[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Rules and Regulations]
[Pages 46682-46684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19119]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0568]
RIN 1625-AA08
Special Local Regulation; Lake Havasu City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the Havapalooza 2019 marine event that will be held on
the navigable waters of Lake Havasu, Lake Havasu City, AZ. This action
is necessary to provide for the safety of life on these navigable
waters on Thompson Bay in Lake Havasu during a waterside concert on
September 14, 2019. This rule prohibits spectators from anchoring,
blocking, loitering or transiting through in the event area unless
authorized by the Captain of the Port Sector San Diego or a designated
representative.
DATES: This rule is effective from 10 a.m. to 8 p.m. on September 14,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0568 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 Lieutenant Briana Biagas, Coast Guard; telephone 619-278-
7656, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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 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 is impracticable. The Coast Guard
was not notified of this event's date until June 4, 2019. It is
impracticable to publish an NPRM because we must establish regulated
area by September 14, 2019 and lack sufficient time to provide a
reasonable comment period and consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to ensure the safety of life on Lake Havasu.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1236). The Captain of the Port Sector San
Diego (COTP) has determined that a large congregation of vessels in
Thompson Bay associated with the Havapalooza 2019 marine event on
September 14, 2019, poses a potential safety concern. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within Thompson Bay while the event is occurring.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from 10
a.m. to 8 p.m. on September 14, 2019. This special local regulation
establishes a spectator area covering all navigable waters of Thompson
Bay shoreward of a line connected by the following points: Beginning at
34[deg]27'55'' N, 114[deg]20'48'' W (Point A); thence running southerly
to 34[deg]27'52'' N, 114[deg]20'49'' W (Point B); thence running
southeasterly to 34[deg]27'49'' N, 114[deg]20'47'' W (Point C); thence
running southeasterly to 34[deg]27'45'' N, 114[deg]20'43'' W (Point D);
thence running southeasterly to 34[deg]27'40'' N, 114[deg]20'34'' W
(Point E) thence running southeasterly and ending at 34[deg]27'37'' N,
114[deg]20'27'' W (Point F). The duration of the regulated area is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled marine event. All non-event
participants would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative.
[[Page 46683]]
V. 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 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 approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. Vessel
traffic can safely transit around this regulated which would impact a
an approximately 17,000 square yard area of Thompson Bay from 8 a.m. to
10 p.m. Moreover, the Coast Guard would make a post in the Local Notice
to Mariners with details on the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
temporary regulated area may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
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 a temporary regulated area that would
limit access to an approximately 17,000 square yard area of Thompson
bay from 10 a.m. to 8 p.m. It is categorically excluded from further
review under paragraph L61 in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON THE NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.1102T11-0568 to read as follows
Sec. 100.1102T11-0568 Special Local Regulation; Lake Havasu City, AZ
(a) Location: The following area is a special local regulation: all
navigable waters of Thompson Bay shoreward of
[[Page 46684]]
a line connected by the following points: Beginning at 34[deg]27'55''
N, 114[deg]20'48'' W (Point A); thence running southerly to
34[deg]27'52'' N, 114[deg]20'49'' W (Point B); thence running
southeasterly to 34[deg]27'49'' N, 114[deg]20'47'' W (Point C); thence
running southeasterly to 34[deg]27'45'' N, 114[deg]20'43'' W (Point D);
thence running southeasterly to 34[deg]27'40'' N, 114[deg]20'34'' W
(Point E) thence running southeasterly and ending at 34[deg]27'37'' N,
114[deg]20'27'' W (Point F).
(b) Effective period. This section is effective from 10 a.m. to 8
p.m. on September 14, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into or remaining within this
regulated area is prohibited unless authorized by the Captain of the
Port Sector San Diego (COTP) or a designated representative.
(2) Vessels requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 69 or by telephone at 562-447-0940.
(3) Persons and vessels permitted to enter this area must transit
at their slowest safe speed and comply with all lawful directions
issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
regulated area through Local Notice to Mariners.
Dated: August 21, 2019.
D.P. Montoro,
Captain, U.S. Coast Guard, Alternate, Captain of the Port Sector San
Diego.
[FR Doc. 2019-19119 Filed 9-4-19; 8:45 am]
BILLING CODE 9110-04-P