Safety Zone; Bullhead City River Regatta; Bullhead City, AZ, 28876-28879 [2014-11568]
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§ 1241.71 Do I owe interest on both the
penalty assessed and any underlying
underpayment(s) or unpaid debt(s)?
(a) The penalties under this part are
in addition to interest you may owe on
any underlying underpayment(s) or
unpaid debt(s).
(b) If you do not pay the penalty
assessed by the due date in the bill
accompanying the FCCP or ILCP, you
will owe late payment interest on the
penalty amount under 30 CFR 1218.54
from the date the civil penalty payment
was due until the date you pay the civil
penalty assessed.
§ 1241.72
When must I pay the penalty?
(a) If you do not request a hearing on
an FCCP or ILCP under this part, you
must pay the penalties assessed by the
due date specified in the bill
accompanying the FCCP or ILCP.
(b) If you request a hearing on an
FCCP or ILCP under this part, the ALJ
affirms the civil penalty, and:
(1) You do not appeal the ALJ’s
decision to the IBLA under § 1241.10,
you must pay the civil penalty amount
determined by the ALJ within 30 days
of the ALJ’s decision; or
(2) You appeal the ALJ’s decision to
the IBLA under § 1241.10, the IBLA
affirms a civil penalty, and:
(i) You do not seek judicial review of
the IBLA’s decision under 30 U.S.C.
1719(j), you must pay the civil penalty
amount determined by the IBLA within
120 days of the IBLA decision; or
(ii) You seek judicial review of the
IBLA decision, and a court of competent
jurisdiction affirms the penalty, you
must pay the penalty assessed within 30
days after the court enters a final nonappealable judgment.
§ 1241.73 May ONRR reduce my penalty
once it is assessed?
The ONRR Director or his or her
delegate may compromise or reduce
civil penalties assessed under this part.
rmajette on DSK2TPTVN1PROD with PROPOSALS
§ 1241.74
penalty?
How may ONRR collect my
(a) If you do not pay a civil penalty
we assess by the date payment is due
under § 1241.72, we may use all
available means to collect the penalty
including, but not limited to:
(1) Requiring the lease surety, for
amounts owed by lessees, to pay the
penalty;
(2) Deducting the amount of the
penalty from any sums the United States
owes to you;
(3) Referring the debt to the
Department of the Treasury for
collection under 30 CFR part 218,
subpart J; and
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(4) Using the judicial process to
compel your payment under 30 U.S.C.
1719(k).
(b) If we use the judicial process to
compel your payment, or if you seek
judicial review under 30 U.S.C. 1719(j),
and the court upholds the assessment of
a penalty, the court will have
jurisdiction to award the amount
assessed plus interest assessed from the
date of the expiration of the 90-day
period referred to in 30 U.S.C. 1719(j).
The amount of any penalty, as finally
determined, may be deducted from any
sum owing to you by the United States.
33 CFR Part 165
You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander John
Bannon, Waterways Management, U.S.
Coast Guard Sector San Diego;
telephone (619) 278–7656, email
John.E.Bannon@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:
[Docket Number USCG–2014–0253]
Table of Acronyms
RIN 1625–AA00
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ 1241.75 May the United States criminally
prosecute me for violations??
If you commit an act for which a civil
penalty is provided in 30 U.S.C. 1719(d)
and 30 CFR 1241.60(b)(2), the United
States may pursue criminal penalties as
provided in 30 U.S.C. 1720 in addition
to any authority for prosecution under
other statutes.
[FR Doc. 2014–11552 Filed 5–19–14; 8:45 am]
BILLING CODE 4310–T2–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Safety Zone; Bullhead City River
Regatta; Bullhead City, AZ
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
establish a temporary safety zone on the
navigable waters of the Colorado River
in Bullhead City, Arizona. The safety
zone is necessary to provide for the
safety of the Bullhead City River Regatta
marine event participants. The safety
zone will temporarily restrict vessel
movement and public waterway use
within the designated area. During the
annual one-day event, held on August 9,
2014, non-authorized event persons and
vessels would be prohibited from
entering into, transiting through or
anchoring within the enforced period of
the safety zone unless authorized by the
Captain of the Port or his designated
representative.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 19, 2014.
Requests for public meetings must be
received by the Coast Guard on or before
June 4, 2014.
DATES:
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ADDRESSES:
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
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having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0253] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0253) 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.
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3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
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and place announced by a later notice
in the Federal Register.
B. Basis and Purpose
The request for a waterway safety
zone was submitted by the organizer of
the annual event, Bullhead City,
Arizona. The safety zone will provide a
safety buffer from vessel traffic for the
estimated 25,000 participants floating
down a six mile portion of the Colorado
River during the annual marine event.
The Bullhead City River Regatta is a
reoccurring marine event listed in 33
CFR 100.1102 Table 1, Item number 16.
The Bullhead City River Regatta is
held on the navigable waters of the
Colorado River adjacent to Bullhead
City, Arizona and Laughlin, Nevada.
The waterway is under federal
jurisdiction due to the division of two
states. The proposed safety zone is
deemed necessary by Coast Guard
Sector San Diego Captain of the Port to
provide for the safety of the event
participants and to support the state-led
waterway safety efforts. This popular
event involves a high number of people,
with paid event permits, floating down
a six mile portion of the Colorado River
on inflatable rafts, inner tubes and
floating platforms. This is the only event
on this portion of the waterway that
restricts public access for a defined
period of time during one day of the
year.
Because of the high amount of
participants, narrow and treacherous
portions of the waterway, public access
for this small portion of the waterway is
limited at the request of local law
enforcement and city officials. The
sponsor provides adequate notice and
the annual event occurs each year on
the same approximate date and time, as
well as the same portion of the
waterway. The small part of the
waterway impacted will be reopened as
soon as the waterway is deemed safe by
the Coast Guard Captain of the Port or
his designated representative. The
sponsor will provide over 35 patrol and
rescue vessels to help facilitate the
event and ensure public safety.
D. Discussion of Proposed Rule
The proposed temporary safety zone
will encompass a six mile portion of the
Colorado River, directly adjacent to
Bullhead City, Arizona and Laughlin,
Nevada. Specifically, the closed portion
of the Colorado River includes the
waters between Davis Camp and Rotary
Park in Bullhead City, Arizona. In the
interest of public and event participant
safety, general navigation within the
safety zone by non-event participants
will be restricted. Except for vessels
authorized by the Coast Guard Captain
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of the Port or his representative,
working closely with Bullhead City
event command staff, no person or
vessel may enter or remain in the
regulated area for the safety of event
participants. This zone will be in effect
from 6 a.m. to 6 p.m. on August 9, 2014.
Before the effective period, the Coast
Guard will publish a Local Notice to
Mariners (LNM) and marine information
broadcasts on the day of the event.
Should the safety zone no longer be
required, the waterway will be reopened
as soon as possible for full public use.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This determination is based on
the size and location of the safety zone.
Although the safety zone would apply
to the entire width of the river for a six
mile stretch, traffic would be allowed to
pass through the zone before and
immediately after the marine event. In
addition, with the permission of the
Captain of the Port or his designated
representative, limited traffic may be
authorized on a case-by-case basis.
Additionally, before the effective
period, the Coast Guard will publish a
Local Notice to Mariners (LNM).
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 proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which might
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be small entities: The owners or
operators of private or commercial
vessels intending to transit or anchor in
that portion of the Colorado River
between Davis Camp and Rotary Park
between 6 a.m. and 6 p.m. on August 9,
2014.
This safety zone would 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 for a six mile portion
and a majority of the day, traffic may be
allowed to pass through the zone on a
case-by-case basis with the permission
of the Coast Guard Captain of the Port
or his designated representative,
working closely with marine event law
enforcement leadership. In addition,
early morning and late afternoon traffic
can pass through prior to and
immediately after the event. The
reopening of the waterway will occur as
soon as the waterway is deemed safe. A
phased reopening will occur from north
to south as the last participants are
allowed to enter the waterway on their
six mile floating transit. Before the
effective period, the Coast Guard and
Bullhead City, Arizona will issue
maritime and local advisories widely
available to the users of the waterway.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
11. Indian Tribal Governments
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.
12. Energy Effects
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children From
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination With Indian Tribal
Governments, because it would 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.
This proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves establishing a temporary
safety zone. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
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
proposed 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 proposes to
amend 33 CFR part 165 as follows:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–632 to read as
follows:
■
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§ 165.T11–632 Safety Zone; Bullhead City
River Regatta; Bullhead City, AZ.
(a) Regulated area. The following area
is a temporary safety zone: This zone
includes six miles of the Colorado River,
from Davis Camp, Bullhead City,
Arizona to Rotary Park, Bullhead City,
Arizona.
(b) Regulations. Before the effective
period, the Coast Guard will publish a
Local Notice to Mariners (LNM). If the
event concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce the reopening
of portions or entire waterway via
Broadcast Notice to Mariners. In
addition, the following regulations
apply:
(1) Entry into, transit through or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port of San Diego or his
designated representative.
(2) Mariners can request permission to
transit through the safety zone from the
Patrol Commander. The Patrol
Commander can be contacted on VHF–
FM channels 16 and 23.
(3) The operator of any vessel within
or in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign, and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign
(iii) The Coast Guard may be assisted
by other federal, state, or local agencies.
(c) Definitions. The following
definition applies to this section:
(1) Captain of the Port San Diego
means the Commander, Coast Guard
Sector San Diego.
(2) Designated representative means
any commissioned, warrant, or petty
officer of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
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(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
notification of the safety zone.
(e) Enforcement period. This section
will be enforced from 6 a.m. to 6 p.m.
on August 9, 2014 unless cancelled
earlier by the Captain of the Port.
Dated: April 15, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2014–11568 Filed 5–19–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
RIN 0648–XD275
Sakhalin Bay-Amur River Beluga
Whales; Notice of Petition Availability
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of availability;
request for comment.
AGENCY:
NMFS has received a petition
to ‘‘designate the Sakhalin Bay-Amur
River stock of beluga whales
(Delphinapterus leucas) as a depleted
stock under the Marine Mammal
Protection Act (MMPA).’’ In accordance
with the MMPA, NMFS announces the
receipt of the petition and its
availability for public review and is
soliciting comments on the petition.
DATES: Comments must be received by
close of business on June 19, 2014.
ADDRESSES: The petition is available in
electronic form via the Internet at https://
www.nmfs.noaa.gov/pr/. A copy of the
petition may be requested from Chief,
Marine Mammal and Sea Turtle
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910.
You may submit comments, identified
by [NOAA–NMFS–2014–0056], by any
of the following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
Mail: Send comments to: Chief,
Marine Mammal and Sea Turtle
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
SUMMARY:
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28879
Highway, Silver Spring, MD 20910–
3226.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Dr.
Shannon Bettridge, Office of Protected
Resources, Silver Spring, MD (301) 427–
8402.
SUPPLEMENTARY INFORMATION:
Background
Section 3(1)(A) of the Marine
Mammal Protection Act (MMPA) (16
U.S.C. 1362(1)(A)) defines the term
‘‘depletion’’ or ‘‘depleted’’ to include
any case in which ‘‘the Secretary, after
consultation with the Marine Mammal
Commission and the Committee of
Scientific Advisors on Marine Mammals
. . . determines that a species or a
population stock is below its optimum
sustainable population.’’ Section 3(9) of
the MMPA (16 U.S.C. 1362(9)) defines
‘‘optimum sustainable population
[(OSP)] . . . with respect to any
population stock, [as] the number of
animals which will result in the
maximum productivity of the
population or the species, keeping in
mind the carrying capacity [(K)] of the
habitat and the health of the ecosystem
of which they form a constituent
element.’’ NMFS’ regulations at 50 CFR
216.3 clarify the definition of OSP as a
population size that falls within a range
from the population level of a given
species or stock that is the largest
supportable within the ecosystem (i.e.,
K) to its maximum net productivity
level (MNPL). MNPL is the population
abundance that results in the greatest
net annual increment in population
numbers resulting from additions to the
population from reproduction, less
losses due to natural mortality.
The MMPA provides for interested
parties to submit a petition to designate
a species or stock of marine mammals
as depleted. Section 115(a)(3) of the
MMPA (16 U.S.C. 1383b(a)(3)) requires
NMFS to publish a notice in the Federal
Register that such a petition has been
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]]>Agencies
[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Proposed Rules]
[Pages 28876-28879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11568]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0253]
RIN 1625-AA00
Safety Zone; Bullhead City River Regatta; Bullhead City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of the Colorado River in Bullhead City,
Arizona. The safety zone is necessary to provide for the safety of the
Bullhead City River Regatta marine event participants. The safety zone
will temporarily restrict vessel movement and public waterway use
within the designated area. During the annual one-day event, held on
August 9, 2014, non-authorized event persons and vessels would be
prohibited from entering into, transiting through or anchoring within
the enforced period of the safety zone unless authorized by the Captain
of the Port or his designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before June 19, 2014.
Requests for public meetings must be received by the Coast Guard on
or before June 4, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Bannon, Waterways Management,
U.S. Coast Guard Sector San Diego; telephone (619) 278-7656, email
John.E.Bannon@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
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as
[[Page 28877]]
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2014-0253] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2014-0253) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
The request for a waterway safety zone was submitted by the
organizer of the annual event, Bullhead City, Arizona. The safety zone
will provide a safety buffer from vessel traffic for the estimated
25,000 participants floating down a six mile portion of the Colorado
River during the annual marine event.
The Bullhead City River Regatta is a reoccurring marine event
listed in 33 CFR 100.1102 Table 1, Item number 16.
The Bullhead City River Regatta is held on the navigable waters of
the Colorado River adjacent to Bullhead City, Arizona and Laughlin,
Nevada. The waterway is under federal jurisdiction due to the division
of two states. The proposed safety zone is deemed necessary by Coast
Guard Sector San Diego Captain of the Port to provide for the safety of
the event participants and to support the state-led waterway safety
efforts. This popular event involves a high number of people, with paid
event permits, floating down a six mile portion of the Colorado River
on inflatable rafts, inner tubes and floating platforms. This is the
only event on this portion of the waterway that restricts public access
for a defined period of time during one day of the year.
Because of the high amount of participants, narrow and treacherous
portions of the waterway, public access for this small portion of the
waterway is limited at the request of local law enforcement and city
officials. The sponsor provides adequate notice and the annual event
occurs each year on the same approximate date and time, as well as the
same portion of the waterway. The small part of the waterway impacted
will be reopened as soon as the waterway is deemed safe by the Coast
Guard Captain of the Port or his designated representative. The sponsor
will provide over 35 patrol and rescue vessels to help facilitate the
event and ensure public safety.
D. Discussion of Proposed Rule
The proposed temporary safety zone will encompass a six mile
portion of the Colorado River, directly adjacent to Bullhead City,
Arizona and Laughlin, Nevada. Specifically, the closed portion of the
Colorado River includes the waters between Davis Camp and Rotary Park
in Bullhead City, Arizona. In the interest of public and event
participant safety, general navigation within the safety zone by non-
event participants will be restricted. Except for vessels authorized by
the Coast Guard Captain of the Port or his representative, working
closely with Bullhead City event command staff, no person or vessel may
enter or remain in the regulated area for the safety of event
participants. This zone will be in effect from 6 a.m. to 6 p.m. on
August 9, 2014. Before the effective period, the Coast Guard will
publish a Local Notice to Mariners (LNM) and marine information
broadcasts on the day of the event. Should the safety zone no longer be
required, the waterway will be reopened as soon as possible for full
public use.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size and location of the safety zone. Although the safety
zone would apply to the entire width of the river for a six mile
stretch, traffic would be allowed to pass through the zone before and
immediately after the marine event. In addition, with the permission of
the Captain of the Port or his designated representative, limited
traffic may be authorized on a case-by-case basis. Additionally, before
the effective period, the Coast Guard will publish a Local Notice to
Mariners (LNM).
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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which might
[[Page 28878]]
be small entities: The owners or operators of private or commercial
vessels intending to transit or anchor in that portion of the Colorado
River between Davis Camp and Rotary Park between 6 a.m. and 6 p.m. on
August 9, 2014.
This safety zone would 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
for a six mile portion and a majority of the day, traffic may be
allowed to pass through the zone on a case-by-case basis with the
permission of the Coast Guard Captain of the Port or his designated
representative, working closely with marine event law enforcement
leadership. In addition, early morning and late afternoon traffic can
pass through prior to and immediately after the event. The reopening of
the waterway will occur as soon as the waterway is deemed safe. A
phased reopening will occur from north to south as the last
participants are allowed to enter the waterway on their six mile
floating transit. Before the effective period, the Coast Guard and
Bullhead City, Arizona will issue maritime and local advisories widely
available to the users of the waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children From Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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
made a preliminary determination 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 proposed rule involves
establishing a temporary safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary 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 proposed 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 proposes
to amend 33 CFR part 165 as follows:
[[Page 28879]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T11-632 to read as follows:
Sec. 165.T11-632 Safety Zone; Bullhead City River Regatta; Bullhead
City, AZ.
(a) Regulated area. The following area is a temporary safety zone:
This zone includes six miles of the Colorado River, from Davis Camp,
Bullhead City, Arizona to Rotary Park, Bullhead City, Arizona.
(b) Regulations. Before the effective period, the Coast Guard will
publish a Local Notice to Mariners (LNM). If the event concludes prior
to the scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce the reopening of
portions or entire waterway via Broadcast Notice to Mariners. In
addition, the following regulations apply:
(1) Entry into, transit through or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port of San
Diego or his designated representative.
(2) Mariners can request permission to transit through the safety
zone from the Patrol Commander. The Patrol Commander can be contacted
on VHF-FM channels 16 and 23.
(3) The operator of any vessel within or in the immediate vicinity
of this safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on board a vessel displaying a
Coast Guard Ensign, and
(ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a Coast Guard Ensign
(iii) The Coast Guard may be assisted by other federal, state, or
local agencies.
(c) Definitions. The following definition applies to this section:
(1) Captain of the Port San Diego means the Commander, Coast Guard
Sector San Diego.
(2) Designated representative means any commissioned, warrant, or
petty officer of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and notification of the safety
zone.
(e) Enforcement period. This section will be enforced from 6 a.m.
to 6 p.m. on August 9, 2014 unless cancelled earlier by the Captain of
the Port.
Dated: April 15, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-11568 Filed 5-19-14; 8:45 am]
BILLING CODE 9110-04-P
