[Federal Register Volume 67, Number 213 (Monday, November 4, 2002)]
[Rules and Regulations]
[Pages 67110-67111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27993]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 02-023]
RIN 2115-AA97


Safety Zone; Lake Moovalya, Colorado River, Parker, AZ

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
the Lake Moovalya Region on the navigable waters of the Colorado River 
for the Bluewater Casino and Resort Thanksgiving Regatta. This 
temporary safety zone is necessary to provide for the safety of the 
participants, crew, spectators, sponsor vessels of the race, and to 
protect participating vessels. This temporary safety zone is also 
necessary 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 designated representative.

DATES: This rule is effective from 6 a.m. (PST) on November 29, 2002, 
to 6 p.m. (PST) on December 1, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (COTP San Diego 02-023) and are available 
for inspection or copying at Marine Safety Office San Diego, 2716 N. 
Harbor Drive, San Diego, CA 92101-1064 between 8 a.m. and 4 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, at (619) 683-6495.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. Final approval and permitting 
of this event were not issued in time to engage in full notice and 
comment rulemaking. Publishing a NPRM and delaying the effective date 
would be contrary to the public interest since the event would occur 
before the rulemaking process was complete.
    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. In addition to the reasons stated 
above, it would be contrary to the public interest not to publish this 
rule because the event has been permitted and participants and the 
public require protection.

Background and Purpose

    The Southern California Speedboat Club is sponsoring the Bluewater 
Resort and Casino Thanksgiving Regatta, which is held on the Lake 
Moovalya region of Parker, AZ. This temporary safety zone is necessary 
to provide for the safety of the participants, crew, spectators, 
sponsor vessels, and to protect participating vessels of the Bluewater 
Casino and Resort Thanksgiving Regatta. This temporary safety zone is 
also necessary to protect other vessels and users of the waterway.

Discussion of Rule

    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.
    The Coast Guard proposes to establish one safety zone that will be 
enforced everyday from 6 a.m. (PST) to 6 p.m. (PST) from November 29, 
2002, to December 1, 2002. This safety zone is necessary to provide for 
the safety of the crews, spectators, and participants of the Bluewater 
Resort and Casino Thanksgiving Regatta and to protect 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 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). We expect the economic impact of 
this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary because of its limited duration of 12 hours per day for a 
period of three days and the limited geographic scope of the safety 
zone.

[[Page 67111]]

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 because this safety zone is limited in scope and duration (in 
effect for only 12 hours per day for a period of three days, from 
November 29, 2002, to December 1, 2002). In addition the Coast Guard 
will publish local notice to mariners (LNM) before the safety zone is 
enforced.

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 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 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. 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 proposing to establish 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, and 160.5; 49 CFR 1.46.

    2. Add new Sec.  165.T11-035 to read as follows:


Sec.  165.T11-035  Safety Zone; Lake Moovalya, 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) Effective dates. This safety zone will be in effect from 6 a.m. 
(PST) on November 29, 2002, to 6 p.m. (PST) on December 1, 2002. 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) 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 (PATCOM). The Patrol 
Commander may be contacted via VHF-FM channel 16.

    Dated: October 21, 2002.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 02-27993 Filed 11-1-02; 8:45 am]
BILLING CODE 4910-15-P