Special Local Regulation; Laughlin, Nevada

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11-97-004]

RIN 2115-AE46

Special Local Regulation; Laughlin, Nevada

AGENCY: Coast Guard, DOT.

ACTION: Final Rule.

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SUMMARY: The Coast Guard amends the table of events in 33 CFR 100.1102

by adding the Laughlin Aquamoto Sports Challenge and Expo being

conducted in the waters of the Colorado River from Davis Dam south to

Harrah's Hotel and Casino on the following dates: annually, commencing

on the last Thursday of May every year, and lasting a total of 4 days,

ending on Sunday. These regulations are necessary to provide for the

safety of life, property, and navigation on the navigable waters of the

United States during scheduled events.

EFFECTIVE DATE: May 28, 1998.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Mike A. Arguelles, Coast Guard Marine Safety Office San

Diego; telephone number (619) 683-6484.

SUPPLEMENTARY INFORMATION:

Regulatory History

On March 27, 1997, the Coast Guard published a notice of proposed

rulemaking (NPRM) for this regulation in the Federal Register (62 FR

14379). The comment period ended May 10, 1997. The Coast Guard received

one letter commenting on the proposal. A public hearing was not

requested and no hearing was held. The only change the Coast Guard has

made to the language of this regulation since the publication of the

NPRM is to specify a more certain date and time schedule for the annual

Laughlin Aquamoto Sports Challenge and Expo.

Background and Purpose

The Laughlin Aquamoto Sports Challenge and Expo will consist of

five various styles of watercraft racing. The races will take place,

annually, over a four day period beginning on the last Thursday of May,

and ending on Sunday. These regulations are necessary to provide for

the safety of life, property, and navigation on the navigable waters of

the United States during scheduled events. The race zone encompasses

the Colorado River from the Davis Dam south to Harrah's Hotel and

Casino. The race courses will be marked by vessels with signs, and both

north and south boundaries of the race zone will have major signs to

alert non-participants using the river. On the following days and

times, the race zone will be in use by vessels competing in the event:

(1) the first day of the event, the last Thursday of each May each

year, from 3:00 PM PDT to 5:00 PM PDT, (2) the second day of the event,

Friday, from 8:00 AM PDT to 2:00 PM PDT, and from 3:30 PM PDT to 6:00

PM PDT, (3) the third day of the event, Saturday, from 8:00 AM PDT to

1:30 PM PDT, and from 4:00 PM PDT to 5:00 PM PDT; and, (4) the fourth

and final day of the event, Sunday, from 9:00 AM PDT to 1:30 PM PDT,

from 3:00 PM PDT to 4:00 PD PDT, and from 6:00 PM PDT to 7:00 PM PDT.

During these times the Colorado River from Davis Dam south to Harrah's

Hotel and Casino will be closed with the exception of emergency

vessels. No vessels other than participants or official patrol vessels

will be allowed to enter this zone unless specifically cleared by or

through an official patrol vessel. Once the zone is established,

authorization to remain within the zone is subject to termination at

any time.

The Patrol Commander may impose other restrictions within the zone

if circumstances dictate. Restrictions will be tailored to impose the

least impact on maritime interests yet provide the level of security

deemed necessary to safely conduct the Aquamoto and Expo.

Discussion of Comments

The only comment received was from a local business that sought

notice of the exact date of the event. The comment also expressed

concern that closure of the area of the Colorado River specified in the

NPRM for an entire Saturday afternoon in May or June might prejudice

business; suggested that the river be open for unrestricted use on

Saturday afternoon from 1 p.m. PDT until Sunday morning. The language

of this Final Rule provides the public with more specific notice of the

date and time schedule for the annual Laughlin Aquamoto Sports

Challenge and Expo. It also alleviates the concern that the river not

be closed for an entire Saturday afternoon, because on Saturday, the

river will be open from 1:30 P.M. PDT to 4 P.M. PDT, and from 5 P.M.

PDT on.

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 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 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.

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

organizations that are not dominant in their fields and (2)

governmental jurisdictions with populations less than 50,000. Because

it expects the impact of this proposal 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 proposal, if adopted, 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 considered the environmental impact and concluded

that under paragraph 2.B.2 of Commandant Instruction M16475.1B as

revised in 59 CFR 38654, July 29 1994 and 61 FR 13563, March 27, 1996,

it will have no significant environmental impact and it is

categorically excluded from further environmental

[[Page 3037]]

documentation. A Categorical Exclusion Determination and environmental

analysis checklist will be available for inspection and copying in the

docket to be maintained at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Regattas and Marine parades.

Regulation

For the reasons set out in the preamble the Coast Guard proposes to

amend 33 CFR Part 100, section 100.1102, Table I, as follows:

PART 100--[AMENDED]

1. The authority citation for Part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46.

2. Section 100.1102, Table I is amended by adding an entry for the

Laughlin Aquamoto Sports Challenge and Expo immediately following the

entry for the Laughlin Classic to read as follows:

Sec. 100.102-- Marine Events on the Colorado River, between Davis Dam

(Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

* * * * *

Table 1

* * * * *

Laughlin Aquamoto Sports Challenge and Expo

Sponsor: Baja Promotions

Dates: The last Thursday of May every year, lasting a total of 4

days, ending on Sunday, per the following schedule: 1.) the first day

of the event, the last Thursday of May each year, from 3 p.m PDT to 5

p.m. PDT, 2.) the second day of the event, Friday, from 8 a.m. PDT to 2

p.m. PDT, and from 3:30 p.m. PDT to 6 p.m. PDT, 3.) the third day of

the event, Saturday, from 8 a.m. PDT to 1:30 p.m. PDT, and from 4 p.m.

PDT to 5 p.m. PDT; and, 4.) the fourth and final day of the event,

Sunday, from 9 a.m. PDT to 1:30 p.m. PDT, from 3 p.m. PDT to 4 p.m.

PDT, and from 6 p.m. PDT to 7 p.m. PDT.

Where: That portion of the Colorado River near Laughlin, Nevada,

from Davis Dam to Harrah's Hotel and Casino.

Dated: December 19, 1997.

J.C. Card,

Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard

District.

[FR Doc. 98-1270 Filed 1-20-98; 8:45 am]

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