[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Proposed Rules]
[Pages 28876-28879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11568]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0253]
RIN 1625-AA00


Safety Zone; Bullhead City River Regatta; Bullhead City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of the Colorado River in Bullhead City, 
Arizona. The safety zone is necessary to provide for the safety of the 
Bullhead City River Regatta marine event participants. The safety zone 
will temporarily restrict vessel movement and public waterway use 
within the designated area. During the annual one-day event, held on 
August 9, 2014, non-authorized event persons and vessels would be 
prohibited from entering into, transiting through or anchoring within 
the enforced period of the safety zone unless authorized by the Captain 
of the Port or his designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 19, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before June 4, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander John Bannon, 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as

[[Page 28877]]

having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0253] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0253) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The request for a waterway safety zone was submitted by the 
organizer of the annual event, Bullhead City, Arizona. The safety zone 
will provide a safety buffer from vessel traffic for the estimated 
25,000 participants floating down a six mile portion of the Colorado 
River during the annual marine event.
    The Bullhead City River Regatta is a reoccurring marine event 
listed in 33 CFR 100.1102 Table 1, Item number 16.
    The Bullhead City River Regatta is held on the navigable waters of 
the Colorado River adjacent to Bullhead City, Arizona and Laughlin, 
Nevada. The waterway is under federal jurisdiction due to the division 
of two states. The proposed safety zone is deemed necessary by Coast 
Guard Sector San Diego Captain of the Port to provide for the safety of 
the event participants and to support the state-led waterway safety 
efforts. This popular event involves a high number of people, with paid 
event permits, floating down a six mile portion of the Colorado River 
on inflatable rafts, inner tubes and floating platforms. This is the 
only event on this portion of the waterway that restricts public access 
for a defined period of time during one day of the year.
    Because of the high amount of participants, narrow and treacherous 
portions of the waterway, public access for this small portion of the 
waterway is limited at the request of local law enforcement and city 
officials. The sponsor provides adequate notice and the annual event 
occurs each year on the same approximate date and time, as well as the 
same portion of the waterway. The small part of the waterway impacted 
will be reopened as soon as the waterway is deemed safe by the Coast 
Guard Captain of the Port or his designated representative. The sponsor 
will provide over 35 patrol and rescue vessels to help facilitate the 
event and ensure public safety.

D. Discussion of Proposed Rule

    The proposed temporary safety zone will encompass a six mile 
portion of the Colorado River, directly adjacent to Bullhead City, 
Arizona and Laughlin, Nevada. Specifically, the closed portion of the 
Colorado River includes the waters between Davis Camp and Rotary Park 
in Bullhead City, Arizona. In the interest of public and event 
participant safety, general navigation within the safety zone by non-
event participants will be restricted. Except for vessels authorized by 
the Coast Guard Captain of the Port or his representative, working 
closely with Bullhead City event command staff, no person or vessel may 
enter or remain in the regulated area for the safety of event 
participants. This zone will be in effect from 6 a.m. to 6 p.m. on 
August 9, 2014. Before the effective period, the Coast Guard will 
publish a Local Notice to Mariners (LNM) and marine information 
broadcasts on the day of the event. Should the safety zone no longer be 
required, the waterway will be reopened as soon as possible for full 
public use.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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. Although the safety 
zone would apply to the entire width of the river for a six mile 
stretch, traffic would be allowed to pass through the zone before and 
immediately after the marine event. In addition, with the permission of 
the Captain of the Port or his designated representative, limited 
traffic may be authorized on a case-by-case basis. 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might

[[Page 28878]]

be small entities: The owners or operators of private or commercial 
vessels intending to transit or anchor in that portion of the Colorado 
River between Davis Camp and Rotary Park between 6 a.m. and 6 p.m. on 
August 9, 2014.
    This safety zone would 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 
for a six mile portion and a majority of the day, traffic may be 
allowed to pass through the zone on a case-by-case basis with the 
permission of the Coast Guard Captain of the Port or his designated 
representative, working closely with marine event law enforcement 
leadership. In addition, early morning and late afternoon traffic can 
pass through prior to and immediately after the event. The reopening of 
the waterway will occur as soon as the waterway is deemed safe. A 
phased reopening will occur from north to south as the last 
participants are allowed to enter the waterway on their six mile 
floating transit. Before the effective period, the Coast Guard and 
Bullhead City, Arizona will issue maritime and local advisories widely 
available to the users of the waterway.
    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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 
made a preliminary determination 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 proposed 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. A preliminary 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 proposed rule.

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 proposes 
to amend 33 CFR part 165 as follows:

[[Page 28879]]

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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T11-632 to read as follows:


Sec.  165.T11-632  Safety Zone; Bullhead City River Regatta; Bullhead 
City, AZ.

    (a) Regulated area. The following area is a temporary safety zone: 
This zone includes six miles of the Colorado River, from Davis Camp, 
Bullhead City, Arizona to Rotary Park, Bullhead City, Arizona.
    (b) Regulations. 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 the reopening of 
portions or entire waterway via Broadcast Notice to Mariners. In 
addition, the following regulations apply:
    (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 can request permission to transit through the safety 
zone from the Patrol Commander. The Patrol Commander can be contacted 
on VHF-FM channels 16 and 23.
    (3) The operator of any vessel within or in the immediate vicinity 
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign, and
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign
    (iii) The Coast Guard may be assisted by other federal, state, or 
local agencies.
    (c) Definitions. The following definition applies to this section:
    (1) Captain of the Port San Diego means the Commander, Coast Guard 
Sector San Diego.
    (2) 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) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State and local agencies in the patrol and notification of the safety 
zone.
    (e) Enforcement period. This section will be enforced from 6 a.m. 
to 6 p.m. on August 9, 2014 unless cancelled earlier by the Captain of 
the Port.

    Dated: April 15, 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-11568 Filed 5-19-14; 8:45 am]
BILLING CODE 9110-04-P