Safety Zone; BWRC West Coast Nationals; Parker, AZ, 22023-22025 [2014-08933]
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(3) 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.
(4) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: March 20, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2014–08928 Filed 4–18–14; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
BWRC Blue Water Resort and Casino
NOE Notice of Enforcement
SLR Special Local Regulation
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0140]
RIN 1625–AA00
Safety Zone; BWRC West Coast
Nationals; Parker, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the Lake Moolvalya region of the
navigable waters of the Colorado River
in Parker, Arizona in support of the
Blue Water Resort and Casino (BWRC)
West Coast Nationals high speed boat
race. This safety zone is necessary to
provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective from 6 a.m.
to 6 p.m. on May 3 and May 4, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0140]. 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.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
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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.
SUPPLEMENTARY INFORMATION:
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 this two day 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 race occurs.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
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22023
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. RPM
Racing Enterprises is sponsoring the
BWRC West Coast Nationals, which will
involve 100 power boats, 8 to 16 feet in
length. These power boats will be
transiting a portion of Moovalya Lake on
the Colorado River in Parker, AZ. This
temporary safety zone is necessary to
provide for the safety of the
participants, crew, spectators, sponsor
vessels, other vessels, and users of the
waterway.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone that will be enforced from 6
a.m. to 6 p.m. on May 3 and May 4,
2014. The limits of the safety zone will
include all the navigable waters of the
Colorado River between Headgate Dam
and 0.5 miles north of the Blue Water
Marina in Parker, Arizona. The safety
zone is necessary to provide for the
safety of the crew, spectators,
participants, and other vessels and users
of the waterway. Persons and vessels
will be prohibited from entering into,
transiting through, or anchoring with
this safety zone unless authorized by the
Captain of the Port, or his designated
representative.
BWRC West Coast Nationals is listed
as a recurring event in Title 33 Code of
Federal Regulations (CFR), Part
100.1102, Table 1 (Item 8) on a Saturday
and Sunday in April. Because the event
falls on the first weekend in May, a
Marine Event Special Local Regulations
(SLR) Notice of Enforcement (NOE) is
not sufficient. A temporary final rule
published in the Federal Register will
provide visibility to the established
safety zone. Before the effective period,
the Coast Guard will also 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
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the size,
location, and the limited duration of the
safety zone. Additionally, to the
maximum extent practicable, the event
sponsor will assist with boaters wishing
to transit the racing area during nonracing times throughout the two days.
mstockstill on DSK4VPTVN1PROD with RULES
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
the impacted portion of the Colorado
River from 6 a.m. to 6 p.m. on May 3
and May 4, 2014.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Although the
safety zone would apply to the entire
width of the river, traffic would be
allowed to pass through the zone with
the permission of the Captain of the
Port, or his designated representative.
The event sponsor will also to their
maximum extent assist boaters wishing
to transit the racing area during nonracing times throughout the two days.
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.
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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 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
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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 Moovalya Lake. 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
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
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:
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: March 20, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2014–08933 Filed 4–18–14; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 961
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Rules of Practice in Proceedings
Under Section 5 of the Debt Collection
Act
1. The authority citation for part 165
continues to read as follows:
AGENCY:
■
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.T11–626 to read as
follows:
■
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§ 165.T11–626 Safety zone; BWRC West
Coast Nationals, Parker, AZ.
(a) Location. The limits of the safety
zone will include all the navigable
waters of the Colorado River on
Moovalya Lake between Headgate Dam
and 0.5 miles north of the Blue Water
Marina in Parker, Arizona.
(b) Enforcement Period. This section
will be enforced on May 3 and May 4,
2014. It will be enforced from 6 a.m. to
6 p.m.
(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) In accordance
with general regulations in 33 CFR part
165, subpart C, 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
Captain of the Port designated
representative or event sponsor.
(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.
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ACTION:
Postal Service.
Final rule.
This document contains the
final revisions to the rules of practice
before the Judicial Officer in
proceedings under section 5 of the Debt
Collection Act. These rules of procedure
completely replace and supersede the
prior rules.
DATES: Effective Date: June 2, 2014.
FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E.
Shapiro, (703) 812–1910.
SUPPLEMENTARY INFORMATION: On
February 18, 2014, the Judicial Officer
Department published for comment
proposed revisions to the rules
governing practice in proceedings under
section 5 of the Debt Collection Act of
1982 (79 FR 9120–21). Following the
receipt of comments, the Judicial Officer
has made further revisions to the
original proposed rules, as discussed
below, and has determined that it is
appropriate to adopt the rules of
practice, as revised. The Judicial Officer
Department also has determined that it
is appropriate to make these rules of
practice effective on June 2, 2014, in the
interest of orderly public
administration.
SUMMARY:
A. Executive Summary
Part 961 of title 39, Code of Federal
Regulations, contains the rules of
practice in proceedings under section 5
of the Debt Collection Act of 1982, as
amended, 5 U.S.C. 5514, in which the
Judicial Officer or an assigned Hearing
Official provides the final agency
adjudication for debt collection
assessments by administrative salary
offset issued by the Postal Service
seeking to collect a debt owed it by a
current employee. This authority is
delegated by the Postmaster General.
Although these rules provide a complete
replacement for the former rules, the
changes are not considered to affect the
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22025
rights of the parties in a substantive
way. Rather, the rules are revised to
conform to current practices and to
clarify the procedures.
B. Background
The Judicial Officer Department
published for comments proposed
revisions to the rules governing
proceedings under section 5 of the Debt
Collection Act of 1982 in the Federal
Register on February 18, 2014 (79 FR
9120–21). This notice announces the
intention to promulgate final rules of
procedure, following our review and
consideration of all comments. The
period for comments closed on March
20, 2014. We considered all comments
received, revised the proposed rules as
explained below, and promulgate our
final rules of procedure.
C. Summary of Comments and Changes
The Judicial Officer Department
received comments from one source: a
labor union representing many Postal
Service employees who are parties to
Debt Collection Act litigation before the
Judicial Officer Department. We
carefully considered each comment and
adopted some of the suggestions made.
All comments are discussed below:
Section 961.4 Employee Petition for a
Hearing
A comment noted that the proposed
rule provided the Hearing Official with
discretion to resolve a dispute where the
Postal Service has not initiated
involuntary administrative salary offsets
by issuing a Notice as required by the
Debt Collection Act. This rule change
reflects our experience that the Postal
Service sometimes collects alleged debts
by administrative salary offset without
having issued the proper Notice. In such
circumstances, our practice has been to
order a refund of the improperly
collected offset, and to offer the
employee the choice whether to proceed
to an adjudication on the merits without
additional procedural requirements, or
to dismiss the case without prejudice (or
sometimes suspend the case) while
requiring the Postal Service to issue the
Notice. Retaining the case ensures that
the employee remains protected against
collection activity without undue delay
of the adjudication. As explained
however, at the option of the employee,
we will dismiss the case as premature,
or suspend it, and require that the
Notice be issued. In either event, we
will not permit collection activity to
commence until our adjudication is
final or the Postal Service has complied
with the statute. As we believe that the
revision is consistent with the statute,
protects the rights of the employee/
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]]>Agencies
[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22023-22025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08933]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0140]
RIN 1625-AA00
Safety Zone; BWRC West Coast Nationals; Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Lake Moolvalya region of the navigable waters of the Colorado River
in Parker, Arizona in support of the Blue Water Resort and Casino
(BWRC) West Coast Nationals high speed boat race. This safety zone is
necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.
DATES: This rule is effective from 6 a.m. to 6 p.m. on May 3 and May 4,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0140]. 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.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
BWRC Blue Water Resort and Casino
NOE Notice of Enforcement
SLR Special Local Regulation
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 this
two day 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 race 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. RPM Racing Enterprises is sponsoring
the BWRC West Coast Nationals, which will involve 100 power boats, 8 to
16 feet in length. These power boats will be transiting a portion of
Moovalya Lake on the Colorado River in Parker, AZ. This temporary
safety zone is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels, other vessels, and users of the
waterway.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that will be enforced
from 6 a.m. to 6 p.m. on May 3 and May 4, 2014. The limits of the
safety zone will include all the navigable waters of the Colorado River
between Headgate Dam and 0.5 miles north of the Blue Water Marina in
Parker, Arizona. The safety zone is necessary to provide for the safety
of the crew, spectators, participants, and other vessels and users of
the waterway. Persons and vessels will be prohibited from entering
into, transiting through, or anchoring with this safety zone unless
authorized by the Captain of the Port, or his designated
representative.
BWRC West Coast Nationals is listed as a recurring event in Title
33 Code of Federal Regulations (CFR), Part 100.1102, Table 1 (Item 8)
on a Saturday and Sunday in April. Because the event falls on the first
weekend in May, a Marine Event Special Local Regulations (SLR) Notice
of Enforcement (NOE) is not sufficient. A temporary final rule
published in the Federal Register will provide visibility to the
established safety zone. Before the effective period, the Coast Guard
will also 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
[[Page 22024]]
potential costs and benefits under section 6(a)(3) of Executive Order
12866 or under section 1 of Executive Order 13563. The Office of
Management and Budget has not reviewed it under those Orders. We expect
the economic impact of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary. This determination is based on
the size, location, and the limited duration of the safety zone.
Additionally, to the maximum extent practicable, the event sponsor will
assist with boaters wishing to transit the racing area during non-
racing times throughout the two days.
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 6 a.m. to 6 p.m. on May 3 and May 4, 2014.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to the entire width of the river,
traffic would be allowed to pass through the zone with the permission
of the Captain of the Port, or his designated representative. The event
sponsor will also to their maximum extent assist boaters wishing to
transit the racing area during non-racing times throughout the two
days. Before the effective period, the Coast Guard will publish a Local
Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule 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 Moovalya Lake. 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
[[Page 22025]]
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.T11-626 to read as follows:
Sec. 165.T11-626 Safety zone; BWRC West Coast Nationals, Parker, AZ.
(a) Location. The limits of the safety zone will include all the
navigable waters of the Colorado River on Moovalya Lake between
Headgate Dam and 0.5 miles north of the Blue Water Marina in Parker,
Arizona.
(b) Enforcement Period. This section will be enforced on May 3 and
May 4, 2014. It will be enforced from 6 a.m. to 6 p.m.
(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) In accordance with general regulations in 33
CFR part 165, subpart C, 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 Captain of the Port
designated representative or event sponsor.
(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 20, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-08933 Filed 4-18-14; 8:45 am]
BILLING CODE 9110-04-P
