Safety Zone; AVI July Fireworks Display, Laughlin, NV, 20799-20802 [2010-9126]
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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Proposed Rules
type the docket number excluding the
last three digits of this document in the
docket number field.
23. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from
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the prohibition of § 35.39(d)(1), subject
to the no-conduit provision in
§ 35.39(g). Employees that determine the
timing of scheduled outages or that
engage in economic dispatch, fuel
procurement, or resource planning may
not have access to information covered
by the prohibition of § 35.39(d)(1).
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[FR Doc. 2010–9083 Filed 4–20–10; 8:45 am]
BILLING CODE 6717–01–P
List of subjects in 18 CFR Part 35
Electric power rates, Electric utilities,
Reporting and recordkeeping
requirements.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
By direction of the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
RIN 1625–AA00
Safety Zone; AVI July Fireworks
Display, Laughlin, NV
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
PART 35—FILING OF RATE
SCHEDULES AND TARIFFS
ACTION:
1. The authority citation for part 35
continues to read as follows:
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352.
2. In § 35.39, paragraphs (c)(2)(ii) and
(d)(2) are revised to read as follows:
§ 35.39
Affiliate restrictions.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
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(c) * * *
(2) * * *
(ii) Franchised public utilities with
captive customers are permitted to share
support employees, and field and
maintenance employees with their
market-regulated power sales affiliates.
Franchised public utilities with captive
customers are also permitted to share
senior officers and boards of directors
with their market-regulated power sales
affiliates; provided, however, that the
shared officers and boards of directors
must not participate in directing,
organizing or executing generation or
market functions. Franchised public
utilities with captive customers are
prohibited from sharing employees that
determine the timing of scheduled
outages or that engage in economic
dispatch, fuel procurement, or resource
planning with their market-regulated
power sales affiliates.
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(d) * * *
(2) Permissibly shared support
employees, field and maintenance
employees and senior officers and board
of directors under § 35.39(c)(2)(ii) may
have access to information covered by
VerDate Nov<24>2008
14:15 Apr 20, 2010
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SUMMARY: The Coast Guard proposes to
establish 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 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.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 21, 2010. Requests for
public meetings must be received by the
Coast Guard on or before May 12, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0019 using any one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 202–493–2251.
• Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• 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
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‘‘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,
Coast Guard; 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
[Docket No. USCG–2010–0019]
In consideration of the foregoing, the
Commission proposes to amend part 35,
Chapter I, Title 18, Code of Federal
Regulations, as follows:
20799
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–2010–0019),
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–2010–0019’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
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Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Proposed Rules
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–2010–
0019’’ 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).
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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 proposes
establishing a temporary safety zone on
the navigable waters of the Lower
Colorado River in support of a fireworks
show in the navigation channel of the
Lower Colorado River, Laughlin, NV.
The fireworks show is being sponsored
by AVI Resort and Casino. The safety
zone would be set at an 800 foot radius
around the firing site. This temporary
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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 July 4, 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 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
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.
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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
July 4, 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
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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 (adjusted for inflation) 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 cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
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Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
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14:15 Apr 20, 2010
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20801
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.
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.
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.
List of Subjects in 33 CFR Part 165
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
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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 § 165.T11–290 to read as
follows:
§ 165.T11–290; Safety Zone, AVI July
Fireworks Display; Laughlin, NV.
(a) Location. The limits of the
proposed safety zone are as follows: will
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.
(b) Enforcement period. This section
will be enforced from 8 p.m. to 9:45
p.m. on July 4, 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) 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
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Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(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: April 6, 2010.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail: Chief Petty Officer
Christie Dixon, Prevention Department,
USCG Sector Long Island Sound at 203–
468–4459, e-mail:
christie.m.dixon@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:
[FR Doc. 2010–9126 Filed 4–20–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Public Participation and Request for
Comments
[Docket No. USCG–2010–0138]
RIN 1625–AA00
Safety Zone; New York Air Show at
Jones Beach State Park, Atlantic
Ocean off of Jones Beach, Wantagh,
NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard proposes to
establish a permanent safety zone for
the annual New York Air Show at Jones
Beach State Park in Wantagh, New York.
This proposed safety zone is necessary
to provide for the safety of navigation
and protection of the maritime public
from the hazards inherent with an air
show which consist of aircraft
performing aerobatic maneuvers over
the Atlantic Ocean off of Jones Beach
State Park, as specified in this proposal.
Entry into this zone would be
prohibited unless authorized by the
Captain of the Port Long Island Sound,
New Haven, Connecticut.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 21, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0138 using any one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 202–493–2251.
• Mail: Docket Management Facility
(M–30), U.S. Department of
VerDate Nov<24>2008
14:15 Apr 20, 2010
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• 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.
Jkt 220001
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–2010–0138),
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.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
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–2010–0138’’ 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 8c 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–2010–
0138’’ 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 plan on holding 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.
For information on facilities or
services for individuals with disabilities
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]]>Agencies
[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Proposed Rules]
[Pages 20799-20802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9126]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0019]
RIN 1625-AA00
Safety Zone; AVI July Fireworks Display, Laughlin, NV
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish 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 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.
DATES: Comments and related material must be received by the Coast
Guard on or before May 21, 2010. Requests for public meetings must be
received by the Coast Guard on or before May 12, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0019 using any one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Fax: 202-493-2251.
Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
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, Coast Guard; 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-2010-0019), 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-2010-0019'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or
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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-2010-0019'' 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 proposes establishing a temporary safety zone on
the navigable waters of the Lower Colorado River in support of a
fireworks show in the navigation channel of the Lower Colorado River,
Laughlin, NV. The fireworks show is being sponsored by AVI Resort and
Casino. The safety zone would 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 July 4, 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 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 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
July 4, 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
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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 (adjusted for
inflation) 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 cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this 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.T11-290 to read as follows:
Sec. 165.T11-290; Safety Zone, AVI July Fireworks Display; Laughlin,
NV.
(a) Location. The limits of the proposed safety zone are as
follows: will 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.
(b) Enforcement period. This section will be enforced from 8 p.m.
to 9:45 p.m. on July 4, 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) 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
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Patrol Commander (PATCOM). The PATCOM may be contacted on VHF-FM
Channel 16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(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: April 6, 2010.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-9126 Filed 4-20-10; 8:45 am]
BILLING CODE 9110-04-P
