Safety Zone; Labor Day Fireworks, Lower Colorado River, Laughlin, NV, 23779-23781 [E7-8307]
Download as PDF
Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules
By the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–8236 Filed 4–30–07; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Diego 07–225]
RIN 1625–AA00
Safety Zone; Labor Day Fireworks,
Lower Colorado River, Laughlin, NV
Public Meeting
rmajette on DSK29S0YB1PROD with MISCELLANEOUS
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 Labor Day 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
July 31, 2007.
ADDRESSES: You may mail comments
and related material to Commander
(SPW), Attn: Waterways Management
Division, 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
VerDate Mar 15 2010
10:24 Aug 04, 2010
Jkt 220001
do so, please include your name and
address, identify the docket number for
this rulemaking [COTP San Diego 07–
225], 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.
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 Labor Day 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
9:30 p.m. on September 2, 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[min]45[sec] N,
114[deg]38[min]16[sec] W.
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
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23779
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.
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 9:30 p.m. on September 2, 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.
E:\TEMP\01MYP1.LOC
01MYP1
23780
Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Chief Petty
Officer Eric Carroll, Waterways
Management, U.S. Coast Guard Sector
San Diego at telephone (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
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
rmajette on DSK29S0YB1PROD with MISCELLANEOUS
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
VerDate Mar 15 2010
10:24 Aug 04, 2010
Jkt 220001
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
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Frm 00009
Fmt 4702
Sfmt 4702
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under 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 preliminary ‘‘Environmental Analysis
Check List’’ and ‘‘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, 195; 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 § 165.T11–179 to read as
follows:
§ 165.T11–179 Safety Zone; Labor Day
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,
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Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules
centered in the navigational channel
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) Effective Period. This safety zone
will be in effect from 8 p.m. until the
end of the fireworks show on September
02, 2007. The event is scheduled to
conclude no later than 9:30 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: April 5, 2007.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the
Port, San Diego.
[FR Doc. E7–8307 Filed 4–30–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
rmajette on DSK29S0YB1PROD with MISCELLANEOUS
Coast Guard
33 CFR Part 165
[COTP San Diego 07–125]
RIN 1625–AA00
Safety Zone; Independence Day
Fireworks, Lower Colorado River,
Laughlin, NV
AGENCY:
Coast Guard, DHS.
VerDate Mar 15 2010
10:24 Aug 04, 2010
Jkt 220001
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 Independence Day
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
May 31, 2007.
ADDRESSES: You may mail comments
and related material to Commander
(SPW), Attn: Waterways Management
Division, 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–
125], 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.
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 an Independence Day
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 July 7, 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[min]45[sec] N,
114[deg]38[min]16[sec] W.
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
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
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Agencies
[Federal Register Volume 72, Number 83 (Tuesday, May 1, 2007)]
[Proposed Rules]
[Pages 23779-23781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8307]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Diego 07-225]
RIN 1625-AA00
Safety Zone; Labor Day 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 Labor Day 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 July 31, 2007.
ADDRESSES: You may mail comments and related material to Commander
(SPW), Attn: Waterways Management Division, 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 07-225], 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 Labor Day 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 9:30
p.m. on September 2, 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[min]45[sec] N, 114[deg]38[min]16[sec] W.
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. 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 9:30 p.m. on September 2, 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.
[[Page 23780]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Chief Petty Officer Eric
Carroll, Waterways Management, U.S. Coast Guard Sector San Diego at
telephone (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 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under 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 preliminary ``Environmental Analysis
Check List'' and ``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, 195; 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 Sec. 165.T11-179 to read as follows:
Sec. 165.T11-179 Safety Zone; Labor Day 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,
[[Page 23781]]
centered in the navigational channel 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) Effective Period. This safety zone will be in effect from 8
p.m. until the end of the fireworks show on September 02, 2007. The
event is scheduled to conclude no later than 9:30 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: April 5, 2007.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. E7-8307 Filed 4-30-07; 8:45 am]
BILLING CODE 4910-15-P