[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Rules and Regulations]
[Pages 61619-61621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25193]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Lake Havasu on the lower Colorado River in Arizona
in support of the International Jet Sports Boating Association (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 will be prohibited from entering into, transiting through, or
anchoring within this temporary safety zone unless authorized by the
Captain of the Port San Diego or his designated representative.
DATES: This rule is effective in the CFR on October 6, 2010 through
October 10, 2010. This rule is effective with actual notice for
purposes of enforcement on October 3, 2010. This rule will remain in
effect until October 10, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0509 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0509 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Shane Jackson, Waterways
Management, U.S. Coast Guard Sector San Diego Coast Guard; telephone
619-278-7267, e-mail [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 6, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; IJSBA World Finals in the Federal Register
(75 FR 38754). We received no comments on the proposed rule. No public
meeting was requested, and none was held.
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. The boat races will begin on
October 3, 2010, and a safety zone is necessary to protect the
participants and spectators. Therefore it would be impracticable to
delay the effective date of the final rule.
Basis and Purpose
The International Jet Sports Boating Association (IJSBA) 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 marshals 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 Comments and Changes
The Coast Guard published an NPRM on July 6, 2010, proposing to
establish a temporary safety zone on Lake Havasu from October 3 through
October 10, 2010. We received no comments, and therefore we are
establishing the safety zone as proposed in the NPRM.
Regulatory Analyses
We developed this 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 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
[[Page 61620]]
safety zone. This safety zone will be in effect for only one week, and
will only be enforced during certain hours each day. Furthermore,
vessels can transit safely around the safety zone.
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 lower Colorado River at Lake Havasu from
October 3, 2010 through October 10, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Vessel
traffic can pass safely around the zone. Before the effective period,
the Coast Guard will publish a 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), in the NPRM 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.
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 (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.
Taking of Private Property
This rule will 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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
[[Page 61621]]
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 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.T11-182 to read as follows:
Sec. 165.T11-182 Safety Zone; IJSBA World Finals; Lower Colorado
River, Lake Havasu, AZ.
(a) Location. The following area is a safety zone: All waters of
Lake Havasu, from surface to bottom, encompassed by lines connecting
the following points: Beginning at 34[deg]28.49[min] N,
114[deg]21.33[min] W; thence to 34[deg]28.55[min] N, 114[deg]21.56[min]
W; thence to 34[deg]28.43[min] N, 114[deg]21.81[min] W; thence to
34[deg]28.32[min] N, 114[deg]21.71[min] W; thence along the shoreline
returning to 34[deg]28.49[min] N, 114[deg]21.33[min] W.
These coordinates are based upon NAD 83.
(b) Enforcement Period. This section will be enforced from sunrise
to sunset on October 3, 2010 through October 10, 2010. If the
International Jet Sports Boating Association World Finals concludes
prior to the scheduled termination of the effective period, the Captain
of the Port will cease enforcement of this safety zone and will
announce that fact via Broadcast Notice to Mariners.
(c) Definitions. The following definition applies to this section:
Designated representative means any Commissioned, Warrant, or Petty
Officers of the Coast Guard or Coast Guard Auxiliary, and local, state,
and federal law enforcement officers who have been authorized to act on
the behalf of the Captain of the Port.
(d) Regulations. (1) Under the general regulations in Sec. 165.23,
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 representative.
(2) Mariners desiring to enter or operate in 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 must comply with the instructions of
the Coast Guard Captain of the Port or his 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
must proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: September 17, 2010.
P.J. Hill,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2010-25193 Filed 10-5-10; 8:45 am]
BILLING CODE 9110-04-P