[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Proposed Rules]
[Pages 38754-38757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16268]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0509]
RIN 1625-AA00
Safety Zone; IJSBA World Finals; Lower Colorado River, Lake
Havasu, AZ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a temporary safety zone on the
navigable waters of Lake Havasu on the lower Colorado River in support
of the IJSBA 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 temporary safety zone unless
authorized by the Captain of the Port or his designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before August 5, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0509 using any one of the following methods:
(1) Federal Rulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Petty Officer Krista Stacey, USCG, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7263, e-mail [email protected]. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0509), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the
[[Page 38755]]
``submit a comment'' box, which will then become highlighted in blue.
In the ``Document Type'' drop down menu select ``Proposed Rule'' and
insert ``USCG-2010-0509'' in the ``Keyword'' box. Click ``Search'' then
click on the balloon shape in the ``Actions'' column. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0509'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one July 26, 2010 using one of the four methods specified
under ADDRESSES. Please explain why you believe a public meeting would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Krista Stacey at the telephone number or e-mail address
indicated under the FOR FURTHER INFORMATION CONTACT section of this
notice.
Basis and Purpose
The International Jet Sports Boating Association is sponsoring the
IJSBA World Finals. The event will consist of 300 to 750 personal
watercrafts racing in a circular course. The race will be broken down
into heats of one to 20. The sponsor will provide five course marshall
and rescue vessels, as well as four perimeter safety boats for the
duration of this event. This safety zone is necessary to provide for
the safety of the participants, crew, spectators, participating
vessels, and other vessels and users of the waterway.
Discussion of Proposed Rule
The Coast Guard proposes establishing a temporary safety zone that
would be effective from 12:01 a.m. October 3, 2010 through 11:59 p.m.
October 10, 2010. The temporary safety zone will be enforced during
race days, beginning 6:30 a.m. until light no longer allows for racing
activities. The Coast Guard will notify the public of enforcement of
the safety zone established by this section to be made by all
appropriate means to the affected segments of the public. Such means of
notification will include, but is not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners. The temporary safety zone will
encompass all waters of Havasu on the lower Colorado River, within a
800-yard by 400-yard rectangle. The rectangle will be bounded by the
points beginning at: 34[deg]28.49' N, 114[deg]21.33' W; 34[deg]28.55'
N, 114[deg]21.56' W; 34[deg]28.43' N, 114[deg]21.81' W; 34[deg]28.32'
N, 114[deg]21.71' W; along the shoreline to 34[deg]28.49' N,
114[deg]21.33' W (NAD 83).
This 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 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.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed 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 would not be hindered
by the safety zone. Recreational vessels would not be allowed to
transit through the designated safety zone during the specified times
unless authorized to do so by the Captain of the Port or his designated
representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the lower Colorado River
at Lake Havasu from October 3, 2010 through October 10, 2010.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic can pass safely around the safety zone. Before the activation
of the zone, the Coast Guard would publish a local notice to mariners
(LNM).
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
[[Page 38756]]
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Krista Stacey,
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at 619-
278-7263. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 Standards
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 bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a temporary safety zone. Based on
our preliminary determination, there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2
figure 2-1, paragraph (34)(g) of the Instruction and neither an
environmental assessment nor a environmental impact statement is
required.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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, 3306,
3703; 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.
2. Add Sec. 165.T11-182 to read as follows:
Sec. 165.T11-182 Safety Zone; IJSBA World Finals; Lower Colorado
River, Lake Havasu, AZ
(a) Location. The limits of the proposed safety zone are as
follows: all waters of Havasu on the lower Colorado River, within a 800
yard by 400 yard rectangle. The rectangle will be bounded by the points
beginning at: 34[deg]28.49' N, 114[deg]21.33' W; 34[deg]28.55' N,
114[deg]21.56' W; 34[deg]28.43' N, 114[deg]21.81' W; 34[deg]28.32' N,
114[deg]21.71' W; along the shoreline to 34[deg]28.49' N,
114[deg]21.33' W (NAD 83).
[[Page 38757]]
(b) Effective Period. This section will be effective from 12:01
a.m. October 3, 2010 through 11:59 p.m. October 10, 2010. If the event
concludes prior to the scheduled termination time, the Captain of the
Port will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners. The temporary safety zone will
be enforced during race days, beginning 6:30 a.m. until light no longer
allows for racing activities. The Coast Guard will notify the public of
enforcement of the safety zone established by this section to be made
by all appropriate means to the affected segments of the public. Such
means of notification will include, but is not limited to, Broadcast
Notice to Mariners and Local Notice to Mariners.
(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.
(d) Regulations. (1) In accordance with Sec. 165.23 of this part,
entry into, transit through or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port of San Diego or
his designated on-scene representative.
(2) 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.
(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: June 14, 2010.
T.H. Farris,
Captain, U.S. Coast Guard Captain of the Port San Diego.
[FR Doc. 2010-16268 Filed 7-2-10; 8:45 am]
BILLING CODE 9110-04-P