[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]
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