Safety Zone; Bullhead City River Regatta; Bullhead City, AZ, 38776-38779 [2014-16073]

Download as PDF emcdonald on DSK67QTVN1PROD with RULES 38776 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 VerDate Mar<15>2010 16:31 Jul 08, 2014 Jkt 232001 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 http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant 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: PO 00000 Coast Guard, DHS. Frm 00030 Fmt 4700 Sfmt 4700 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. E:\FR\FM\09JYR1.SGM 09JYR1 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. emcdonald on DSK67QTVN1PROD with RULES 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 16:31 Jul 08, 2014 Jkt 232001 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 VerDate Mar<15>2010 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. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 38777 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 E:\FR\FM\09JYR1.SGM 09JYR1 38778 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. VerDate Mar<15>2010 16:31 Jul 08, 2014 Jkt 232001 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09JYR1.SGM 09JYR1 Federal Register / Vol. 79, No. 131 / Wednesday, July 9, 2014 / Rules and Regulations 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 emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:31 Jul 08, 2014 Jkt 232001 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?). PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 38779 Additional information on the RERCs program can be found at: http:// 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 E:\FR\FM\09JYR1.SGM 09JYR1

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 http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant 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