Safety Zone; AVI May Fireworks Display, Colorado River, Laughlin, NV, 9370-9373 [2010-4204]
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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Proposed Rules
take a rollover or other distribution of assets
from the plan, or recommends how those
assets should subsequently be invested,
[enter name of Fiduciary Adviser] or affiliates
of [enter name of Fiduciary Adviser] will
receive additional fees or compensation.
These amounts are: [enter description of all
other fees or compensation to be received in
connection with any rollover or other
distribution of plan assets or the investment
of distributed assets]. This information
should be reviewed carefully before you
make a decision to take a distribution.
Consider Impact of Compensation on Advice
The fees and other compensation that
[enter name of Fiduciary Adviser] and its
affiliates receive on account of assets in
[enter name of Fiduciary Adviser] (enter if
applicable, and non-[enter name of Fiduciary
Adviser]) investment funds are a significant
source of revenue for the [enter name of
Fiduciary Adviser] and its affiliates. You
should carefully consider the impact of any
such fees and compensation in your
evaluation of the investment advice that
[enter name of Fiduciary Adviser] provides to
you. In this regard, you may arrange for the
provision of advice by another adviser that
may have no material affiliation with or
receive no compensation in connection with
the investment funds or products offered
under the plan. This type of advice is/is not
available through your plan.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Investment Returns
While understanding investment-related
fees and expenses is important in making
informed investment decisions, it is also
important to consider additional information
about your investment options, such as
performance, investment strategies and risks.
Specific information related to the past
performance and historical rates of return of
the investment options available under the
plan (has/has not) been provided to you by
[enter source, such as: your plan
administrator, investment fund provider]. (if
applicable enter, If not provided to you, the
information is attached to this document.)
For options with returns that vary over
time, past performance does not guarantee
how your investment in the option will
perform in the future; your investment in
these options could lose money.
Parties Participating in Development of
Advice Program or Selection of Investment
Options
Name, and describe role of, affiliates or
other parties with whom the fiduciary
adviser has a material affiliation or
contractual relationship that participated in
the development of the investment advice
program (if this is an arrangement that uses
computer models) or the selection of
investment options available under the plan.
Use of Personal Information
Include a brief explanation of the
following—
What personal information will be collected;
How the information will be used;
Parties with whom information will be
shared;
How the information will be protected; and
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14:54 Mar 01, 2010
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When and how notice of the Fiduciary
Adviser’s privacy statement will be
available to participants and beneficiaries.
Should you have any questions about
[enter name of Fiduciary Adviser] or the
information contained in this document, you
may contact [enter name of contact person for
fiduciary adviser, telephone number,
address].
3. Add § 2550.408g–2 to read as
follows:
§ 2550.408g–2 Investment advice—
fiduciary election.
(a) General. Section 408(g)(11)(A) of
the Employee Retirement Income
Security Act, as amended (ERISA),
provides that a person who develops a
computer model or who markets a
computer model or investment advice
program used in an ‘‘eligible investment
advice arrangement’’ shall be treated as
a fiduciary of a plan by reason of the
provision of investment advice referred
to in ERISA section 3(21)(A)(ii) to the
plan participant or beneficiary, and
shall be treated as a ‘‘fiduciary adviser’’
for purposes of ERISA sections
408(b)(14) and 408(g), except that the
Secretary of Labor may prescribe rules
under which only one fiduciary adviser
may elect to be treated as a fiduciary
with respect to the plan. Section
4975(f)(8)(J)(i) of the Internal Revenue
Code, as amended (the Code), contains
a parallel provision to ERISA section
408(g)(11)(A) that applies for purposes
of Code sections 4975(d)(17) and
4975(f)(8). This section sets forth
requirements that must be satisfied in
order for one such fiduciary adviser to
elect to be treated as a fiduciary with
respect to a plan under an eligible
investment advice arrangement.
(b)(1) If an election meets the
requirements in paragraph (b)(2) of this
section, then the person identified in
the election shall be the sole fiduciary
adviser treated as a fiduciary by reason
of developing or marketing the
computer model, or marketing the
investment advice program, used in an
eligible investment advice arrangement.
(2) An election satisfies the
requirements of this subparagraph with
respect to an eligible investment advice
arrangement if the election is in writing
and such writing —
(i) Identifies the investment advice
arrangement, and the person offering the
arrangement, with respect to which the
election is to be effective;
(ii) Identifies a person who—
(A) Is described in any of 29 CFR
2550.408g–1(c)(2)(i)(A) through (E),
(B) Develops the computer model, or
markets the computer model or
investment advice program, utilized in
satisfaction of 29 CFR 2550.408g–1(b)(4)
with respect to the arrangement, and
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(C) Acknowledges that it elects to be
treated as the only fiduciary, and
fiduciary adviser, by reason of
developing such computer model, or
marketing such computer model or
investment advice program;
(iii) Is signed by the person identified
in paragraph (b)(2)(ii) of this section;
(iv) Is furnished to the fiduciary who
authorized the arrangement, in
accordance with 29 CFR 2550.408g–
1(b)(5); and
(v) Is maintained in accordance with
29 CFR 2550.408g–1(d).
Signed at Washington, DC, this 24th day of
February 2010.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. 2010–4196 Filed 2–26–10; 11:15 am]
BILLING CODE 4510–29–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1132]
RIN 1625–AA00
Safety Zone; AVI May Fireworks
Display, Colorado River, Laughlin, NV
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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 received by the Coast Guard on
or before April 1, 2010. Requests for
public meetings must be received by the
Coast Guard on or before March 23,
2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–1132 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
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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. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Petty Officer Corey
McDonald, Waterways Management,
U.S. Coast Guard Sector San Diego;
telephone 619–278–7262, e-mail
Corey.R.McDonald@uscg.mil. 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.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–1132),
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 deliver, 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 telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
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To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–1132’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ 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
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We 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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
1132’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of 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 using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
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Background and Purpose
The Coast Guard is proposing to
establish a temporary safety zone on the
navigable waters of the Lower Colorado
River in support of a fireworks show
near Laughlin, NV. The fireworks show
is being sponsored by AVI Resort and
Casino. We propose the safety zone be
set at an 800 foot radius around the
firing site. 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 May 30, 2010. The limits
of the safety zone would include all
navigable waters within 800 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′93″ N,
114°38′28″ W.
This proposed 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 would be prohibited from
entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
U.S. Coast Guard personnel would
enforce this safety zone. Other Federal,
State, or local agencies may assist the
Coast Guard, including the Coast Guard
Auxiliary. Vessels or persons violating
this rule would be subject to both
criminal and civil penalties.
Regulatory 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
portion of the waterway and will be
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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.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
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
May 30, 2010.
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 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 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
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concerning its provisions or options for
compliance, please contact Petty Officer
Corey McDonald, Waterways
Management, U.S. Coast Guard Sector
San Diego, at (619) 278–7262 . The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
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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
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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 determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing a safety zone and
is categorically excluded under figure
2–1, paragraph (34)(g), of the
Instruction. 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:
into, transit through or anchoring within
this safety zone is prohibited unless
authorized by the Captain of the Port
San Diego or his designated
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 must proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Dated: February 3, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2010–4204 Filed 3–1–10; 8:45 am]
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.
2. Add § 165.T11–284 to read as
follows:
[EPA–R02–OAR–2010–0131, FRL–9120–9]
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
(a) Location. The limits of the safety
zone are as follows: All navigable waters
within 800 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′93″N, 114°38′28″W.
(b) Enforcement Period. This section
will be enforced from 8 p.m. to 9:45
p.m. on May 30, 2010. 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) In accordance with the general
regulations in § 165.23 of this part, entry
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
§ 165.T11–284 Safety Zone, AVI May
Fireworks Display, Colorado River,
Laughlin, NV.
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BILLING CODE 9110–04–P
Approval and Promulgation of
Implementation Plans; New York State
Implementation Plan Revision
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve a
proposed revision to the New York State
Implementation Plan (SIP) for ozone
concerning the control of volatile
organic compounds. The proposed SIP
revision consists of amendments to Title
6 of the New York Codes, Rules and
Regulations Part 235, ‘‘Consumer
Products’’ and Part 239, ‘‘Portable Fuel
Container Spillage Control.’’ The
intended effect of this action is to
approve control strategies, required by
the Clean Air Act, which will result in
emission reductions that will help
achieve attainment of the national
ambient air quality standards for ozone.
DATES: Comments must be received on
or before April 1, 2010.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R02–
OAR–2010–0131, by one of the
following methods:
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9373
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Werner.Raymond@epa.gov.
• Fax: 212–637–3901
• Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New
York 10007–1866.
• Hand Delivery: Raymond Werner,
Chief, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866. 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 a.m. to
4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to
Docket No. EPA–R02–OAR–2010–0131.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
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[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Proposed Rules]
[Pages 9370-9373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4204]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1132]
RIN 1625-AA00
Safety Zone; AVI May Fireworks Display, Colorado River, 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 received by the Coast
Guard on or before April 1, 2010. Requests for public meetings must be
received by the Coast Guard on or before March 23, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-1132 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
[[Page 9371]]
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.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Petty Officer Corey McDonald, Waterways
Management, U.S. Coast Guard Sector San Diego; telephone 619-278-7262,
e-mail Corey.R.McDonald@uscg.mil. 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-2009-1132), 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 deliver, 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 telephone 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,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-1132'' in the ``Keyword'' box.
Click ``Search'' 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 comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We 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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-1132'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit 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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of 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 using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The Coast Guard is proposing to establish a temporary safety zone
on the navigable waters of the Lower Colorado River in support of a
fireworks show near Laughlin, NV. The fireworks show is being sponsored
by AVI Resort and Casino. We propose the safety zone be set at an 800
foot radius around the firing site. 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 May 30, 2010. The limits of the safety zone
would include all navigable waters within 800 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]00'93'' N, 114[deg]38'28'' W.
This proposed 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 would be
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative.
U.S. Coast Guard personnel would enforce this safety zone. Other
Federal, State, or local agencies may assist the Coast Guard, including
the Coast Guard Auxiliary. Vessels or persons violating this rule would
be subject to both criminal and civil penalties.
Regulatory 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 portion of the
waterway and will be
[[Page 9372]]
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 May
30, 2010.
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 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Corey McDonald,
Waterways Management, U.S. Coast Guard Sector San Diego, at (619) 278-
7262 . The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under 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
[[Page 9373]]
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 determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves establishing a safety zone and
is categorically excluded under figure 2-1, paragraph (34)(g), of the
Instruction. 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. 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.
2. Add Sec. 165.T11-284 to read as follows:
Sec. 165.T11-284 Safety Zone, AVI May Fireworks Display, Colorado
River, Laughlin, NV.
(a) Location. The limits of the safety zone are as follows: All
navigable waters within 800 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[min]93[sec]N, 114[deg]38[min]28[sec]W.
(b) Enforcement Period. This section will be enforced from 8 p.m.
to 9:45 p.m. on May 30, 2010. 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) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transit through or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port San
Diego or his designated 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
must proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: February 3, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-4204 Filed 3-1-10; 8:45 am]
BILLING CODE 9110-04-P
