Safety Zone; AVI September Fireworks Display, Laughlin, Nevada, NV, 51180-51182 [2010-20602]
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Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Rules and Regulations
set-aside certificate nunc pro tunc for a
youth offender previously under
supervised release on the sentence and
who was not considered for early
termination from supervision, using the
criteria stated at § 2.106(f)(3). If the
youth offender was sentenced only to a
term of incarceration without any
supervision to follow release, the
Commission may issue a set-aside
certificate after the expiration of the
sentence. In such cases, the Commission
shall determine whether to grant the setaside certificate after considering factors
such as the offender’s crime, criminal
history, social and employment history,
record of institutional conduct, efforts at
rehabilitation, and any other relevant
and available information.
*
*
*
*
*
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Petty Officer Corey
McDonald, Waterways Management,
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:
Dated: August 13, 2010.
Isaac Fulwood,
Chairman, U.S. Parole Commission.
Regulatory Information
On May 3, 2010 we published a notice
of proposed rulemaking (NPRM)
entitled Safety Zone; AVI September
Fireworks Display; Laughlin, Nevada,
NV in the Federal Register (75 FR
23206). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
[FR Doc. 2010–20560 Filed 8–18–10; 8:45 am]
BILLING CODE 4410–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0020]
RIN 1625–AA00
Safety Zone; AVI September Fireworks
Display, Laughlin, Nevada, NV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone, on the
navigable waters of the lower Colorado
River, Laughlin, NV, in support of a
fireworks display near the AVI Resort
and Casino. This safety zone is
necessary to provide for the safety of the
participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port, or
his designated representative.
DATES: This rule is effective from 8 p.m.
to 9:45 p.m. on September 5, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–0020 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0020 in the ‘‘Keyword’’ box, and
srobinson on DSKHWCL6B1PROD with RULES
SUMMARY:
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16:26 Aug 18, 2010
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Basis and Purpose
The AVI Resort and Casino is
sponsoring the AVI May fireworks
display, which is to be held at the AVI
Resort and Casino on the Lower
Colorado River in Laughlin, Nevada.
The Coast Guard is establishing a
temporary safety zone on the navigable
waters of the Lower Colorado River,
Laughlin, NV in support of the AVI May
fireworks display adjacent to the AVI
Resort and Casino on the Lower
Colorado River, Laughlin, NV. The
safety zone is set as an 800 foot radius
around the firing site in approximate
position: 35°00′93′ N, 114°38′28′ W.
This temporary safety zone is necessary
to provide for the safety of the show’s
crew, spectators, participants of the
event, participating vessels, and other
vessels and users of the waterway.
Discussion of Comments and Changes
There were no comments submitted
and no changes were made to the
regulation.
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
PO 00000
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Fmt 4700
Sfmt 4700
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. This determination is based on
the size and location of the safety zone.
Commercial vessels will not be
hindered by the safety zone.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified times.
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 the Colorado River from 8
p.m. to 9:45 p.m. on September 5, 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
will only be in effect for one hour and
45 minutes late in the evening when
vessel traffic is low. Before the effective
period, we will publish a Local Notice
to Mariners (LNM).
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking 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
E:\FR\FM\19AUR1.SGM
19AUR1
Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Rules and Regulations
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) 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 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 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.
srobinson on DSKHWCL6B1PROD with RULES
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,
VerDate Mar<15>2010
16:26 Aug 18, 2010
Jkt 220001
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 that 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 establishment of a safety zone.
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51181
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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.T11–299 to read as
follows:
■
§ 165.T11–299 Safety Zone; AVI September
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 September 5, 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
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
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Federal Register / Vol. 75, No. 160 / Thursday, August 19, 2010 / Rules and Regulations
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: July 23, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2010–20602 Filed 8–18–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XY10
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
AGENCY:
NMFS has determined that
the Atlantic tunas General category
daily Atlantic bluefin tuna (BFT)
retention limit should be adjusted from
one to three large medium or giant BFT
for the September, October-November,
and December time periods of the 2010
fishing year, based on consideration of
the regulatory determination criteria
regarding inseason adjustments. This
action applies to Atlantic tunas General
category permitted vessels and Highly
Migratory Species Charter/Headboat
category permitted vessels (when
fishing commercially for BFT).
DATES: Effective September 1, 2010,
through December 31, 2010.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
srobinson on DSKHWCL6B1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:26 Aug 18, 2010
Jkt 220001
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT),
and implemented domestically pursuant
to ATCA, among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006).
The 2010 BFT fishing year began on
January 1, 2010, and ends December 31,
2010. The General category fishery (the
commercial tunas fishery in which
handgear is used) is open until
December 31, 2010, or until the General
category quota is reached.
Adjustment of General Category Daily
Retention Limit
Under 50 CFR 635.23(a)(4), NMFS
may increase or decrease the daily
retention limit of large medium and
giant BFT over a range of zero to a
maximum of three per vessel based on
consideration of the criteria provided
under § 635.27(a)(8), which include: the
usefulness of information obtained from
catches in the particular category for
biological sampling and monitoring of
the status of the stock; effects of the
adjustment on BFT rebuilding and
overfishing; effects of the adjustment on
accomplishing the objectives of the
fishery management plan; variations in
seasonal distribution, abundance, or
migration patterns of BFT; effects of
catch rates in one area precluding
vessels in another area from having a
reasonable opportunity to harvest a
portion of the category’s quota; and a
review of dealer reports, daily landing
trends, and the availability of the BFT
on the fishing grounds.
On June 2, 2010, NMFS published
final specifications (75 FR 30732),
including an adjusted General category
quota of 538.9 mt, and increased the
default General category daily retention
limit of one large medium or giant BFT
(measuring 73 inches (185 cm) curved
fork length (CFL) or greater) per vessel
to three large medium or giant BFT per
vessel for June 1 through August 31,
2010 (75 FR 30730).
Despite an elevated three-fish daily
retention limit, 2010 General category
landings remain low. As of July 31,
2010, 58.8 mt of the adjusted 2010
General category quota have been
landed, and landings rates remain less
than 1.0 mt per day. Starting on
September 1, 2010, the General category
daily retention limit, at 50 CFR
635.23(a)(2), is scheduled to revert back
to the default daily retention limit of
one large medium or giant BFT per
vessel. This default retention limit
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applies to General category permitted
vessels and HMS Charter/Headboat
category permitted vessels (when
fishing commercially for BFT, as
specified and to the extent allowable
under the regulations).
Each of the General category time
periods (January, June-August,
September, October-November, and
December) is allocated a portion of the
annual General category quota, thereby
ensuring extended fishing opportunities
in years when catch rates are high.
Given the rollover of unused quota from
the January and June-August time
periods, current catch rates, and the fact
that the daily retention limit will
automatically revert to one large
medium or giant BFT per vessel per day
on September 1, 2010, absent agency
action, NMFS anticipates the full 2010
General category quota will not be
harvested. Increasing the daily retention
limit from the default of one fish may
mitigate rolling an excessive amount of
unused quota from one time-period
subquota to the subsequent time-period
subquota. Excessive rollover is
undesirable because it: (1) effectively
changes the time-period subquota
allocation percentages established in the
2006 Consolidated HMS FMP, which
were selected to provide a specific
balance of fishing opportunities to
further achieve optimum yield without
excluding traditional participants in the
fishery; and (2) could have inadvertent
negative ecological impacts associated
with a temporal and spatial shift in
fishing effort.
NMFS has considered the set of
criteria cited above and their
applicability to the commercial BFT
retention limit for the remainder of the
2010. Based on these considerations,
NMFS has determined that the General
category retention limit should be
adjusted to allow for harvest of the
established General category quota.
Therefore, NMFS increases the General
category retention limit from the default
limit to three large medium or giant BFT
per vessel per day/trip effective
September 1, 2010, through December
31, 2010. Regardless of the duration of
a fishing trip, the daily retention limit
applies upon landing. For example,
whether a vessel fishing under the
General category limit takes a two-day
trip or makes two trips in one day, the
daily limit of three fish may not be
exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico, and
applies to vessels permitted in the
General category as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
E:\FR\FM\19AUR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Rules and Regulations]
[Pages 51180-51182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20602]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0020]
RIN 1625-AA00
Safety Zone; AVI September Fireworks Display, Laughlin, Nevada,
NV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone, on the
navigable waters of the lower Colorado River, Laughlin, NV, in support
of a fireworks display near the AVI Resort and Casino. This safety zone
is necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.
DATES: This rule is effective from 8 p.m. to 9:45 p.m. on September 5,
2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0020 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-0020 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Corey McDonald, Waterways
Management, 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
On May 3, 2010 we published a notice of proposed rulemaking (NPRM)
entitled Safety Zone; AVI September Fireworks Display; Laughlin,
Nevada, NV in the Federal Register (75 FR 23206). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
Basis and Purpose
The AVI Resort and Casino is sponsoring the AVI May fireworks
display, which is to be held at the AVI Resort and Casino on the Lower
Colorado River in Laughlin, Nevada. The Coast Guard is establishing a
temporary safety zone on the navigable waters of the Lower Colorado
River, Laughlin, NV in support of the AVI May fireworks display
adjacent to the AVI Resort and Casino on the Lower Colorado River,
Laughlin, NV. The safety zone is set as an 800 foot radius around the
firing site in approximate position: 35[deg]00'93' N, 114[deg]38'28' W.
This temporary safety zone is necessary to provide for the safety of
the show's crew, spectators, participants of the event, participating
vessels, and other vessels and users of the waterway.
Discussion of Comments and Changes
There were no comments submitted and no changes were made to the
regulation.
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. This determination is based on the size
and location of the safety zone. Commercial vessels will not be
hindered by the safety zone. Recreational vessels will not be allowed
to transit through the designated safety zone during the specified
times.
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 the Colorado River from 8 p.m. to 9:45 p.m.
on September 5, 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 will only be in effect for one hour and 45 minutes late in
the evening when vessel traffic is low. Before the effective period, we
will publish a Local Notice to Mariners (LNM).
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
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
[[Page 51181]]
1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) 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 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 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 that 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 establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T11-299 to read as follows:
Sec. 165.T11-299 Safety Zone; AVI September 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 September 5, 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 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
[[Page 51182]]
Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: July 23, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-20602 Filed 8-18-10; 8:45 am]
BILLING CODE 9110-04-P
