[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Proposed Rules]
[Pages 75980-75983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29579]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0867]
RIN 1625-AA00


Safety Zone; Desert Storm Exhibition Run; Lake Havasu, Lake 
Havasu City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a temporary safety zone 
within the Thompson Bay region of the navigable waters of the Colorado 
River in Lake Havasu, Lake Havasu City, Arizona in support of the 
Desert Storm Exhibition Run. This temporary safety zone is would 
provide for the safety of the participants, crew, spectators, 
participating vessels and 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.

DATES: Comments and related material must reach the Coast Guard on or 
before January 14, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-0867 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.

[[Page 75981]]

    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (5) Fax: 202-493-2251.
    To avoid duplication, please use only one of these methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Petty Officer Shane Jackson, USCG, Waterways Management, 
U.S. Coast Guard Sector San Diego at (619) 278-7262. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0867), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. You may submit your comments and material online, or by fax, 
mail or hand delivery, but please use only one of these means. We 
recommend that you include your name and a mailing address, an e-mail 
address, or a phone number in the body of your document so that we can 
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-0867'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2008-0867 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit 
either the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays; or the Coast Guard 
Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1028 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act, system of 
records notice regarding our public dockets in the January 17, 2008 
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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

    Lake Racer LLC is sponsoring the Desert Storm Exhibition Run. The 
event is an Exhibition Run consisting of up to 250 powerboats ranging 
from 21 to 55 feet in length. The sponsor will provide 2 water rescue 
boats and 20 perimeter boats for this event. This safety zone is 
necessary to provide for the safety of the participants, crew, 
spectators, sponsor vessels, and other users of the waterway.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone that will be 
enforced from 8 a.m. to 5:30 p.m. on April 24, 2009 thru April 26, 
2009. This safety zone is necessary to provide for the safety of the 
crews, spectators, and participants of the 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. The limits of this temporary safety zone are 
enclosed by the following coordinates 34[deg]27.81N, 114[deg]20.90W; 
34[deg]26.24N, 114[deg]19.28W; 34[deg]26.49N, 114[deg]18.99W. The Coast 
Guard may be assisted by the other federal, state, or local agencies, 
including the Coast Guard Auxiliary. Vessel or persons violating this 
section will be subject to both criminal and civil penalties.

Regulatory Analyses

    We developed this proposed 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 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.
    This determination is based on the size and location of the safety 
zone within the water. Commercial vessels will not be hindered by the 
safety zone, as they will be able to transit safely around the 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 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 proposed 
rule would not have a significant economic

[[Page 75982]]

impact on a substantial number of small entities. This rule would 
affect the following entities, some of which might be small entities: 
The owners or operators vessels intending to transit a portion of the 
Colorado River from 8 a.m. to 5:30 p.m. on April 24, 2009 through April 
26, 2009.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: vessel 
traffic can pass safely around the zone. Before the enforcement period, 
the Coast Guard will submit an inclusion into the Local Notice to 
Mariners (LNM) that will be available to the users of the river. 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 Petty Officer Shane Jackson, 
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 
278-7262. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed 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 Department of Homeland 
Security Management Directive 5100.1 and Commandant Instruction 
M16475.lD, 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 under the Instruction that this 
action is not likely to have a significant effect on the human 
environment. An environmental analysis checklist supporting this 
preliminary determination is available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


[[Page 75983]]


    2. Add temporary Sec.  165.T11-121 to read as follows: Sec.  
165.T11-121 Safety Zone; Desert Storm Exhibition Run; Lake Havasu City, 
Lake Havasu, AZ.
    (a) Location. All waters of Thompson Bay on the Colorado River and 
land adjacent to those waters enclosed by the following coordinates 
34[deg]27.81N, 114[deg]20.90W; 34[deg]26.24N, 114[deg]19.28W; 
34[deg]26.49N, 114[deg]18.99W.
    (b) Enforcement Period. This safety zone will be enforced from 8 
a.m. to 5:45 p.m. on April 25, 2009 and April 26, 2009. If the need for 
the safety zone ends before the scheduled termination times, the 
captain of the port will cease enforcement of this safety zone.
    (c) Definitions. (1) Designated representative, Any Commissioned, 
Warrant, or Petty Officer of the Coast Guard on board Coast Guard, 
Coast Guard Auxiliary or local, state, and federal law enforcement 
vessels who have been authorized to act on the behalf of the Captain of 
the Port San Diego.
    (2) Coast Guard Patrol Commander. A Commissioned, Warrant, or Petty 
Officer who will be designated by the Captain of the Port San Diego.
    (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 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 Coast Guard 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 Captain of the Port or the designated representative.
    (4) Upon being hailed by the Coast Guard Patrol personnel, by 
siren, radio, flashing light or other means, the operator of the vessel 
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: November 21, 2008.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. E8-29579 Filed 12-12-08; 8:45 am]
BILLING CODE 4910-15-P