Rule2022-04703
Special Local Regulation; Lake Havasu, Lake Havasu City, AZ
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2022
Effective
March 19, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) in the navigable waters of Lake Havasu, Arizona during the Lake Havasu Triathlon marine event. This regulation is necessary to provide for the safety of the participants, crew, spectators, sponsor vessels, and general users of the waterway during the event, which will be held on March 19, 2022. 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12588-12590]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04703]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0032]
RIN 1625-AA08
Special Local Regulation; Lake Havasu, Lake Havasu City, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) in the navigable waters of Lake Havasu, Arizona during
the Lake Havasu Triathlon marine event. This regulation is necessary to
provide for the safety of the participants, crew, spectators, sponsor
vessels, and general users of the waterway during the event, which will
be held on March 19, 2022. 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 8 a.m. to 9 a.m. on March 19, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0032 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email
<a href="/cdn-cgi/l/email-protection#d397e2e29eb2a1babdb696a5b6bda7a0809793a6a0b0b4fdbebabf"><span class="__cf_email__" data-cfemail="551164641834273c3b301023303b2126061115202636327b383c39">[email protected]</span></a>.
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. We must
establish this special local regulation by March 19, 2022. 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 March 19, 2022.
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 the large number of swimmers
associated with the Lake Havasu Triathlon marine event on March 19,
2022, 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 Comments, Changes, and the Rule
This rule establishes a special local regulation from 8 a.m. to 9
a.m. on March 19, 2022. This special local regulation will cover all
navigable waters, from surface to bottom, on a pre-determined course
within Lake Havasu, Arizona beginning at the starting point of the
event at Lake Havasu State Park South Beach and proceeding south to the
southern entrance to the Bridgewater 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. The regulatory text provides
information on how to contact the COTP or a designated representative
for permission to transit the area. When in the regulated area, persons
must comply with all lawful orders or directions given to them by the
COTP or designated representative. Additionally, the COTP will provide
notice of the regulated area through advanced notice via Local Notice
to Mariners or by on-scene designated representatives.
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 Executive Order 12866. 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
[[Page 12589]]
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
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.
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
temporary special local regulation that will limit access to certain
areas within Lake Havasu, from 8 a.m. until 9 a.m. on March 19, 2022.
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
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.
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.T11-090 to read as follows:
Sec. 100.T11-090 Lake Havasu Triathlon, Lake Havasu, Arizona.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters, from surface to bottom, on a pre-
determined course within Lake Havasu, Arizona beginning at the starting
point of the event at Lake Havasu State Park South Beach and proceeding
south to the southern entrance to the Bridgewater 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 participants in the marine event.
(c) Regulations. (1) 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 the COTP or a
designated representative. They may be contacted by telephone at 619-
278-7033. Those in
[[Page 12590]]
the regulated area must comply with all lawful orders or directions
given to them by the COTP or designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via Local Notice to Mariners or by on-scene designated
representatives.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 9 a.m., on March 19, 2022.
Dated: March 1, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2022-04703 Filed 3-4-22; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.