[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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