Rule2024-23089
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
October 7, 2024
Effective
October 19, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation in the navigable waters of the Bridgewater Channel, Lake Havasu, AZ during the Annual Bridgewater Channel Underwater 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 19, 2024. This special local regulation will temporarily prohibit persons and vessels from entering, 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
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<title>Federal Register, Volume 89 Issue 194 (Monday, October 7, 2024)</title>
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[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Rules and Regulations]
[Pages 81004-81006]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23089]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0865]
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 Channel, Lake Havasu, AZ during
the Annual Bridgewater Channel Underwater 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 19, 2024. This special local
regulation will temporarily prohibit persons and vessels from entering,
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
19, 2024.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Shelley Turner, Waterways Management, U.S.
Coast Guard Sector San Diego, CA; telephone (619) 278-7656, email
<a href="/cdn-cgi/l/email-protection#82c6b3b3cfe3f0ebece7c7f4e7ecf6f1d1c6c2f7f1e1e5acefebee"><span class="__cf_email__" data-cfemail="c682f7f78ba7b4afa8a383b0a3a8b2b5958286b3b5a5a1e8abafaa">[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 we must establish this special local
regulation by October 19, 2024. The Coast Guard did not receive final
details regarding this event with sufficient notice to issue a proposed
rule. 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 19, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector San Diego (COTP) has determined
that the presence of divers associated with the Annual Bridgewater
Channel Underwater Cleanup on October 19, 2024, 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 19, 2024. 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.
[[Page 81005]]
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 of 4 hours 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
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
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 13th 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,
[[Page 81006]]
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 19, 2024.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2024-23089 Filed 10-4-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 7, 2024.
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.