Safety Zone; IJSBA World Finals, Lower Colorado River, Lake Havasu, AZ, 29447-29450 [E9-14591]

Download as PDF Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules (1) A change in submitted arrival time that is less than six hours; (2) Changes in the location, latitude and longitude, of the vessel at the time the NOA is reported; or (3) Changes to personnel positions or duties on the vessel. (d) Methods of submission. The notice must be submitted to the NVMC by electronic Notice of Arrival and Departure format using methods specified at the NVMC’s Web site at https://www.nvmc.uscg.gov/. (e) Required reporting time of an NOA update. Each vessel subject to this section must submit an NOA update: (1) If the most recently submitted NOA, or NOA update, differs by 24 hours or more from the current estimated time of arrival, the owner or operator of the vessel must provide an update as soon as practicable but at least 24 hours before the vessel arrives at the OCS location where it plans to perform OCS activities; (2) If the most recently submitted NOA, or NOA update, differs by less than 24 hours from the current estimated time of arrival, the owner or operator of the vessel must provide an update as soon as practicable but at least 12 hours before the vessel arrives at the OCS location where it plans to perform OCS activities; or (3) If the remaining voyage time is less than 24 hours, the owner or operator of the vessel must provide an update as soon as practicable, but at least 12 hours before the vessel arrives at a place on the OCS. (f) When a towing vessel controls a vessel required to submit an NOA under this subpart, the owner or operator of the towing vessel is responsible for submitting only one NOA containing the information required for the towing vessel and the vessel under its control. (g) This section does not apply to vessels merely transiting the waters superjacent to the OCS and not engaged in OCS activities. sroberts on PROD1PC70 with PROPOSALS Dated: June 9, 2009. J.G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. E9–14584 Filed 6–19–09; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–0194] Safety Zone; IJSBA World Finals, Lower Colorado River, Lake Havasu, AZ Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: SUMMARY: The Coast Guard proposes a temporary safety zone on the navigable waters of Lake Havasu on the lower Colorado River in Arizona in support of the International Jet Sports Boating Association (IJSBA) World Finals. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels would be prohibited from entering into, transiting through, or anchoring within this temporary safety zone unless authorized by the Captain of the Port San Diego or his designated representative. DATES: Comments and related material must be received by the Coast Guard on or before July 22, 2009. Requests for public meetings must be received by the Coast Guard on or before July 13, 2009. ADDRESSES: You may submit comments identified by docket number USCG– 2009–0194 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail Petty Officer Kristen Beer, USCG, Waterways Management, VerDate Nov<24>2008 16:17 Jun 19, 2009 Jkt 217001 PO 00000 Frm 00015 Fmt 4702 U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619–278–7262, e-mail Kristen.A.Beer@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: RIN 1625–AA00 ACTION: 29447 Sfmt 4702 Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2009–0194), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via https:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand delivery, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ‘‘USCG– 2009–0194’’ in the Docket ID box, press Enter, and then click on the balloon shape in the Actions column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. E:\FR\FM\22JNP1.SGM 22JNP1 29448 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules Viewing Comments and Documents Discussion of Proposed Rule To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert USCG– 2009–0194 in the Docket ID box, press Enter, and then click on the item in the Docket ID column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. The Coast Guard proposes establishing a safety zone on Lake Havasu, Arizona that would be effective from October 6, 2009 through October 19, 2009. The safety zone would be bounded by lines connecting the following points: Beginning at 34°28.49′ N, 114°21.33′ W; thence to 34°28.55′ N, 114°21.56′ W; thence to 34°28.43′ N, 114°21.81′ W; thence to 34°28.32′ N, 114°21.71′ W; thence along the shoreline returning to 34°28.49′ N, 114°21.33′ W (NAD 83). This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels would be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port San Diego or his designated representative. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one by July 13, 2009 using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact Petty Officer Kristen Beer at the telephone number or e-mail address indicated under the FOR FURTHER INFORMATION CONTACT section of this notice. sroberts on PROD1PC70 with PROPOSALS Background and Purpose The International Jet Sports Boating Association (IJSBA) is sponsoring the IJSBA World Finals. The event will consist of 300 to 750 personal watercraft racing in a circular course. The race will be broken down into heats of one to 20. The sponsor will provide four course marshalls and rescue vessels, as well as four perimeter safety boats for the duration of this event. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. VerDate Nov<24>2008 16:17 Jun 19, 2009 Jkt 217001 Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size and location of the safety zone. Commercial vessels would not be hindered by the safety zone. Recreational vessels would not be allowed to transit through the designated safety zone during the specified times unless authorized to do so by the Captain of the Port or his designated representative. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the lower Colorado River at Lake Havasu from October 6, 2009 through October 19, 2009. This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons. Vessel traffic can pass safely around the safety zone. Before the activation of the zone, the Coast Guard would publish a local notice to mariners (LNM). If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Petty Officer Kristen Beer, USCG, Waterways Management, U.S. Coast Guard Sector San Diego at 619–278–7262. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. sroberts on PROD1PC70 with PROPOSALS Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not VerDate Nov<24>2008 16:17 Jun 19, 2009 Jkt 217001 likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 0023.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a safety zone, which falls under paragraph 34(g) in Figure 2–1 of the Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 29449 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add a new temporary § 165.T11– 182 to read as follows: § 165.T11–182 Safety Zone; IJSBA World Finals, Lower Colorado River, Lake Havasu, AZ. (a) Location. The following area is a safety zone: All waters of Lake Havasu, from surface to bottom, encompassed by lines connecting the following points: Beginning at 34°28.49′ N, 114°21.33′ W; thence to 34°28.55′ N, 114°21.56′ W; thence to 34°28.43′ N, 114°21.81′ W; thence to 34°28.32′ N, 114°21.71′ W; thence along the shoreline returning to 34°28.49′ N, 114°21.33′ W. These coordinates are based upon NAD 83. (b) Effective Period. This section is effective and will be enforced from October 6, 2009 through October 19, 2009. If the International Jet Sports Boating Association World Finals concludes prior to the scheduled termination of the effective period, the Captain of the Port will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Definitions. The following definition applies to this section: Designated representative, means any Commissioned, Warrant, or Petty Officers of the Coast Guard or Coast Guard Auxiliary, and local, state, and federal law enforcement officers who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Under the general regulations in § 165.23, entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port San Diego or his designated representative. (2) Mariners desiring to enter or operate in the safety zone may request authorization to do so from the Patrol Commander (PATCOM). The PATCOM may be contacted on VHF–FM Channel 16. (3) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or his designated representative. (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel must proceed as directed. E:\FR\FM\22JNP1.SGM 22JNP1 29450 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Proposed Rules (5) The Coast Guard may be assisted by other federal, state, or local agencies. Dated: June 4, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–14591 Filed 6–19–09; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2008–0931; FRL–8920–1] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the Baltimore 8-Hour Ozone Moderate Nonattainment Area; Reopening of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rules; reopening of comment period. sroberts on PROD1PC70 with PROPOSALS AGENCY: SUMMARY: EPA is reopening the comment period for a document published on May 8, 2009 (74 FR 21594). In this May 8, 2009 document, EPA proposed to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the State of Maryland to meet the Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) for the Baltimore moderate nonattainment area (Baltimore Area). The comment period on this proposed action closed on June 8, 2009. At the request of the State of Maryland, EPA is reopening the comment period through August 7, 2009. EPA will consider all comments submitted on this proposed action from May 8, 2009 through August 7, 2009. DATES: Comments must be received on or before August 7, 2009. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2008–0931 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2008–0931, Cristina Fernandez, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such VerDate Nov<24>2008 16:17 Jun 19, 2009 Jkt 217001 deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2008– 0931. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an anonymous access system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814–2178, or by e-mail at fernandez.cristina@epa.gov. Please note that while questions on the May 8, 2009 proposed rule for the Baltimore area may be posed via telephone and e-mail, formal comments must be submitted in writing, as indicated in the ADDRESSES section of this document. Dated: June 11, 2009. William C. Early, Acting Regional Administrator, Region III. [FR Doc. E9–14601 Filed 6–19–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2008–0928, EPA–R03– OAR–2008–0929, EPA–R03–OAR–2008– 0930; FRL–8920–2] Approval and Promulgation of Air Quality Implementation Plans; Delaware, Maryland, Pennsylvania; Attainment Demonstration for the Philadelphia-Wilmington-Atlantic City Moderate 8-Hour Ozone Nonattainment Area; Reopening of Comment Periods AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rules; reopening of comment periods. SUMMARY: EPA is reopening the comment periods for documents published on May 8, 2009 (74 FR 21588, 74 FR 21599, 74 FR 21604). In these May 8, 2009 documents, EPA proposed to disapprove the ozone attainment demonstration portion of comprehensive State Implementation Plan (SIP) revisions submitted by the States of Delaware, Maryland and Pennsylvania to meet the Clean Air Act (CAA) requirements for attaining the 8hour ozone national ambient air quality standard (NAAQS) for the PhiladelphiaWilmington-Atlantic City moderate nonattainment area (Philadelphia Area). The comment periods on these proposed actions closed on June 8, 2009. Pursuant to requests from the State of Maryland, the Commonwealth of Pennsylvania, and the Delaware Valley Regional Planning Commission, EPA is reopening the comment periods through August 7, 2009. EPA will consider all comments submitted on these proposed actions from May 8, 2009 through August 7, 2009. DATES: Comments must be received on or before August 7, 2009. E:\FR\FM\22JNP1.SGM 22JNP1

Agencies

[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Proposed Rules]
[Pages 29447-29450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14591]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0194]
RIN 1625-AA00


Safety Zone; IJSBA World Finals, Lower Colorado River, Lake 
Havasu, AZ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes a temporary safety zone on the 
navigable waters of Lake Havasu on the lower Colorado River in Arizona 
in support of the International Jet Sports Boating Association (IJSBA) 
World Finals. This temporary safety zone is necessary to provide for 
the safety of the participants, crew, spectators, participating 
vessels, and other vessels and users of the waterway. Persons and 
vessels would be prohibited from entering into, transiting through, or 
anchoring within this temporary safety zone unless authorized by the 
Captain of the Port San Diego or his designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 22, 2009. Requests for public meetings must be 
received by the Coast Guard on or before July 13, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0194 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Petty Officer Kristen Beer, USCG, Waterways 
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 
619-278-7262, e-mail Kristen.A.Beer@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0194), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via https://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand delivery, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0194'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

[[Page 29448]]

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0194 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one by July 13, 2009 using one of the four methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Petty Officer Kristen Beer at the telephone number or e-mail 
address indicated under the FOR FURTHER INFORMATION CONTACT section of 
this notice.

Background and Purpose

    The International Jet Sports Boating Association (IJSBA) is 
sponsoring the IJSBA World Finals. The event will consist of 300 to 750 
personal watercraft racing in a circular course. The race will be 
broken down into heats of one to 20. The sponsor will provide four 
course marshalls and rescue vessels, as well as four perimeter safety 
boats for the duration of this event. This safety zone is necessary to 
provide for the safety of the participants, crew, spectators, 
participating vessels, and other vessels and users of the waterway.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone on Lake Havasu, 
Arizona that would be effective from October 6, 2009 through October 
19, 2009. The safety zone would be bounded by lines connecting the 
following points: Beginning at 34[deg]28.49' N, 114[deg]21.33' W; 
thence to 34[deg]28.55' N, 114[deg]21.56' W; thence to 34[deg]28.43' N, 
114[deg]21.81' W; thence to 34[deg]28.32' N, 114[deg]21.71' W; thence 
along the shoreline returning to 34[deg]28.49' N, 114[deg]21.33' W (NAD 
83).
    This safety zone is necessary to provide for the safety of the 
participants, crew, spectators, participating vessels, and other 
vessels and users of the waterway. Persons and vessels would be 
prohibited from entering into, transiting through, or anchoring within 
this safety zone unless authorized by the Captain of the Port San Diego 
or his designated representative.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. We expect the economic 
impact of this proposed rule to be so minimal that a full Regulatory 
Evaluation is unnecessary. This determination is based on the size and 
location of the safety zone. Commercial vessels would not be hindered 
by the safety zone. Recreational vessels would not be allowed to 
transit through the designated safety zone during the specified times 
unless authorized to do so by the Captain of the Port or his designated 
representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in a portion of the lower Colorado River 
at Lake Havasu from October 6, 2009 through October 19, 2009.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic can pass safely around the safety zone. Before the activation 
of the zone, the Coast Guard would publish a local notice to mariners 
(LNM).
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Kristen Beer, 
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at 619-
278-7262. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and

[[Page 29449]]

have determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 0023.1 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a safety zone, which falls under 
paragraph 34(g) in Figure 2-1 of the Instruction. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add a new temporary Sec.  165.T11-182 to read as follows:


Sec.  165.T11-182  Safety Zone; IJSBA World Finals, Lower Colorado 
River, Lake Havasu, AZ.

    (a) Location. The following area is a safety zone: All waters of 
Lake Havasu, from surface to bottom, encompassed by lines connecting 
the following points: Beginning at 34[deg]28.49' N, 114[deg]21.33' W; 
thence to 34[deg]28.55' N, 114[deg]21.56' W; thence to 34[deg]28.43' N, 
114[deg]21.81' W; thence to 34[deg]28.32' N, 114[deg]21.71' W; thence 
along the shoreline returning to 34[deg]28.49' N, 114[deg]21.33' W. 
These coordinates are based upon NAD 83.
    (b) Effective Period. This section is effective and will be 
enforced from October 6, 2009 through October 19, 2009. If the 
International Jet Sports Boating Association World Finals concludes 
prior to the scheduled termination of the effective period, the Captain 
of the Port will cease enforcement of this safety zone and will 
announce that fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section: 
Designated representative, means any Commissioned, Warrant, or Petty 
Officers of the Coast Guard or Coast Guard Auxiliary, and local, state, 
and federal law enforcement officers who have been authorized to act on 
the behalf of the Captain of the Port.
    (d) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transit through or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port San Diego or 
his designated representative.
    (2) Mariners desiring to enter or operate in the safety zone may 
request authorization to do so from the Patrol Commander (PATCOM). The 
PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
must proceed as directed.

[[Page 29450]]

    (5) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: June 4, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-14591 Filed 6-19-09; 8:45 am]
BILLING CODE 4910-15-P
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