Special Local Regulation; Lake Havasu City, AZ, 46682-46684 [2019-19119]
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46682
Federal Register / Vol. 84, No. 172 / Thursday, September 5, 2019 / Rules and Regulations
includes all DoD component exemption
rules. Therefore, the regulation is now
unnecessary and may be removed from
the CFR.
DEPARTMENT OF HOMELAND
SECURITY
This rule is effective on
September 5, 2019.
33 CFR Part 100
DATES:
[Docket Number USCG–2019–0568]
FOR FURTHER INFORMATION CONTACT:
Tracy Rogers at 571–515–0248.
RIN 1625–AA08
DoD now
has a single DoD-level Privacy Program
rule at 32 CFR part 310 (84 FR 14728)
that contains all the codified
information required for the
Department. The Department of the
Army Privacy Act Program regulation at
32 CFR part 505 is no longer required
and may be removed.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on the removal
of policies and procedures that are
either now reflected in another CFR
part, 32 CFR part 310, or are publically
available on the Army’s website. To the
extent that Army internal guidance
concerning the implementation of the
Privacy Act within the Army is
necessary, it will continue to be
published in Army Regulation 25–22
(available at https://armypubs.army.mil/
epubs/DR_pubs/DR_a/pdf/web/
ARN13587_R25_22_FINAL.pdf).
This rule is one of 20 separate
component privacy rules. With the
finalization of the DoD-level Privacy
rule at 32 CFR part 310, the Department
eliminated the need for this component
Privacy rule, thereby reducing costs to
the public as explained in the preamble
of the DoD-level Privacy rule published
on April 11, 2019, at 84 FR 14728–
14811.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
Special Local Regulation; Lake Havasu
City, AZ
SUPPLEMENTARY INFORMATION:
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for the Havapalooza 2019
marine event that will be held on the
navigable waters of Lake Havasu, Lake
Havasu City, AZ. This action is
necessary to provide for the safety of life
on these navigable waters on Thompson
Bay in Lake Havasu during a waterside
concert on September 14, 2019. This
rule prohibits spectators from
anchoring, blocking, loitering or
transiting through in the event area
unless authorized by the Captain of the
Port Sector San Diego or a designated
representative.
SUMMARY:
This rule is effective from 10
a.m. to 8 p.m. on September 14, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0568 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Briana Biagas, Coast
Guard; telephone 619–278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
List of Subjects in 32 CFR Part 505
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Administrative practice and
procedure, Privacy program.
II. Background Information and
Regulatory History
PART 505—[REMOVED]
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Coast Guard
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 505 is removed.
■
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019–19148 Filed 9–4–19; 8:45 am]
BILLING CODE 5001–03–P
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The Coast Guard is issuing this
temporary 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
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‘‘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 it is
impracticable. The Coast Guard was not
notified of this event’s date until June 4,
2019. It is impracticable to publish an
NPRM because we must establish
regulated area by September 14, 2019
and lack sufficient time to provide a
reasonable comment period and
consider those comments before issuing
the rule.
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. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to ensure the safety of life on
Lake Havasu.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1236). The
Captain of the Port Sector San Diego
(COTP) has determined that a large
congregation of vessels in Thompson
Bay associated with the Havapalooza
2019 marine event on September 14,
2019, poses a potential safety concern.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within Thompson
Bay while the event is occurring.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 10 a.m. to
8 p.m. on September 14, 2019. This
special local regulation establishes a
spectator area covering all navigable
waters of Thompson Bay shoreward of
a line connected by the following
points: Beginning at 34°27′55″ N,
114°20′48″ W (Point A); thence running
southerly to 34°27′52″ N, 114°20′49″ W
(Point B); thence running southeasterly
to 34°27′49″ N, 114°20′47″ W (Point C);
thence running southeasterly to
34°27′45″ N, 114°20′43″ W (Point D);
thence running southeasterly to
34°27′40″ N, 114°20′34″ W (Point E)
thence running southeasterly and
ending at 34°27′37″ N, 114°20′27″ W
(Point F). The duration of the regulated
area is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
marine event. All non-event participants
would be permitted to enter the
regulated area without obtaining
permission from the COTP or a
designated representative.
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Federal Register / Vol. 84, No. 172 / Thursday, September 5, 2019 / Rules and Regulations
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated area.
Vessel traffic can safely transit around
this regulated which would impact a an
approximately 17,000 square yard area
of Thompson Bay from 8 a.m. to 10 p.m.
Moreover, the Coast Guard would make
a post in the Local Notice to Mariners
with details on the regulated area.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit the
temporary regulated area may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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
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16:33 Sep 04, 2019
Jkt 247001
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
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.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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
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46683
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969(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 a
temporary regulated area that would
limit access to an approximately 17,000
square yard area of Thompson bay from
10 a.m. to 8 p.m. It is categorically
excluded from further review under
paragraph L61 in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON THE
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.1102T11–0568 to read as
follows
■
§ 100.1102T11–0568 Special Local
Regulation; Lake Havasu City, AZ
(a) Location: The following area is a
special local regulation: all navigable
waters of Thompson Bay shoreward of
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Federal Register / Vol. 84, No. 172 / Thursday, September 5, 2019 / Rules and Regulations
a line connected by the following
points: Beginning at 34°27′55″ N,
114°20′48″ W (Point A); thence running
southerly to 34°27′52″ N, 114°20′49″ W
(Point B); thence running southeasterly
to 34°27′49″ N, 114°20′47″ W (Point C);
thence running southeasterly to
34°27′45″ N, 114°20′43″ W (Point D);
thence running southeasterly to
34°27′40″ N, 114°20′34″ W (Point E)
thence running southeasterly and
ending at 34°27′37″ N, 114°20′27″ W
(Point F).
(b) Effective period. This section is
effective from 10 a.m. to 8 p.m. on
September 14, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
this part, entry into or remaining within
this regulated area is prohibited unless
authorized by the Captain of the Port
Sector San Diego (COTP) or a designated
representative.
(2) Vessels requiring entry into this
regulated area must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 69 or by telephone
at 562–447–0940.
(3) Persons and vessels permitted to
enter this area must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this regulated area
through Local Notice to Mariners.
Dated: August 21, 2019.
D.P. Montoro,
Captain, U.S. Coast Guard, Alternate, Captain
of the Port Sector San Diego.
[FR Doc. 2019–19119 Filed 9–4–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
EPA–HQ–SFUND–1989–0008; FRL–9999–
36–Region 3]
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National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Strasburg Landfill Superfund
Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 3 announces the
deletion of the Strasburg Landfill
Superfund Site (Site) located south and
SUMMARY:
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16:33 Sep 04, 2019
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slightly east of Strasburg Road in
Newlin Township, Chester County,
Pennsylvania from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environment (PADEP, Southeast
Region), have determined that all
appropriate response actions under
CERCLA, other than operation and
maintenance (O&M), monitoring, and
Five-Year Reviews, have been
completed. However, this deletion does
not preclude future actions under
Superfund.
DATES: This action is effective
September 5, 2019.
ADDRESSES:
Docket: EPA has established a docket
for this action under Docket
Identification No. EPA–HQ–SFUND–
1989–0008. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
USEPA Region III Administrative
Records Room, 1650 Arch Street—6th
Floor, Philadelphia, PA 19103–2029,
215–814–3157, Business Hours:
Monday through Friday, 8:00 a.m.–
4:30 p.m.; by appointment only.
Local Repository, Bayard Taylor
Memorial Library, 216 East State
Street, Kennett Square, PA. 19358,
Business Hours: Monday through
Friday, 9:00 a.m.–8:00 p.m.
FOR FURTHER INFORMATION CONTACT:
David Greaves, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region III, 3HS21 1650 Arch St.
Philadelphia, PA. 19103, 215–814–5729,
email greaves.david@epa.gov.
SUPPLEMENTARY INFORMATION: The site to
be deleted from the NPL is: Strasburg
Landfill Superfund Site, Strasburg Road,
Newlin Township, Chester County,
Pennsylvania. A Notice of Intent to
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Delete for this Site was published in the
Federal Register (84 FR 31826) on July
3, 2019.
The closing date for comments on the
Notice of Intent to Delete was August 2,
2019. One public comment was
received. The comment received was a
request for EPA to make publicly
available information on Site cleanup
activities, estimates of future costs
related to Site cleanup, and the actual
costs when cleanup activities are
completed. Since the comment is an
informational request and is not an
adverse comment regarding the deletion
of this Site, EPA still believes this
deletion action is appropriate. A
responsiveness summary was prepared
and placed in both the docket, EPA–
HQ–SFUND–1989–0008, on
www.regulations.gov, and in the local
repositories listed above.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion from the NPL
does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of a site from
the NPL does not affect responsible
party liability in the unlikely event that
future conditions warrant further
actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 13, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Appendix B to Part 300—[Amended]
2. Table 1 of appendix B to part 300
is amended by removing ‘‘PA’’,
■
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Agencies
[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Rules and Regulations]
[Pages 46682-46684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19119]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0568]
RIN 1625-AA08
Special Local Regulation; Lake Havasu City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the Havapalooza 2019 marine event that will be held on
the navigable waters of Lake Havasu, Lake Havasu City, AZ. This action
is necessary to provide for the safety of life on these navigable
waters on Thompson Bay in Lake Havasu during a waterside concert on
September 14, 2019. This rule prohibits spectators from anchoring,
blocking, loitering or transiting through in the event area unless
authorized by the Captain of the Port Sector San Diego or a designated
representative.
DATES: This rule is effective from 10 a.m. to 8 p.m. on September 14,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0568 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Briana Biagas, Coast Guard; telephone 619-278-
7656, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 it is impracticable. The Coast Guard
was not notified of this event's date until June 4, 2019. It is
impracticable to publish an NPRM because we must establish regulated
area by September 14, 2019 and lack sufficient time to provide a
reasonable comment period and consider those comments before issuing
the rule.
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. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to ensure the safety of life on Lake Havasu.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1236). The Captain of the Port Sector San
Diego (COTP) has determined that a large congregation of vessels in
Thompson Bay associated with the Havapalooza 2019 marine event on
September 14, 2019, poses a potential safety concern. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within Thompson Bay while the event is occurring.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from 10
a.m. to 8 p.m. on September 14, 2019. This special local regulation
establishes a spectator area covering all navigable waters of Thompson
Bay shoreward of a line connected by the following points: Beginning at
34[deg]27'55'' N, 114[deg]20'48'' W (Point A); thence running southerly
to 34[deg]27'52'' N, 114[deg]20'49'' W (Point B); thence running
southeasterly to 34[deg]27'49'' N, 114[deg]20'47'' W (Point C); thence
running southeasterly to 34[deg]27'45'' N, 114[deg]20'43'' W (Point D);
thence running southeasterly to 34[deg]27'40'' N, 114[deg]20'34'' W
(Point E) thence running southeasterly and ending at 34[deg]27'37'' N,
114[deg]20'27'' W (Point F). The duration of the regulated area is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled marine event. All non-event
participants would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative.
[[Page 46683]]
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. Vessel
traffic can safely transit around this regulated which would impact a
an approximately 17,000 square yard area of Thompson Bay from 8 a.m. to
10 p.m. Moreover, the Coast Guard would make a post in the Local Notice
to Mariners with details on the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
temporary regulated area may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(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 a temporary regulated area that would
limit access to an approximately 17,000 square yard area of Thompson
bay from 10 a.m. to 8 p.m. It is categorically excluded from further
review under paragraph L61 in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON THE NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.1102T11-0568 to read as follows
Sec. 100.1102T11-0568 Special Local Regulation; Lake Havasu City, AZ
(a) Location: The following area is a special local regulation: all
navigable waters of Thompson Bay shoreward of
[[Page 46684]]
a line connected by the following points: Beginning at 34[deg]27'55''
N, 114[deg]20'48'' W (Point A); thence running southerly to
34[deg]27'52'' N, 114[deg]20'49'' W (Point B); thence running
southeasterly to 34[deg]27'49'' N, 114[deg]20'47'' W (Point C); thence
running southeasterly to 34[deg]27'45'' N, 114[deg]20'43'' W (Point D);
thence running southeasterly to 34[deg]27'40'' N, 114[deg]20'34'' W
(Point E) thence running southeasterly and ending at 34[deg]27'37'' N,
114[deg]20'27'' W (Point F).
(b) Effective period. This section is effective from 10 a.m. to 8
p.m. on September 14, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into or remaining within this
regulated area is prohibited unless authorized by the Captain of the
Port Sector San Diego (COTP) or a designated representative.
(2) Vessels requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 69 or by telephone at 562-447-0940.
(3) Persons and vessels permitted to enter this area must transit
at their slowest safe speed and comply with all lawful directions
issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
regulated area through Local Notice to Mariners.
Dated: August 21, 2019.
D.P. Montoro,
Captain, U.S. Coast Guard, Alternate, Captain of the Port Sector San
Diego.
[FR Doc. 2019-19119 Filed 9-4-19; 8:45 am]
BILLING CODE 9110-04-P