Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV, 35230-35233 [E6-9588]
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Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Proposed Rules
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comments to: Federal Energy Regulatory
Commission, Secretary of the
Commission, 888 First Street, NE.,
Washington, DC 20426.
31. All comments will be placed in
our public files and may be viewed,
printed, or downloaded remotely as
described in the Document Availability
section below. Commenters are not
required to serve copies of their
comments on other commenters.
§ 260.9 Reports by natural gas pipeline
companies on service interruptions and
damage to facilities.
(a) Every natural gas company must
report to the Director, Division of
Pipeline Certificates, at the earliest
feasible time:
(1) Damage to any pipeline or other
natural gas facilities operated under
certificate authorization from the
Commission that results in loss of or
reduction of service through those
VII. Document Availability
facilities; and
32. In addition to publishing the full
(2) Serious interruptions of service to
text of this document in the Federal
any shipper involving facilities operated
Register, the Commission provides all
under certificate authorization from the
interested persons an opportunity to
Commission. Such serious interruptions
view and print the contents of this
of service shall include interruptions of
document via the Internet through
service to communities, major
FERC’s Home Page (https://www.ferc.gov) government installations and large
and in FERC’s Public Reference Room
industrial plants outside of
during normal business hours (8:30 a.m. communities or any other interruptions
to 5 p.m. Eastern time) at 888 First
which are significant in the judgment of
Street, NE., Room 2A, Washington, DC
the pipeline company. Interruptible
20426.
service interrupted in accordance with
the provisions of filed tariffs,
33. From FERC’s Home Page on the
Internet, this information is available in interruptions of service resulting from
planned maintenance or construction
the Commission’s document
and interruptions of service of less than
management system, eLibrary. The full
three hours duration need not be
text of this document is available in
reported.
eLibrary in PDF and Microsoft Word
format for viewing, printing, and
(b) Any report of service interruption
downloading. To access this document
or damage to facilities required by
in eLibrary, type the docket number
paragraph (a) of this section must be
excluding the last three digits of this
submitted by the natural gas company
document in the docket number field.
by e-mail to pipelineoutage@ferc.gov or
by facsimile transmission to the
34. User assistance is available for
eLibrary and the FERC’s Web site during Director, Division of Pipeline
Certificates, Office of Energy Projects at
normal business hours from our Help
FAX number (202) 208–2853.
line at (202) 502–8222 or the Public
Reference Room at (202) 502–8371 Press
(1) Reports shall be made at the
0, TTY (202) 502–8659. E-mail the
earliest feasible time after an
Public Reference Room at
interruption of service or damage to
public.referenceroom@ferc.gov.
pipeline facilities for which a report is
required, and must state:
List of Subjects in 18 CFR Part 260
(i) The location and cause of the
Natural gas, Reporting and
service interruption or damage to
recordkeeping requirements.
pipeline or other natural gas facilities;
(ii) The nature of any damage to
By direction of the Commission.
natural gas facilities;
Magalie R. Salas,
(iii) Specific identification of any
Secretary.
facilities damaged;
In consideration of the foregoing, the
(iv) The time the service interruption
Commission proposes to amend part
or damage to facilities occurred;
260 of Chapter I, Title 18, Code of
(v) The customers affected by the
Federal Regulations, as follows:
service interruption or damage to
PART 260—STATEMENTS AND
facilities;
REPORTS (SCHEDULES)
(vi) Emergency actions taken to
maintain service; and
1. The authority citation for part 260
(vii) Company contact and telephone
continues to read as follows:
number.
Authority: 15 U.S.C. 717–717w, 3301–
(2) Following a report of damage to
3432; 42 U.S.C. 7101–7352.
natural gas facilities resulting in loss of
or reduction of service through those
2. Section 260.9 is amended by
facilities, the natural gas company shall
revising the section heading and
report to the Director, Division of
paragraphs (a), (b), (d), and (e) to read
Pipeline Certificates, at the earliest
as follows:
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feasible time when full service has been
restored.
*
*
*
*
*
(d) Natural gas companies shall
submit to the Director, Division of
Pipeline Certificates, within 30 days of
each interruption of service involving
failure of facilities or of damage to any
facilities on any part of the natural gas
pipeline system operated under
certificate authorization from the
Commission a copy of any incident or
damage reports required by Department
of Transportation reporting
requirements under the Natural Gas
Pipeline Safety Act of 1968.
(e) A copy of an e-mail or facsimile
report pursuant to paragraph (b) of this
section on interruption of service or
damage to facilities must be sent to the
State commission in those States where
service has been or might be affected.
[FR Doc. E6–9419 Filed 6–16–06; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Diego 06–025]
RIN 1625–AA00
Safety Zone; Fireworks, Lower
Colorado River, Laughlin, NV
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone on the
navigable waters of the Lower Colorado
River, Laughlin, Nevada, in support of
the Laughlin Independence Day
fireworks display to be held near the
AVI Resort and Casino. 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 will be prohibited
from entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: Comments and related material
must reach the Coast Guard on or before
July 19, 2006.
ADDRESSES: You may mail comments
and related material to the Office of
Waterways Management, U.S. Coast
Guard Sector San Diego, 2710 N. Harbor
Drive, San Diego, CA 92101–1028. The
Office of Waterways Management, U.S.
Coast Guard Sector San Diego maintains
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Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Proposed Rules
the public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket (COTP San Diego
06–025) and are available for inspection
or copying at the Office of Waterways
Management, Coast Guard Sector San
Diego, 2710 N. Harbor Drive, San Diego,
CA 92101–1028 between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
vessels and other vessels and users of
the waterway.
Discussion of Proposed Rule
We encourage you to participate in
this rulemaking by submitting
comments and related materials. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (COTP San Diego 06–
025), indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know that your submission reached
us, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period.
We may change this proposed rule in
view of them.
The Coast Guard proposes to establish
one safety zone that will be enforced
from 7:45 p.m. Mountain Standard Time
(MST) through 9:45 p.m. (MST) on July
2, 2006. The event involves one
anchored barge, which will be used as
a platform for launching of fireworks.
The safety zone is required because the
barge’s planned firing location is in the
navigation channel.
The limits of this temporary safety
zone include all areas within 980 feet of
the firing location adjacent to the AVI
Resort and Casino centered in the
navigational channel between Laughlin
Bridge and the northwest point of the
AVI Resort and Casino Cove in position:
35°00′45″ N, 114°38′16″ W. This safety
zone is necessary to provide for the
safety of the crews, spectators, and
participants of the regatta and to protect
other vessels and users of the waterway.
Persons and vessels will be prohibited
from entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
U.S. Coast Guard personnel will
enforce this safety zone. The Coast
Guard may be assisted by other Federal,
State, or local agencies, including the
Coast Guard Auxiliary. Section 165.23
of Title 33, Code of Federal Regulations,
prohibits any unauthorized person or
vessel from entering or remaining in a
safety zone.
Public Meeting
Regulatory Evaluation
FOR FURTHER INFORMATION CONTACT:
Chief Petty Officer Eric Carroll, USCG,
Waterways Management, U.S. Coast
Guard Sector San Diego at (619) 278–
7277.
SUPPLEMENTARY INFORMATION:
Request for Comments
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the Office of
Waterway Management at the address
under ADDRESSES explaining why one
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.
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Background and Purpose
AVI Resort and Casino is sponsoring
the Independence Day Fireworks
Display, which will be held in the
vicinity of AVI Resort and Casino on the
Lower Colorado River, Laughlin,
Nevada. The fireworks will be fired
from an anchored firing barge. The
proposed safety zone will be set at a
980-foot radius around the anchored
firing barge. This proposed temporary
safety zone is necessary to provide for
the safety of the show’s crew, spectators,
participants of the event, participating
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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 this rule 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. The safety zone will be of
a limited duration, and will be limited
to a relatively small geographic area.
The entities most likely to be affected
are pleasure craft engaged in
recreational activities and sightseeing. A
Patrol Commander will be on-scene and
will authorize recreational traffic to
transit the safety zone if and when
vessel movement is safe.
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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 pleasure craft engaged in
recreational activities and sightseeing in
a portion of the Lower Colorado River,
Laughlin, Nevada in the vicinity of the
AVI Resort and Casino from 7:45 p.m.
to 9:45 p.m. (MST) on July 2, 2006.
This safety zone would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The proposed
zone will be in effect for only two hours.
The safety zone only encompasses a
small portion of the waterway, and the
Captain of the Port may authorize entry
into the zone, if necessary.
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 proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
Chief Petty Officer Eric Carroll, U.S.
Coast Guard Sector San Diego at (619)
278–7277. The Coast Guard will not
retaliate against small entities that
question or complain about this 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
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Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Proposed Rules
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 cost of compliance
on them. We have analyzed this
proposed rule under that Order and
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 affect 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.
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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
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18:57 Jun 16, 2006
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Federal Government and Indian tribes.
We invite your comments on how this
proposed rule might impact tribal
governments, even if that impact may
not constitute a ‘‘tribal implication’’
under the Order.
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
system 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 Commandant Instruction
M16475.lD and Department of
Homeland Security Management
Directive 5100.1, 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 there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation.
Paragraph (34)(g) of the Instruction
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applies because this rule establishes a
safety zone.
A preliminary ‘‘Environmental
Analysis Check List’’ is available in the
docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review.
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; 50 U.S.C. 191; 33 CFR 1.05–1(g),
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 temporary § 165.T11–096 to
read as follows:
§ 165.T11–096 Safety Zone; Fireworks,
Lower Colorado River, Laughlin, NV.
(a) Location. The following area is a
safety zone: All areas within 980 feet of
the firing location adjacent to the AVI
Resort and Casino centered in the
navigational channel between Laughlin
Bridge and the northwest point of the
AVI Resort and Casino Cove in position
35°00′45″ N, 114°38′16″ W.
(b) Effective Period. This section is
effective from 7:45 p.m. (MST) through
9:45 p.m. (MST) on July 2, 2006. If the
need for the safety zone ends before the
scheduled termination time, the Captain
of the Port will cease enforcement of
this safety zone.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, 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 on-scene representative.
Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
Patrol Commander may be contacted on
VHF–FM Channel 16.
(d) Enforcement. All persons and
vessels shall comply with the
instructions of the Coast Guard Captain
of the Port or the designated on-scene
patrol personnel. Patrol personnel can
be comprised of commissioned, warrant,
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and petty officers of the Coast Guard on
board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law
enforcement vessels. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed. The Coast Guard
may be assisted by other federal, state,
or local agencies.
Dated: May 31, 2006.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the
Port, Sector San Diego.
[FR Doc. E6–9588 Filed 6–16–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R10–OAR–2006–0316; FRL–8175–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Medford-Ashland PM10 Attainment
Plan, Maintenance Plan and
Redesignation Request
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
wwhite on PROD1PC61 with PROPOSALS
SUMMARY: EPA is proposing to approve
a PM10 State Implementation Plan (SIP)
attainment plan and maintenance plan
for the Medford-Ashland, Oregon
nonattainment area (Medford-Ashland
NAA) and to redesignate the area from
nonattattainment to attainment for
PM10. In addition, EPA is proposing to
approve revisions to Oregon’s statewide
industrial source rules for new and
modified major industrial sources of
PM10 and revisions to the area-specific
industrial source rules that apply in the
Medford-Ashland NAA. EPA is
proposing to approve the SIP revision
and redesignation request because the
State adequately demonstrates that the
control measures being implemented in
the Medford-Ashland nonattainment
area result in attainment and
maintenance of the PM10 National
Ambient Air Quality Standards and all
other requirements of the Clean Air Act
for redesignation to attainment are met.
DATES: Comments must be received on
or before July 19, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2006–0316, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
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For
further information, please see the
direct final action, of the same title,
which is located in the Rules section of
this Federal Register. EPA is approving
the State’s SIP revision as a direct final
rule without prior proposal because
EPA views this as a noncontroversial
SIP revision and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the preamble to
the direct final rule. If EPA receives no
adverse comments, EPA will not take
further action on this proposed rule.
If EPA receives adverse comments,
EPA will withdraw the direct final rule
and it will not take effect. EPA will
address all public comments in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
on this action should do so at this time.
Please note that if we receive adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
SUPPLEMENTARY INFORMATION:
AGENCY:
18:57 Jun 16, 2006
Gina
Bonifacino at telephone number: (206)
553–2970, e-mail address:
bonifacino.gina@epa.gov, fax number:
(206) 553–0110, or the above EPA,
Region 10 address.
FOR FURTHER INFORMATION CONTACT:
40 CFR Parts 52 and 81
VerDate Aug<31>2005
• Mail: Gina Bonifacino, Office of Air,
Waste and Toxics, AWT–107 EPA,
Region 10, 1200 Sixth Ave., Seattle,
Washington 98101.
• Hand Delivery: EPA, Region 10
Mail Room, 9th Floor, 1200 Sixth Ave.,
Seattle, Washington 98101. Attention:
Gina Bonifacino, Office of Air, Waste
and Toxics, OAWT–107. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
Dated: May 16, 2006.
L. Michael Bogert,
Regional Administrator, Region 10.
[FR Doc. 06–5507 Filed 6–16–06; 8:45 am]
BILLING CODE 6560–50–P
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35233
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–7461]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency (FEMA),
Department of Homeland Security.
ACTION: Proposed rule.
AGENCY:
SUMMARY: Technical information or
comments are requested on the
proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed
BFE modifications for the communities
listed below. The BFEs and modified
BFEs are the basis for the floodplain
management measures that the
community is required either to adopt
or to show evidence of being already in
effect in order to qualify or remain
qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The comment period is ninety
(90) days following the second
publication of this proposed rule in a
newspaper of local circulation in each
community.
ADDRESSES: The proposed BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William Blanton, Engineering
Management Section, Mitigation
Division, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: FEMA
proposes to make determinations of
BFEs and modified BFEs for each
community listed below, in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR 67.4(a).
These proposed BFEs and modified
BFEs, together with the floodplain
management criteria required by 44 CFR
60.3, are the minimum that are required.
They should not be construed to mean
that the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by other
Federal, State, or regional entities.
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]]>Agencies
[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Proposed Rules]
[Pages 35230-35233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9588]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Diego 06-025]
RIN 1625-AA00
Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of the Lower Colorado River, Laughlin, Nevada,
in support of the Laughlin Independence Day fireworks display to be
held near the AVI Resort and Casino. 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 will be prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.
DATES: Comments and related material must reach the Coast Guard on or
before July 19, 2006.
ADDRESSES: You may mail comments and related material to the Office of
Waterways Management, U.S. Coast Guard Sector San Diego, 2710 N. Harbor
Drive, San Diego, CA 92101-1028. The Office of Waterways Management,
U.S. Coast Guard Sector San Diego maintains
[[Page 35231]]
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket (COTP San Diego 06-025) and are available
for inspection or copying at the Office of Waterways Management, Coast
Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1028
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll,
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619)
278-7277.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP San
Diego 06-025), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know that your submission reached us, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Office of Waterway Management
at the address under ADDRESSES explaining why one 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.
Background and Purpose
AVI Resort and Casino is sponsoring the Independence Day Fireworks
Display, which will be held in the vicinity of AVI Resort and Casino on
the Lower Colorado River, Laughlin, Nevada. The fireworks will be fired
from an anchored firing barge. The proposed safety zone will be set at
a 980-foot radius around the anchored firing barge. This proposed
temporary safety zone is necessary to provide for the safety of the
show's crew, spectators, participants of the event, participating
vessels and other vessels and users of the waterway.
Discussion of Proposed Rule
The Coast Guard proposes to establish one safety zone that will be
enforced from 7:45 p.m. Mountain Standard Time (MST) through 9:45 p.m.
(MST) on July 2, 2006. The event involves one anchored barge, which
will be used as a platform for launching of fireworks. The safety zone
is required because the barge's planned firing location is in the
navigation channel.
The limits of this temporary safety zone include all areas within
980 feet of the firing location adjacent to the AVI Resort and Casino
centered in the navigational channel between Laughlin Bridge and the
northwest point of the AVI Resort and Casino Cove in position:
35[deg]00'45'' N, 114[deg]38'16'' W. This safety zone is necessary to
provide for the safety of the crews, spectators, and participants of
the regatta and to protect other vessels and users of the waterway.
Persons and vessels will be prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.
U.S. Coast Guard personnel will enforce this safety zone. The Coast
Guard may be assisted by other Federal, State, or local agencies,
including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code
of Federal Regulations, prohibits any unauthorized person or vessel
from entering or remaining in a safety zone.
Regulatory Evaluation
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 this rule 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. The
safety zone will be of a limited duration, and will be limited to a
relatively small geographic area. The entities most likely to be
affected are pleasure craft engaged in recreational activities and
sightseeing. A Patrol Commander will be on-scene and will authorize
recreational traffic to transit the safety zone if and when vessel
movement is safe.
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 pleasure craft engaged in recreational activities and
sightseeing in a portion of the Lower Colorado River, Laughlin, Nevada
in the vicinity of the AVI Resort and Casino from 7:45 p.m. to 9:45
p.m. (MST) on July 2, 2006.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: The
proposed zone will be in effect for only two hours. The safety zone
only encompasses a small portion of the waterway, and the Captain of
the Port may authorize entry into the zone, if necessary.
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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Chief Petty
Officer Eric Carroll, U.S. Coast Guard Sector San Diego at (619) 278-
7277. The Coast Guard will not retaliate against small entities that
question or complain about this 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
[[Page 35232]]
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
cost of compliance on them. We have analyzed this proposed rule under
that Order and 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 affect 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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
system 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 Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. Paragraph
(34)(g) of the Instruction applies because this rule establishes a
safety zone.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
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; 50
U.S.C. 191; 33 CFR 1.05-1(g), 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 temporary Sec. 165.T11-096 to read as follows:
Sec. 165.T11-096 Safety Zone; Fireworks, Lower Colorado River,
Laughlin, NV.
(a) Location. The following area is a safety zone: All areas within
980 feet of the firing location adjacent to the AVI Resort and Casino
centered in the navigational channel between Laughlin Bridge and the
northwest point of the AVI Resort and Casino Cove in position
35[deg]00'45'' N, 114[deg]38'16'' W.
(b) Effective Period. This section is effective from 7:45 p.m.
(MST) through 9:45 p.m. (MST) on July 2, 2006. If the need for the
safety zone ends before the scheduled termination time, the Captain of
the Port will cease enforcement of this safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, 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 on-scene representative.
Mariners requesting permission to transit through the safety zone may
request authorization to do so from the Patrol Commander (PATCOM). The
Patrol Commander may be contacted on VHF-FM Channel 16.
(d) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel can be comprised of
commissioned, warrant,
[[Page 35233]]
and petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels. Upon
being hailed by U.S. Coast Guard patrol personnel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed. The Coast Guard may be assisted by other federal, state,
or local agencies.
Dated: May 31, 2006.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Diego.
[FR Doc. E6-9588 Filed 6-16-06; 8:45 am]
BILLING CODE 4910-15-P
