Special Local Regulation; Lake Havasu, Lake Havasu City, AZ, 85496-85498 [2023-27038]
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85496
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
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The Commission now terminates its
review of the Care Labeling Rule, 16
CFR part 423, which has been inactive
since 2021. The Commission started this
review on July 13, 2011, by publishing
an advance notice of proposed
rulemaking (‘‘ANPR’’) seeking comment
on the economic impact of, and the
continuing need for, the Rule; the
benefits of the Rule to consumers; and
any burdens it places on businesses.2
The Commission also sought comment
on proposed amendments.3
In response to comments to the
ANPR, the Commission published a
notice of proposed rulemaking
(‘‘NPRM’’) 4 in 2012, in which it
proposed amending the Rule to: (1)
permit manufacturers and importers to
provide a care instruction for
professional wetcleaning on labels if the
garment can be professionally
wetcleaned; (2) permit manufacturers
and importers to use the symbol system
set forth in either ASTM Standard
D5489–07, ‘‘Standard Guide for Care
Symbols for Care Instructions on Textile
Products,’’ or ISO 3758:2005(E),
‘‘Textiles—Care labelling code using
symbols’’; (3) clarify what constitutes a
reasonable basis for care instructions;
and (4) update the definition of
‘‘dryclean’’ to reflect then-current
practices and technology.5
After analyzing the substantial record,
including comments to the NPRM, in
2020, the Commission published a
supplemental notice of proposed
rulemaking (‘‘SNPRM’’) 6 proposing to
repeal the Rule. Specifically, the
Commission stated that the record
suggests the Rule may not be necessary
to ensure manufacturers provide care
instructions, may have failed to keep up
with a dynamic marketplace, and may
negatively affect the development of
new technologies and disclosures.7
2 76 FR 41148 (July 13, 2011) (https://
www.ftc.gov/sites/default/files/documents/federal_
register_notices/16-cfr-part-423-care-labelingtextile-wearing-apparel-and-certain-piece-goodsamended-advance-notice/110707carelabelfrn.pdf).
3 The Commission solicited comment on whether
it should modify the Rule’s provision permitting the
use of care symbols, and whether it should amend
the Rule to address the disclosure of care
instructions in languages other than English and the
practice of professional wetcleaning. Id.
4 77 FR 58338 (Sept. 20, 2012) (https://
www.ftc.gov/sites/default/files/documents/federal_
register_notices/trade-regulation-rule-care-labelingtextile-wearing-apparel-and-certain-piece-goodsnotice-proposed/120911carelabelingfrn.pdf).
5 Id.
6 85 FR 44485 (July 23, 2020) (https://
www.regulations.gov/document/FTC-2020-00580001).
7 https://www.regulations.gov/document/FTC2020-0058-0001.
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The Commission, however, received
little support for repealing the Rule.8
Many commenters argued that if the
Commission were to repeal the Rule,
cost savings would motivate
manufacturers to avoid providing care
instructions. Additionally, numerous
cleaners commented that care
instructions were critical to enable
cleaners to avoid damaging customers’
garments. Therefore, on July 21, 2021,
the Commission published a statement
that it determined not to finalize the
proposed repeal.9 The Commission now
terminates its review of that Rule.
Authority: 15 U.S.C. 41 through 58.
By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2023–26966 Filed 12–7–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0886]
RIN 1625–AA08
Special Local Regulation; Lake
Havasu, Lake Havasu City, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for the 2023 Lake Havasu City Christmas
Parade of Lights that will be held on the
navigable waters of Lake Havasu, AZ.
This action is necessary to provide for
the safety of life on these navigable
waters of Lake Havasu during a vessel
parade. This rule would prohibit
spectators from anchoring, blocking,
loitering, or transiting through the event
area unless authorized by the Captain of
the Port San Diego or a designated
representative.
DATES: This rule is effective from 5 p.m.
through 9 p.m. on December 9, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0886 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
8 Comments at https://www.regulations.gov/
document/FTC-2020-0058-0001/comment.
9 https://www.ftc.gov/system/files/documents/
public_statements/1592326/r511915care
labelingrepealstatement.pdf.
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If
you have questions on this rule, call or
email Lieutenant Junior Grade Shelley
Turner, Waterways Management, U.S.
Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 we
must establish this special local
regulation by December 9, 2023. The
Coast Guard did not receive final details
regarding the parade route until October
18, 2023. As such, 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 immediate action is
needed to ensure the safety of life on the
navigable waters of Lake Havasu during
the marine event on December 9, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector San Diego
(COTP) has determined that the large
presence of vessels in Lake Havasu
associated with the 2023 Lake Havasu
City Christmas Parade of Lights on
December 9, 2023, poses a potential
safety concern. This rule is needed to
protect persons, vessels, and the marine
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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
environment in the navigable waters
within Lake Havasu while the event is
occurring.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 5 p.m. until 9 p.m. on
December 9, 2023. The special local
regulation will cover all navigable
waters encompassing the parade route
on a pre-determined course through
North Lake Havasu, Bridgewater
Channel, and Thompson Bay. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the bridge is being
repaired. No vessel or person will be
permitted to enter the special local
regulation without obtaining permission
from the COTP or a designated
representative.
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.
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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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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 Lake Havasu
will be of very limited duration, during
evening hours when vessel traffic is
historically low, and is necessary for
safety of life to participants in the event.
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
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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 special
local regulation 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,
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85497
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
special local regulation lasting only 4
hours that will prohibit entry into a predetermined course for a vessel parade.
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
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 100 as follows:
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85498
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 100
continues to read as follows:
Coast Guard
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
[Docket No. USCG–2023–0842]
2. Add § 100.T1199–0137 to read as
follows:
RIN 1625–AA09
■
§ 100.T1199–0137 2023 Lake Havasu City
Christmas Parade of Lights, Lake Havasu,
Arizona.
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33 CFR Part 117
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of Lake Havasu, from surface
to bottom, on a predetermined parade
route starting in Thompson Bay,
proceeding north through the
Bridgewater Channel, turning around in
North Lake Havasu, proceeding south
back through the Bridgewater Channel,
and returning to the starting point of the
parade in Thompson Bay.
(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 Sector San Diego
(COTP) in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as participants in the parade.
(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 Sector San Diego or their
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by calling (619) 278–
7000. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via local notice to mariners.
(d) Enforcement period. This section
will be enforced from 5 p.m. to 9 p.m.
on December 9, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2023–27038 Filed 12–7–23; 8:45 am]
BILLING CODE 9110–04–P
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Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway,
Addison Point, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the John F. Kennedy
Space Center Bridge (NASA Causeway),
across the Atlantic Intracoastal
Waterway (Indian River), mile 885, at
Addison Point, FL. The drawbridge was
replaced with a fixed bridge in 2023 and
the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective December 8,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number (USCG–2023–0842) in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’. In
the Document Type column, select
‘‘Supporting & Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Leonard Newsom, Coast
Guard; telephone 305–415–6946, email
Leonard.D.Newsom@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
553(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
unnecessary. The John F. Kennedy
Space Center Bridge, that once required
the draw operations in 33 CFR
117.261(l), was removed from the
Atlantic Intracoastal Waterway (Indian
River) and replaced with a fixed bridge
in 2023. Therefore, the regulation is no
longer applicable and shall be removed
from publication. It is unnecessary to
publish an NPRM because this
regulatory action does not purport to
place any restrictions on mariners but
rather removes a restriction that has no
use or value because the new bridge
does not open.
We are issuing this rule under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this
rule effective in less than 30 days after
publication in the Federal Register. The
bridge has been removed from the
waterway and this rule merely requires
an administrative change to the Federal
Register, in order to omit a regulatory
requirement that is no longer applicable
or necessary. The modification has
already taken place and the removal of
the regulation will not affect mariners
currently operating on this waterway.
Therefore, a delayed effective date is
unnecessary.
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
FL Florida
AICW Atlantic Intracoastal Waterway
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The John F. Kennedy Space Center
bridge was removed and replaced with
a fixed bridge in 2023. The elimination
of this drawbridge necessitates the
removal of the drawbridge operation
regulation, 33 CFR 117.261(l), that
pertain to the former drawbridge.
The purpose of this rule is to remove
the paragraph of 33 CFR 117.261(l) that
refers to the John F. Kennedy Space
Center Bridge, across the Atlantic
Intracoastal Waterway (Indian River) at
mile 885, from the Code of Federal
Regulations since it governs a bridge
that is no longer able to be opened.
II. Background Information and
Regulatory History
The Coast Guard is issuing this 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.
IV. Discussion of Final Rule
The Coast Guard is changing the
regulation in 33 CFR 117.261 by
removing restrictions and the regulatory
burden related to draw operations for a
bridge that is no longer a drawbridge.
The change removes § 117.261(l) of the
regulation governing the John F.
Kennedy Space Center Bridge since the
bridge has been removed from the
waterway and replaced with a fixed
bridge. This final rule seeks to update
the CFR by removing language that
governs the operation of the John F.
I. Table of Abbreviations
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]]>Agencies
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85496-85498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27038]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0886]
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 special local regulation for
the 2023 Lake Havasu City Christmas Parade of Lights that will be held
on the navigable waters of Lake Havasu, AZ. This action is necessary to
provide for the safety of life on these navigable waters of Lake Havasu
during a vessel parade. This rule would prohibit spectators from
anchoring, blocking, loitering, or transiting through the event area
unless authorized by the Captain of the Port San Diego or a designated
representative.
DATES: This rule is effective from 5 p.m. through 9 p.m. on December 9,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0886 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 Junior Grade Shelley Turner, 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 we must establish this special local
regulation by December 9, 2023. The Coast Guard did not receive final
details regarding the parade route until October 18, 2023. As such, 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 immediate action
is needed to ensure the safety of life on the navigable waters of Lake
Havasu during the marine event on December 9, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Diego (COTP) has determined
that the large presence of vessels in Lake Havasu associated with the
2023 Lake Havasu City Christmas Parade of Lights on December 9, 2023,
poses a potential safety concern. This rule is needed to protect
persons, vessels, and the marine
[[Page 85497]]
environment in the navigable waters within Lake Havasu while the event
is occurring.
IV. Discussion of the Rule
This rule establishes a special local regulation from 5 p.m. until
9 p.m. on December 9, 2023. The special local regulation will cover all
navigable waters encompassing the parade route on a pre-determined
course through North Lake Havasu, Bridgewater Channel, and Thompson
Bay. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters while the
bridge is being repaired. No vessel or person will be permitted to
enter the special local regulation without obtaining permission from
the COTP or a designated representative.
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 Lake Havasu will be of very limited duration, during evening
hours when vessel traffic is historically low, and is necessary for
safety of life to participants in the event. 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
special local regulation 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
special local regulation lasting only 4 hours that will prohibit entry
into a pre-determined course for a vessel parade. 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
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 100 as follows:
[[Page 85498]]
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.T1199-0137 to read as follows:
Sec. 100.T1199-0137 2023 Lake Havasu City Christmas Parade of
Lights, Lake Havasu, Arizona.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of Lake Havasu, from surface to bottom, on a
predetermined parade route starting in Thompson Bay, proceeding north
through the Bridgewater Channel, turning around in North Lake Havasu,
proceeding south back through the Bridgewater Channel, and returning to
the starting point of the parade in Thompson Bay.
(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 Sector San Diego
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as participants in the parade.
(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 Sector San Diego or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by calling (619) 278-7000. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners.
(d) Enforcement period. This section will be enforced from 5 p.m.
to 9 p.m. on December 9, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-27038 Filed 12-7-23; 8:45 am]
BILLING CODE 9110-04-P
