Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV, 35230-35233 [E6-9588]

Download as PDF 35230 Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Proposed Rules wwhite on PROD1PC61 with PROPOSALS 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 (http://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: VerDate Aug<31>2005 18:57 Jun 16, 2006 Jkt 208001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 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 E:\FR\FM\19JNP1.SGM 19JNP1 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. wwhite on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 18:57 Jun 16, 2006 Jkt 208001 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. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 35231 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 E:\FR\FM\19JNP1.SGM 19JNP1 35232 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. wwhite on PROD1PC61 with PROPOSALS 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 VerDate Aug<31>2005 18:57 Jun 16, 2006 Jkt 208001 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 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 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, E:\FR\FM\19JNP1.SGM 19JNP1 Federal Register / Vol. 71, No. 117 / Monday, June 19, 2006 / Proposed Rules 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: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. Jkt 208001 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 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 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. E:\FR\FM\19JNP1.SGM 19JNP1

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