Safety Zone; Blue Water Resort and Casino Southwest Showdown 4; Parker, AZ, 1341-1344 [2015-00176]
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Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations
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.T01–0554 to read as
follows:
■
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§ 165.T01–0554 Regulated Navigation
Area; Sarah Mildred Long Bridge
Replacement, Portsmouth, NH.
(a) Location. The following area is a
Regulated Navigation Area (RNA): All
navigable waters of the Piscataqua River
between Portsmouth, NH and Kittery,
ME, from surface to bottom, within a
300 yard radius of position 43°05′10″ N,
070°45′38″ W (NAD 83), center point of
the existing Sarah Mildred Long Bridge.
(b) Regulations. (1) The general
regulations contained in §§ 165.10,
165.11, and 165.13 apply within the
RNA.
(2) Any vessel transiting through the
RNA must make a direct passage. No
vessel may stop, moor, anchor or loiter
within the RNA at any time unless they
are working on the bridge construction.
Movement within the RNA is subject to
a ‘‘Slow-No Wake’’ speed limit. All
vessels may not produce a wake and
may not attain speeds greater than five
(5) knots unless a higher minimum
speed is necessary to maintain bare
steerageway.
(3) There may be times that the First
District Commander or the Captain of
the Port (COTP) finds it necessary to
close the RNA to vessel traffic. All
closures will be limited to specific
hours of the day. Mariners will be
advised of all closure dates and times
via Local Notice to Mariners and
Broadcast Notice to Mariners in advance
of closure times. During times of limited
closure, persons and vessels may
request permission to enter the RNA by
contacting the COTP or the COTP’s onscene representative on VHF–16 or via
phone at 207–767–0303.
(4) Any vessels transiting in the RNA
must comply with all directions given to
them by the COTP or the COTP’s onscene representative. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The on-scene representative may
be on a Coast Guard vessel; or other
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designated craft; or on shore and
communicating with vessels via VHF–
FM radio or loudhailer. Members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
(5) All other relevant regulations,
including but not limited to the Rules of
the Road, as codified in 33 CFR
subchapter E, Inland Navigational
Rules, remain in effect within the RNA
and must be strictly followed at all
times.
(c) Enforcement period. This
regulation is enforceable 24 hours a day
from 12:01 a.m. on December 31, 2014
until 11:59 p.m. on May 31, 2019.
(d) Notification. The Coast Guard will
rely on the methods described in § 165.7
to notify the public of the time and
duration of any closure of the RNA.
Violations of this RNA may be reported
to the COTP at 207–767–0303 or on
VHF-Channel 16.
Dated: December 22, 2014.
L.L. Fagan,
Admiral, U.S. Coast Guard, Commander, First
Coast Guard District.
[FR Doc. 2015–00182 Filed 1–8–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0990]
RIN 1625–AA00
Safety Zone; Blue Water Resort and
Casino Southwest Showdown 4;
Parker, AZ
Coast Guard, DHS.
Temporary final rule; request for
comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the Lake Moolvalya region of the
navigable waters of the Colorado River
in Parker, Arizona in support of the
Arizona Drag Boat Association
sponsored race event, the Blue Water
Resort and Casino Southwest
Showdown. This safety zone is
established to ensure the safety of
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway.
Unauthorized 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 their designated
representative. The Coast Guard
SUMMARY:
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requests public comments on the
temporary safety zone.
DATES: This rule is effective from 9 a.m.
on February 20, 2015 through 6 p.m.
February 22, 2015. This rule will be
enforced from 9 a.m. until 6 p.m.
February 20, 2015, February 21, 2015,
and February 22, 2015. Public
comments must be received by February
9, 2015.
ADDRESSES: Submit comments using one
of the listed methods, and see
SUPPLEMENTARY INFORMATION for more
information on public comments.
• Online—https://www.regulations.gov
following Web site instructions.
• Fax—202–493–2251.
• Mail or hand deliver—Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Hand
delivery hours: 9 a.m. to 5 p.m., Monday
through Friday, except Federal holidays
(telephone 202–366–9329).
Documents mentioned in this
preamble are part of docket [USCG–
2014–0990]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Nick Bateman,
Waterways Management, U.S. Coast
Guard Sector San Diego, Coast Guard;
telephone 619–278–7656, email
d11marineeventssandiego@uscg.mil If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Public Participation and Comments
We encourage you to submit
comments (or related material) on this
temporary final rule. We will consider
all submissions and may adjust our final
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action based on your comments.
Comments should be marked with
docket number USCG–2014–0990 and
should provide a reason for each
suggestion or recommendation. You
should provide personal contact
information so that we can contact you
if we have questions regarding your
comments; but please note that all
comments will be posted to the online
docket without change and that any
personal information you include can be
searchable online (see the Federal
Register Privacy Act notice regarding
our public dockets, 73 FR 3316, Jan. 17,
2008).
Mailed or hand-delivered comments
should be in an unbound 81⁄2 × 11 inch
format suitable for reproduction. The
Docket Management Facility will
acknowledge receipt of mailed
comments if you enclose a stamped,
self-addressed postcard or envelope
with your submission.
Documents mentioned in this notice,
and all public comments, are in our
online docket at https://
www.regulations.gov and can be viewed
by following the Web site’s instructions.
You can also view the docket at the
Docket Management Facility (see the
mailing address under ADDRESSES)
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
B. Regulatory History and Information
The Blue Water Resort and Casino
Southwest Showdown is an annual
recurring marine event in March, and is
listed in 33 CFR 100.1102 (table 1,
number 7) for annual marine events on
the Colorado River, between Davis Dam
and Headgate Dam. Special local
regulations exist for the marine event to
allow for high speed boat racing in a nowake zone. For 2015, the event dates
have been shifted from the listed
weekend in March, to February. As
such, a temporary safety zone will be
established to ensure the safety of event
participants and spectators.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule because an NPRM would be
impracticable and contrary to the public
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interest in ensuring safety. We did not
receive confirmation of the February
event dates until November 15, 2014,
which left insufficient time to draft,
publish, and receive public comment on
an NPRM. We wish to take immediate
action to help protect the safety of the
participants, crew, spectators, and
participating vessels from other vessels
during this three day annual event.
However, because publication of this
rule in the Federal Register will precede
the event by several weeks, we are
requesting public comment on the need
for and sufficiency of our safety zone,
and on whether it should be adjusted in
any way. In light of public comment,
and with actual notice by on-scene
personnel, we may modify the safety
zone during its periods of enforcement.
C. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Pub. L. 107–295, 116
Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
Because of the date change, this
annual recurring marine event requires
promulgation of a limited access area
safety zone to ensure the safety of the
event and support the safety of event
participants and the public, who may
not be aware of the event date change
from March to February.
D. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone that will be
enforced from 9 a.m. to 6 p.m. on
February 20, 2015, February 21, 2015,
and February 22, 2015. The effect of the
temporary safety zone will be to restrict
navigation in the vicinity of the boat
race site until the conclusion of the
races. The limits of the safety zone will
support the Coast Guard issued marine
event permit special local regulations to
include all the navigable waters of the
Colorado River between Headgate Dam
and 0.5 miles north of the Blue Water
Marina in Parker, Arizona.
The safety zone is necessary to
provide for the safety of the crew,
spectators, participants, and other
vessels and users of the waterway.
Persons and vessels will be prohibited
from entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative, during
the proposed times. The three day event
will include racing on Friday, Saturday,
and Sunday. Before the effective period,
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the Coast Guard will publish a local
notice to mariners (LNM).
E. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the size,
location, limited duration of the safety
zone and that the boat race is an annual
recurring marine event. Additionally, to
the maximum extent practicable, the
event sponsor will assist with the
movement of boaters desiring to transit
the racing area during non-racing times
throughout the three days.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
the impacted portion of the Colorado
River from 9 a.m. to 6 p.m. on February
20, 2015, February 21, 2015 and
February 22, 2015.
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
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Port, or his designated representative.
The event sponsor will also to their
maximum extent assist boaters wishing
to transit the racing area during nonracing times throughout the three days.
Before the effective period, the Coast
Guard will publish a Local Notice to
Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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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
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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.
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14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishment of a safety zone on the
navigable waters of Moovalya Lake. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
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.T11–677 to read as
follows:
■
§ 165.T11–677 Safety zone; Blue Water
Resort and Casino Southwest Showdown 4;
Parker, AZ.
(a) Location. The limits of the safety
zone will include all the navigable
waters of the Colorado River on
Moovalya Lake between Headgate Dam
and 0.5 miles north of the Blue Water
Marina in Parker, Arizona.
(b) Enforcement period. This section
will be enforced from 9 a.m. to 6 p.m.
on February 20, 2015, February 21,
2015, and February 22, 2015.
(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
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Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations
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) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transit through or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port of San Diego or his
designated representative.
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(3) Upon being hailed by U.S. Coast
Guard or designated patrol personnel by
siren, radio, flashing light or other
means, the operator of a vessel shall
proceed as directed.
(4) The Coast Guard may be assisted
by other Federal, state, or local agencies
in patrol and notification of the
regulation.
Dated: December 15, 2014.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting,
Captain of the Port San Diego.
[FR Doc. 2015–00176 Filed 1–8–15; 8:45 am]
December 12, 2014, until January 9,
2015.
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2014–
1037 and are available online by going
to https://www.regulations.gov, inserting
USCG–2014–1037 in the ’’Keyword’’
box, and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT David Bourbeau at
Sector Northern New England;
telephone (207) 347–5015, email
David.T.Bourbeau@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
BILLING CODE 9110–04–P
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C. United States Code
USCG United States Coast Guard
COTP Captain of the Port
Coast Guard
33 CFR Part 165
A. Regulatory Information and
Information
[USCG–2014–1037]
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
publishing an NPRM would be
impracticable and contrary to the public
interest. Because of the emergency
nature of the incident that created the
need for this safety zone, there is
insufficient time for the Coast Guard to
seek public comments. Publishing an
NPRM and delaying the effective date of
this rule to await public comments
would inhibit the Coast Guard’s ability
to fulfill its statutory missions to protect
ports, waterways, and the maritime
public.
RIN 1625–AA00
Safety Zone: Eastport Breakwater
Terminal, Eastport, Maine
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters around the
Eastport Breakwater Terminal in
Eastport, Maine. This safety zone is
intended to restrict vessels from
approaching within 100 yards of the
eastern face of the Eastport Breakwater
Terminal without authorization from
the Captain of the Port (COTP), Sector
Northern New England. This action is
necessary due to the uncertainty
regarding the breakwater’s strength
following a partial collapse of the
structure on December 4, 2014.
DATES: This rule is effective without
actual notice from January 9, 2015 until
January 30, 2017. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
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SUMMARY:
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Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register for the reasons discussed
above. For the same reasons discussed
in the preceding paragraph, the Coast
Guard finds that waiting 30 days to
make this rule effective would be
impracticable and contrary to the public
interest.
B. Basis and Purpose
The legal basis for the temporary rule
is 33 U.S.C. 1226, 1231, 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define safety zones.
On December 4, 2014, the southwest
portion of the Eastport Breakwater
Terminal collapsed into the protected
harbor shoreward of the Breakwater in
Eastport, Maine. The catastrophic
collapse resulted in several vessels
being damaged or destroyed, and left the
remaining breakwater structure at risk of
further collapse. This safety zone is
being established based on the analysis
of an independent engineering firm that
determined the remaining portion of the
breakwater does not have the required
lateral strength, nor is it designed to
hold the weight of the current forces
thrust upon it. The remaining portion of
the breakwater could collapse without
warning. The COTP has determined that
a safety zone is necessary to protect the
public from the safety hazards created
by this emergency.
C. Discussion of Rule
For the reasons discussed above, the
COTP is establishing a temporary safety
zone in Eastport Harbor, ME. The safety
zone will be bound inside an area
within 4 points along the breakwater at
44°54′26″ N, 066°59′00″ W, 44°54′25″ N,
066°58′54″ W, 44°54′19″ N, 066°58′55″
W, 44°54′19″ N, 066°59′01″ W. No
vessel may enter, transit, moor, or
anchor within this safety zone during
the period of enforcement unless
authorized by the COTP or designated
representative.
The COTP will cause public
notifications to be made by all
appropriate means including but not
limited to Broadcast Notice to Mariners.
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.
E:\FR\FM\09JAR1.SGM
09JAR1
]]>Agencies
[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Rules and Regulations]
[Pages 1341-1344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00176]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0990]
RIN 1625-AA00
Safety Zone; Blue Water Resort and Casino Southwest Showdown 4;
Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Lake Moolvalya region of the navigable waters of the Colorado River
in Parker, Arizona in support of the Arizona Drag Boat Association
sponsored race event, the Blue Water Resort and Casino Southwest
Showdown. This safety zone is established to ensure the safety of
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Unauthorized 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 their
designated representative. The Coast Guard requests public comments on
the temporary safety zone.
DATES: This rule is effective from 9 a.m. on February 20, 2015 through
6 p.m. February 22, 2015. This rule will be enforced from 9 a.m. until
6 p.m. February 20, 2015, February 21, 2015, and February 22, 2015.
Public comments must be received by February 9, 2015.
ADDRESSES: Submit comments using one of the listed methods, and see
SUPPLEMENTARY INFORMATION for more information on public comments.
Online--https://www.regulations.gov following Web site
instructions.
Fax--202-493-2251.
Mail or hand deliver--Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand
delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal
holidays (telephone 202-366-9329).
Documents mentioned in this preamble are part of docket [USCG-2014-
0990]. To view documents mentioned in this preamble as being available
in the docket, go to https://www.regulations.gov, type the docket number
in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder
on the line associated with this rulemaking. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Nick Bateman, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656,
email d11marineeventssandiego@uscg.mil If you have questions on viewing
or submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Public Participation and Comments
We encourage you to submit comments (or related material) on this
temporary final rule. We will consider all submissions and may adjust
our final
[[Page 1342]]
action based on your comments. Comments should be marked with docket
number USCG-2014-0990 and should provide a reason for each suggestion
or recommendation. You should provide personal contact information so
that we can contact you if we have questions regarding your comments;
but please note that all comments will be posted to the online docket
without change and that any personal information you include can be
searchable online (see the Federal Register Privacy Act notice
regarding our public dockets, 73 FR 3316, Jan. 17, 2008).
Mailed or hand-delivered comments should be in an unbound 8\1/2\ x
11 inch format suitable for reproduction. The Docket Management
Facility will acknowledge receipt of mailed comments if you enclose a
stamped, self-addressed postcard or envelope with your submission.
Documents mentioned in this notice, and all public comments, are in
our online docket at https://www.regulations.gov and can be viewed by
following the Web site's instructions. You can also view the docket at
the Docket Management Facility (see the mailing address under
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
B. Regulatory History and Information
The Blue Water Resort and Casino Southwest Showdown is an annual
recurring marine event in March, and is listed in 33 CFR 100.1102
(table 1, number 7) for annual marine events on the Colorado River,
between Davis Dam and Headgate Dam. Special local regulations exist for
the marine event to allow for high speed boat racing in a no-wake zone.
For 2015, the event dates have been shifted from the listed weekend in
March, to February. As such, a temporary safety zone will be
established to ensure the safety of event participants and spectators.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because an NPRM would be impracticable and
contrary to the public interest in ensuring safety. We did not receive
confirmation of the February event dates until November 15, 2014, which
left insufficient time to draft, publish, and receive public comment on
an NPRM. We wish to take immediate action to help protect the safety of
the participants, crew, spectators, and participating vessels from
other vessels during this three day annual event. However, because
publication of this rule in the Federal Register will precede the event
by several weeks, we are requesting public comment on the need for and
sufficiency of our safety zone, and on whether it should be adjusted in
any way. In light of public comment, and with actual notice by on-scene
personnel, we may modify the safety zone during its periods of
enforcement.
C. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
Because of the date change, this annual recurring marine event
requires promulgation of a limited access area safety zone to ensure
the safety of the event and support the safety of event participants
and the public, who may not be aware of the event date change from
March to February.
D. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone that will
be enforced from 9 a.m. to 6 p.m. on February 20, 2015, February 21,
2015, and February 22, 2015. The effect of the temporary safety zone
will be to restrict navigation in the vicinity of the boat race site
until the conclusion of the races. The limits of the safety zone will
support the Coast Guard issued marine event permit special local
regulations to include all the navigable waters of the Colorado River
between Headgate Dam and 0.5 miles north of the Blue Water Marina in
Parker, Arizona.
The safety zone is necessary to provide for the safety of the crew,
spectators, participants, and other vessels and users of the waterway.
Persons and vessels will be prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative, during the
proposed times. The three day event will include racing on Friday,
Saturday, and Sunday. Before the effective period, the Coast Guard will
publish a local notice to mariners (LNM).
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary. This determination is based on the size, location,
limited duration of the safety zone and that the boat race is an annual
recurring marine event. Additionally, to the maximum extent
practicable, the event sponsor will assist with the movement of boaters
desiring to transit the racing area during non-racing times throughout
the three days.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the impacted portion of the Colorado
River from 9 a.m. to 6 p.m. on February 20, 2015, February 21, 2015 and
February 22, 2015.
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
[[Page 1343]]
Port, or his designated representative. The event sponsor will also to
their maximum extent assist boaters wishing to transit the racing area
during non-racing times throughout the three days. Before the effective
period, the Coast Guard will publish a Local Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a safety zone on the
navigable waters of Moovalya Lake. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the 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.T11-677 to read as follows:
Sec. 165.T11-677 Safety zone; Blue Water Resort and Casino Southwest
Showdown 4; Parker, AZ.
(a) Location. The limits of the safety zone will include all the
navigable waters of the Colorado River on Moovalya Lake between
Headgate Dam and 0.5 miles north of the Blue Water Marina in Parker,
Arizona.
(b) Enforcement period. This section will be enforced from 9 a.m.
to 6 p.m. on February 20, 2015, February 21, 2015, and February 22,
2015.
(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
[[Page 1344]]
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) Under the general regulations in 33 CFR part
165, subpart C, entry into, transit through or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port
of San Diego or his designated representative.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(3) Upon being hailed by U.S. Coast Guard or designated patrol
personnel by siren, radio, flashing light or other means, the operator
of a vessel shall proceed as directed.
(4) The Coast Guard may be assisted by other Federal, state, or
local agencies in patrol and notification of the regulation.
Dated: December 15, 2014.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2015-00176 Filed 1-8-15; 8:45 am]
BILLING CODE 9110-04-P
