[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Rules and Regulations]
[Pages 20173-20175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7937]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0145]
RIN 1625-AA00


Safety Zone; Colorado River, Parker, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
in the Lake Moolvalya region on the navigable waters of the Colorado 
River in Parker, Arizona for the Bluewater Resort and Casino `Spring 
Classic' Boat Race. 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 6 a.m. on April 11, 2008, through 6 
p.m on April 13, 2008.

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 CG-2007-0145 and are available for inspection or 
copying at U.S. Coast Guard Sector San Diego, 2710 N. 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: MST3 Kristen Beer, Waterways 
Management, U.S. Coast Guard Sector San Diego, CA at (619) 278-7233.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 7, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; Colorado River, Parker, AZ in the Federal 
Register (73 FR 7229). We received no comments on the proposed rule. No 
public hearing was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
Delaying this rule would be contrary to the public interest of ensuring 
the safety of spectators and vessels during this event and immediate 
action is necessary to prevent possible loss of life or property.

Background and Purpose

    The Southern California Speedboat Club is sponsoring the Bluewater 
Resort and Casino `Spring Classic' Boat Race, which is held on the Lake 
Moolvalya region on the Colorado River in Parker, Arizona. 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. 
The size of the boats varies from 12 to 22 feet. Approximately 85 boats 
will participate in this event. The sponsor will provide two water 
rescue and two patrol vessels to patrol this event.

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. 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 be hindered by the safety zone. 
Recreational vessels will not be allowed 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 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. This rule 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 in a portion of the 
Lower Colorado River from 6 a.m. on April 11, 2008, through 6 p.m. on 
April 13, 2008. This safety zone will not have a significant economic 
impact on a substantial number of small entities because the rule will 
be in effect for only 12 hours for a period of three (3) days. Before 
the effective period, we will submit an inclusion in the Local Notice 
to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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.

[[Page 20174]]

    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). 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 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 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 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.

Technical Standard

    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.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
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, 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, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add new Sec.  165.T11-001 to read as follows:


Sec.  165.T11-001  Safety Zone; 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) Enforcement Period. This safety zone will be enforced each day 
from 6 a.m. to 6 p.m. from April 11, 2008, through April 13, 2008. 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) Definitions. The following definition applies to this section: 
Designated representative, means any commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, State, and Federal law enforcement vessels who 
have been authorized to act on the behalf of the Captain of the Port, 
New York.
    (d) Regulations. (1) 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

[[Page 20175]]

by the Captain of the Port, or his designated representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Patrol Commander. The 
Patrol Commander may be contacted via VHF-FM channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall proceed as directed.
    (5) The Coast Guard may be assisted by other Federal, State, or 
local agencies.

    Dated: March 17, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. E8-7937 Filed 4-14-08; 8:45 am]
BILLING CODE 4910-15-P