6,

[[Page 71494]]

2013; Saturday, December 7, 2013 and Saturday December 14, 2013. The 
special local regulation zone will encompass the waters in the northern 
portion of Thompson Bay, the Bridgewater Channel, and waters off 
Windsor Beach. The zone is necessary to provide for the safety of the 
spectators, participants, and other vessels and users of the waterway. 
Persons and vessels are prohibited from entering into, transiting 
through, or anchoring within this zone unless authorized by the Captain 
of the Port, or his designated representative. Persons or vessels 
requiring entry into or passage through the special local regulation 
must request permission from the Captain of the Port, or his designated 
representative. Before the effective period, the Coast Guard will 
publish a local notice to mariners (LNM).

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary. This determination is based on the size and 
location of the zone. Commercial vessels will not be hindered by the 
zone. Recreational vessels will not be allowed to transit through the 
designated zone during the specified times.

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 would 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 Lake Havasu 
from 5 p.m. to 9 p.m. on December 6, 7, and 14, 2013.
    These special local regulations will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be enforced only in the evening when 
vessel traffic is low. Before the effective period, the Coast Guard 
will publish a local notice to mariners (LNM).

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
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

[[Page 71495]]

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 special local 
regulation, upon the navigable waters of Lake Havasu. This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the U.S. Coast Guard 
amends 33 CFR Part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for Part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
2. Suspend item 10 in Table 1 of Sec.  100.1102.

0
3. Add Sec.  100.T11-607 to read as follows:


Sec.  100.T11-607  Special Local Regulation; Lake Havasu City Christmas 
Boat Parade of Lights; Colorado River; Lake Havasu, AZ.

    (a) Location. The following area is a special local regulation: The 
waters in the northern portion of Thompson Bay, the Bridgewater 
Channel, and waters off Windsor Beach.
    (b) Enforcement Period. This section will be enforced from 5 p.m. 
to 9 p.m. on December 6, 7, and 14, 2013.
    (c) Definitions. The following definition applies to this section: 
designated representative, means any commissioned, warrant, and petty 
officers 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) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port of San Diego or his designated 
on-scene representative.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel or 
designated law enforcement representatives by siren, radio, flashing 
light or other means, the operator of a vessel shall proceed as 
directed.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: November 6, 2013.
S. M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-28583 Filed 11-27-13; 8:45 am]
BILLING CODE 9110-04-P