[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17099-17102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06443]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0058]
RIN 1625-AA00


Safety Zone; BWRC Southwest Showdown 2, Parker, 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 Lake Moolvalya region of the navigable waters of the Colorado River 
in Parker, Arizona for the Blue Water Resort and Casino Southwest 
Showdown. This temporary safety zone is necessary to provide for the 
safety of the participants, crew, spectators, participating vessels, 
and other vessels and 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 9 a.m. on March 22, 2013, until 6 
p.m. on March 24, 2013. This rule will be enforced from 9 a.m. until 6 
p.m. on March 22, 23, and 24, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0058 and are available online 
by going to http://www.regulations.gov, inserting USCG-2013-0058 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

[[Page 17100]]

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 History

    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 it 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 dates 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 Arizona Drag Boat Association is sponsoring the Blue Water 
Resort and Casino Southwest Showdown 2, which is held on the Lake 
Moolvalya region of the Colorado River in Parker, Arizona. This 
temporary safety zone is necessary to provide for the safety of the 
participants, crew, spectators, sponsor vessels, and other vessels and 
users of the waterway. This event involves powerboats transiting at 
high rate of speed along a 1000 foot straightaway. The size of the 
boats varies from 16 to 20 feet in length. Approximately 80 boats will 
be participating in this event. The sponsor will provide seven patrol 
and rescue boats and three river closure boats to help facilitate the 
event and ensure public safety.

C. Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced 
from 9 a.m. to 6 p.m. on March 22, 2013, March 23, 2013, and March 24, 
2013. This safety zone is necessary to provide for the safety of the 
crews, spectators, participants, and other vessels and users of the 
waterway. Persons and vessels will be prohibited from entering into, 
transiting through, or anchoring with this safety zone unless 
authorized by the Captain of the Port, or his designated 
representative. This temporary safety zone includes the waters of the 
Colorado River between Headgate Dam and 0.5 miles north of the Blue 
Water Marina in Parker, Arizona. Before the effective period, the Coast 
Guard will publish a Local Notice to Mariners (LNM).

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. This determination is based 
on the size and location of the safety zone. Commercial vessels will 
not be hindered by the safety zone. Recreational vessels may transit 
through the established safety zone if authorized to do so by the 
Captain of the Port or his designated representative.

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 might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Colorado River from 9 a.m. to 6 
p.m. on March 22, 2013 through March 24, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. 
Although the safety zone would apply to the entire width of the river, 
traffic would be allowed to pass through the zone with the permission 
of the Coast Guard patrol commander. 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 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,

[[Page 17101]]

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 
INTFORMATION 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 the 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 Sec.  165.T11-486 to read as follows:


Sec.  165.T11-486  Safety zone; BWRC Southwest Showdown 2, Parker, AZ.

    (a) Location. This temporary safety zone includes the waters of the 
Colorado River between Headgate Dam and 0.5 miles north of the Blue 
Water Marina in Parker, Arizona.
    (b) Enforcement Period. This section is effective from 9 a.m. on 
March 22, 2013, until 6 p.m. on March 24, 2013. It will be enforced 
from 9 a.m. to 6 p.m. each day (March 22, 23 and 24, 2013). Before the 
effective period, the Coast Guard will publish a Local Notice to 
Mariners (LNM). If the event concludes prior to the scheduled 
termination time, the Captain of the Port will cease enforcement of 
this safety zone and will announce that fact via Broadcast Notice to 
Mariners.
    (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 the Patrol Commander. The 
Patrol Commander may be contacted at (619)454-9057.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.

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    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing 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,
Commander, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-06443 Filed 3-19-13; 8:45 am]
BILLING CODE 9110-04-P