[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Rules and Regulations]
[Page 18961-18963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap08-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2007-0140]
RIN 1625-AA00
Safety Zone; Colorado River, Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Lake Moolvalya region on the navigable waters of the Colorado River
in Parker, Arizona for the Bluewater Resort and Casino American
Powerboat Association (APBA) National Tour/Regional Championship. This
temporary safety zone is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels of the race, and
general 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 designation
representative.
DATES: This rule is effective from 6 a.m. to 6 p.m. on May 2, 2008
through May 4, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket USCG-2007-0140 and are available for inspection or
copying at Coast Guard Sector San Diego, 2710 N. Harbor Drive, San
Diego, CA 92101-1064 between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST3 Kristen Beer, Waterways
Management, U.S. Coast Guard Sector San Diego, CA at (619) 278-7233.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 7, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety zone, Colorado River, Parker, AZ in the Federal
Register (73 FR 7231). We received no letters commenting on the
proposed rule. No public hearing was requested, and none was held.
Background and Purpose
RPM Racing Enterprises is sponsoring the Bluewater Resort and
Casino APBA National Tour/Regional Championship, which is held on the
Lake Moolvalya region on the Colorado River in Parker, AZ. This
temporary safety zone is necessary to provide for the safety of the
participants, crew, spectators, sponsor vessels, and other users of the
waterway.
This event involves powerboats racing along a circular track. The
size of the boats varies from eight to 15 feet. Approximately 130 to
150 boats will participate in this event. The sponsor has provided two
water rescue and two patrol vessels to patrol this event.
Discussion of Comments and Changes
No changes will be made to the rule, since no comments were
received.
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
[[Page 18962]]
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 impact of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary. The safety zone is of a limited
duration, and is limited to a relatively small geographic area. A race
Patrol Commander will be on-scene and will authorize recreational
traffic when vessel movement is safe.
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. 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 a portion of the Colorado River, Parker, AZ from 6
a.m. to 6 p.m. on May 4, 2008. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This rule will be in effect for only twelve
(12) hours in the day for a period of three (3) days. Before the
effective period, we will submit an inclusion in the Local Notice to
Mariners (LNM).
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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, or if you have
questions concerning its provisions or options for compliance, please
contact MST3 Kristen Beer, Waterways Management, U.S. Coast Guard
Sector San Diego at (619) 278-7233.
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 an 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.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are 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, and 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, 195; 22 CFR
[[Page 18963]]
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 a new temporary Sec. 165.T11-261 to read as follows:
Sec. 165.T11-261 Safety Zone; Colorado River, Parker, AZ.
(a) Location. The Coast Guard proposes to establish a temporary
safety zone for the Bluewater Resort and Casino APBA National Tour/
Regional Championship. The limits of this proposed temporary safety
zone would include that portion of the Colorado River from Headgate Dam
to 0.5 miles north of Bluewater Marine, Parker, AZ.
(b) Effective Period. This section is effective from 6 a.m. to 6
p.m. from May 2 through May 4, 2008.
(c) Regulations. Entry into, transit through or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port San Diego or his designated on-scene representative. Mariners
requesting permission to transit through the safety zone may request
authorization to do so from the Patrol Commander (PATCOM). The PATCOM
may be contacted on VHF-FM Channel 16.
Dated: March 17, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. E8-7385 Filed 4-7-08; 8:45 am]
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