[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38776-38779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16073]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0359]
RIN 1625-AA00


Safety Zone; Bullhead City River Regatta; Bullhead 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 the Colorado River in Bullhead City, AZ in support 
of the 2014 Bullhead City River Regatta. This temporary safety zone is 
necessary to provide for the safety of the participants, crew, 
spectators, sponsor vessels, and other 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 6 a.m. to 6 p.m. on August 9, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0359]. 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 Lieutenant Commander John Bannon, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7261, 
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
TFR Temporary Final Rule
LNM Local Notice to Mariners

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule after 
publishing an NPRM on May 20, 2014, that provided a 30 day public 
comment period. The Coast Guard received no comments on the NPRM for 
this rule, and as such, no changes have been made to the safety zone. 
This temporary safety zone is established to support an annual marine 
event listed in 33 CFR 100.1102, Table 1, item 16.

[[Page 38777]]

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to propose, establish, and 
define regulatory safety zones.
    Bullhead City, AZ is sponsoring the 2014 annual River Regatta, a 
permitted Coast Guard marine event, held on the navigable waters of the 
Colorado River in Bullhead City, AZ.
    The temporary safety zone established by this rule supports that 
marine event. This recurring marine event is listed in 33 CFR 100.1102, 
Table 1, item 16.
    This temporary safety zone is necessary to provide for the safety 
of the participants, crew, spectators, sponsor vessels, and other users 
of the waterway throughout this popular annual event. This event 
involves participants floating down the river on inflatable rafts, 
inner tubes, and floating platforms as part of the organized marine 
event. The size and types of floats will vary. Approximately 25,000 
people are expected to participate in this event. The sponsor will 
provide over 32 patrol and rescue boats to help facilitate the event, 
make certain participants are wearing personal floatation devices, and 
ensure overall public safety. As the participants conclude each section 
of the river, the COTP will disestablish the associated safety zone for 
that section of the river as soon as it is safe to do so.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received 0 comments on the NPRM for this rule, and 
as such, no changes have been made to the final rule.
    Because the safety zone is being established to help support 
Bullhead City officials with event safety and to ensure a safe area for 
this widely attended event, the safety zone is necessary for this one-
day event. Although the Coast Guard did not receive any official 
comments on the rulemaking, prior to publishing the NPRM, on April 28, 
2014, Coast Guard Sector San Diego did receive an email notice from the 
Nevada Department of Wildlife (NDOW) concerning the safety of the 
event. Although this comment was not submitted officially to the NPRM 
docket, it does warrant recognition as it relates to the safety of the 
event and the establishment of a temporary safety zone that will limit 
public access to the waterway. NDOW stated a concern about the 
inability of event sponsors to enforce life jacket usage throughout the 
river float. NDOW estimates that less than 20% of event participants 
wear a life jacket throughout the entire six mile event. The Coast 
Guard recognizes that the sponsor of the event has trouble enforcing 
this rule in shallow water that involves approximately 25,000 
participants. This year, additional life guard staffing and law 
enforcement presence will address this concern, including removal of 
participants at appropriate times for failing to wear their life 
jackets. Wearing a life jacket is a condition of participation.
    In addition, NDOW discussed the lack of a comprehensive event 
evacuation plan, specifically throughout the six mile river route that 
includes private property shoreline and inaccessible shoreline to roads 
and parks. Event organizers do, however, address this concern in the 
Bullhead City Police Department event Incident Action Plan (IAP). The 
IAP will account for extreme weather, such as lightning, that will call 
for either temporarily or completely halting the event and removing 
participants from the waterway as safely and efficiently as possible.

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. This determination is 
based on the size and location of the safety zone. The safety zone will 
encompass all navigable waters in the vicinity of Davis Camp to Rotary 
Park in Bullhead City, AZ. Vessels may transit through the safety zone 
during the specified times if they request and receive permission from 
the Captain of the Port or his designated representative, on a case by 
case basis. And, as soon as possible, the waterway will be reopened in 
phases as the event winds down.

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 received no comments from the Small Business 
Administration on this rule and the impact of a temporary one day 
closure of the portion of the Colorado River for this annual event. 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 private, commercial 
vessels or for hire vessels, intending to transit or anchor in a 
portion of the waters of the Colorado River between Davis Camp to 
Rotary Park in Bullhead City, Arizona from 6 a.m. to 6 p.m. on August 
9, 2014. Because this is a popular annual event supported by 
neighboring municipalities from Arizona and Nevada with in-depth 
planning, very few small businesses are impacted.
    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 Captain of the Port, or his designated representative. This 
popular annual event is advertised extensively in the area. Before the 
effective period, the Coast Guard will publish a Local Notice to 
Mariners. And, just prior to the event, the Coast Guard will notify on-
water users of the restriction to the waterway. Furthermore, many 
personal watercraft businesses are able to rent their equipment to 
event sponsors for event support. And, alternate waterway use locations 
exist above and beyond the affected six mile portion of the Colorado 
River, as well as Lake Mohave, located immediately adjacent to the 
waterway. This event is the only event throughout the year that limits 
full use of the navigable waterway and it is well advertised.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 38778]]

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 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, 
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 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 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 establishment of a temporary safety 
zone on the navigable waters of the Colorado River. This rule is 
categorically excluded from further review under paragraph 34(g) 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 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.T11-644 to read as follows:


Sec.  165.T11-644  Safety Zone; Bullhead City River Regatta, Bullhead 
City, AZ.

    (a) Location. This temporary safety zone includes six miles of 
navigable waters of the Colorado River between Davis Camp and Rotary 
Park in Bullhead City, AZ.
    (b) Enforcement Period. The zone described in paragraph (a) of this 
section will be enforced 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). 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, or 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

[[Page 38779]]

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) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Captain of the Port 
designated representative.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (5) Upon being hailed by U.S. Coast Guard or designated patrol 
personnel by siren, radio, flashing light or other means, the operator 
of a vessel shall proceed as directed.
    (6) The Coast Guard may be assisted by other Federal, State, or 
local law enforcement agencies in the patrol and notification of the 
regulation.

    Dated: June 24, 2014.
J.A. Janszen,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2014-16073 Filed 7-8-14; 8:45 am]
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