Regulated Navigation Area: Copper Canyon, Lake Havasu, Colorado River

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]

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