[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Proposed Rules]
[Pages 16181-16182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8258]
[[Page 16181]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD11-97-010]
RIN 2115-AE84
Regulated Navigation Area: Copper Canyon, Lake Havasu, Colorado
River
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a Regulated Navigation
Area (RNA) within the Copper Canyon, Lake Havasu region on the waters
of the Colorado River. This action is necessary because the Coast Guard
has determined that the extremely heavy traffic of recreational vessels
in this area, particularly during peak holiday periods, creates
conditions hazardous to navigation and causes vessels carrying law
enforcement and emergency medical personnel to be unable to access the
area. This RNA will establish an access lane to enhance navigation
safety and to permit law enforcement and emergency response officials
to reach all areas of Copper Canyon and provide services.
DATES: Comments must be received on or before June 1, 1998.
ADDRESSES: Comments may be mailed to Lieutenant Michael A. Arguelles,
Coast Guard Marine Safety Office, 2716 North Harbor Drive, San Diego,
CA 92101-1064. The Captain of the Port maintains the public docket for
this rulemaking. Comments will become part of this docket and will be
available for inspection at the Marine Safety Office at the address
listed above.
FOR FURTHER INFORMATION CONTACT: Lieutenant Michael A. Arguelles, Coast
Guard Marine Safety Office San Diego; telephone number (619) 683-6484.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this proposed rulemaking by submitting written data, views, or any
other materials. Persons submitting comments should include their names
and addresses, identify this rulemaking (CGD11-97-010) and the specific
section of the proposal to which each comment applies, and give the
reason for each comment. The Coast Guard requests that all comments and
attachments be submitted in an unbound format suitable for copying and
electronic filing. If not practical, a second copy of any bound
materials is requested. Persons wanting acknowledgment of receipt of
comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the comment
period and may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Project Manager at the address listed
in ADDRESSES. The request should include reasons why a hearing would be
beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal person involved in drafting this document are
Lieutenant Michael A. Arguelles, Project Manager, Marine Safety Office
San Diego and Lieutenant (junior grade) Derek A. D'Orazio, Project
Attorney, Coast Guard Maintenance and Logistics Command Pacific.
Background and Purpose
In the past, emergency medical and law enforcement personnel have
had difficulty getting through the severe congestion of recreational
boats in Copper Canyon. This hazardous condition has become a major
public safety concern, particularly during holidays and other times of
heavy congestion. The RNA defined in this proposal will effectively
provide an emergency access lane for law enforcement and other
emergency services officials. This lane will significantly enhance
public safety by allowing quicker emergency response time.
Vessels using Copper Canyon, other than designated patrol vessels,
will be prohibited from anchoring, mooring, loitering in, or otherwise
impeding the transit of any other vessel within the emergency access
lane. These non-patrol vessels shall expeditiously and continuously
transit the lane via the most direct route consistent with navigational
safety. At times of heavy congestion, however, designated by periodic
Coast Guard Notices to Mariners on VHF-FM Channel 16, the emergency
access lane will be closed to all traffic other than designated patrol
vessels, and no entry will be permitted by any recreational or
commercial vessel except with the express permission of the Captain of
the Port or his designated representative.
The geographic description of the emergency access lane
constituting this RNA is as follows: beginning at the approximate
center of the mouth of Copper Canyon and drawing a line down the
approximate center of the canyon extending shoreward to the end of the
navigable waters of the canyon, and comprising a semi-rectangular area
extending 30 feet on each side of the line, for a total semi-
rectangular width of 60 feet.
This line is more precisely described as: beginning at latitude
34 deg.25'42''N, longitude 114 deg.18'26''W, thence southwesterly to
latitude 34 deg.25'38''N, longitude 114 deg.18'26''W, thence
southwesterly to latitude 34 deg.25'37''N, longitude 114 deg.18'26''W,
thence southwesterly to latitude 34 deg.25'34''N, longitude
114 deg.18'26''W, thence southwesterly to latitude 34 deg.25'33''N,
longitude 114 deg.18'28''W, thence southwesterly to latitude
34 deg.25'29''N, longitude 114 deg.18'29''W, thence to the end of the
navigable waters of the canyon.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential cost and benefits under section 6(a)(3) of that Order. It has
been exempted from review by the Office of Management and Budget under
that Order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the Department of Transportation regulatory policies
and procedures unnecessary, because use of Copper Canyon by both
recreational and commercial vessels will not be precluded by this
regulation; nor will such use be more than nominally affected.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal would have significant
impact on a substantial number of small entities. ``Small entities''
include independently owned and operated small businesses that are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).
The Coast Guard expects the economic impact of the proposal to be
minimal on all entities since use of Copper Canyon will not be
precluded and will only be
[[Page 16182]]
nominally affected. Because it expects the impact of this proposal to
be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposal, if adopted, will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist has been prepared
and placed in the rulemaking docket, and will be available for
inspection and copying at the address listed in ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes
to amend Title 33, Code of Federal Regulations Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. A new section 165.1115 is added to read as follows:
Sec. 165.1115 Copper Canyon, Lake Havasu, Colorado River--Regulated
Navigation Area.
(a) Location. The following is a regulated navigation area: (1) In
the water area of Copper Canyon, Lake Havasu, Colorado River, beginning
at the approximate center of the mouth of Copper Canyon and drawing a
line down the approximate center of the canyon extending shoreward to
the end of the navigable waters of the canyon, and comprising a semi-
rectangular area extending 30 feet on each side of the line, for a
total semi-rectangular width of 60 feet. (2) This line is more
precisely described as: beginning at latitude 34 deg.25'42''N,
longitude 114 deg.18'26''W, thence southwesterly to latitude
34 deg.25'38''N, longitude 114 deg.18'26''W, thence southwesterly to
latitude 34 deg.25'37''N, longitude 114 deg.18'26''W, thence
southwesterly to latitude 34 deg.25'34''N, longitude 114 deg.18'26''W,
thence southwesterly to latitude 34 deg.25'33''N, longitude
114 deg.18'28''W, thence southwesterly to latitude 34 deg.25'29''N,
longitude 114 deg.18'29''W, thence to the end of the navigable waters
of the canyon. All coordinates use Datum: NAD83.
(3) The semi-rectangular area shall extend 30 feet on each side of
this line, for a total semi-rectangular width of 60 feet.
(b) Definitions. For the purpose of this section:
(1) Vessel: Every description of watercraft, used or capable of
being used as a means of transportation on the water, regardless of
mode of power.
(2) Patrol Vessel: Vessels designated by the Captain of the Port,
San Diego, to enforce or assist in enforcing these regulations,
including Coast Guard, Coast Guard Auxiliary, and San Bernardino County
Sheriffs Department vessels.
(c) Regulations. (1) Vessels, with the exception of patrol vessels,
shall not anchor, moor, loiter in, or otherwise impede the transit of
any other vessel within the regulated navigation area. Furthermore, all
vessels, with the exception of patrol vessels, shall expeditiously and
continuously transit the regulated navigation area via the most direct
route consistent with navigational safety.
(2) During periods of vessel congestion within the Copper Canyon
area, as determined by the Captain of the Port or his designated on-
scene representative, the regulated navigation area will be closed to
all vessels, with the exception of patrol vessels. During designated
closure periods, no vessel may enter, remain in, or transit through the
regulated navigation area with the exception of patrol vessels.
Designation of periods of vessel congestion and announcement of the
closure of the regulated navigation area will be conducted by broadcast
notices to mariners on VHF-FM Channel 16 no less frequently than every
hour for the duration of the closure period.
(3) Each person in the regulated navigation area shall comply with
the directions of the Captain of the Port or his designated on-scene
representative regarding vessel operation.
Dated: March 11, 1998.
J.C. Card,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 98-8258 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-15-M
