[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Rules and Regulations]
[Page 20173-20175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap08-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2007-0145]
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
in the Lake Moolvalya region on the navigable waters of the Colorado
River in Parker, Arizona for the Bluewater Resort and Casino `Spring
Classic' Boat Race. 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 6 a.m. on April 11, 2008, through 6
p.m on April 13, 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 CG-2007-0145 and are available for inspection or
copying at U.S. 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 7229). We received no comments on the proposed rule. No
public hearing was requested, and none was held.
Under 5 U.S.C. 553(d)(3), good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
Delaying this rule would be contrary to the public interest of ensuring
the safety of spectators and vessels during this event and immediate
action is necessary to prevent possible loss of life or property.
Background and Purpose
The Southern California Speedboat Club is sponsoring the Bluewater
Resort and Casino `Spring Classic' Boat Race, which is held on the Lake
Moolvalya region on the Colorado River in Parker, Arizona. 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 12 to 22 feet. Approximately 85 boats
will participate in this event. The sponsor will provide two water
rescue and two patrol vessels to patrol this event.
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. We expect the economic impact of this
proposed rule to be so minimal that a full Regulatory Evaluation is
unnecessary.
This determination is based on the size and location of the safety
zone. Commercial vessels will be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
designated safety zone during the specified times.
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 and operators of pleasure craft
engaged in recreational activities and sightseeing in a portion of the
Lower Colorado River from 6 a.m. on April 11, 2008, through 6 p.m. on
April 13, 2008. This safety zone will not have a significant economic
impact on a substantial number of small entities because the rule will
be in effect for only 12 hours for a period of three (3) days. Before
the effective period, we will submit an inclusion in the Local Notice
to Mariners.
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.
[[Page 20174]]
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.
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.
Technical Standard
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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, 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; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add new Sec. 165.T11-001 to read as follows:
Sec. 165.T11-001 Safety Zone; Colorado River, Parker, AZ.
(a) Location. The following area is a temporary safety zone: The
portion of the Colorado River from Headgate Dam to 0.5 nautical miles
north of Bluewater Marina, Parker, Arizona.
(b) Enforcement Period. This safety zone will be enforced each day
from 6 a.m. to 6 p.m. from April 11, 2008, through April 13, 2008. 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) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, State, and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port,
New York.
(d) Regulations. (1) 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
[[Page 20175]]
by the Captain of the Port, or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander. The
Patrol Commander may be contacted via VHF-FM channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: March 17, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. E8-7937 Filed 4-14-08; 8:45 am]
BILLING CODE 4910-15-P