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Safety Zone; Blue Water Resort and Casino 60th Thanksgiving Regatta, Colorado River, Parker, AZ
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[Federal Register: August 31, 2006 (Volume 71, Number 169)]
[Proposed Rules]
[Page 51788-51790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au06-23]
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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