Safety Zone; Lake Mead Intake Construction, Lake Mead, Boulder City, NV, 13232-13235 [2010-6029]
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Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Rules and Regulations
Subpart C—[Reserved]
Subpart D—Labeling and Advertising
§ 1140.30 Scope of permissible forms of
labeling and advertising.
(a)(1) A manufacturer, distributor, or
retailer may, in accordance with this
subpart D, disseminate or cause to be
disseminated advertising or labeling
which bears a cigarette or smokeless
tobacco brand name (alone or in
conjunction with any other word) or any
other indicia of tobacco product
identification, in newspapers; in
magazines; in periodicals or other
publications (whether periodic or
limited distribution); on billboards,
posters, and placards; in nonpoint-ofsale promotional material (including
direct mail); in point-of-sale
promotional material; and in audio or
video formats delivered at a point-ofsale.
(2) A manufacturer, distributor, or
retailer intending to disseminate, or to
cause to be disseminated, advertising or
labeling for cigarettes or smokeless
tobacco in a medium that is not listed
in paragraph (a)(1) of this section, shall
notify the agency 30 days prior to the
use of such medium. The notice shall
describe the medium and discuss the
extent to which the advertising or
labeling may be seen by persons
younger than 18 years of age. The
manufacturer, distributor, or retailer
shall send this notice to the Office of
Compliance, Center for Tobacco
Products, Food and Drug
Administration, 9200 Corporate Blvd.,
Rockville, MD, 20850–3229.
(b) [Reserved]
(c) This subpart D does not apply to
cigarette or smokeless tobacco package
labels.
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§ 1140.32 Format and content
requirements for labeling and advertising.
(a) Except as provided in paragraph
(b) of this section, each manufacturer,
distributor, and retailer advertising or
causing to be advertised, disseminating
or causing to be disseminated, any
labeling or advertising for cigarettes or
smokeless tobacco shall use only black
text on a white background. This section
does not apply to advertising:
(1) In any facility where vending
machines and self- service displays are
permitted under this part, provided that
the advertising is not visible from
outside the facility and that it is affixed
to a wall or fixture in the facility; or
(2) Appearing in any publication
(whether periodic or limited
distribution) that the manufacturer,
distributor, or retailer demonstrates is
an adult publication. For the purposes
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of this section, an adult publication is
a newspaper, magazine, periodical, or
other publication:
(i) Whose readers younger than 18
years of age constitute 15 percent or less
of the total readership as measured by
competent and reliable survey evidence;
and
(ii) That is read by fewer than 2
million persons younger than 18 years
of age as measured by competent and
reliable survey evidence.
(b) Labeling and advertising in an
audio or video format shall be limited
as follows:
(1) Audio format shall be limited to
words only with no music or sound
effects.
(2) Video formats shall be limited to
static black text only on a white
background. Any audio with the video
shall be limited to words only with no
music or sound effects.
or entry, in the name of the corporation
which manufactures the tobacco
product, provided that both the
corporate name and the corporation
were registered and in use in the United
States prior to January 1, 1995, and that
the corporate name does not include
any brand name (alone or in
conjunction with any other word), logo,
symbol, motto, selling message,
recognizable color or pattern of colors,
or any other indicia of product
identification identical or similar to, or
identifiable with, those used for any
brand of cigarettes or smokeless tobacco.
Dated: March 11, 2010.
Margaret A. Hamburg,
Commissioner of Food and Drugs.
Dated: March 11, 2010.
Kathleen Sebelius,
Secretary of Health and Human Services.
[FR Doc. 2010–6087 Filed 3–18–10; 8:45 am]
§ 1140.34 Sale and distribution of
nontobacco items and services, gifts, and
sponsorship of events.
BILLING CODE 4160–01–S
(a) No manufacturer and no
distributor of imported cigarettes or
smokeless tobacco may market, license,
distribute, sell, or cause to be marketed,
licensed, distributed, or sold any item
(other than cigarettes or smokeless
tobacco or roll-your-own paper) or
service, which bears the brand name
(alone or in conjunction with any other
word), logo, symbol, motto, selling
message, recognizable color or pattern of
colors, or any other indicia of product
identification identical or similar to, or
identifiable with, those used for any
brand of cigarettes or smokeless tobacco.
(b) No manufacturer, distributor, or
retailer may offer or cause to be offered
any gift or item (other than cigarettes or
smokeless tobacco) to any person
purchasing cigarettes or smokeless
tobacco in consideration of the purchase
thereof, or to any person in
consideration of furnishing evidence,
such as credits, proofs-of-purchase, or
coupons, of such a purchase.
(c) No manufacturer, distributor, or
retailer may sponsor or cause to be
sponsored any athletic, musical, artistic,
or other social or cultural event, or any
entry or team in any event, in the brand
name (alone or in conjunction with any
other word), logo, symbol, motto, selling
message, recognizable color or pattern of
colors, or any other indicia of product
identification identical or similar to, or
identifiable with, those used for any
brand of cigarettes or smokeless tobacco.
Nothing in this paragraph prevents a
manufacturer, distributor, or retailer
from sponsoring or causing to be
sponsored any athletic, musical, artistic,
or other social or cultural event, or team
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1031]
RIN 1625–AA00
Safety Zone; Lake Mead Intake
Construction, Lake Mead, Boulder City,
NV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone on the
navigable waters of Lake Mead in
support of the construction project for
Lake Mead’s Intake #3. This safety zone
is necessary to ensure non-authorized
personnel and vessels remain safe by
keeping clear of the hazardous area
during blasting, excavating, and any
other general construction work.
Persons and vessels are prohibited from
entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port
(COTP) or his designated representative.
DATES: Effective Date: This rule is
effective in the CFR on March 19, 2010
through December 31, 2010. This rule is
effective with actual notice for purposes
of enforcement prior to publication.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2009–
1031 and are available online by going
to https://www.regulations.gov, inserting
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Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Rules and Regulations
USCG–2009–1031 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are 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.
Discussion of Rule
SUPPLEMENTARY INFORMATION:
The Coast Guard is establishing a
safety zone that will be enforced
intermittently from January 1, 2010
through December 31, 2010. The limits
of the safety zone will include the
navigable waters within a 1,300 foot
radius around the construction vessels
during transit and while at blast site
located at approximately
36°05′23.677501″ N, 114°45′59.925819″
W. The safety zone will be enforced
only during construction operations.
This safety zone is necessary to ensure
non-authorized personnel and vessels
remain safe by keeping clear of the
hazardous area during the blasting
activities. 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.
Regulatory Information
Regulatory Analyses
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is necessary to ensure
the safety of commercial and
recreational vessels in the vicinity of
any construction on the dates and times
this rule will be in effect and delay
would be contrary to the public interest.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delay in the effective date will
be contrary to the public interest, since
immediate action is needed to ensure
the public’s safety.
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail MST3 Corey
McDonald, Waterways Management,
U.S. Coast Guard Sector San Diego,
Coast Guard; telephone 619–278–7262,
e-mail Corey.R.McDonald@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
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Background and Purpose
Vegas Tunnel Construction will be
conducting intermittent blasting,
excavating, and other general
construction operations for the
placement of an Intake Pipe from Lake
Mead throughout 2010. This safety zone
is necessary to ensure non-authorized
personnel and vessels remain safe by
keeping clear of the hazardous area
during the construction operations.
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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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the size
and location of the safety zone.
Commercial and recreational vessels
will not be allowed to transit through
the designated safety zone during the
specified times while construction
operations are being conducted.
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
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a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of Lake Mead from January 1,
2010 through December 31, 2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule will be
enforced only when blasting,
excavating, or other general work is
actively being progressed. Vessel traffic
can pass safely around the zone. Before
the effective period, the Coast Guard
will publish Local Notice to Mariners
(LNM) and the construction company
will issue Broadcast Notice to Mariners
(BNM).
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
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Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Rules and Regulations
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
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.
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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
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require a Statement of Energy Effects
under Executive Order 13211.
■
Technical Standards
§ 165.T11–281 Safety Zone; Lake Mead
Intake Construction; Lake Mead, Boulder
City, NV.
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. This 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.
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:
■
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.
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2. Add a new section § 165.T11–281
to read as follows:
(a) Location. The limits of the safety
zone will include the navigable waters
of Lake Mead within a 1300 foot radius
around the construction vessels located
at approximately 36°05′24″ N,
114°45′60″ W.
(b) Enforcement Period. This section
will be enforced from March 15, 2010
through December 31, 2010 during
construction operations. The safety zone
will only be enforced during blasting,
excavation, and other general
construction operations. General public
boating will be notified prior to
commencement of construction
operations by construction crew via
Broadcast Notice to Mariners. If the
construction concludes prior to the
scheduled termination time, the COTP
will cease enforcement of this safety
zone.
(c) Definitions. The following
definitions apply to this section:
(1) Designated representative means
any Commissioned, Warrant, or Petty
Officers of the Coast Guard, Coast Guard
Auxiliary, or local, state, and federal
law enforcement vessels who have been
authorized to act on the behalf of the
COTP.
(2) Non-authorized personnel and
vessels, means any civilian boats,
fishermen, divers, and swimmers.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the COTP San Diego or his designated
representative.
(2) Non-authorized personnel and
vessels requesting permission to transit
through the safety zone may request
authorization to do so from the COTP
San Diego or his designated
representative. They may be contacted
on VHF–FM Channel 16, or at telephone
number (619) 278–7033.
(3) Vessels involved in the
construction operations are allowed in
the confines of the established safety
zone.
(4) All persons and vessels must
comply with the instructions of the
Coast Guard COTP or his designated
representative.
(5) Upon being hailed by U.S. Coast
Guard or other official personnel by
siren, radio, flashing light, or other
means, the operator of a vessel must
proceed as directed.
(6) The Coast Guard may be assisted
by other federal, state, or local agencies.
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Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Rules and Regulations
Dated: February 22, 2010.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–6029 Filed 3–18–10; 8:45 am]
BILLING CODE 6712–01–P
[FR Doc. 2010–6093 Filed 3–18–10; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
47 CFR Part 63
[DA 10–275; MB Docket No. 09–187; RM–
11576]
[WC Docket No. 04–36; FCC 09–40]
IP-Enabled Services
FM Table of Allotments, Buffalo and
Centerville, Texas
AGENCY: Federal Communications
Commission
ACTION: Final rule; announcement of
effective date.
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
The Commission amended
part 63 in order to extend to providers
of interconnected Voice over Internet
Protocol (VoIP) service the
discontinuance obligations that apply to
domestic non-dominant
telecommunications carriers under
section 214 of the Communications Act.
The amendments to the rules in § 63.60
required Office of Management and
Budget approval and the Commission
stated previously in its Federal Register
publication that it would announce the
effective date of the rules when
approved. This document announces
the effective date of the rules.
DATES: The amendments to 47 CFR
63.60(a) and (f), published on August 7,
2009 (74 FR 39551), were approved by
the Office of Management and Budget
on December 1, 2009 and are effective
March 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Rodney McDonald, (202) 418–7513,
Wireline Competition Bureau.
SUPPLEMENTARY INFORMATION: The FCC
published a document in the Federal
Register, 74 FR 39551, August 7, 2009,
that sets forth an effective date of
September 8, 2009, except for the
amendments to §§ 63.60(a) and (f)
which affect information collection
requirements that are not effective until
approved by the Office of Management
and Budget (OMB). The document
stated that the Commission will publish
a document in the Federal Register
announcing the effective date of these
rules. On December 1, 2009, OMB
approved the information collection
requirements contained in these rules
pursuant to OMB Control No. 3060–
0149. Accordingly, the information
collection requirements contained in
these rules are now effective. The
expiration date for the information
collection is December 31, 2012.
SUMMARY: The Audio Division grants a
rulemaking petition filed by Kaherine
Pyeatt, the permittee of Station
KKLB(FM), Madisonville, Texas, to
substitute FM Channel 278A for vacant
Channel 299A at Buffalo, Texas, and
Channel 267A for vacant Channel 278A
at Centerville, Texas.
DATES: Effective April 5, 2010.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, MB Docket No. 09–187,
adopted February 17, 2010, and released
February 19, 2010. The full text of this
Commission document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street, SW., Washington, DC.
The complete text of this decision may
also be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554, 800–378–3160 or via the
company’s Web site, <https://
www.bcpiweb.com>.
The Notice of Proposed Rule Making
stated that Pyeatt’s rulemaking petition
was filed as part of a hybrid application
and rulemaking proceeding. See 74 FR
57281, published November 5, 2009. In
the application (File No. BMPH–
20090831ADM), Pyeatt proposes the
substitution of FM Channel 299A for
Channel 267A at Madisonville, Texas,
and the modification of the construction
permit for Station KKLB(FM),
Madisonville, to specify operation on
Channel 299A.
The Report and Order states that the
channel substitutions at Buffalo and
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SUMMARY:
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13235
Centerville, Texas, serve the public
interest because they will accommodate
grant of the hybrid application, enabling
Station KKLB(FM) to change channels at
a tower site located closer to its
community of license. The reference
coordinates for Channel 278A at
Buffalo, Texas, are 31–21–09 NL and
95–59–47 WL. The reference
coordinates for Channel 267A at
Centerville, Texas, are 31–14–17 NL and
96–05–34 WL. The Report and Order
also grants Pyeatt’s hybrid application.
Currently, Channel 278A is not listed
in the FM Table of Allotments under
Centerville, Texas, but is a vacant FM
allotment at that community. Channel
278A was allotted at Centerville in MM
Docket No. 99–257. See 64 FR 59124,
published November 2, 1999. A
construction permit for Channel 278A at
Centerville was issued to Station
KKEV(FM). See File No. BNPH–
20060310AA1. As a result of the
issuance of the construction permit,
Channel 278A at Centerville was
removed from the FM Table of
Allotments in MB Docket 05–210. See
71 FR 76208, published December 20,
2006. However, the Station KKEV(FM)
construction permit was cancelled on
May 24, 2009, making the Channel 278A
allotment vacant. As stated above, we
are substituting Channel 267A for
vacant Channel 278A at Centerville to
accommodate the Station KKLB(FM)
hybrid application.
This document does not contain any
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ’’for small
business concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
■ As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
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]]>Agencies
[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Rules and Regulations]
[Pages 13232-13235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6029]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1031]
RIN 1625-AA00
Safety Zone; Lake Mead Intake Construction, Lake Mead, Boulder
City, NV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Lake Mead in support of the construction project for Lake
Mead's Intake 3. This safety zone is necessary to ensure non-
authorized personnel and vessels remain safe by keeping clear of the
hazardous area during blasting, excavating, and any other general
construction work. Persons and vessels are prohibited from entering
into, transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port (COTP) or his designated
representative.
DATES: Effective Date: This rule is effective in the CFR on March 19,
2010 through December 31, 2010. This rule is effective with actual
notice for purposes of enforcement prior to publication.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-1031 and are available online
by going to https://www.regulations.gov, inserting
[[Page 13233]]
USCG-2009-1031 in the ``Keyword'' box, and then clicking ``Search.''
They are 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 MST3 Corey McDonald, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail Corey.R.McDonald@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
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure the safety of commercial and recreational vessels in the
vicinity of any construction on the dates and times this rule will be
in effect and delay would be contrary to the public interest.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delay in the effective date will
be contrary to the public interest, since immediate action is needed to
ensure the public's safety.
Background and Purpose
Vegas Tunnel Construction will be conducting intermittent blasting,
excavating, and other general construction operations for the placement
of an Intake Pipe from Lake Mead throughout 2010. This safety zone is
necessary to ensure non-authorized personnel and vessels remain safe by
keeping clear of the hazardous area during the construction operations.
Discussion of Rule
The Coast Guard is establishing a safety zone that will be enforced
intermittently from January 1, 2010 through December 31, 2010. The
limits of the safety zone will include the navigable waters within a
1,300 foot radius around the construction vessels during transit and
while at blast site located at approximately 36[deg]05'23.677501'' N,
114[deg]45'59.925819'' W. The safety zone will be enforced only during
construction operations. This safety zone is necessary to ensure non-
authorized personnel and vessels remain safe by keeping clear of the
hazardous area during the blasting activities. 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.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size and location of the safety zone. Commercial and
recreational vessels will not be allowed to transit through the
designated safety zone during the specified times while construction
operations are being conducted.
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 a portion of Lake Mead from January 1, 2010 through
December 31, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only when blasting, excavating, or other general
work is actively being progressed. Vessel traffic can pass safely
around the zone. Before the effective period, the Coast Guard will
publish Local Notice to Mariners (LNM) and the construction company
will issue Broadcast Notice to Mariners (BNM).
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
[[Page 13234]]
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 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. This 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.
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 a new section Sec. 165.T11-281 to read as follows:
Sec. 165.T11-281 Safety Zone; Lake Mead Intake Construction; Lake
Mead, Boulder City, NV.
(a) Location. The limits of the safety zone will include the
navigable waters of Lake Mead within a 1300 foot radius around the
construction vessels located at approximately 36[deg]05'24'' N,
114[deg]45'60'' W.
(b) Enforcement Period. This section will be enforced from March
15, 2010 through December 31, 2010 during construction operations. The
safety zone will only be enforced during blasting, excavation, and
other general construction operations. General public boating will be
notified prior to commencement of construction operations by
construction crew via Broadcast Notice to Mariners. If the construction
concludes prior to the scheduled termination time, the COTP will cease
enforcement of this safety zone.
(c) Definitions. The following definitions apply to this section:
(1) Designated representative means any Commissioned, Warrant, or
Petty Officers of the Coast Guard, Coast Guard Auxiliary, or local,
state, and federal law enforcement vessels who have been authorized to
act on the behalf of the COTP.
(2) Non-authorized personnel and vessels, means any civilian boats,
fishermen, divers, and swimmers.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the COTP San
Diego or his designated representative.
(2) Non-authorized personnel and vessels requesting permission to
transit through the safety zone may request authorization to do so from
the COTP San Diego or his designated representative. They may be
contacted on VHF-FM Channel 16, or at telephone number (619) 278-7033.
(3) Vessels involved in the construction operations are allowed in
the confines of the established safety zone.
(4) All persons and vessels must comply with the instructions of
the Coast Guard COTP or his designated representative.
(5) Upon being hailed by U.S. Coast Guard or other official
personnel by siren, radio, flashing light, or other means, the operator
of a vessel must proceed as directed.
(6) The Coast Guard may be assisted by other federal, state, or
local agencies.
[[Page 13235]]
Dated: February 22, 2010.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2010-6029 Filed 3-18-10; 8:45 am]
BILLING CODE 9110-04-P
