Safety Zone; AVI September Fireworks Display; Laughlin, NV, 27481-27484 [E9-13529]

Download as PDF Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules § 100.928 Carly’s Crossing, Lake Erie, Buffalo, NY. (a) Regulated Area. A regulated area is established to include all waters of Lake Erie extending two miles to the break wall outside of Gallagher Beach. The positions of the race course are as follows; starting 42°50′47″ N, 078°51′44″ W headed North East to position 42°50′27″ N, 078°52′23″ W West to 42°50′19″ N, 078°52′10″ W then finishing South at position 42°50′27″ N, 078°51′35″ W (NAD 83). (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the third Saturday in August. The exact times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. 6. Add § 100.929 to read as follows: § 100.929 Thunder on the Niagara, Niagara River, North Tonawanda, NY. (a) Regulated Area. A regulated area is established to include all waters of the Upper Niagara River, North Tonawanda, NY within two miles of the Grand Island Bridge located at 43°03′36″ N, 078°54′45″ W to 43°03′09″ N, 078°55′21″ W to 43°03′00″ N, 078°53′42″ W to 43°02′42″ N, 078°54′09″ W. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the last week of August. The exact dates and times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. 7. Add § 100.930 to read as follows: erowe on PROD1PC63 with PROPOSALS-1 § 100.930 Antique Boat Show, Niagara River, Grand Island, NY. (a) Regulated Area. A regulated area is established to include all waters of the Niagara River, Grand Island, NY from the S. Grand Island Bridge to Motor Island; coordinates 42°59′59″ N, 078°56′22″ W, East to 42°59′54″ N, 078°56′14″ W, South to 42°57′54″ N, 078°56′04″ W, West to 42°57′48″ N, 078°56′22″ W. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the first Saturday in September after VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 Labor Day. The exact dates and times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. Dated: May 27, 2009. R.S. Burchell, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E9–13534 Filed 6–9–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–1262] RIN 1625–AA00 Safety Zone; AVI September Fireworks Display; Laughlin, NV Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Coast Guard proposes a 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. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are 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 be submitted on or before July 10, 2009 ADDRESSES: You may submit comments identified by docket number USCG– 2008–1262 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. For instructions on submitting comments, see the ‘‘Public Participation and Request for Comments’’ portion of the PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 SUPPLEMENTARY INFORMATION 27481 section below. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Petty Officer Shane Jackson, USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 278–2767. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2008–1262), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand delivery, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ‘‘USCG– 2008–1262’’ in the Docket ID box, press Enter, and then click on the balloon shape in the Actions column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We E:\FR\FM\10JNP1.SGM 10JNP1 27482 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov select the Advanced Docket Search option on the right side of the screen, insert USCG– 2008–1262 in the Docket ID box, press Enter, and then click on the item in the Docket ID column. You may also visit either the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or the U.S. Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101 between 8 a.m. and 2 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial using one of the four methods specified under ADDRESSES. 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. erowe on PROD1PC63 with PROPOSALS-1 Background and Purpose The Coast Guard is establishing a temporary safety zone on the navigable waters of the Lower Colorado River, Laughlin, NV in support of a fireworks show in the navigational channel of the Lower Colorado River, Laughlin, NV. The fireworks show is being sponsored by the AVI Resort and Casino. The safety zone is set at a 1,000 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 VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 event, participating vessels, and other vessels and users of the waterway. Discussion of Proposed Rule The Coast Guard proposes a safety zone that would be enforced from 8 p.m. to 9:45 p.m. on September 6, 2009. The limits of the safety zone is to include all navigable waters within 1,000 feet of the firing location adjacent to the AVI Resort and Casino centered in the channel between Laughlin Bridge and the northwest point of 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 event 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 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 Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. 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 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in the region of the lower Colorado River adjacent to AVI Resort and Casino from 8 p.m. to 9:45 p.m. on September 6, 2009. 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 relatively late hour when commercial traffic is low, and the Captain of the Port may authorize entry into the zone, if necessary. Before the effective period, the Coast Guard will publish a local notice to mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts via marine channel 16 VFH before the safety zone is enforced. 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 Petty Officer Shane Jackson, USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 278–7267. 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. E:\FR\FM\10JNP1.SGM 10JNP1 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 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. erowe on PROD1PC63 with PROPOSALS-1 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 VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this preliminary determination is available in the docket where indicated under ADDRESSES. This proposed rule involves a safety zone. We seek any comments or information that may lead to the discovery of a PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 27483 significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 122, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. A new temporary safety zone § 165.T11–166 § 165.T11–166 AVI September Fireworks Display; Laughlin, Nevada. (a) Location. The limits of the proposed safety zone are as follows: is to include all navigable waters within 1000 feet of the firing location adjacent to the AVI Resort and Casino centered in the channel between Laughlin Bridge and the northwest point of AVI Resort and Casino Cove in position: 35°00′45″ N, 114°38′16″ W. (b) Enforcement Period. This section will be enforced from 8 p.m. to 9:45 p.m. on September 6, 2009. If the event 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) Definitions. The following definition applies to this section: designated representative, means any commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated on-scene representative. (2) Mariners requesting permission to transit through the safety zone may request authorization to do so from the Patrol Commander (PATCOM). The PATCOM may be contacted on VHF–FM Channel 16. (3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated representative. E:\FR\FM\10JNP1.SGM 10JNP1 27484 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules (4) 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. (5) The Coast Guard may be assisted by other federal, state, or local agencies. institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. FEDERAL COMMUNICATIONS COMMISSION DATES: Written comments must be received on or before July 10, 2009. [DA 09–1200; MB Docket No. 09–70; RM– 11534] Dated: May 5, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–13529 Filed 6–9–09; 8:45 am] Submit your comments, identified by Docket ID No. EPA–R04– OAR–2008–0159 by one of the following methods: 1. http://www.regulations.gov: Follow the online instructions for submitting comments. 2. E-mail: louis.egide@epa.gov. 3. Fax: (404) 562–9095. 4. Mail: ‘‘EPA–R04–OAR–2008–0159’’ Air Toxics Assessment and Implementation Section, Air Toxics and Monitoring Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Dr. Egide N. Louis, Air Toxics Assessment and Implementation Section, Air Toxics and Monitoring Branch, Air, Pesticides and Toxics Management Division 12th floor, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. 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. Television Broadcasting Services; Amarillo, TX ADDRESSES: BILLING CODE 4910–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–RO4–OAR–2008–0159(a); FRL–8912– 8] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; City of Memphis, TN; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerators erowe on PROD1PC63 with PROPOSALS-1 AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve the City of Memphis, Tennessee plan submitted by the Memphis and Shelby County Health Department (MSCHD) on February 16, 2006. The plan establishes emission limitations for Hospital/ Medical/Infectious Waste Incinerators (HMIWI) for which construction commenced on or before June 20, 1996, and provides for the implementation and enforcement of those limitations. In the final rules section of this Federal Register, the EPA is approving the State’s request as a direct final rule without prior proposal because the Agency views this action as noncontroversial and anticipates no adverse comments. A detailed rationale for approving the State’s request is set forth in the direct final rule. The direct final rule will become effective without further notice unless EPA receives relevant adverse written comment on this action. Should the EPA receive such comment, it will publish a final rule informing the public that the direct final rule will not take effect and such public comment received will be addressed in a subsequent final rule based on this proposed rule. If no adverse written comments are received, the direct final rule will take effect on the date stated in that document and no further activity will be taken on this proposed rule. EPA does not plan to VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Air Toxics Assessment and Implementation Section, Air Toxics and Monitoring Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9240. Dr. Louis can also be reached via electronic mail at louis.egide@epa.gov. For additional information see the direct final rule which is published in the Rules Section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: April 10, 2009. Beverly H. Banister, Acting Regional Administrator, Region 4. [FR Doc. E9–13596 Filed 6–9–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 47 CFR Part 73 AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: The Commission requests comments on a channel substitution proposed by Amarillo Junior College District (‘‘Amarillo Jr. College’’), the licensee of noncommercial educational station KACV–DT, DTV channel *8, Amarillo, Texas. Amarillo Jr. College requests the substitution of DTV channel *9 for post-transition DTV channel *8 at Amarillo. DATES: Comments must be filed on or before June 25, 2009, and reply comments on or before July 6, 2009. ADDRESSES: Federal Communications Commission, Office of the Secretary, 445 12th Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Jerold L. Jacobs, Esq., Cohn and Marks LLP, 1920 N Street, NW., Suite 300, Washington, DC 20036–1622. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, adrienne.denysyk@fcc.gov, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 09–70, adopted May 19, 2009, and released May 28, 2009. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (http:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–478–3160 or via the Internet http:// www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) E:\FR\FM\10JNP1.SGM 10JNP1

Agencies

[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27481-27484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13529]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1262]
RIN 1625-AA00


Safety Zone; AVI September Fireworks Display; Laughlin, NV

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes a 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. This safety zone is necessary 
to provide for the safety of the participants, crew, spectators, 
participating vessels, and other vessels and users of the waterway. 
Persons and vessels are 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 be submitted on or before 
July 10, 2009

ADDRESSES: You may submit comments identified by docket number USCG-
2008-1262 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
For instructions on submitting comments, see the ``Public Participation 
and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION 
section below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Petty Officer Shane Jackson, USCG, Waterways Management, 
U.S. Coast Guard Sector San Diego at (619) 278-2767. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-1262), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-1262'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We

[[Page 27482]]

will consider all comments and material received during the comment 
period and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2008-1262 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit 
either the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays; or the U.S. Coast Guard 
Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101 between 8 
a.m. and 2 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial using one of the four 
methods specified under ADDRESSES. 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 is establishing a temporary safety zone on the 
navigable waters of the Lower Colorado River, Laughlin, NV in support 
of a fireworks show in the navigational channel of the Lower Colorado 
River, Laughlin, NV. The fireworks show is being sponsored by the AVI 
Resort and Casino. The safety zone is set at a 1,000 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 Coast Guard proposes a safety zone that would be enforced from 
8 p.m. to 9:45 p.m. on September 6, 2009. The limits of the safety zone 
is to include all navigable waters within 1,000 feet of the firing 
location adjacent to the AVI Resort and Casino centered in the channel 
between Laughlin Bridge and the northwest point of 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 event 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 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 Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. 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 proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in the region of the lower Colorado 
River adjacent to AVI Resort and Casino from 8 p.m. to 9:45 p.m. on 
September 6, 2009.
    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 relatively late hour when commercial traffic is 
low, and the Captain of the Port may authorize entry into the zone, if 
necessary. Before the effective period, the Coast Guard will publish a 
local notice to mariners (LNM) and will issue broadcast notice to 
mariners (BNM) alerts via marine channel 16 VFH before the safety zone 
is enforced.
    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 Petty Officer Shane Jackson, 
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 
278-7267. 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.

[[Page 27483]]

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 Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. This proposed rule involves a safety zone. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 122, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. A new temporary safety zone Sec.  165.T11-166


Sec.  165.T11-166 AVI  September Fireworks Display; Laughlin, Nevada.

    (a) Location. The limits of the proposed safety zone are as 
follows: is to include all navigable waters within 1000 feet of the 
firing location adjacent to the AVI Resort and Casino centered in the 
channel between Laughlin Bridge and the northwest point of AVI Resort 
and Casino Cove in position: 35[deg]00'45'' N, 114[deg]38'16'' W.
    (b) Enforcement Period. This section will be enforced from 8 p.m. 
to 9:45 p.m. on September 6, 2009. If the event 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) Definitions. The following definition applies to this section: 
designated representative, means any commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and federal law enforcement vessels who 
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety 
zone may request authorization to do so from the Patrol Commander 
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated representative.

[[Page 27484]]

    (4) 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.
    (5) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: May 5, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-13529 Filed 6-9-09; 8:45 am]
BILLING CODE 4910-15-P