Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV, 10443-10445 [E7-4114]

Download as PDF Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules (4) James River Anchorages. (i) Anchorage I, Newport News. The waters bounded by a line connecting the following points: Latitude 36°57′07.2″ 36°56′23.1″ 36°57′54.2″ 36°56′03.5″ 36°58′23.5″ 36°58′49.0″ 36°58′35.9″ 36°57′52.2″ 36°57′31.1″ Longitude 76°24′43.1″ 76°24′26.8″ 76°26′40.3″ 76°24′35.8″ 76°27′09.8″ 76°27′09.8″ 76°26′37.2″ 76°26′01.6″ 76°25′33.3″ N N N N N N N N N W W W W W W W W W FOR FURTHER INFORMATION CONTACT: (ii) Anchorage Berth I–1. The waters bounded by the arc of a circle with a radius of 400 yards and the center located at: Latitude 36°57′09.0″ N * * SUPPLEMENTARY INFORMATION: * Request for Comments * We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking [COTP San Diego 07– 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 they 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. Dated: February 14, 2007. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E7–4113 Filed 3–7–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP San Diego 07–025] RIN 1625–AA00 Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV Public Meeting Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: pwalker on PROD1PC71 with PROPOSALS Chief Petty Officer Eric Carroll, Waterways Management, U.S. Coast Guard Sector San Diego, CA, at telephone (619) 278–7277. Longitude 76°25′20.4″ W * SUMMARY: The Coast Guard proposes establishing a temporary safety zone on the navigable waters of the Lower Colorado River, Laughlin, NV, in support of a fireworks display near the AVI Resort and Casino. The safety zone is necessary to provide for the safety of the crew, spectators, participants of the event, 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 April 30, 2007. ADDRESSES: You may mail comments and related material to Marine Events, Prevention Department, Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101–1028. Marine VerDate Aug<31>2005 Events, Prevention Department, maintains 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, will become part of this docket and will be available for inspection or copying at Coast Guard Sector San Diego between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. 18:51 Mar 07, 2007 Jkt 211001 We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to Coast Guard Sector San Diego 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 The Coast Guard proposes establishing a temporary safety zone on the navigable waters of the Lower Colorado River, Laughlin, NV, in support of a fireworks show in the navigation channel of the Lower Colorado River, Laughlin, NV. The fireworks show is being sponsored by AVI Resort and Casino. The safety zone will be set at a 980-foot radius around the anchored firing barge. This 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. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 10443 Discussion of Proposed Rule 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. This safety zone would be enforced from 8 p.m. through 9:45 p.m. on May 27, 2007. 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. 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, or his designated representative. U.S. Coast Guard personnel would enforce this safety zone. Other Federal, State, or local agencies may assist the Coast Guard, including the Coast Guard Auxiliary. Vessels or persons violating this rule would be subject to both criminal and civil penalties. 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 it under that Order. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Although the safety zone will restrict boating traffic within the navigable waters of the Lower Colorado River, Laughlin, NV, the effect of this regulation will not be significant as the safety zone will encompass only a small portion of the waterway and will be very short in duration. The entities most likely to be affected are pleasure craft engaged in recreational activities and sightseeing. As such, the Coast Guard expects the economic impact of this rule to be minimal. 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. E:\FR\FM\08MRP1.SGM 08MRP1 10444 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 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 rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit or anchor in a portion of the Lower Colorado River, Laughlin, NV, from 8 p.m. to 9:45 p.m. on May 27, 2007. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. The safety zone only encompasses a small portion of the waterway, it is short in duration at a late hour when commercial traffic is low, 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 (Public Law 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 Chief Petty Officer Eric Carroll, Waterways Management, U.S. Coast Guard Sector San Diego at telephone (619) 278–7277. pwalker on PROD1PC71 with PROPOSALS 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 VerDate Aug<31>2005 18:51 Mar 07, 2007 Jkt 211001 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 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’’ PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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. 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 because we would be establishing a safety zone. A draft ‘‘Environmental Analysis Check List’’ and a draft ‘‘Categorical Exclusion Determination’’ are 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.T11–170 to read as follows: § 165.T11–170 Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV. (a) Location. The limits of this temporary safety zone include all areas within 980 feet of the anchored firing barge. The firing barge will be anchored adjacent to the AVI Resort and Casino, centered in the navigational channel E:\FR\FM\08MRP1.SGM 08MRP1 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules between Laughlin Bridge and the northwest point of the AVI Resort and Casino Cove, Lower Colorado River, Laughlin, NV in position 35°00′45″ N, 114°38′16″ W. (b) Enforcement Period. This safety zone will be enforced from 8 p.m. until the end of the fireworks show on May 27, 2007. The event is scheduled to conclude no later than 9:45 p.m. However, if the display concludes prior to the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this zone by all vessels is prohibited, unless authorized by the Captain of the Port, or his designated representative. Mariners requesting permission to transit through the safety zone may request authorization to do so from the U.S. Coast Guard Patrol Commander. The U.S. Coast Guard Patrol Commander may be contacted via 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, and petty officers of the Coast Guard onboard 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: February 20, 2007. C.V. Strangfeld, Captain, U.S. Coast Guard, Captain of the Port, San Diego. [FR Doc. E7–4114 Filed 3–7–07; 8:45 am] BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–HQ–OAR–2001–0004; FRL–8284–1] pwalker on PROD1PC71 with PROPOSALS RIN 2060–AN88 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reasonable Possibility in Recordkeeping Environmental Protection Agency (EPA). AGENCY: VerDate Aug<31>2005 18:51 Mar 07, 2007 Jkt 211001 ACTION: Proposed rule. SUMMARY: The EPA proposes revisions to the regulations governing the major new source review (NSR) programs mandated by parts C and D of title I of the Clean Air Act (CAA). These proposed changes clarify the ‘‘reasonable possibility’’ recordkeeping and reporting standard of the 2002 NSR reform rules. The ‘‘reasonable possibility’’ standard identifies for sources and reviewing authorities the circumstances under which a major stationary source undergoing a modification that does not trigger major NSR must keep records. The standard also specifies the recordkeeping and reporting requirements on such sources. Recently, the U.S. Court of Appeals for the DC Circuit in New York v. EPA, 413 F.3d 3 (DC Cir. 2005) (New York) remanded for the EPA either to provide an acceptable explanation for its ‘‘reasonable possibility’’ standard or to devise an appropriately supported alternative. To satisfy the Court’s remand, we (the EPA) are proposing two alternative options to clarify what constitutes ‘‘reasonable possibility’’ and when the ‘‘reasonable possibility’’ recordkeeping requirements apply. The two options are the ‘‘percentage increase trigger’’ and the ‘‘potential emissions trigger.’’ Comments. Comments must be received on or before May 7, 2007. Public Hearing. If anyone contacts EPA requesting a public hearing by March 22, 2007, we will hold a public hearing approximately 30 days after publication in the Federal Register. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2001–0004 by one of the following methods: • http://www.regulations.gov: Follow the online instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–1741. • Mail: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503. • Hand Delivery: Environmental Protection Agency, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket’s DATES: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 10445 normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2001– 0004. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// 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 http:// www.regulations.gov or e-mail. The http://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 http:// 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, avoid any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to section I.B of the SUPPLEMENTARY INFORMATION section of this document. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., 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 http:// www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public E:\FR\FM\08MRP1.SGM 08MRP1

Agencies

[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Proposed Rules]
[Pages 10443-10445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4114]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 07-025]
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 establishing a temporary safety zone 
on the navigable waters of the Lower Colorado River, Laughlin, NV, in 
support of a fireworks display near the AVI Resort and Casino. The 
safety zone is necessary to provide for the safety of the crew, 
spectators, participants of the event, 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 April 30, 2007.

ADDRESSES: You may mail comments and related material to Marine Events, 
Prevention Department, Coast Guard Sector San Diego, 2710 N. Harbor 
Drive, San Diego, CA 92101-1028. Marine Events, Prevention Department, 
maintains 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, will become part of this 
docket and will be available for inspection or copying at Coast Guard 
Sector San Diego between 8 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll, 
Waterways Management, U.S. Coast Guard Sector San Diego, CA, at 
telephone (619) 278-7277.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [COTP San 
Diego 07-025], 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 they 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 Coast Guard Sector San Diego 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

    The Coast Guard proposes establishing a temporary safety zone on 
the navigable waters of the Lower Colorado River, Laughlin, NV, in 
support of a fireworks show in the navigation channel of the Lower 
Colorado River, Laughlin, NV. The fireworks show is being sponsored by 
AVI Resort and Casino. The safety zone will be set at a 980-foot radius 
around the anchored firing barge. This 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 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. This safety zone would be enforced from 8 p.m. through 9:45 
p.m. on May 27, 2007.
    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. 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, or his 
designated representative.
    U.S. Coast Guard personnel would enforce this safety zone. Other 
Federal, State, or local agencies may assist the Coast Guard, including 
the Coast Guard Auxiliary. Vessels or persons violating this rule would 
be subject to both criminal and civil penalties.

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 it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Although the safety zone will 
restrict boating traffic within the navigable waters of the Lower 
Colorado River, Laughlin, NV, the effect of this regulation will not be 
significant as the safety zone will encompass only a small portion of 
the waterway and will be very short in duration. The entities most 
likely to be affected are pleasure craft engaged in recreational 
activities and sightseeing. As such, the Coast Guard expects the 
economic impact of this rule to be minimal.

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.

[[Page 10444]]

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 rule will affect the following entities, 
some of which may be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of the Lower Colorado 
River, Laughlin, NV, from 8 p.m. to 9:45 p.m. on May 27, 2007.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
safety zone only encompasses a small portion of the waterway, it is 
short in duration at a late hour when commercial traffic is low, 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 (Public Law 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 Chief Petty Officer Eric 
Carroll, Waterways Management, U.S. Coast Guard Sector San Diego at 
telephone (619) 278-7277.

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 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.

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 because we would 
be establishing a safety zone. A draft ``Environmental Analysis Check 
List'' and a draft ``Categorical Exclusion Determination'' are 
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.T11-170 to read as follows:


Sec.  165.T11-170  Safety Zone; Fireworks, Lower Colorado River, 
Laughlin, NV.

    (a) Location. The limits of this temporary safety zone include all 
areas within 980 feet of the anchored firing barge. The firing barge 
will be anchored adjacent to the AVI Resort and Casino, centered in the 
navigational channel

[[Page 10445]]

between Laughlin Bridge and the northwest point of the AVI Resort and 
Casino Cove, Lower Colorado River, Laughlin, NV in position 
35[deg]00'45'' N, 114[deg]38'16'' W.
    (b) Enforcement Period. This safety zone will be enforced from 8 
p.m. until the end of the fireworks show on May 27, 2007. The event is 
scheduled to conclude no later than 9:45 p.m. However, if the display 
concludes prior to the scheduled termination time, the Captain of the 
Port will cease enforcement of this safety zone and will announce that 
fact via Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through, or anchoring 
within this zone by all vessels is prohibited, unless authorized by the 
Captain of the Port, or his designated representative. Mariners 
requesting permission to transit through the safety zone may request 
authorization to do so from the U.S. Coast Guard Patrol Commander. The 
U.S. Coast Guard Patrol Commander may be contacted via 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, and petty officers of the Coast Guard onboard 
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: February 20, 2007.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port, San Diego.
 [FR Doc. E7-4114 Filed 3-7-07; 8:45 am]
BILLING CODE 4910-15-P