Safety Zone; Bullhead City River Regatta; Bullhead City, AZ, 38776-38779 [2014-16073]
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Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Rules and Regulations
July 11, 2014. A regulated area is
established to include all waters of the
Detroit River, Detroit, Michigan,
bounded on the south by the
International boundary, on the west by
083°03′ W, on the east by 083°02′ W,
and on the north by the U.S. shoreline
(DATUM: NAD 83). This position is
located on the Detroit River in front of
Hart Plaza, Detroit, MI.
(3) § 100.918 Detroit APBA Gold
Cup, Detroit MI.
This special local regulation will be
enforced from 7 a.m. to 7 p.m. on July
11, 12, and 13, 2014. A regulated area
is established to include all waters of
the Detroit River, Belle Isle, Michigan,
bound on the west by the Belle Isle
Bridge (position 42°20′20″ N, 083°00′00″
W to 42°20′24″ N, 083°59′45″ W), and
on the east by a north-south line drawn
through Waterworks Intake Crib Light
(Light List Number 8350; position
42°21′06″ N, 082°58′00″ W).
(4) § 100.914 Trenton Rotary Roar
on the River, Trenton, MI.
This special local regulation will be
enforced from 8 a.m. to 8 p.m. on July
18, 19, and 20, 2014. The regulated area
is established to include all waters of
the Detroit River, Trenton, Michigan,
bounded by an east/west line beginning
at a point of land at the northern end of
Elizabeth Park in Trenton, MI, located at
position 42°8.2′ N; 083°10.6′ W,
extending east to a point near the center
of the Trenton Channel located at
position 42°8.2′ N; 083°10.4′ W,
extending south along a north/south
line to a point at the Grosse Ile Parkway
Bridge located at position 42°7.7′ N;
083°10.5′ W, extending west along a line
bordering the Grosse Ile Parkway Bridge
to a point on land located at position
42°7.7′ N; 083°10.7′ W, and along the
shoreline to the point of origin. This
area is in the Trenton Channel between
Trenton and Grosse Isle, MI.
(5) § 100.915 St. Clair River Classic
Offshore Race, St. Clair, MI.
This special local regulation will be
enforced from 10 a.m. to 6 p.m. on
August 8, 9, and 10, 2014. A regulated
area is established to include all waters
of the St. Clair River, St. Clair,
Michigan, bounded by latitude
42°52′00″ N to the north; latitude
42°49′00″ N to the south; the shoreline
of the St. Clair River on the west; and
the international boundary line on the
east.
These five special local regulation
sections apply regulations in § 100.901.
Entry into, transiting, or anchoring
within these regulated areas is
prohibited unless authorized by the
Coast Guard patrol commander
(PATCOM). The PATCOM may restrict
vessel operation within the regulated
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area to vessels having particular
operating characteristics.
Vessels permitted to enter this
regulated area must operate at a no wake
speed and in a manner that will not
endanger race participants or any other
craft.
The PATCOM may direct the
anchoring, mooring, or movement of
any vessel within this regulated area. A
succession of sharp, short signals by
whistle or horn from vessels patrolling
the area under the direction of the
PATCOM shall serve as a signal to stop.
Vessels so signaled shall stop and shall
comply with the orders of the PATCOM.
Failure to do so may result in expulsion
from the area, a Notice of Violation for
failure to comply, or both.
If it is deemed necessary for the
protection of life and property, the
PATCOM may terminate at any time the
marine event or the operation of any
vessel within the regulated area.
In accordance with the general
regulations in § 100.35, the Coast Guard
will patrol the regatta area under the
direction of a designated Coast Guard
Patrol Commander (PATCOM). The
PATCOM may be contacted on Channel
16 (156.8 MHz) by the call sign ‘‘Coast
Guard Patrol Commander.’’
The rules in § 100.901 do not apply to
vessels participating in the event or to
government vessels patrolling the
regulated area in the performance of
their assigned duties.
This document is issued under
authority of 33 CFR 100.35 and 5 U.S.C.
552 (a). If the Captain of the Port
determines that any of these special
local regulations need not be enforced
for the full duration stated in this
document, he or she may suspend such
enforcement and notify the public of the
suspension via a Broadcast Notice to
Mariners.
Dated: June 24, 2014.
S.B. Lemasters,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
ACTION:
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Colorado
River in Bullhead City, AZ in support of
the 2014 Bullhead City River Regatta.
This temporary safety zone is necessary
to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and other users of the
waterway. Persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this safety
zone unless authorized by the Captain
of the Port, or his designated
representative.
SUMMARY:
This rule is effective from 6 a.m.
to 6 p.m. on August 9, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0359]. 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 Lieutenant Commander John
Bannon, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
Guard; telephone 619–278–7261, 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:
DATES:
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
LNM Local Notice to Mariners
DEPARTMENT OF HOMELAND
SECURITY
A. Regulatory History and Information
[FR Doc. 2014–16067 Filed 7–8–14; 8:45 am]
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0359]
RIN 1625–AA00
Safety Zone; Bullhead City River
Regatta; Bullhead City, AZ
AGENCY:
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Coast Guard, DHS.
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The Coast Guard is issuing this
temporary final rule after publishing an
NPRM on May 20, 2014, that provided
a 30 day public comment period. The
Coast Guard received no comments on
the NPRM for this rule, and as such, no
changes have been made to the safety
zone. This temporary safety zone is
established to support an annual marine
event listed in 33 CFR 100.1102, Table
1, item 16.
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Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Rules and Regulations
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; Public Law 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.
Bullhead City, AZ is sponsoring the
2014 annual River Regatta, a permitted
Coast Guard marine event, held on the
navigable waters of the Colorado River
in Bullhead City, AZ.
The temporary safety zone established
by this rule supports that marine event.
This recurring marine event is listed in
33 CFR 100.1102, Table 1, item 16.
This temporary safety zone is
necessary to provide for the safety of the
participants, crew, spectators, sponsor
vessels, and other users of the waterway
throughout this popular annual event.
This event involves participants floating
down the river on inflatable rafts, inner
tubes, and floating platforms as part of
the organized marine event. The size
and types of floats will vary.
Approximately 25,000 people are
expected to participate in this event.
The sponsor will provide over 32 patrol
and rescue boats to help facilitate the
event, make certain participants are
wearing personal floatation devices, and
ensure overall public safety. As the
participants conclude each section of
the river, the COTP will disestablish the
associated safety zone for that section of
the river as soon as it is safe to do so.
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The Coast Guard received 0 comments
on the NPRM for this rule, and as such,
no changes have been made to the final
rule.
Because the safety zone is being
established to help support Bullhead
City officials with event safety and to
ensure a safe area for this widely
attended event, the safety zone is
necessary for this one-day event.
Although the Coast Guard did not
receive any official comments on the
rulemaking, prior to publishing the
NPRM, on April 28, 2014, Coast Guard
Sector San Diego did receive an email
notice from the Nevada Department of
Wildlife (NDOW) concerning the safety
of the event. Although this comment
was not submitted officially to the
NPRM docket, it does warrant
recognition as it relates to the safety of
the event and the establishment of a
temporary safety zone that will limit
public access to the waterway. NDOW
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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
C. Discussion of Comments, Changes
and the Final Rule
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stated a concern about the inability of
event sponsors to enforce life jacket
usage throughout the river float. NDOW
estimates that less than 20% of event
participants wear a life jacket
throughout the entire six mile event.
The Coast Guard recognizes that the
sponsor of the event has trouble
enforcing this rule in shallow water that
involves approximately 25,000
participants. This year, additional life
guard staffing and law enforcement
presence will address this concern,
including removal of participants at
appropriate times for failing to wear
their life jackets. Wearing a life jacket is
a condition of participation.
In addition, NDOW discussed the lack
of a comprehensive event evacuation
plan, specifically throughout the six
mile river route that includes private
property shoreline and inaccessible
shoreline to roads and parks. Event
organizers do, however, address this
concern in the Bullhead City Police
Department event Incident Action Plan
(IAP). The IAP will account for extreme
weather, such as lightning, that will call
for either temporarily or completely
halting the event and removing
participants from the waterway as safely
and efficiently as possible.
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This determination is based on
the size and location of the safety zone.
The safety zone will encompass all
navigable waters in the vicinity of Davis
Camp to Rotary Park in Bullhead City,
AZ. Vessels may transit through the
safety zone during the specified times if
they request and receive permission
from the Captain of the Port or his
designated representative, on a case by
case basis. And, as soon as possible, the
waterway will be reopened in phases as
the event winds down.
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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 received no
comments from the Small Business
Administration on this rule and the
impact of a temporary one day closure
of the portion of the Colorado River for
this annual event. 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 might be small entities: The
owners or operators of private,
commercial vessels or for hire vessels,
intending to transit or anchor in a
portion of the waters of the Colorado
River between Davis Camp to Rotary
Park in Bullhead City, Arizona from 6
a.m. to 6 p.m. on August 9, 2014.
Because this is a popular annual event
supported by neighboring
municipalities from Arizona and
Nevada with in-depth planning, very
few small businesses are impacted.
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.
This popular annual event is advertised
extensively in the area. Before the
effective period, the Coast Guard will
publish a Local Notice to Mariners.
And, just prior to the event, the Coast
Guard will notify on-water users of the
restriction to the waterway.
Furthermore, many personal watercraft
businesses are able to rent their
equipment to event sponsors for event
support. And, alternate waterway use
locations exist above and beyond the
affected six mile portion of the Colorado
River, as well as Lake Mohave, located
immediately adjacent to the waterway.
This event is the only event throughout
the year that limits full use of the
navigable waterway and it is well
advertised.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Rules and Regulations
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.
emcdonald on DSK67QTVN1PROD with RULES
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.
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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
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environment. This rule involves
establishment of a temporary safety
zone on the navigable waters of the
Colorado River. 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:
■
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.T11–644 to read as
follows:
■
§ 165.T11–644 Safety Zone; Bullhead City
River Regatta, Bullhead City, AZ.
(a) Location. This temporary safety
zone includes six miles of navigable
waters of the Colorado River between
Davis Camp and Rotary Park in
Bullhead City, AZ.
(b) Enforcement Period. The zone
described in paragraph (a) of this
section will be enforced 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). 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 that fact via Broadcast Notice
to Mariners.
(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
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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) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Captain of the Port designated
representative.
(4) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(5) 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.
(6) The Coast Guard may be assisted
by other Federal, State, or local law
enforcement agencies in the patrol and
notification of the regulation.
Dated: June 24, 2014.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2014–16073 Filed 7–8–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2014–OSERS–0018; CFDA
Number: 84.133E–4]
Final Priority; National Institute on
Disability and Rehabilitation
Research—Rehabilitation Engineering
Research Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority under the
Disability and Rehabilitation Research
Projects and Centers Program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). Specifically, we
announce a priority for a Rehabilitation
Engineering Research Center (RERC) on
Improving the Accessibility, Usability,
and Performance of Technology for
Individuals who are Deaf or Hard of
Hearing. The Assistant Secretary may
use this priority for competitions in
fiscal year (FY) 2014 and later years. We
take this action to focus research
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SUMMARY:
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16:31 Jul 08, 2014
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attention on an area of national need.
We intend the priority to contribute to
improving the accessibility, usability,
and performance of technology for
individuals who are deaf or hard of
hearing.
Effective Date: This priority is
effective August 8, 2014.
FOR FURTHER INFORMATION CONTACT:
Patricia Barrett, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5142, Potomac Center Plaza
(PCP), Washington, DC 20202–2700.
Telephone: (202) 245–6211 or by email:
patricia.barrett@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
DATES:
Purpose of
Program: The purpose of the Disability
and Rehabilitation Research Projects
and Centers Program is to plan and
conduct research, demonstration
projects, training, and related activities,
including international activities, to
develop methods, procedures, and
rehabilitation technology that maximize
the full inclusion and integration into
society, employment, independent
living, family support, and economic
and social self-sufficiency of individuals
with disabilities, especially individuals
with the most severe disabilities. The
program is also intended to improve the
effectiveness of services authorized
under the Rehabilitation Act of 1973, as
amended (Rehabilitation Act).
SUPPLEMENTARY INFORMATION:
Rehabilitation Engineering Research
Centers
The purpose of NIDRR’s RERCs
program, which is funded through the
Disability and Rehabilitation Research
Projects and Centers Program, is to
improve the effectiveness of services
authorized under the Rehabilitation Act.
It does so by conducting advanced
engineering research, developing and
evaluating innovative technologies,
facilitating service delivery system
changes, stimulating the production and
distribution of new technologies and
equipment in the private sector, and
providing training opportunities. RERCs
seek to solve rehabilitation problems
and remove environmental barriers to
improvements in employment,
community living and participation,
and health and function outcomes of
individuals with disabilities.
The general requirements for RERCs
are set out in subpart D of 34 CFR part
350 (What Rehabilitation Engineering
Research Centers Does the Secretary
Assist?).
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38779
Additional information on the RERCs
program can be found at: https://
www2.ed.gov/programs/rerc/
index.html#types.
Program Authority: 29 U.S.C. 762(g) and
764(b)(3).
Applicable Program Regulations: 34
CFR part 350.
We published a notice of proposed
priority for this program in the Federal
Register on April 16, 2014 (79 FR
21418). That notice contained
background information and our reasons
for proposing the particular priority.
There are differences between the
proposed priority and this final priority
as discussed in the Analysis of
Comments and Changes section of this
notice.
Public Comment: In response to our
invitation in the notice of proposed
priority, four parties submitted
comments on the proposed priority.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority since publication
of the NPP follows.
Comment: One commenter observed
that NIDRR RERC priorities have
typically included a requirement that
RERCs develop and implement a plan to
ensure that technologies developed by
the RERC are made available to the
public. This commenter suggested that
this requirement should be included in
the priority.
Discussion: We agree that this
requirement would help ensure that
technologies resulting from research and
development conducted by the RERC
would be made available to the public.
Changes: New paragraph (e) has been
added to the priority requiring the RERC
to develop and implement a plan for
transferring technologies developed by
the RERC to the public.
Comment: One commenter
recommended specific changes to
paragraph (a) of the priority, which
focuses on improving technological and
design features to maximize the
adoption and use of auditory devices.
This commenter suggested that the
RERC should focus its research and
development activities on open fit
hearing aids, as well as other
technological and design features that
improve individuals’ ability to hear in
noisy environments.
Discussion: We agree that research on
open fit hearing aids and design features
that improve individuals’ ability to hear
in noisy environments are important
areas to consider for research and
development. Nothing in the priority
prohibits an applicant from proposing to
focus on one or both of these topics. We
do not, however, want to limit
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]]>Agencies
[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38776-38779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16073]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0359]
RIN 1625-AA00
Safety Zone; Bullhead City River Regatta; Bullhead City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Colorado River in Bullhead City, AZ in support
of the 2014 Bullhead City River Regatta. This temporary safety zone is
necessary to provide for the safety of the participants, crew,
spectators, sponsor vessels, and other users of the waterway. Persons
and vessels are prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative.
DATES: This rule is effective from 6 a.m. to 6 p.m. on August 9, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0359]. 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 Lieutenant Commander John Bannon, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7261,
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
TFR Temporary Final Rule
LNM Local Notice to Mariners
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule after
publishing an NPRM on May 20, 2014, that provided a 30 day public
comment period. The Coast Guard received no comments on the NPRM for
this rule, and as such, no changes have been made to the safety zone.
This temporary safety zone is established to support an annual marine
event listed in 33 CFR 100.1102, Table 1, item 16.
[[Page 38777]]
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; Public Law 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.
Bullhead City, AZ is sponsoring the 2014 annual River Regatta, a
permitted Coast Guard marine event, held on the navigable waters of the
Colorado River in Bullhead City, AZ.
The temporary safety zone established by this rule supports that
marine event. This recurring marine event is listed in 33 CFR 100.1102,
Table 1, item 16.
This temporary safety zone is necessary to provide for the safety
of the participants, crew, spectators, sponsor vessels, and other users
of the waterway throughout this popular annual event. This event
involves participants floating down the river on inflatable rafts,
inner tubes, and floating platforms as part of the organized marine
event. The size and types of floats will vary. Approximately 25,000
people are expected to participate in this event. The sponsor will
provide over 32 patrol and rescue boats to help facilitate the event,
make certain participants are wearing personal floatation devices, and
ensure overall public safety. As the participants conclude each section
of the river, the COTP will disestablish the associated safety zone for
that section of the river as soon as it is safe to do so.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received 0 comments on the NPRM for this rule, and
as such, no changes have been made to the final rule.
Because the safety zone is being established to help support
Bullhead City officials with event safety and to ensure a safe area for
this widely attended event, the safety zone is necessary for this one-
day event. Although the Coast Guard did not receive any official
comments on the rulemaking, prior to publishing the NPRM, on April 28,
2014, Coast Guard Sector San Diego did receive an email notice from the
Nevada Department of Wildlife (NDOW) concerning the safety of the
event. Although this comment was not submitted officially to the NPRM
docket, it does warrant recognition as it relates to the safety of the
event and the establishment of a temporary safety zone that will limit
public access to the waterway. NDOW stated a concern about the
inability of event sponsors to enforce life jacket usage throughout the
river float. NDOW estimates that less than 20% of event participants
wear a life jacket throughout the entire six mile event. The Coast
Guard recognizes that the sponsor of the event has trouble enforcing
this rule in shallow water that involves approximately 25,000
participants. This year, additional life guard staffing and law
enforcement presence will address this concern, including removal of
participants at appropriate times for failing to wear their life
jackets. Wearing a life jacket is a condition of participation.
In addition, NDOW discussed the lack of a comprehensive event
evacuation plan, specifically throughout the six mile river route that
includes private property shoreline and inaccessible shoreline to roads
and parks. Event organizers do, however, address this concern in the
Bullhead City Police Department event Incident Action Plan (IAP). The
IAP will account for extreme weather, such as lightning, that will call
for either temporarily or completely halting the event and removing
participants from the waterway as safely and efficiently as possible.
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. This determination is
based on the size and location of the safety zone. The safety zone will
encompass all navigable waters in the vicinity of Davis Camp to Rotary
Park in Bullhead City, AZ. Vessels may transit through the safety zone
during the specified times if they request and receive permission from
the Captain of the Port or his designated representative, on a case by
case basis. And, as soon as possible, the waterway will be reopened in
phases as the event winds down.
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 received no comments from the Small Business
Administration on this rule and the impact of a temporary one day
closure of the portion of the Colorado River for this annual event. 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
might be small entities: The owners or operators of private, commercial
vessels or for hire vessels, intending to transit or anchor in a
portion of the waters of the Colorado River between Davis Camp to
Rotary Park in Bullhead City, Arizona from 6 a.m. to 6 p.m. on August
9, 2014. Because this is a popular annual event supported by
neighboring municipalities from Arizona and Nevada with in-depth
planning, very few small businesses are impacted.
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. This
popular annual event is advertised extensively in the area. Before the
effective period, the Coast Guard will publish a Local Notice to
Mariners. And, just prior to the event, the Coast Guard will notify on-
water users of the restriction to the waterway. Furthermore, many
personal watercraft businesses are able to rent their equipment to
event sponsors for event support. And, alternate waterway use locations
exist above and beyond the affected six mile portion of the Colorado
River, as well as Lake Mohave, located immediately adjacent to the
waterway. This event is the only event throughout the year that limits
full use of the navigable waterway and it is well advertised.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 38778]]
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 temporary safety
zone on the navigable waters of the Colorado River. 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.T11-644 to read as follows:
Sec. 165.T11-644 Safety Zone; Bullhead City River Regatta, Bullhead
City, AZ.
(a) Location. This temporary safety zone includes six miles of
navigable waters of the Colorado River between Davis Camp and Rotary
Park in Bullhead City, AZ.
(b) Enforcement Period. The zone described in paragraph (a) of this
section will be enforced 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). 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 that fact via Broadcast Notice to
Mariners.
(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
[[Page 38779]]
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) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Captain of the Port
designated representative.
(4) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(5) 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.
(6) The Coast Guard may be assisted by other Federal, State, or
local law enforcement agencies in the patrol and notification of the
regulation.
Dated: June 24, 2014.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2014-16073 Filed 7-8-14; 8:45 am]
BILLING CODE 9110-04-P
