[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 D11MarineEventsSD@uscg.mil.

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


