[Federal Register Volume 68, Number 192 (Friday, October 3, 2003)]
[Rules and Regulations]
[Pages 57368-57370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25046]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 03-027]
RIN 1625-AA00


Safety Zone; Crazy Horse Campground, 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 
Lake Havasu, Arizona in support of the International Jet Sports Boating 
Association World Finals, known locally as Skat Trak 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 safety zone 
unless authorized by the Captain of the Port, or his designated 
representative.

DATES: This rule is effective from 7 a.m. (PDT) October 5, 2003 until 6 
p.m. (PDT) October 12, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP San Diego 03-027] 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, telephone (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 an NPRM. Final approval and permitting 
of this event were not issued in time to engage in full notice and 
comment rulemaking. Publishing an 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 International Jet Sports Boating Association is sponsoring the 
Skat Trak World Finals, which is held at the Crazy Horse Campgrounds, 
Lake Havasu City, AZ. This temporary safety zone is established in 
support of the Skat Trak World Finals, a marine event that includes 
participating vessels racing along an established and marked course on 
Lake Havasu, AZ. This temporary safety zone is necessary to provide for 
the safety of the crews, spectators, and participants of the Skat Trak 
World Finals and is also necessary to protect other vessels and users 
of the waterway.

Discussion of Rule

    The Coast Guard proposes to establish one safety zone that will be 
enforced from 7 a.m. (PDT) to 6 p.m. (PDT) from October 5, 2003 to 
October 12, 2003. This safety zone is necessary to provide for the 
safety of the crews, spectators, and participants of the Skat Trak 
World Finals 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.
    The limits of this temporary safety zone are from a point on land 
beginning at 32[deg]28'18'' N, 114[deg]21'04'' W, thence northerly to a 
point 34[deg]28'06'' N, 114[deg]21'55'' W, thence easterly to a point 
34[deg]28'05'' N, 114[deg]21'02'' W, thence southerly along the 
shoreline to the point of origin.

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 Homeland 
Security (DHS). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The safety 
zone is of a limited duration, only eleven (11) hours per day for a 
period of eight (8) days, and is limited to a relatively small 
geographic area.

[[Page 57369]]

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. The security zone will affect the following entities some of 
which may be small entities: the owners and operators of pleasure craft 
engaged in recreational activities and sightseeing. This safety zone 
would not have a significant economic impact on a substantial number of 
small entities for several reasons: vessel traffic can pass safely 
around the area, vessels engaged in recreational activities have ample 
space outside of the safety zone to engage in these activities, and 
this safety zone is limited in scope and duration as it is only in 
effect for only eleven (11) hours per day for a period of eight (8) 
days, from October 5, 2003 to October 12, 2003. In addition the Coast 
Guard will publish local notice to mariners (LNM) before the safety 
zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), 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. If your 
small business or organization is affected by this rule and you have 
questions concerning its provisions or options for compliance, please 
contact Lieutenant Commander Rick Sorrell, U.S. Coast Guard Marine 
Safety Office San Diego at (619) 683-6495.
    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. 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.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because we are establishing a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' will be available in the docket 
where indicated under ADDRESSES.

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; 50 
U.S.C. 191; 33 CFR 1.05-1(g), 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 new Sec.  165.T11-045 to read as follows:


Sec.  165.T11-045  Safety Zone; Crazy Horse Campground, Lake Havasu, 
Arizona.

    (a) Location. The limits of this temporary safety zone are from a 
point on land beginning at 32[deg]28'18'' N, 114[deg]21'04'' W, thence 
northerly to a

[[Page 57370]]

point 34[deg]28'06'' N, 114[deg]21'55'' W, thence easterly to a point 
34[deg]28'55'' N, 114[deg]21'02'' W, thence southerly along the 
shoreline to the point of origin.
    (b) Enforcement dates. This safety zone will be enforced from 7 
a.m. (PDT) to 6 p.m. (PDT), daily, from October 5, 2003 through October 
12, 2003. 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 Coast Guard designated representative.

    Dated: September 24, 2003.
Stephen P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-25046 Filed 10-2-03; 8:45 am]
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