Safety Zone; The Boat Show Marathon; Lake Havasu, AZ, 15221-15223 [2014-05947]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
Regulatory Procedures
Administrative Procedure Act
The Administrative Procedure Act
(APA) provides an exception to the
notice and comment procedures where
an agency finds good cause for
dispensing with such procedures, on the
basis that they are impracticable,
unnecessary or contrary to the public
interest. EEOC finds that under 5 U.S.C.
553(b)(3)(B) good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule because this
adjustment of the fine is required by the
Debt Collection Improvement Act of
1996, the formula for increasing the
penalty is prescribed by statute, and the
Commission has no discretion in
determining the amount of the
published adjustment. Accordingly, we
are issuing this revised regulation as a
final rule without notice and comment.
Executive Order 13563 and 12866
In promulgating this final rule, EEOC
has adhered to the regulatory
philosophy and applicable principles
set forth in Executive Order 13563. This
final rule was not reviewed by Office of
Management and Budget (OMB) under
Executive Order 12866 because it is not
a ‘‘significant regulatory action’’ as
defined by section 3(f) of Executive
Order 12866. The great majority of
employers and entities covered by these
regulations comply with the posting
requirement, and, as a result, the
aggregate economic impact of these
revised regulations will be minimal,
affecting only those limited few who fail
to post required notices in violation of
the regulation and statute.2 The rule
only increases the penalty by $100 for
each separate offense, nowhere near the
$100 million figure that would require
OMB review.
wreier-aviles on DSK5TPTVN1PROD with RULES
Paperwork Reduction Act
This final rule contains no new
information collection requirements
subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
15:37 Mar 18, 2014
Jkt 232001
This final rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
The Congressional Review Act (CRA)
requires that before a rule may take
effect, the agency promulgating the rule
must submit a rule report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. EEOC will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to the effective date of the
rule. Under the CRA, a major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by the CRA at 5 U.S.C. 804(2).
List of Subjects in 29 CFR Part 1601
Administrative practice and
procedure.
For the Commission.
Dated: March 12, 2014.
Jacqueline A. Berrien,
Chair.
Accordingly, the Equal Employment
Opportunity Commission amends 29
CFR Part 1601 as follows:
1. The authority citation for Part 1601
continues to read as follows:
■
2 In the last ten years, the highest number of
charges alleging notice posting violations occurred
in 2010. In that year, only 114 charges of the 90,837
Title VII, ADA, and GINA charges (.13%) contained
a notice posting violation.
punishable by a fine of not more than
$210 for each separate offense.
[FR Doc. 2014–06006 Filed 3–18–14; 8:45 am]
BILLING CODE 6570–01–P
Unfunded Mandates Reform Act of 1995
PART 1601—PROCEDURAL
REGULATIONS
Regulatory Flexibility Act
A regulatory flexibility analysis is
only required by the Regulatory
Flexibility Act (5 U.S.C. 601–612) when
notice and comment is required by the
Administrative Procedure Act or some
other statute. As stated above, notice
VerDate Mar<15>2010
and comment is not required for this
rule. For that reason, the requirements
of the Regulatory Flexibility Act do not
apply.
15221
Authority: 42 U.S.C. 2000e to 2000e–17;
42 U.S.C. 12111 to 12117; 42 U.S.C. 2000ff
to 2000ff–11.
2. Section 1601.30 is amended by
revising paragraph (b) to read as follows:
■
§ 1601.30
Notices to be posted.
*
*
*
*
*
(b) Section 711(b) of Title VII and the
Federal Civil Penalties Inflation
Adjustment Act, as amended, make
failure to comply with this section
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0102]
RIN 1625–AA00
Safety Zone; The Boat Show Marathon;
Lake Havasu, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the navigable waters of Lake
Havasu for the 2014 Lake Havasu Boat
Show Water Ski Marathon. The
temporary safety zone is necessary to
provide safety for the water ski race
participants, crew, rescue personnel,
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 8:00
a.m. to 4:00 p.m. on April 12, 2014 and
April 13, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0102]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Giacomo Terrizzi,
Waterways Management, U.S. Coast
Guard Sector San Diego, Coast Guard;
telephone 619–278–7656, email
d11marineeventssandiego@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUMMARY:
E:\FR\FM\19MRR1.SGM
19MRR1
15222
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
wreier-aviles on DSK5TPTVN1PROD with RULES
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 an
NPRM would be impracticable.
Logistical details did not present the
Coast Guard enough time to draft,
publish, and receive public comment on
an NPRM. As such, the event would
occur before the rulemaking process was
complete. Immediate action is needed to
help protect the safety of the
participants, crew, spectators, and
participating vessels from other vessels
during the event.
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 safety
of the participants from the dangers
associated with other vessels transiting
this area while the skiing event occurs.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 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; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
The Boat Show Marathon will consist
of 150 water skiers. The water ski race
course consists of three races per day
around a closed 2.5 mile race course for
a specified amount of laps on a portion
of Lake Havasu located north of the
London Bridge Channel and west of
Windsor Park.
The course requires a safety zone
while the skiers are on the course, thus
VerDate Mar<15>2010
15:37 Mar 18, 2014
Jkt 232001
restricting vessel traffic within a portion
of Lake Havasu during the eight hours
scheduled for three races held each
racing each day. There will be six patrol
vessels and two rescue vessels provided
by the sponsor to patrol the boundaries
of the safety zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone that will be enforced
between the hours of 8:00 a.m. to 4:00
p.m. on April 12, 2014 and April 13,
2014. The limits of the safety zone will
include a portion of Lake Havasu north
of the London Bridge Channel and west
of Windsor Park encompassed by the
following coordinates:
34°28′38.6″ N, 114°21′20.4″ W,
34°29′40.8″ N, 114°21′44.5″ W,
34°29′24.0″ N, 114°22′53.7″ W and
34°28′38.6″ N, 114°22′51.8″ W
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. 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 rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the
safety zone being of a limited duration
of no more than eight hours each day,
and limited to a relatively small
geographic area of Lake Havasu.
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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
the impacted portion of the Colorado
River from 8:00 a.m. to 4:00 p.m. on
April 12, 2014 and April 13, 2014.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This safety zone
impacts a relatively small area. Small
entities can conduct their activities in
areas not impacted by this event by
transiting around the event or gaining
permission by the Captain of the Port,
or his designated representative for an
escort through the race area between the
three races held each day. This annual
event included planning with various
stakeholders prior to the event permit
request was submitted. Finally, 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.
E:\FR\FM\19MRR1.SGM
19MRR1
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
4. Collection of Information
This rule calls for no 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 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.
wreier-aviles on DSK5TPTVN1PROD with RULES
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.
VerDate Mar<15>2010
15:37 Mar 18, 2014
Jkt 232001
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
establishment of a safety zone on the
navigable waters of Lake Havasu. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
PO 00000
Frm 00007
Fmt 4700
Sfmt 9990
15223
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.T11–623 to read as
follows:
■
§ 165.T11–623 Safety Zone; The Boat
Show Marathon, Lake Havasu, AZ.
(a) Location. The limits of the safety
zone will include a portion of Lake
Havasu north of the London Bridge
Channel and west of Windsor Park
encompassed by the following
coordinates:
34°28′38.6″ N, 114°21′20.4″ W,
34°29′40.8″ N, 114°21′44.5″ W,
34°29′24.0″ N, 114°22′53.7″ W and
34°28′38.6″ N, 114°22′51.8″ W
(b) Enforcement Period. This section
will be enforced on April 12, 2014 and
April 13, 2014. It will be enforced from
8:00 a.m. to 4:00 p.m. each day.
(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, or 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
initiate request authorization to do so
from the event sponsor who may be
contacted on VHF–FM Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(4) Upon being hailed by U.S. Coast
Guard or designated 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: March 4, 2014.
S. M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2014–05947 Filed 3–18–14; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\19MRR1.SGM
19MRR1
]]>Agencies
[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15221-15223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05947]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0102]
RIN 1625-AA00
Safety Zone; The Boat Show Marathon; Lake Havasu, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone within
the navigable waters of Lake Havasu for the 2014 Lake Havasu Boat Show
Water Ski Marathon. The temporary safety zone is necessary to provide
safety for the water ski race participants, crew, rescue personnel, 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 8:00 a.m. to 4:00 p.m. on April 12,
2014 and April 13, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0102]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Giacomo Terrizzi, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656,
email d11marineeventssandiego@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
[[Page 15222]]
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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 an NPRM would be impracticable.
Logistical details did not present the Coast Guard enough time to
draft, publish, and receive public comment on an NPRM. As such, the
event would occur before the rulemaking process was complete. Immediate
action is needed to help protect the safety of the participants, crew,
spectators, and participating vessels from other vessels during the
event.
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 safety
of the participants from the dangers associated with other vessels
transiting this area while the skiing event occurs.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 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;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
The Boat Show Marathon will consist of 150 water skiers. The water
ski race course consists of three races per day around a closed 2.5
mile race course for a specified amount of laps on a portion of Lake
Havasu located north of the London Bridge Channel and west of Windsor
Park.
The course requires a safety zone while the skiers are on the
course, thus restricting vessel traffic within a portion of Lake Havasu
during the eight hours scheduled for three races held each racing each
day. There will be six patrol vessels and two rescue vessels provided
by the sponsor to patrol the boundaries of the safety zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that will be enforced
between the hours of 8:00 a.m. to 4:00 p.m. on April 12, 2014 and April
13, 2014. The limits of the safety zone will include a portion of Lake
Havasu north of the London Bridge Channel and west of Windsor Park
encompassed by the following coordinates:
34[deg]28'38.6'' N, 114[deg]21'20.4'' W,
34[deg]29'40.8'' N, 114[deg]21'44.5'' W,
34[deg]29'24.0'' N, 114[deg]22'53.7'' W and
34[deg]28'38.6'' N, 114[deg]22'51.8'' W
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. 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 rule to be so minimal that a full Regulatory Evaluation
is unnecessary. This determination is based on the safety zone being of
a limited duration of no more than eight hours each day, and limited to
a relatively small geographic area of Lake Havasu.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in the impacted portion of the Colorado
River from 8:00 a.m. to 4:00 p.m. on April 12, 2014 and April 13, 2014.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone impacts a relatively small area. Small entities can conduct
their activities in areas not impacted by this event by transiting
around the event or gaining permission by the Captain of the Port, or
his designated representative for an escort through the race area
between the three races held each day. This annual event included
planning with various stakeholders prior to the event permit request
was submitted. Finally, 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.
[[Page 15223]]
4. Collection of Information
This rule calls for no 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 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 establishment of a safety zone on the
navigable waters of Lake Havasu. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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.T11-623 to read as follows:
Sec. 165.T11-623 Safety Zone; The Boat Show Marathon, Lake Havasu,
AZ.
(a) Location. The limits of the safety zone will include a portion
of Lake Havasu north of the London Bridge Channel and west of Windsor
Park encompassed by the following coordinates:
34[deg]28'38.6'' N, 114[deg]21'20.4'' W,
34[deg]29'40.8'' N, 114[deg]21'44.5'' W,
34[deg]29'24.0'' N, 114[deg]22'53.7'' W and
34[deg]28'38.6'' N, 114[deg]22'51.8'' W
(b) Enforcement Period. This section will be enforced on April 12,
2014 and April 13, 2014. It will be enforced from 8:00 a.m. to 4:00
p.m. each day.
(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,
or 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 initiate request authorization to do so from the event sponsor
who may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(4) Upon being hailed by U.S. Coast Guard or designated 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: March 4, 2014.
S. M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-05947 Filed 3-18-14; 8:45 am]
BILLING CODE 9110-04-P
