
[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Rules and Regulations]               
[Page 18961-18963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap08-10]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0140]
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 
the Lake Moolvalya region on the navigable waters of the Colorado River 
in Parker, Arizona for the Bluewater Resort and Casino American 
Powerboat Association (APBA) National Tour/Regional Championship. 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 designation 
representative.

DATES: This rule is effective from 6 a.m. to 6 p.m. on May 2, 2008 
through May 4, 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 USCG-2007-0140 and are available for inspection or 
copying at 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 7231). We received no letters commenting on the 
proposed rule. No public hearing was requested, and none was held.

Background and Purpose

    RPM Racing Enterprises is sponsoring the Bluewater Resort and 
Casino APBA National Tour/Regional Championship, which is held on the 
Lake Moolvalya 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. The 
size of the boats varies from eight to 15 feet. Approximately 130 to 
150 boats will participate in this event. The sponsor has provided two 
water rescue and two patrol vessels to patrol this event.

Discussion of Comments and Changes

    No changes will be made to the rule, since no comments were 
received.

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

[[Page 18962]]

Order. The Office of Management and Budget has not reviewed it under 
that Order. It is not ``significant'' under the regulatory policies and 
procedures of the Department of Homeland Security (DHS).
    We expect the impact of this rule to be so minimal that a full 
Regulatory Evaluation is unnecessary. The safety zone is of a limited 
duration, and is limited to a relatively small geographic area. A race 
Patrol Commander will be on-scene and will authorize recreational 
traffic when vessel movement is safe.

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 a portion of the Colorado River, Parker, AZ from 6 
a.m. to 6 p.m. on May 4, 2008. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be in effect for only twelve 
(12) hours in the day for a period of three (3) days. Before the 
effective period, we will submit an inclusion in the Local Notice to 
Mariners (LNM).

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. If your 
small business or organization is affected by this rule, or if you have 
questions concerning its provisions or options for compliance, please 
contact MST3 Kristen Beer, Waterways Management, U.S. Coast Guard 
Sector San Diego at (619) 278-7233.
    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).

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.

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, 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; 50 
U.S.C. 191, 195; 22 CFR

[[Page 18963]]

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 new temporary Sec.  165.T11-261 to read as follows:


Sec.  165.T11-261  Safety Zone; Colorado River, Parker, AZ.

    (a) Location. The Coast Guard proposes to establish a temporary 
safety zone for the Bluewater Resort and Casino APBA National Tour/
Regional Championship. The limits of this proposed temporary safety 
zone would include that portion of the Colorado River from Headgate Dam 
to 0.5 miles north of Bluewater Marine, Parker, AZ.
    (b) Effective Period. This section is effective from 6 a.m. to 6 
p.m. from May 2 through May 4, 2008.
    (c) 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 PATCOM 
may be contacted on VHF-FM Channel 16.

    Dated: March 17, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. E8-7385 Filed 4-7-08; 8:45 am]

BILLING CODE 4910-15-P
