Safety Zone; AVI September Fireworks Display; Laughlin, NV, 27481-27484 [E9-13529]
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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:
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§ 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
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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:
https://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
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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 https://
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 https://
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 https://
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
https://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
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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
https://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.
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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
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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
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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.
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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.
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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
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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
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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.
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(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. https://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
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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
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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
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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 (https://
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 https://
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)
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]]>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.
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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: https://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 https://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 https://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 https://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 https://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 https://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
