[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71493-71495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28583]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0917]
RIN 1625-AA00


Special Local Regulation; Lake Havasu City Christmas Boat Parade 
of Lights; Colorado River; Lake Havasu, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the dates for the 
special local regulation in support of the Lake Havasu City Christmas 
Boat Parade of Lights on the Colorado River. This modification is 
necessary to reflect the actual dates of the event for this year which 
are December 6th and December 7th, 2013. Additionally, this temporary 
final rule adds a third evening, December 14th, 2013. This rule 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 zone unless authorized by 
the Captain of the Port, or his designated representative.

DATES: This rule is effective from 5 p.m. to 9 p.m. on December 6th, 
December 7th, and December 14th, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0917]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S. 
Coast Guard Sector San Diego; telephone (619) 278-7656, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 logistical details pertaining to this 
year's dates were not known by the Coast Guard in time to publish an 
NPRM and wait for the comment period to run.
    Immediate action is needed to ensure the special local regulations 
listed in 33 CFR 100.1102 (table 1, item 10) will be in effect on the 
actual dates of the event, which are December 6th, December 7th, and 
December 14th, 2013.
    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. Any delay 
in the effective date of this rule would be contrary to the public 
interest, because immediate action is necessary to protect the parade 
vessels from the dangers associated with non participant vessels 
transiting the event area.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a 
special local regulation are found in 33 U.S.C. 1233, which authorize 
the Coast Guard to establish and define special local regulations.
    This temporary final rule and notice of enforcement will protect 
the participating vessels over the three evenings in December in a 
marine event sponsored by the London Bridge Yacht Club.
    The annual Lake Havasu City Christmas Boat Parade of Lights will 
involve fifty vessels in Lake Havasu, AZ transiting Thompson Bay, 
proceeding through Bridgewater Channel, circling in front of Windsor 
Beach and returning through Bridgewater Channel. The regulated zone 
will encompass the navigable waters in the northern portion of Thompson 
Bay, the Bridgewater Channel, and waters off Windsor Beach. Vessel 
participants will be traveling in a parade line that will affect normal 
traffic patterns. In addition, event participants will be utilizing 
additional holiday lighting that will obscure or confuse required 
normal Navigation Lights and increase the dangers associated with non 
participating vessels transiting the area.
    This temporary special local regulation is necessary to prevent 
vessels from transiting the area and to protect the participating 
vessels and passengers from potential damage and injury.

C. Discussion of the Final Rule

    The Coast Guard is changing the dates of the special local 
regulation currently listed in 33 CFR 100.1102 (table 1, item 10). This 
change differs from the existing regulation by specifying that the 
event will be held on December 6, December 7 and December 14, 2013, 
instead of the first weekend in December. The special local regulations 
for the Lake Havasu City Christmas Boat Parade of Lights will be 
enforced from 5 p.m. to 9 p.m. on Friday, December 6,

[[Page 71494]]

2013; Saturday, December 7, 2013 and Saturday December 14, 2013. The 
special local regulation zone will encompass the waters in the northern 
portion of Thompson Bay, the Bridgewater Channel, and waters off 
Windsor Beach. The zone is necessary to provide for the safety of the 
spectators, participants, and other vessels and users of the waterway. 
Persons and vessels are prohibited from entering into, transiting 
through, or anchoring within this zone unless authorized by the Captain 
of the Port, or his designated representative. Persons or vessels 
requiring entry into or passage through the special local regulation 
must request permission from the Captain of the Port, or his designated 
representative. 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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary. This determination is based on the size and 
location of the zone. Commercial vessels will not be hindered by the 
zone. Recreational vessels will not be allowed to transit through the 
designated zone during the specified times.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in the impacted portion of Lake Havasu 
from 5 p.m. to 9 p.m. on December 6, 7, and 14, 2013.
    These special local regulations will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. This rule will be enforced only in the evening when 
vessel traffic is low. 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 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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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 will not call for a 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 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 determined 
that this rule 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 (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.

8. Taking of Private Property

    This rule will not cause 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

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations

[[Page 71495]]

That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    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 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 establishing a special local 
regulation, upon the navigable waters of Lake Havasu. This rule is 
categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the U.S. 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: 33 U.S.C. 1233.


0
2. Suspend item 10 in Table 1 of Sec.  100.1102.

0
3. Add Sec.  100.T11-607 to read as follows:


Sec.  100.T11-607  Special Local Regulation; Lake Havasu City Christmas 
Boat Parade of Lights; Colorado River; Lake Havasu, AZ.

    (a) Location. The following area is a special local regulation: The 
waters in the northern portion of Thompson Bay, the Bridgewater 
Channel, and waters off Windsor Beach.
    (b) Enforcement Period. This section will be enforced from 5 p.m. 
to 9 p.m. on December 6, 7, and 14, 2013.
    (c) Definitions. The following definition applies to this section: 
designated representative, means any commissioned, warrant, and petty 
officers 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) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port of San Diego or his designated 
on-scene representative.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel or 
designated law enforcement representatives by siren, radio, flashing 
light or other means, the operator of a vessel shall proceed as 
directed.
    (4) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: November 6, 2013.
S. M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-28583 Filed 11-27-13; 8:45 am]
BILLING CODE 9110-04-P