[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Proposed Rules]
[Pages 51788-51790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14498]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 06-055]
RIN 1625-AA00


Safety Zone; Blue Water Resort and Casino 60th Thanksgiving 
Regatta, Colorado River, Parker, AZ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
within the Lake Moovalya Region on the navigable waters of the Colorado 
River in Parker, Arizona for the Blue Water Resort and Casino 60th 
Thanksgiving Regatta. This temporary safety zone is necessary to 
provide for the safety of the participants, crew, spectators, sponsor 
vessels of the race, and general 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 on-scene representative.

DATES: Comments and related material must reach the Coast Guard on or 
before October 2, 2006.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Sector San Diego, Waterways Management, 2710 N. Harbor Drive, San 
Diego, CA 92101-1064. Waterways Management maintains the public docket 
for this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at Waterways Management between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jos[eacute] 
Caballero, USCG, c/o U.S. Coast Guard Captain of the Port, at (619) 
278-7277.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking COTP San 
Diego 06-055, indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. Please 
submit all comments and related material in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Waterways Management at the address 
under ADDRESSES explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The Southern California Speedboat Club is sponsoring the Blue Water 
Casino and Resort 60th Thanksgiving Regatta, which is held on the Lake 
Moovalya region on the Colorado River in Parker, AZ. This temporary 
safety zone is necessary to provide for the safety of the participants, 
crew, spectators, sponsor vessels, and other users of the waterway.
    This event involves powerboats racing along a circular track in the 
Lake Moovalya region of the Colorado River. The size of the boats 
varies from 11 to 21 feet. Approximately sixty to eighty boats will 
participate in this event. The sponsor has provided two (2) water 
rescue and three (3) patrol vessels to patrol this event.

Discussion of Proposed Rule

    The proposed temporary safety zone would be comprised of the 
following area: that portion of the navigable waterway of Lake Moovalya 
from Headgate Dam to 0.5 nautical miles north of Blue Water Marina, 
Parker, Arizona.
    The Coast Guard proposes to establish one (1) safety zone that will 
be enforced from 6 a.m. to 6 p.m. from November 24, 2006 through 
November 26, 2006. This safety zone is necessary to provide for the 
safety of the crews, spectators, and participants of the Blue Water 
Casino and Resort 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 on-
scene representative.
    U.S. Coast Guard personnel will enforce this safety zone. The Coast 
Guard may be assisted by other Federal, State, or local agencies, 
including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code 
of Federal Regulations, prohibits any unauthorized person or vessel 
from entering or remaining in a safety zone. Vessels or persons 
violating this section will be subject to both criminal and civil 
penalties.

Regulatory Evaluation

    This proposed 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 safety 
zone. Commercial vessels will not be hindered by the safety zone. 
Recreational vessels will not be allowed

[[Page 51789]]

to transit through the designated safety zone during the specified 
times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 safety 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 
will not have a significant economic impact on a substantial number of 
small entities because this safety zone is limited in scope and 
duration (it would be in effect for only twelve (12) hours per day for 
a period of three (3) days, from November 24, 2006 though November 26, 
2006). Furthermore, the Coast Guard will publish local notice to 
mariners (LNM) before the safety zone is enforced.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Junior Grade Jose 
Caballero, Waterways Management U.S. Coast Guard Sector San Diego at 
(619) 278-7277. 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 proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. Paragraph 
(34)(g) of the Instruction would apply because this rule would 
establish a safety zone.

[[Page 51790]]

    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether the 
rule should be categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 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. 0170.1.2.

    2. A new temporary Sec.  165.T11-113 is added to read as follows:


Sec.  165.T11-113  Safety Zone; Lake Moovalya, Colorado River, Parker, 
AZ.

    (a) Location. The Coast Guard proposes to establish a temporary 
safety zone for the Bluewater Resort and Casino 60th Thanksgiving 
Regatta. The limits of this proposed temporary safety zone would 
include that portion of the Colorado River from Headgate Dam to 0.5 
nautical miles north of Bluewater Marina, Parker, Arizona.
    (b) Effective Period. This section is effective from 6 a.m. to 6 
p.m. from November 24, 2006 through November 26, 2006.
    (c) Definitions. The following definitions apply to this section: 
Designated on-scene representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers, and other officers 
operating Coast Guard vessels, and Federal, State, and local officers 
designated by or assisting the Captain of the Port (COTP), San Diego, 
CA, in the enforcement of regulated navigation areas and safety and 
security zones.
    (d) Regulations. 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 on-scene 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 on VHF-FM Channel 16.

    Dated: August 15, 2006.
R.E. Walker,
Commander, U.S. Coast Guard, Captain of the Port, Acting.
 [FR Doc. E6-14498 Filed 8-30-06; 8:45 am]
BILLING CODE 4910-15-P