[Federal Register: October 3, 2003 (Volume 68, Number 192)]
[Rules and Regulations]
[Page 57368-57370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc03-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Diego 03-027]
RIN 1625-AA00
Safety Zone; Crazy Horse Campground, Lake Havasu, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Havasu, Arizona in support of the International Jet Sports Boating
Association World Finals, known locally as Skat Trak World Finals. This
temporary safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels and other vessels
and 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 from 7 a.m. (PDT) October 5, 2003 until 6
p.m. (PDT) October 12, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP San Diego 03-027] and are available
for inspection or copying at Marine Safety Office San Diego, 2716 N.
Harbor Drive, San Diego, CA 92101-1064 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Austin Murai, USCG, c/o
U.S. Coast Guard Captain of the Port, telephone (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Final approval and permitting
of this event were not issued in time to engage in full notice and
comment rulemaking. Publishing an NPRM and delaying the effective date
would be contrary to the public interest since the event would occur
before the rulemaking process was complete.
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. In addition to the reasons stated
above, it would be contrary to the public interest not to publish this
rule because the event has been permitted and participants and the
public require protection.
Background and Purpose
The International Jet Sports Boating Association is sponsoring the
Skat Trak World Finals, which is held at the Crazy Horse Campgrounds,
Lake Havasu City, AZ. This temporary safety zone is established in
support of the Skat Trak World Finals, a marine event that includes
participating vessels racing along an established and marked course on
Lake Havasu, AZ. This temporary safety zone is necessary to provide for
the safety of the crews, spectators, and participants of the Skat Trak
World Finals and is also necessary to protect other vessels and users
of the waterway.
Discussion of Rule
The Coast Guard proposes to establish one safety zone that will be
enforced from 7 a.m. (PDT) to 6 p.m. (PDT) from October 5, 2003 to
October 12, 2003. This safety zone is necessary to provide for the
safety of the crews, spectators, and participants of the Skat Trak
World Finals and to protect other vessels and users of the waterway.
Persons and vessels will be prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.
The limits of this temporary safety zone are from a point on land
beginning at 32[deg]28'18'' N, 114[deg]21'04'' W, thence northerly to a
point 34[deg]28'06'' N, 114[deg]21'55'' W, thence easterly to a point
34[deg]28'05'' N, 114[deg]21'02'' W, thence southerly along the
shoreline to the point of origin.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We expect the economic impact of this rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The safety
zone is of a limited duration, only eleven (11) hours per day for a
period of eight (8) days, and is limited to a relatively small
geographic area.
[[Page 57369]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. The security zone will affect the following entities some of
which may be small entities: the owners and operators of pleasure craft
engaged in recreational activities and sightseeing. This safety zone
would not have a significant economic impact on a substantial number of
small entities for several reasons: vessel traffic can pass safely
around the area, vessels engaged in recreational activities have ample
space outside of the safety zone to engage in these activities, and
this safety zone is limited in scope and duration as it is only in
effect for only eleven (11) hours per day for a period of eight (8)
days, from October 5, 2003 to October 12, 2003. In addition the Coast
Guard will publish local notice to mariners (LNM) before the safety
zone is enforced.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If your
small business or organization is affected by this rule and you have
questions concerning its provisions or options for compliance, please
contact Lieutenant Commander Rick Sorrell, U.S. Coast Guard Marine
Safety Office San Diego at (619) 683-6495.
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).
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because we are establishing a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1(g), 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 new Sec. 165.T11-045 to read as follows:
Sec. 165.T11-045 Safety Zone; Crazy Horse Campground, Lake Havasu,
Arizona.
(a) Location. The limits of this temporary safety zone are from a
point on land beginning at 32[deg]28'18'' N, 114[deg]21'04'' W, thence
northerly to a
[[Page 57370]]
point 34[deg]28'06'' N, 114[deg]21'55'' W, thence easterly to a point
34[deg]28'55'' N, 114[deg]21'02'' W, thence southerly along the
shoreline to the point of origin.
(b) Enforcement dates. This safety zone will be enforced from 7
a.m. (PDT) to 6 p.m. (PDT), daily, from October 5, 2003 through October
12, 2003. If the need for the safety zone ends before the scheduled
termination time, the Captain of the Port will cease enforcement of
this safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this zone by all vessels is prohibited, unless authorized by the
Captain of the Port, or his designated representative. Mariners
requesting permission to transit through the safety zone may request
authorization to do so from the Coast Guard designated representative.
Dated: September 24, 2003.
Stephen P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-25046 Filed 10-2-03; 8:45 am]
BILLING CODE 4910-15-P