[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64345-64347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22611]



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 Rules and Regulations
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  Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / 
Rules and Regulations  

[[Page 64345]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0733]
RIN 1625-AA08


Special Local Regulation; International Jet Sports Boating 
Association; Lake Havasu City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement date 
of the special local regulation for the annual International Jet Sports 
Boating Association event held on the navigable waters of the Colorado 
River near Lake Havasu City, Arizona. The change of enforcement date 
for the special local regulation is necessary to provide for the safety 
of life on navigable waters during the event. This action will restrict 
vessel traffic in the waters of the Colorado River near Lake Havasu, 
Arizona, from 6:30 a.m. to 6:30 p.m. from October 1, 2016, to October 
9, 2016. We invite your comments on this proposed rulemaking.

DATES: This rule is effective from October 1, 2016, through October 9, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0733 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Randolph Pahilanga, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary Final Rule
BNM Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port

II. Regulatory Information

    The Coast Guard is issuing this temporary 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 finds good cause 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 as there is not enough time to complete 
notice and comment rulemaking before the event is scheduled to take 
place. For this reason, publishing an NPRM would be impracticable.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. This rule is necessary 
for the safety of life during the high-speed boat race on these 
navigable waters. For the reasons above, it would be impracticable to 
delay this rule to provide a full 30 days notice.

III. Background, Purpose and Legal Basis

    The International Jet Sports Boating Association race is an annual 
recurring event listed in Table 1, Item 10 of 33 CFR 100.1102, Annual 
Marine Events on the Colorado River for the San Diego COTP Zone. 
Special local regulations exist for the marine event to allow for 
special use of the Colorado River waterway for ten days. 33 U.S.C. 
1233, authorizes the Coast Guard to establish and define special local 
regulations to promote the safety of life on navigable waters during 
regattas or marine parades. The enforcement date and regulated location 
for this marine event are listed in Table 1, Item 10 of Section 
100.1102. While the date listed in the Table indicates that the marine 
event will occur on the second Saturday to the third Sunday in October, 
the dates for the event this year are Saturday, October 1, 2016 through 
Sunday, October 9, 2016. Therefore, a temporary rule change is needed 
to reflect the actual date of the event.

IV. Discussion of Proposed Rule

    In this temporary final rule, the regulations in 33 CFR 100.1102 
will be temporarily suspended for Table 1, Item 10 of that Section and 
a temporary regulation will be inserted as Table 1, Item 20 of that 
Section in order to reflect that the special local regulation will be 
effective and enforced from 6:30 a.m. to 6:30 p.m. from October 1, 2016 
to October 9, 2016. This change is needed to accommodate the sponsor's 
event plan and to ensure that adequate regulations are in place to 
protect the safety vessels and individuals that may be present in the 
regulated area. No other portion of Table 1 of Section 100.1102 or 
other provisions in Section 100.1102 shall be affected by this 
regulation.
    The special local regulations are necessary to provide for the 
safety of the crew, spectators, participants, and other vessels and 
users of the Colorado River waterway. Persons and vessels will be 
prohibited from anchoring, blocking, loitering, or impeding within this 
regulated waterway unless authorized by the COTP, or his designated 
representative, during the proposed times. Before the effective period, 
the Coast Guard will publish information on the event in the weekly 
LNM. The proposed regulatory text appears at the end of this document.

V. Regulatory Analysis

    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 and Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory

[[Page 64346]]

approaches that maximize net benefits. Executive Order 13563 emphasizes 
the importance of quantifying both costs and benefits, of reducing 
costs, of harmonizing rules, and of promoting flexibility. This rule 
has not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, the rule has not been reviewed by 
the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic will be able to safely transit around this area which 
would impact a small designated area of the Colorado River. Moreover, 
the Coast Guard would publish a Local Notice to Mariners about the 
zone, and the rule will allow vessels to seek permission to enter the 
zone.

B. 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: The owners or operators of vessels 
intending to transit or anchor in the impacted portion of the Colorado 
River, Lake Havasu, Arizona, from 6:30 a.m. to 6:30 p.m. from October 
1, 2016 to October 9, 2016.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic will be allowed to pass through the zone with permission of the 
COTP, or his designated representative and the special local regulation 
is limited in size and duration. The Coast Guard will issue maritime 
advisories widely available to all waterway users. Before the effective 
period, the Coast Guard will publish event information on the Internet 
in the weekly LNM marine information report. 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.
    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 
section. 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.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 it is consistent with the fundamental federalism principles and 
preemption requirements described in E.O. 13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 marine event special local regulations 
on the navigable waters of the Colorado River. It 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.

G. 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.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the 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. In Sec.  100.1102, in Table 1 to Sec.  100.1102, suspend item ``10'' 
and add temporary item ``20'' to read as follows:


Sec.  100.1102  Annual Marine Events on the Colorado River, between 
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

* * * * *

[[Page 64347]]



                       Table 1 to Sec.   100.1102
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                              * * * * * * *
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                         20. IJSBA World Finals
------------------------------------------------------------------------
Sponsor...........................  International Jet Sporting
                                     Association (IJSBA).
Event Description.................  Personal Watercraft Race.
Date..............................  October 1, 2016 through October 9,
                                     2016.
Location..........................  Lake Havasu City, AZ.
Regulated Area....................  The navigable waters of Lake Havasu,
                                     AZ in the area known as Crazy Horse
                                     Campgrounds.
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    Dated: September 6, 2016.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2016-22611 Filed 9-19-16; 8:45 am]
BILLING CODE 9110-04-P