Special Local Regulation; Lake Havasu, Lake Havasu City, AZ, 12588-12590 [2022-04703]
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Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations
same legal burdens of proof specified in
§ 1989.109.
(c) Within seven days after filing a
complaint in federal court, a
complainant must file with OSHA, the
ALJ, or the ARB, depending on where
the proceeding is pending, a copy of the
file-stamped complaint. A copy of the
complaint also must be served on the
OSHA official who issued the findings
and/or preliminary order, the Assistant
Secretary, and the Associate Solicitor,
Division of Fair Labor Standards, U.S.
Department of Labor.
§ 1989.115
of rules.
Special circumstances; waiver
In special circumstances not
contemplated by the provisions of these
rules, or for good cause shown, the ALJ
or the ARB on review may, upon
application, and after three days’ notice
to all parties, waive any rule or issue
such orders that justice or the
administration of TFA requires.
[FR Doc. 2022–04238 Filed 3–4–22; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2022–0032]
RIN 1625–AA08
Special Local Regulation; Lake
Havasu, Lake Havasu City, AZ
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation (SLR) in the navigable waters
of Lake Havasu, Arizona during the
Lake Havasu Triathlon marine event.
This regulation is necessary to provide
for the safety of the participants, crew,
spectators, sponsor vessels, and general
users of the waterway during the event,
which will be held on March 19, 2022.
This special local regulation will
temporarily prohibit persons and
vessels from entering into, transiting
through, anchoring, blocking, or
loitering within the event area unless
authorized by the Captain of the Port
San Diego or a designated
representative.
DATES: This rule is effective from 8 a.m.
to 9 a.m. on March 19, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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17:01 Mar 04, 2022
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0032 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander John
Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
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. We must establish this
special local regulation by March 19,
2022. Therefore, it is impracticable to
publish an NPRM because we lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
This regulation is necessary to ensure
the safety of life on the navigable waters
of Lake Havasu during the marine event.
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 public
interest because action is needed to
ensure the safety of life on the navigable
waters of Lake Havasu during the
marine event on March 19, 2022.
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 the large
number of swimmers associated with
the Lake Havasu Triathlon marine event
on March 19, 2022, poses a potential
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safety concern in the regulated area.
This rule is needed to protect persons,
vessels, and the marine environment in
the navigable waters of Lake Havasu
during the marine event.
IV. Discussion of Comments, Changes,
and the Rule
This rule establishes a special local
regulation from 8 a.m. to 9 a.m. on
March 19, 2022. This special local
regulation will cover all navigable
waters, from surface to bottom, on a predetermined course within Lake Havasu,
Arizona beginning at the starting point
of the event at Lake Havasu State Park
South Beach and proceeding south to
the southern entrance to the
Bridgewater Channel. The duration of
the temporary special local regulation is
intended to ensure the safety of
participants, vessels, and the marine
environment in these navigable waters
during the scheduled marine event. No
vessel or person will be permitted to
enter the regulated area without
obtaining permission from the COTP or
a designated representative. The
regulatory text provides information on
how to contact the COTP or a
designated representative for permission
to transit the area. When in the
regulated area, persons must comply
with all lawful orders or directions
given to them by the COTP or
designated representative. Additionally,
the COTP will provide notice of the
regulated area through advanced notice
via Local Notice to Mariners or by onscene designated representatives.
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.
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).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated area.
The affected portion of the navigable
waterway in Lake Havasu will be of very
limited duration, and is necessary for
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07MRR1
Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations
safety of life of participants in the
marine event. Moreover, the Coast
Guard will issue a Local Notice to
Mariners about the regulated area.
khammond on DSKJM1Z7X2PROD with RULES
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 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,
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17:01 Mar 04, 2022
Jkt 256001
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.
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, Rev. 1, associated
implementing instructions, 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 special local regulation that
will limit access to certain areas within
Lake Havasu, from 8 a.m. until 9 a.m.
on March 19, 2022. It is categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1.
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
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12589
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, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
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.
PART 100—SAFETY OF LIFE ON
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.T11–090 to read as
follows:
■
§ 100.T11–090 Lake Havasu Triathlon,
Lake Havasu, Arizona.
(a) Regulated area. The regulations in
this section apply to the following area:
All navigable waters, from surface to
bottom, on a pre-determined course
within Lake Havasu, Arizona beginning
at the starting point of the event at Lake
Havasu State Park South Beach and
proceeding south to the southern
entrance to the Bridgewater Channel.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port San Diego
(COTP) in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participants in the marine
event.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port San Diego or their designated
representative.
(2) To seek permission to enter,
contact the the COTP or a designated
representative. They may be contacted
by telephone at 619–278–7033. Those in
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Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Rules and Regulations
the regulated area must comply with all
lawful orders or directions given to
them by the COTP or designated
representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via Local Notice to Mariners or
by on-scene designated representatives.
(d) Enforcement period. This section
will be enforced from 8 a.m. until 9
a.m., on March 19, 2022.
Dated: March 1, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2022–04703 Filed 3–4–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0060]
Safety Zone, Brandon Road Lock and
Dam to Lake Michigan Including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, and
Calumet-Saganashkee Channel,
Chicago, IL
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a segment of the Safety Zone, Brandon
Road Lock and Dam to Lake Michigan
including Des Plaines River, Chicago
Sanitary and Ship Canal, Chicago River,
Calumet-Saganashkee Channel, Chicago,
IL, on all waters of the Chicago River
(Main Branch) between the N Columbus
Drive Bridge and the Franklin-Orleans
Street Bridge for the Chicago St.
Patrick’s Day Parade Dyeing of the
River. This action is intended to protect
personnel, vessels, and the marine
environment from potential hazards
created by the event. During the
enforcement period listed below, entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan or a designated
representative.
SUMMARY:
The regulation in 33 CFR
165.930 will be enforced from 9:30 a.m.
through 11:30 a.m. on March 12, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT James L.
Fortin, Waterways Management
Division, Marine Safety Unit Chicago,
U.S. Coast Guard; telephone: (630) 986–
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DATES:
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2155, email: D09-DG-MSUChicagoWaterways@uscg.mil.
The Coast
Guard will enforce a segment of the
Safety Zone, Brandon Road Lock and
Dam to Lake Michigan including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL,
listed in 33 CFR 165.930 on all waters
of the Chicago River (Main Branch)
between the N Columbus Drive Bridge
and the Franklin-Orleans Street Bridge
for the Chicago St. Patrick’s Day Parade
Dyeing of the River. This safety zone
will be enforced from 9:30 a.m. through
11:30 a.m. on March 12, 2022.
Pursuant to 33 CFR 165.930, all
vessels must obtain permission from the
Captain of the Port Lake Michigan, or
his or her designated on-scene
representative to enter, move within, or
exit this safety zone during the
enforcement times listed in this notice
of enforcement. The designation of the
Captain of the Port Lake Michigan’s onscene representative need not be in
writing. Requests must be made in
advance and approved by the Captain of
the Port or a designated on-scene
representative before transits will be
authorized. Approvals will be granted
on a case-by-case basis. Vessels and
persons granted permission to enter the
safety zone shall obey all lawful orders
or directions of the Captain of the Port
Lake Michigan or a designated on-scene
representative.
This notice of enforcement is issued
under the authority of 33 CFR 165.930,
Safety Zone, Brandon Road Lock and
Dam to Lake Michigan including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, and
5 U.S.C. 552(a). In addition to this
notification of enforcement in the
Federal Register, the Coast Guard will
provide the maritime community with
notification of this enforcement period
via Broadcast Notice to Mariners. The
Captain of the Port Lake Michigan or a
designated on-scene representative may
be contacted via VHF–FM Channel 16 or
(414) 747–7182.
SUPPLEMENTARY INFORMATION:
Dated: February 28, 2022.
Donald P. Montoro,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2022–04780 Filed 3–4–22; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF TRANSPORTATION
Great Lakes St. Lawrence Seaway
Development Corporation
33 CFR Part 401
RIN 2135–AA51
Seaway Regulations and Rules:
Periodic Update, Various Categories
Great Lakes St. Lawrence
Seaway Development Corporation, DOT.
ACTION: Final rule.
AGENCY:
The Great Lakes St. Lawrence
Seaway Development Corporation (GLS)
and the St. Lawrence Seaway
Management Corporation (SLSMC) of
Canada, under international agreement,
jointly publish and presently administer
the St. Lawrence Seaway Regulations
and Rules (Practices and Procedures in
Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the
GLS is amending the joint regulations
by updating the Regulations and Rules
in various categories. The changes
update the following sections of the
Regulations and Rules: Condition of
Vessels; Seaway Navigation; and,
Dangerous Cargo. These changes are to
clarify existing requirements in the
regulations.
DATES: This rule is effective on March
21, 2022.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to https://
www.Regulations.gov; or in person at
the Docket Management Facility; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Carrie Mann Lavigne, Chief Counsel,
Great Lakes St. Lawrence Seaway
Development Corporation, 180 Andrews
Street, Massena, New York 13662; 315/
764–3200.
SUPPLEMENTARY INFORMATION: The Great
Lakes St. Lawrence Seaway
Development Corporation (GLS) and the
St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Regulations and
Rules (Practices and Procedures in
Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the
GLS is amending the joint regulations
by updating the Regulations and Rules
in various categories. The changes
update the following sections of the
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12588-12590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04703]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0032]
RIN 1625-AA08
Special Local Regulation; Lake Havasu, Lake Havasu City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) in the navigable waters of Lake Havasu, Arizona during
the Lake Havasu Triathlon marine event. This regulation is necessary to
provide for the safety of the participants, crew, spectators, sponsor
vessels, and general users of the waterway during the event, which will
be held on March 19, 2022. This special local regulation will
temporarily prohibit persons and vessels from entering into, transiting
through, anchoring, blocking, or loitering within the event area unless
authorized by the Captain of the Port San Diego or a designated
representative.
DATES: This rule is effective from 8 a.m. to 9 a.m. on March 19, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0032 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA; 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. We must
establish this special local regulation by March 19, 2022. Therefore,
it is impracticable to publish an NPRM because we lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing the rule. This regulation is necessary to ensure the
safety of life on the navigable waters of Lake Havasu during the marine
event.
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 public interest because action is needed
to ensure the safety of life on the navigable waters of Lake Havasu
during the marine event on March 19, 2022.
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 the large number of swimmers
associated with the Lake Havasu Triathlon marine event on March 19,
2022, poses a potential safety concern in the regulated area. This rule
is needed to protect persons, vessels, and the marine environment in
the navigable waters of Lake Havasu during the marine event.
IV. Discussion of Comments, Changes, and the Rule
This rule establishes a special local regulation from 8 a.m. to 9
a.m. on March 19, 2022. This special local regulation will cover all
navigable waters, from surface to bottom, on a pre-determined course
within Lake Havasu, Arizona beginning at the starting point of the
event at Lake Havasu State Park South Beach and proceeding south to the
southern entrance to the Bridgewater Channel. The duration of the
temporary special local regulation is intended to ensure the safety of
participants, vessels, and the marine environment in these navigable
waters during the scheduled marine event. No vessel or person will be
permitted to enter the regulated area without obtaining permission from
the COTP or a designated representative. The regulatory text provides
information on how to contact the COTP or a designated representative
for permission to transit the area. When in the regulated area, persons
must comply with all lawful orders or directions given to them by the
COTP or designated representative. Additionally, the COTP will provide
notice of the regulated area through advanced notice via Local Notice
to Mariners or by on-scene designated representatives.
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. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. The affected
portion of the navigable waterway in Lake Havasu will be of very
limited duration, and is necessary for
[[Page 12589]]
safety of life of participants in the marine event. Moreover, the Coast
Guard will issue a Local Notice to Mariners about 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
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.
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, Rev. 1, associated implementing instructions, 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 special local regulation that will limit access to certain
areas within Lake Havasu, from 8 a.m. until 9 a.m. on March 19, 2022.
It is categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON 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.
PART 100--SAFETY OF LIFE ON 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.T11-090 to read as follows:
Sec. 100.T11-090 Lake Havasu Triathlon, Lake Havasu, Arizona.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters, from surface to bottom, on a pre-
determined course within Lake Havasu, Arizona beginning at the starting
point of the event at Lake Havasu State Park South Beach and proceeding
south to the southern entrance to the Bridgewater Channel.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port San Diego (COTP) in
the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the marine event.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port San Diego or their designated
representative.
(2) To seek permission to enter, contact the the COTP or a
designated representative. They may be contacted by telephone at 619-
278-7033. Those in
[[Page 12590]]
the regulated area must comply with all lawful orders or directions
given to them by the COTP or designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via Local Notice to Mariners or by on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 9 a.m., on March 19, 2022.
Dated: March 1, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2022-04703 Filed 3-4-22; 8:45 am]
BILLING CODE 9110-04-P
