[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Proposed Rules]
[Pages 16181-16182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8258]



[[Page 16181]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11-97-010]
RIN 2115-AE84


Regulated Navigation Area: Copper Canyon, Lake Havasu, Colorado 
River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a Regulated Navigation 
Area (RNA) within the Copper Canyon, Lake Havasu region on the waters 
of the Colorado River. This action is necessary because the Coast Guard 
has determined that the extremely heavy traffic of recreational vessels 
in this area, particularly during peak holiday periods, creates 
conditions hazardous to navigation and causes vessels carrying law 
enforcement and emergency medical personnel to be unable to access the 
area. This RNA will establish an access lane to enhance navigation 
safety and to permit law enforcement and emergency response officials 
to reach all areas of Copper Canyon and provide services.

DATES: Comments must be received on or before June 1, 1998.

ADDRESSES: Comments may be mailed to Lieutenant Michael A. Arguelles, 
Coast Guard Marine Safety Office, 2716 North Harbor Drive, San Diego, 
CA 92101-1064. The Captain of the Port maintains the public docket for 
this rulemaking. Comments will become part of this docket and will be 
available for inspection at the Marine Safety Office at the address 
listed above.

FOR FURTHER INFORMATION CONTACT: Lieutenant Michael A. Arguelles, Coast 
Guard Marine Safety Office San Diego; telephone number (619) 683-6484.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this proposed rulemaking by submitting written data, views, or any 
other materials. Persons submitting comments should include their names 
and addresses, identify this rulemaking (CGD11-97-010) and the specific 
section of the proposal to which each comment applies, and give the 
reason for each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If not practical, a second copy of any bound 
materials is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope. 
The Coast Guard will consider all comments received during the comment 
period and may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Project Manager at the address listed 
in ADDRESSES. The request should include reasons why a hearing would be 
beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal person involved in drafting this document are 
Lieutenant Michael A. Arguelles, Project Manager, Marine Safety Office 
San Diego and Lieutenant (junior grade) Derek A. D'Orazio, Project 
Attorney, Coast Guard Maintenance and Logistics Command Pacific.

Background and Purpose

    In the past, emergency medical and law enforcement personnel have 
had difficulty getting through the severe congestion of recreational 
boats in Copper Canyon. This hazardous condition has become a major 
public safety concern, particularly during holidays and other times of 
heavy congestion. The RNA defined in this proposal will effectively 
provide an emergency access lane for law enforcement and other 
emergency services officials. This lane will significantly enhance 
public safety by allowing quicker emergency response time.
    Vessels using Copper Canyon, other than designated patrol vessels, 
will be prohibited from anchoring, mooring, loitering in, or otherwise 
impeding the transit of any other vessel within the emergency access 
lane. These non-patrol vessels shall expeditiously and continuously 
transit the lane via the most direct route consistent with navigational 
safety. At times of heavy congestion, however, designated by periodic 
Coast Guard Notices to Mariners on VHF-FM Channel 16, the emergency 
access lane will be closed to all traffic other than designated patrol 
vessels, and no entry will be permitted by any recreational or 
commercial vessel except with the express permission of the Captain of 
the Port or his designated representative.
    The geographic description of the emergency access lane 
constituting this RNA is as follows: beginning at the approximate 
center of the mouth of Copper Canyon and drawing a line down the 
approximate center of the canyon extending shoreward to the end of the 
navigable waters of the canyon, and comprising a semi-rectangular area 
extending 30 feet on each side of the line, for a total semi-
rectangular width of 60 feet.
    This line is more precisely described as: beginning at latitude 
34 deg.25'42''N, longitude 114 deg.18'26''W, thence southwesterly to 
latitude 34 deg.25'38''N, longitude 114 deg.18'26''W, thence 
southwesterly to latitude 34 deg.25'37''N, longitude 114 deg.18'26''W, 
thence southwesterly to latitude 34 deg.25'34''N, longitude 
114 deg.18'26''W, thence southwesterly to latitude 34 deg.25'33''N, 
longitude 114 deg.18'28''W, thence southwesterly to latitude 
34 deg.25'29''N, longitude 114 deg.18'29''W, thence to the end of the 
navigable waters of the canyon.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential cost and benefits under section 6(a)(3) of that Order. It has 
been exempted from review by the Office of Management and Budget under 
that Order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the Department of Transportation regulatory policies 
and procedures unnecessary, because use of Copper Canyon by both 
recreational and commercial vessels will not be precluded by this 
regulation; nor will such use be more than nominally affected.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal would have significant 
impact on a substantial number of small entities. ``Small entities'' 
include independently owned and operated small businesses that are not 
dominant in their field and that otherwise qualify as ``small business 
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). 
The Coast Guard expects the economic impact of the proposal to be 
minimal on all entities since use of Copper Canyon will not be 
precluded and will only be

[[Page 16182]]

nominally affected. Because it expects the impact of this proposal to 
be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposal, if adopted, will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination and Environmental Analysis Checklist has been prepared 
and placed in the rulemaking docket, and will be available for 
inspection and copying at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend Title 33, Code of Federal Regulations Part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. A new section 165.1115 is added to read as follows:


Sec. 165.1115  Copper Canyon, Lake Havasu, Colorado River--Regulated 
Navigation Area.

    (a) Location. The following is a regulated navigation area: (1) In 
the water area of Copper Canyon, Lake Havasu, Colorado River, beginning 
at the approximate center of the mouth of Copper Canyon and drawing a 
line down the approximate center of the canyon extending shoreward to 
the end of the navigable waters of the canyon, and comprising a semi-
rectangular area extending 30 feet on each side of the line, for a 
total semi-rectangular width of 60 feet. (2) This line is more 
precisely described as: beginning at latitude 34 deg.25'42''N, 
longitude 114 deg.18'26''W, thence southwesterly to latitude 
34 deg.25'38''N, longitude 114 deg.18'26''W, thence southwesterly to 
latitude 34 deg.25'37''N, longitude 114 deg.18'26''W, thence 
southwesterly to latitude 34 deg.25'34''N, longitude 114 deg.18'26''W, 
thence southwesterly to latitude 34 deg.25'33''N, longitude 
114 deg.18'28''W, thence southwesterly to latitude 34 deg.25'29''N, 
longitude 114 deg.18'29''W, thence to the end of the navigable waters 
of the canyon. All coordinates use Datum: NAD83.
    (3) The semi-rectangular area shall extend 30 feet on each side of 
this line, for a total semi-rectangular width of 60 feet.
    (b) Definitions. For the purpose of this section:
    (1) Vessel: Every description of watercraft, used or capable of 
being used as a means of transportation on the water, regardless of 
mode of power.
    (2) Patrol Vessel: Vessels designated by the Captain of the Port, 
San Diego, to enforce or assist in enforcing these regulations, 
including Coast Guard, Coast Guard Auxiliary, and San Bernardino County 
Sheriffs Department vessels.
    (c) Regulations. (1) Vessels, with the exception of patrol vessels, 
shall not anchor, moor, loiter in, or otherwise impede the transit of 
any other vessel within the regulated navigation area. Furthermore, all 
vessels, with the exception of patrol vessels, shall expeditiously and 
continuously transit the regulated navigation area via the most direct 
route consistent with navigational safety.
    (2) During periods of vessel congestion within the Copper Canyon 
area, as determined by the Captain of the Port or his designated on-
scene representative, the regulated navigation area will be closed to 
all vessels, with the exception of patrol vessels. During designated 
closure periods, no vessel may enter, remain in, or transit through the 
regulated navigation area with the exception of patrol vessels. 
Designation of periods of vessel congestion and announcement of the 
closure of the regulated navigation area will be conducted by broadcast 
notices to mariners on VHF-FM Channel 16 no less frequently than every 
hour for the duration of the closure period.
    (3) Each person in the regulated navigation area shall comply with 
the directions of the Captain of the Port or his designated on-scene 
representative regarding vessel operation.

    Dated: March 11, 1998.
J.C. Card,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 98-8258 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-15-M