[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Rules and Regulations]
[Pages 20913-20914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10469]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 02-009]
RIN 2115-AA97


Safety Zone; California and Arizona Border on the Colorado River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Colorado River between California and Arizona. 
This safety zone will be established to close a portion of the Colorado 
River for an exercise conducted by the United States Marine Corps. 
Persons and vessels will be restricted from entering into, transiting 
through, or anchoring within this safety zone, unless authorized by the 
Captain of the Port, the Imperial County Sheriff or the La Paz County 
Sheriff.

DATES: This rule is effective from 6 a.m. (MST) April 18 through 6 p.m. 
May 1, 2002.

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 [COTP San Diego 02-009] and are available for 
inspection or copying at Marine Safety Office San Diego, 2716 North 
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: Petty Officer Austin Murai, USCG, c/o 
U.S. Coast Guard Captain of the Port, telephone (619) 683-6495.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause exists 
for not publishing an NPRM. Publishing an NPRM would be contrary to 
public policy because immediate action is needed to protect mariners 
from potential hazards associated with the Marine Corps' exercises. The 
final schedule for this event was not finalized and communicated to the 
Coast Guard in sufficient time to allow for a comment period.
    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. Information regarding the precise 
location and other logistical details surrounding the event were not 
provided until a date fewer than 30 days before the event. Delaying the 
effective date of this rule would be contrary to the public interest 
and would not allow the Coast Guard to aid in maintaining the safety of 
the exercise participants and users of the waterway.

Background and Purpose

    This safety zone is necessary to close a portion of a navigable 
waterway for an exercise conducted by the U.S. Marine Corps on the 
Colorado River between Yuma, Arizona and Blythe, California. This event 
will take place April 18-19, 22-26, 29-30, 2002 and May 1, 2002 from 6 
a.m. to 6 p.m. (MST). This exercise will include the placement of a 
temporary bridge linking the California side to the Arizona side of the 
river, the transportation of military equipment, and the movement of 
Marine Corps personnel.
    The safety zone includes a 400-yard radius around the following 
coordinate: 33 deg.22'49" N and 114 deg.42'22" W. The closure of this 
section of the Colorado River is necessary to prevent vessel traffic 
from transiting near the Marine Corps exercise and transiting under the 
temporary bridge. This temporary safety zone is also necessary to 
provide for the safety of the Marine Corps personnel, military 
equipment, and the temporary bridge and also to protect 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 representative.

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. 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 rule to be so minimal that a full Regulatory 
Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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. The exercise will be located in Cibola National Wildlife 
Refuge, which should not affect any small entities, and the Coast Guard 
is unfamiliar with any commercial vessel traffic that transits through 
this section of the Colorado River.

Assistance for Small Entities

    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 and have 
determined that this rule 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.

[[Page 20914]]

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 concern 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation, because we are establishing a safety zone. 
A ``Categorical Exclusion Determination'' is available in the docket 
for inspection or copying where indicated under ADDRESSES.

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


    2. From 6 a.m. April 18, 2002 through 6 p.m. May 1, 2002, add new 
Sec. 165.T11-041 to read as follows:


Sec. 165.T11-041  Safety Zone: Colorado River between Yuma, Arizona and 
Blythe, California.

    (a) Location. The safety zone consists of the navigable waters of 
the Colorado River, between Yuma, Arizona and Blythe, California, 
enclosed by a 400-yard radius of the following coordinate: 
33 deg.22'49" N and 114 deg.42'22" W.
    (b) Effective Dates. This safety zone will be enforced from 6 a.m. 
to 6 p.m. (MST) on the following dates: April 18 through 19, April 22 
through 26, April 29 through 30, 2002 and May 1, 2002. If the event 
concludes prior to the scheduled termination time, the United States 
Marine Corps, La Paz County Sheriff or Imperial County Sheriff will 
cease enforcement of this safety zone.
    (c) Regulations. 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 by the 
Captain of the Port, or his designated representative. Mariners 
requesting permission to transit through the safety zone may request 
authorization to do so from the Patrol Commander, Captain Callanan, 
USMC, who may be contacted via cell phone at (909) 763-0066.

    Dated: April 9, 2002.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 02-10469 Filed 4-26-02; 8:45 am]
BILLING CODE 4910-15-U