[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21629-21631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08788]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0058]
RIN 1625-AA00


Safety Zone; Lucas Oil Drag Boats Racing Series; 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 on the 
navigable waters of Colorado River in Lake Havasu, AZ for the Lucas Oil 
Drag Boats Racing Series from May 2, 2014 through May 4, 2014. The 
safety zone would be in effect from 7 a.m. to 7 p.m. daily during this 
timeframe. 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 would 
be 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 7 a.m. on May 2, 2014, until 7 p.m. 
on May 4, 2014. This rule will be enforced from 7 a.m. until 7 p.m. 
local time on May 2nd, May 3rd, and May 4th, 2014.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2014-0058 and are available online 
by going to http://www.regulations.gov, inserting USCG-2014-0058 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 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 Giacomo Terrizzi, 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 Cheryl Collins, 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 
with sufficient enough time to complete the rulemaking process; 
consequently, the event would occur before the rulemaking process could 
be completed.
    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. 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.

B. Basis and Purpose

    The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Thompson Bay, Lake Havasu, AZ for The Lucas Oil 
Drag Boat Racing Series. This safety zone is necessary to provide for 
the safety of the participants, crew, spectators, sponsor vessels, and 
other users of the waterway. At this event, over 100 race teams from 
across the United States and Canada are expected to participate. The 
safety zone will cover the majority of Thompson Bay. The course 
requires enforcement of a safety zone while the drag boats are on the 
course, thus restricting vessel traffic within the Thompson Bay for 36 
hours spanning three days. There will be approximately 27 safety 
vessels provided by the sponsor to help maintain the temporary safety 
zone and assist boating traffic in vicinity of the event.

C. Discussion of Rule

    The Coast Guard is establishing a temporary safety zone that will 
be enforced from 7 a.m. to 7 p.m. on May 2, 2014 through May 4, 2014. 
The safety zone includes the waters of Thompson Bay encompassed by 
drawing a line from point to point along the following coordinates:
    Northern Zone line:

34[deg]27'57.96'' N, 114[deg]20'48.49'' W
34[deg]27'57.71'' N, 114[deg]20'49.75'' W

    North West Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    South Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    This safety zone is necessary to ensure personnel and vessels 
remain safe by keeping clear during the high speed transit of drag 
boats. 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.
    Vessels will be able to transit the surrounding area and may be 
authorized to transit through the safety zone with the permission of 
the Captain of the Port or the designated representative. Before 
activating the zones, the Coast Guard will notify mariners by 
appropriate means including but not limited to Local Notice to 
Mariners.

[[Page 21630]]

D. 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 or 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. This determination is 
based on the size and location of the safety zone, as well as the 
history of previous similar events. Vessels will be allowed to transit 
through the designated safety zone during specified periods, between 
races while escorted by a designated escort sponsor vessel. 
Additionally, before the effective period, the Coast Guard will publish 
a Local Notice to Mariners (LNM).

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 will affect the following entities, some of 
which may be small entities: Owners or operators of vessels intending 
to transit or anchor in this portion of Lake Havasu or any small 
business which may rely on vessel traffic in the area for business from 
May 2, 2014 through May 4, 2014 from 7 a.m. to 7 p.m.
    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 allowed through the safety zone if they obtain 
permission from the Captain of the Port or his designated 
representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed 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 would 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 would 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
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 would 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 rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations 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 concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human

[[Page 21631]]

environment. This rule involves establishing a temporary safety zone. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction.
    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. 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-621 to read as follows:


Sec.  165.T11-621  Safety zone; Lucas Oil Drag Boats Racing Series; 
Lake Havasu City, AZ.

    (a) Location. The safety zone includes the waters of Thompson Bay 
encompassed by drawing a line from point to point along the following 
coordinates:
    Northern Zone line:

34[deg]27'57.96'' N, 114[deg]20'48.49'' W
34[deg]27'57.71'' N, 114[deg]20'49.75'' W

    North West Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    South Zone Line:

34[deg]27'07.99'' N, 114[deg]21'09.93'' W
34[deg]26'51.99'' N, 114[deg]21'03.83'' W

    (b) Enforcement Period. This section is effective from 7 a.m. on 
May 2, 2014, until 7 p.m. on May 4, 2014. It will be enforced from 7 
a.m. to 7 p.m. each day (May 2nd, May 3rd, and May 4th, 2014). 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 land or 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 general regulations in 33 
CFR part 165, subpart C, 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 Captain of the Port 
designated representative, who can be reached on VHF-FM 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 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 4, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-08788 Filed 4-16-14; 8:45 am]
BILLING CODE 9110-04-P