Ports and waterways safety: Copper Canyon, Lake Havasu, Colorado River; regulated navigation area,
[Federal Register: July 16, 1998 (Volume 63, Number 136)]
[Rules and Regulations]
[Page 38307-38308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy98-15]
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.
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]
-
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.
-
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. 98-18948Filed7-15-98; 8:45 am]
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