
[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19483-19485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07922]



[[Page 19483]]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0177]
RIN 1625-AA00


Safety Zone; Lake Havasu Gran Prix; Lake Havasu, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the navigable waters of Lake Havasu for the Lake Havasu Gran Prix. The 
temporary safety zone is necessary to provide safety for the 
participants, crew, rescue personnel, 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 directly after the conclusion of the 
Desert Storm Shootout marine event boat race, from approximately 1:00 
p.m. to 4:00 p.m. on April 26, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0177]. 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 Petty Officer Giacomo Terrizzi, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656, 
email d11marineeventssandiego@uscg.mil 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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 an NPRM would be impracticable and 
contrary to public interest. The logistical details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the events to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to public interest because it would 
inhibit the Coast Guard's ability to protect spectators and vessels 
from the hazards associated with a maritime high speed boat race, which 
are discussed further below.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

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.
    The Lake Havasu Gran Prix will consist of 25 powerboats racing 
around a closed circuit course for a specified amount of laps on a 
portion of Lake Havasu located adjacent to and west of Thompson Bay, 
off of the peninsula of Pittsburg Point. This racing location in Lake 
Havasu is in a different location than past years. This annual event 
will also occur directly after the conclusion of the approved annual 
marine event Desert Storm Shootout.
    The Lake Havasu Grand Prix requires a safety zone while the 
participants are on the course, thus restricting vessel traffic within 
a portion of Lake Havasu during the four hours scheduled for the race. 
There will be fifteen patrol vessels provided by the sponsor to patrol 
the boundaries of the safety zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced 
between the hours of 1:00 p.m. to 4:00 p.m. on April 26, 2014 directly 
after the conclusion of the Desert Storm Shootout. The limits of the 
safety zone will include a portion of Lake Havasu with an eastern zone 
line from Algoma Pier Head Lighthouse southeast to the point just west 
of Grass Island encompassed by the following coordinates:

34[deg]26'51'' N, 114[deg]20'41'' W
34[deg]27'17'' N, 114[deg]20'51'' W

    The western zone line is from Split Rock Lighthouse southwest to 
the closest peninsula on the California side illustrated by the 
following coordinates:

34[deg]27'18'' N, 114[deg]22'34'' W
34[deg]26'55'' N, 114[deg]22'59'' W

    The coordinates for the Lake Havasu Grand Prix are the same 
coordinates for the Desert Storm shootout, held earlier in the day and 
restricting boating traffic. Both the Lake Havasu Grand Prix and the 
Desert Storm Shootout are reoccurring marine events listed in 33 CFR 
100.1102 (Table 1). Use of a Safety Zone is established because a 
notice of enforcement of a marine event special local regulation would 
be inaccurate for the following reasons. First, 33 CFR 100.1102 Table 1 
discussed the Lake Havasu Grand Prix occurring in a different location 
of the waterway. Second, the normally annual event did not occur the 
previous year. For these reasons, a safety zone is necessary to provide 
for the safety of participants, crew, rescue personnel, and other users 
of the waterway.
    For the safety zone, persons and vessels will be prohibited from 
entering into, transiting through, or anchoring within the safety zone 
unless authorized by the Captain of the Port, or his designated 
representative. Before the effective period, the Coast Guard will 
publish a local notice to mariners (LNM).

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.

[[Page 19484]]

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. We expect the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
is unnecessary. This determination is based on the safety zone being of 
a limited duration of no more than four hours, limited to a relatively 
small geographic area of Lake Havasu, and occurring directly after the 
conclusion of Desert Storm Shootout.

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 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 from 1:00 p.m. to 4:00 p.m. on April 26, 2014.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone impacts a relatively small area. Small entities can conduct 
their activities in areas not impacted by this event by transiting 
around the event or gaining permission by the Captain of the Port, or 
his designated representative for an escort through the race area. This 
event included planning with various stakeholders prior to the event 
permit request was submitted. Finally, before the effective period, the 
Coast Guard will publish a Local Notice to Mariners.

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 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

[[Page 19485]]

establishment of a safety zone on the navigable waters of Lake Havasu. 
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.T11-631 to read as follows:


Sec.  165.T11-631  Safety zone; Lake Havasu Gran Prix, Lake Havasu, AZ

    (a) Location. The limits of the safety zone will include a portion 
of Lake Havasu with an eastern zone line from Algoma Pier Head 
Lighthouse southeast to the point just west of Grass Island, 
illustrated by the following coordinates: 34[deg]26'51'' N, 
114[deg]20'41'' W; 34[deg]27'17'' N, 114[deg]20'51'' W. The western 
zone line is from Split Rock Lighthouse southwest to the closest 
peninsula on the California side illustrated by the following 
coordinates: 34[deg]27'18'' N, 114[deg]22'34'' W; 34[deg]26'55'' N, 
114[deg]22'59'' W.
    (b) Enforcement Period. This rule is effective directly after the 
conclusion of the Desert Storm Shootout from 1:00 p.m. to 4:00 p.m. on 
April 26, 2014.
    (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) 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 requesting permission to transit through the safety 
zone may initiate request authorization to do so from the event sponsor 
who may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (4) 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.
    (5) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: March 26 2014.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-07922 Filed 4-8-14; 8:45 am]
BILLING CODE 9110-04-P


