[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Rules and Regulations]
[Pages 38307-38308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18948]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing 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: Effective August 17, 1998.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Greg Nelson, U.S. Coast Guard Marine Safety Office;
telephone number (619) 683-6492.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 2, 1998, the Coast Guard published a notice of proposed
rulemaking (NPRM) for this regulation in the Federal Register (63 FR
16181-16182). The comment period ended June 1, 1998. The Coast Guard
received no comments on the proposal. A public hearing was not
requested and no hearing was held.
Discussion of Rule
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. This RNA will effectively provide an emergency access
lane for law enforcement and other emergency services officials. This
land will significantly enhance public safety by allowing quicker
emergency response time.
Vessels using Copper Canyon, other than designated patrol vessels,
are 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 land via the most direct route consistent with navigational
safety. At times of heavy congestion, however, designated by periodic
Coast Guard Broadcast Notices to Mariners on VHF-FM Channel 16, the
emergency access land 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 land
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.
Discussion of Comments
No comments were received.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require assessment
of potential costs 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
regulation to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of the
Department of Transportation is unnecessary, because use of the Copper
Canyon by both recreational and commercial vessels will not be
precluded by this regulation; nor will such use be more nominally
affected.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include small businesses and not-for-profit
[[Page 38308]]
organizations that are not dominant in their fields and governmental
jurisdictions with populations less than 50,000.
Because it expects the impact of this rule to be so minimal, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
substantial impact on a significant number of small entities.
Collection of Information
This rule 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 regulation under the principles
and criteria in Executive Order 12612 and has determined that this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under paragraph 2.B.2 of Commandant
Instruction M16475.1c, Figure 2-1, paragraph (34)(g), it will have no
significant environmental impact and it is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are included in the
docket maintained at the address listed in ADDRESSES.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected.
No state, local, or tribal government entities will be effected by
this rule, so this rule will not result in annual or aggregate costs of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Act.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measure, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR 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.25'67.6''N, longitude 114 deg.18'38.5''W, thence southwesterly
to latitude 34 deg.25'64''N, longitude 114 deg.18'45.7''W, thence
northwesterly to latitude 34 deg.25'65.6''N, longitude
114 deg.18'46.7''W, thence southeasterly to latitude 34 deg.25'60.7''N,
longitude 114 deg.18'42.7''W, thence southwesterly to longitude
34 deg.25'51.4''N, latitude 114 deg.18'46.2''W, thence southeasterly to
latitude 34 deg.25'47.1''N, longitude 114 deg.18'49.4''W, thence to the
end of the navigable waters of the canyon.
(b) Definitions. For the purposes of this section:
(1) Vessel: Every description of watercraft, used or capable of
being used as a means of transportation on the water, and 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
Sheriff's 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 vessels congestion within the Copper Canyon
area, as determined by the Captain of the Port or his or her 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 or her designated on-
scene representative regarding vessel operation.
Dated: June 25, 1998.
R.D. Sirois,
Captain, U.S. Coast Guard Commander, Eleventh Coast Guard District
Acting.
J.C. Card,
Vice Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard
District.
[FR Doc. 98-18948 Filed 7-15-98; 8:45 am]
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