[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Rules and Regulations]
[Pages 54682-54684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22239]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0320]
RIN 1625-AA00


Safety Zone; IJSBA World Finals; Colorado River, Lake Havasu 
City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of Lake Havasu on the lower Colorado River in support of the 
IJSBA World Finals. This 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 October 4, 2008, until 6 
p.m. on October 12, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0320 and are available online at http://www.regulations.gov. This material is also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and the U.S. Coast 
Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Petty Officer Kristen Beer, USCG, Waterways 
Management, U.S.

[[Page 54683]]

Coast Guard Sector San Diego at (619) 278-7233. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On June 11, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; IJSBA World Finals; Colorado River, Lake 
Havasu City, Arizona in the Federal Register (73 FR 33030). We received 
no letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The International Jet Sports Boating Association is sponsoring the 
IJSBA World Finals on Lake Havasu. The event is a circle race 
consisting of 300-500 personal water craft up to 12 feet in length. The 
sponsor will provide four to five perimeter patrol and safety boats for 
this event. This safety zone is necessary to protect human safety of 
the participants, crew, spectators, sponsor vessels, and other users of 
the waterway. This safety zone will protect human safety by limiting 
public access to the area.

Discussion of Comments and Changes

    There are no changes from the preceding NPRM since there were no 
comments made during the allowed period.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 temporary final 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. Specifically, the size and location of the safety zone are 
limited and as such both commercial and recreational will be permitted 
to transit around the zone during the enforcement periods.

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 or operators of vessels intending to transit 
or anchor in the region of Lake Havasu on the lower Colorado River from 
6 a.m. to 6 p.m. from October 4, 2008 through October 12, 2008.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic may pass safely around the safety zone. Before the effective 
period, we will publish a local notice to mariners (LNM) and will issue 
a broadcast notice to mariners (BNM) alerts via marine channel 16 VFH 
before the safety zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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.

[[Page 54684]]

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 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 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 
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 concluded 
under the Instruction 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 checklist 
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, Security measures, and 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 a Sec.  165.T11-035 to read as follows:


Sec.  165.T11-035  Safety zone; IJSBA World Finals; Colorado River, 
Lake Havasu City, AZ.

    (a) Location. The limits of the proposed safety zone are as 
follows: the London Bridge channel at 34[deg]28.49 N, 114[deg]21.33 W, 
then northwest to 34[deg]28.52 N, 114[deg]21.46 W, then southwest to 
34[deg]28.44 N, 114[deg]21.73 W, then south to 34[deg]28.30 N, 
114[deg]21.69 W, and finally following the shoreline east and north to 
34[deg]28.49 N, 114[deg]21.33 W.
    (b) Enforcement Period. This section will be enforced daily from 6 
a.m. to 6 p.m., October 4, 2008 through October 12, 2008. If the event 
concludes prior to the scheduled termination time, the Captain of the 
Port will cease enforcement of this safety zone and will announce that 
fact via Broadcast Notice to Mariners.
    (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.
    (d) Regulations. (1) 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 representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the designated 
representative at Patrol Commander (PATCOM). The PATCOM may be 
contacted on 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: September 11, 2008.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E8-22239 Filed 9-22-08; 8:45 am]
BILLING CODE 4910-15-P