[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17097-17099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06442]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0023]
RIN 1625-AA00


Safety Zone; Lake Havasu Triathlon; Lake Havasu City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the navigable waters of Lake Havasu and the London Bridge Channel for 
the Lake Havasu Triathlon. This temporary safety zone is necessary to 
provide safety for the swimmers, crew, rescue personnel, and other 
users of the waterway. Persons and vessels are prohibited from entering 
into, transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port or his designated representative.

DATES: This rule is effective from 6 a.m. until 10 a.m. on March 23, 
2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0023 and are available online 
by going to http://www.regulations.gov, inserting USCG-2013-0023 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Petty Officer Bryan Gollogly, Waterways 
Management, U.S. Coast Guard Sector San Diego; Coast Guard; telephone 
619-278-7656, email [email protected]. If you have 
questions on viewing the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because delay would be impracticable. The 
Coast Guard did not receive the necessary information from the event 
sponsor until recently and the sponsor is anticipating this event 
taking place as scheduled. Because of these time constraints, it is 
impracticable that the Coast Guard issue an NPRM. Immediate action is 
necessary to ensure the safety of vessels, spectators, participants, 
and others in the vicinity of the marine event on the date and times 
this rule will be in effect.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, 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 would be impracticable and contrary to the public 
interest, since immediate action is needed to ensure the public's 
safety and the Coast Guard was provided with information regarding this 
event with insufficient time to delay the effective date.

B. Basis and Purpose

    The Havasu Triathlon will consist of 600 participants. The 
waterside swim course consists of 1500 meters in Lake Havasu and the 
London Bridge Channel. The course requires a safety zone while the 
swimmers are on the course, thus restricting vessel traffic within the 
north London Bridge Channel and a small portion of Lake Havasu for four 
hours. There will be four safety vessels provided by the sponsor to 
enforce the safety zone. Before the effective period, the Coast Guard 
will publish a Local Notice to Mariners (LNM).

C. Discussion of Rule

    The Coast Guard is establishing a safety zone that will be 
effective from 6 a.m. until 10 a.m. on March 23, 2013. The limits of 
the safety zone will include the portion of the London Bridge Channel 
north of the London Bridge and all navigable waters of Lake Havasu 
encompassed by the following coordinates; 34[deg]28'40'' N, 
114[deg]21'43'' W, 34[deg]28'19'' N, 114[deg]21'42'' W, 34[deg]28'39'' 
N, 114[deg]21'19'' W, 34[deg]28'20'' N, 114[deg]20'49'' W and 
34[deg]28'16'' N, 114[deg]20'54'' W
    The safety zone is necessary to provide for the safety of swimmers, 
crew, rescue personnel, and other users of the waterway. Persons and 
vessels will be prohibited from entering into, transiting through, or 
anchoring within the safety zone unless authorized by the Captain of 
the Port, or his designated representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The safety zone is of a 
limited duration, four hours, and is limited to a relatively small 
geographic area.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners and operators of pleasure craft engaged in 
recreational activities and sightseeing.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic will be restricted for a limited period of only two hours early 
in the day when traffic is light. Before the effective period, the 
Coast Guard will publish a Local Notice to Mariners (LNM).

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in

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understanding the rule so that they can better evaluate its effects on 
them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishment of a 
safety zone.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T11-474 to read as follows:


Sec.  165.T11-474  Safety Zone; Lake Havasu Triathlon; Lake Havasu 
City, AZ.

    (a) Location. The limits of the safety zone will include the 
portion of the London Bridge Channel north of the London Bridge and all 
navigable waters of Lake Havasu encompassed by the following 
coordinates; 34[deg]28'40'' N, 114[deg]21'43'' W, 34[deg]28'19'' N, 
114[deg]21'42'' W, 34[deg]28'39'' N, 114[deg]21'19'' W, 34[deg]28'20'' 
N, 114[deg]20'49'' W and 34[deg]28'16'' N, 114[deg]20'54'' W.
    (b) Effective Period. This section will be effective from 6 a.m. 
until 10 a.m. on March 23, 2013. Before the effective

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period, the Coast Guard will publish a Local Notice to Mariners (LNM).
    (c) Definitions. The following definition applies to this section: 
designated representative means any commissioned, warrant, or petty 
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, 
and local, state, and federal law enforcement vessels who have been 
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port of San Diego or his designated representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from local law enforcement. 
Local law enforcement may be contacted on VHF marine Channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing a light, or other means, the operator of a 
vessel shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: March 6, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2013-06442 Filed 3-19-13; 8:45 am]
BILLING CODE 9110-04-P