[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71481-71483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22884]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0593]
RIN 1625-AA08


Special Local Regulation; Lake Havasu, Lake Havasu City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation in 
the navigable waters of the Bridgewater

[[Page 71482]]

Channel, Lake Havasu, AZ during the 12th Annual Bridgewater Channel 
Cleanup marine event. This regulation is necessary to provide for the 
safety of the participants, crew, supporting vessels, and general users 
of the waterway during the event, which will be held on October 21, 
2023. This special local regulation will temporarily prohibit persons 
and vessels from entering into, transiting through, anchoring, 
blocking, or loitering within the event area unless authorized by the 
Captain of the Port San Diego or a designated representative.

DATES: This rule is effective from 7 a.m. through 11 a.m. on October 
21, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Junior Grade Shelley Turner, Waterways 
Management, U.S. Coast Guard Sector San Diego, CA; 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 we must establish this special local 
regulation by October 21, 2023. The Coast Guard did not receive final 
details regarding this event until September 7, 2023. Therefore, it is 
impracticable to publish an NPRM because we lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule. This regulation is necessary to ensure the 
safety of life on the navigable waters of Lake Havasu during the marine 
event.
    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 public interest because action is needed 
to ensure the safety of life on the navigable waters of Lake Havasu 
during the marine event on October 21, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector San Diego (COTP) has determined 
that the presence of divers associated with the 12th Annual Bridgewater 
Channel Underwater Cleanup marine event on October 21, 2023 poses a 
potential safety concern in the regulated area. This rule is needed to 
protect persons, vessels, and the marine environment in the navigable 
waters of Lake Havasu during the marine event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. to 11 
a.m. on October 21, 2023. This special local regulation will cover all 
navigable waters, from surface to bottom in the Bridgewater Channel, 
Lake Havasu, AZ, starting at the London Bridge, proceeding south 
through the channel, and concluding at the southern entrance of the 
channel. The duration of the temporary special local regulation is 
intended to ensure the safety of participants, vessels, and the marine 
environment in these navigable waters during the scheduled marine 
event. No vessel or person will be permitted to enter the regulated 
area without obtaining permission from the COTP or a designated 
representative.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. The affected 
portion of the navigable waterway in Lake Havasu will be of very 
limited duration and is necessary for safety of life of participants in 
the marine event. Moreover, the Coast Guard will issue a Local Notice 
to Mariners about 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 
safety zone 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).

[[Page 71483]]

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.

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, Rev. 1, associated implementing instructions, 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 
special local regulation lasting only 4 hours that will prohibit entry 
to a specific portion of the Bridgewater Channel in Lake Havasu, AZ. It 
is categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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

    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 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: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T11-134 to read as follows:


Sec.  100.T11-134  12th Annual Bridgewater Channel Underwater Cleanup, 
Lake Havasu, Arizona.

    (a) Regulated area. The regulations in this section apply to the 
following area: All navigable waters, from surface to bottom, of the 
Bridgewater Channel in Lake Havasu, AZ, starting at the London Bridge, 
proceeding south through the channel, and concluding at the southern 
entrance of the channel.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port San Diego (COTP) in 
the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participant in the race.
    (c) Regulations. All non-participants are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area described in paragraph (a) of this section unless authorized by 
the Captain of the Port San Diego or their designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative. They may be contacted by telephone at 619-278-7033. 
Those in the regulated area must comply with all lawful orders or 
directions given to them by the COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via Local Notice to Mariners.
    (d) Enforcement period. This section will be enforced from 7 a.m. 
to 11 a.m. on October 21, 2023.

    Dated: October 10, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-22884 Filed 10-16-23; 8:45 am]
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