Safety Zone; AVI September Fireworks Display, Colorado River, Laughlin, NV, 36398-36400 [E9-17556]
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36398
Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations
In addition to revising the definition
in § 560.320, OFAC is making certain
conforming changes to § 560.517 and
§§ 560.532–560.535. These sections use
language from the unamended
definition of the term Iranian accounts
in describing certain transactions that
are authorized or prohibited with
respect to such accounts. Therefore,
OFAC is revising these sections by
deleting that language and instead
relying on a reference to the definition
in § 560.320. Lastly, OFAC also is
making a technical correction to the
heading of § 560.532.
Public Participation
Because the amendments of the ITR
involve a foreign affairs function,
Executive Order 12866 and the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the ITR are contained in 31 CFR part
501 (the ‘‘Reporting, Procedures and
Penalties Regulations’’). Pursuant to the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507), those collections of
information have been approved by the
Office of Management and Budget under
control number 1505–0164. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless the
collection of information displays a
valid control number.
List of Subjects in 31 CFR Part 560
Administrative practice and
procedure, Banks, Banking, Brokers,
Foreign trade, Investments, Loans,
Securities, Iran.
■ For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR part 560 as
follows:
PART 560—IRANIAN TRANSACTIONS
REGULATIONS
1. The authority citation for part 560
continues to read as follows:
erowe on DSK5CLS3C1PROD with RULES
■
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B,
2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
Pub. L. 106–387, 114 Stat. 1549; Pub. L. 110–
96, 121 Stat. 1011; E.O. 12613, 52 FR 41940,
3 CFR, 1987 Comp., p. 256; E.O. 12957, 60
FR 14615, 3 CFR, 1995 Comp., p. 332; E.O.
12959, 60 FR 24757, 3 CFR, 1995 Comp., p.
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14:47 Jul 22, 2009
Jkt 217001
356; E.O. 13059, 62 FR 44531, 3 CFR, 1997
Comp., p. 217.
Subpart C—General Definitions
■
2. Revise § 560.320 to read as follows:
§ 560.320
Iranian accounts.
The term Iranian accounts means
accounts of persons who are ordinarily
resident in Iran, except when such
persons are not located in Iran, or of the
Government of Iran maintained on the
books of either a United States
depository institution or a United States
registered broker or dealer in securities.
Subpart E—Licenses, Authorizations
and Statements of Licensing Policy
3. In § 560.517, revise the introductory
text of paragraphs (a) and (b) to read as
follows:
■
§ 560.517 Exportation of services: Iranian
accounts at United States depository
institutions or United States registered
brokers or dealers in securities.
(a) United States depository
institutions are prohibited from
performing services with respect to
Iranian accounts, as defined in
§ 560.320, except that United States
depository institutions are authorized to
provide and be compensated for
services and incidental transactions
with respect to:
*
*
*
*
*
(b) United States registered brokers or
dealers in securities are prohibited from
performing services with respect to
Iranian accounts, as defined in
§ 560.320, except that United States
registered brokers or dealers in
securities are authorized to provide and
be compensated for services and
incidental transactions with respect to:
*
*
*
*
*
■ 4. In § 560.532, revise the heading and
paragraph (c) to read as follows:
§ 560.532 Payment for and financing of
exports and reexports of agricultural
commodities, medicine, and medical
devices.
*
*
*
*
*
(c) No debits or credits to Iranian
accounts on the books of U.S.
depository institutions. Nothing in this
section authorizes payment terms or
trade financing involving debits or
credits to Iranian accounts, as defined in
§ 560.320.
*
*
*
*
*
■ 5. In § 560.533, revise paragraph (c) to
read as follows:
§ 560.533 Brokering sales of agricultural
commodities, medicine and medical
devices.
*
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*
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*
*
Fmt 4700
*
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(c) No debits or credits to Iranian
accounts on the books of U.S.
depository institutions. Payment for any
brokerage fee earned pursuant to this
section may not involve debits or credits
to Iranian accounts, as defined in
§ 560.320.
*
*
*
*
*
■ 6. In § 560.534, revise paragraphs (d)
and (e)(2) to read as follows:
§ 560.534 Importation into the United
States of, and dealings in, certain
foodstuffs and carpets authorized.
*
*
*
*
*
(d) Iranian accounts. Nothing in this
section authorizes debits or credits to
Iranian accounts, as defined in
§ 560.320.
(e) * * *
(2) A United States person may
process a documentary collection
relating to the importation into the
United States of Iranian-origin
pistachios, but payment under the
documentary collection may not involve
the crediting of an Iranian account, as
defined in § 560.320.
■ 7. In § 560.535, revise paragraph (d) to
read as follows:
§ 560.535 Letters of credit and brokering
services relating to certain foodstuffs and
carpets.
*
*
*
*
*
(d) Iranian accounts. Nothing in this
section authorizes debits or credits to
Iranian accounts, as defined in
§ 560.320.
*
*
*
*
*
Dated: July 17, 2009.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E9–17558 Filed 7–22–09; 8:45 am]
BILLING CODE 4811–45–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, Colorado River, Laughlin, NV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone on the
navigable waters of the Lower Colorado
River, Laughlin, NV, in support of a
fireworks display near the AVI Resort
E:\FR\FM\23JYR1.SGM
23JYR1
Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations
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: This rule is effective from 1 p.m.
to 11 p.m. on September 6, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–1262 and are
available online by going to https://
www.regulations.gov, selecting the
Advanced Docket Search option on the
right side of the screen, inserting USCG–
USCG–2008–1262 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is also available for inspection
or copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Petty Officer Shane
Jackson, Waterways Management, U.S.
Coast Guard Sector San Diego;
telephone 619–278–7262, e-mail
Shane.E.Jackson@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with RULES
Regulatory Information
On June 10, 2009 we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone: AVI September
Fireworks Display; Laughlin, NV in the
Federal Register (74 FR 27481). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Background and Purpose
The Coast Guard is establishing a
temporary safety zone upon the
navigable waters of the Lower Colorado
River, Laughlin, NV in support of a
fireworks show. The fireworks are being
sponsored by the AVI Resort and
Casino. The safety zone is set at a 1000
foot radius around the firing barge,
which will be anchored in the
navigational channel. This temporary
safety zone is necessary to provide for
the safety of the show’s crew, spectators,
VerDate Nov<24>2008
14:47 Jul 22, 2009
Jkt 217001
participants of the event, participating
vessels, and other vessels and users of
the waterway.
Discussion of Comments and Changes
There are no changes from the
preceding NPRM since no comments
were submitted to the docket.
Regulatory Analyses
We developed this 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 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. The effect of this regulation will
not be significant because the safety
zone will encompass only a small
portion of the waterway and will be
enforced for a very short period. The
entities most likely to be affected are
pleasure craft engaged in recreational
activities and sightseeing. For these
reasons, 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 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 rule will 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
the region of the Lower Colorado River
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
because the safety zone will encompass
only a small portion of the waterway
and will be enforced for a very short
period. Before the effective period, the
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36399
Coast Guard will publish a local notice
to mariners (LNM).
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
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 rule calls 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 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
E:\FR\FM\23JYR1.SGM
23JYR1
36400
Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This 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 rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
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Energy Effects
We have analyzed this 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
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14:47 Jul 22, 2009
Jkt 217001
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this 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 concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction because the
rule involves the establishment of a
safety zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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 amends 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:
■
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, or petty officers
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, or local,
State, or 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 must
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(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: July 6, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–17556 Filed 7–22–09; 8:45 am]
BILLING CODE 4910–15–P
Authority: 33 U.S.C. 1226, 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;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
DEPARTMENT OF DEFENSE
2. Add temporary safety zone
§ 165.T11–166 to read as follows:
33 CFR Part 334
■
§ 165.T11–166 Safety Zone; AVI September
Fireworks Display, Colorado River,
Laughlin, NV.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Colorado River, from surface to
bottom, within 1000 feet of the
fireworks firing location, adjacent to the
AVI Resort and Casino, and centered in
the channel between Laughlin Bridge
and the northwest point of AVI Resort
and Casino Cove, at approximate
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
PO 00000
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Fmt 4700
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Department of the Army, Corps of
Engineers
Restricted Areas at Cape Canaveral Air
Force Station, Patrick AFB, FL
AGENCY: United States Army Corps of
Engineers, Department of Defense.
ACTION: Final rule.
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is amending its
restricted area regulations to enlarge an
existing restricted area in the Banana
River and to establish a new restricted
area in the Atlantic Ocean for the Cape
Canaveral Air Force Station (CCAFS),
located on Patrick Air Force Base (AFB),
Florida. We are also removing an
existing restricted area in the Banana
River at CCAFS. CCAFS Command,
E:\FR\FM\23JYR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Rules and Regulations]
[Pages 36398-36400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17556]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1262]
RIN 1625-AA00
Safety Zone; AVI September Fireworks Display, Colorado River,
Laughlin, NV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the Lower Colorado River, Laughlin, NV, in support of a
fireworks display near the AVI Resort
[[Page 36399]]
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: This rule is effective from 1 p.m. to 11 p.m. on September 6,
2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1262 and are available online by going to
https://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-USCG-2008-1262 in the
Docket ID box, pressing Enter, and then clicking on the item in the
Docket ID column. This material is also available for inspection or
copying at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Shane Jackson, Waterways
Management, U.S. Coast Guard Sector San Diego; telephone 619-278-7262,
e-mail Shane.E.Jackson@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 10, 2009 we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone: AVI September Fireworks Display; Laughlin,
NV in the Federal Register (74 FR 27481). We received no comments on
the proposed rule. No public meeting was requested, and none was held.
Background and Purpose
The Coast Guard is establishing a temporary safety zone upon the
navigable waters of the Lower Colorado River, Laughlin, NV in support
of a fireworks show. The fireworks are being sponsored by the AVI
Resort and Casino. The safety zone is set at a 1000 foot radius around
the firing barge, which will be anchored in the navigational channel.
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 Comments and Changes
There are no changes from the preceding NPRM since no comments were
submitted to the docket.
Regulatory Analyses
We developed this 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 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. The effect of this regulation will not be
significant because the safety zone will encompass only a small portion
of the waterway and will be enforced for a very short period. The
entities most likely to be affected are pleasure craft engaged in
recreational activities and sightseeing. For these reasons, 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 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 rule will
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 the region of the Lower Colorado River 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 because the safety zone will
encompass only a small portion of the waterway and will be enforced for
a very short period. Before the effective period, the Coast Guard will
publish a local notice to mariners (LNM).
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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 rule calls 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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 36400]]
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction because the rule involves the establishment
of a safety zone. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary safety zone Sec. 165.T11-166 to read as follows:
Sec. 165.T11-166 Safety Zone; AVI September Fireworks Display,
Colorado River, Laughlin, NV.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Colorado River, from surface to bottom, within 1000
feet of the fireworks firing location, adjacent to the AVI Resort and
Casino, and centered in the channel between Laughlin Bridge and the
northwest point of AVI Resort and Casino Cove, at approximate 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, or petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, or local, State, or 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 must comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(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: July 6, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-17556 Filed 7-22-09; 8:45 am]
BILLING CODE 4910-15-P
