[Federal Register: May 1, 2007 (Volume 72, Number 83)]
[Proposed Rules]
[Page 23779-23781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my07-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Diego 07-225]
RIN 1625-AA00
Safety Zone; Labor Day Fireworks, Lower Colorado River, Laughlin,
NV
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a temporary safety zone
on the navigable waters of the Lower Colorado River, Laughlin, NV, in
support of a Labor Day fireworks display near the AVI Resort and
Casino. The safety zone is necessary to provide for the safety of the
crew, spectators, participants of the event, participating vessels and
other vessels and users of the waterway. Persons and vessels will 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 reach the Coast Guard on or
before July 31, 2007.
ADDRESSES: You may mail comments and related material to Commander
(SPW), Attn: Waterways Management Division, Coast Guard Sector San
Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1028. Marine Events,
Prevention Department, maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Coast Guard Sector San Diego between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll,
Waterways Management, U.S. Coast Guard Sector San Diego, CA, at
telephone (619) 278-7277.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP San
Diego 07-225], indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Sector San Diego at the
address under ADDRESSES explaining why one 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, Laughlin, NV, in
support of a Labor Day 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 will be set at a
980-foot radius around the anchored firing barge. 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 event involves one anchored barge, which will be used as a
platform for launching of fireworks. The safety zone is required
because the barge's planned firing location is in the navigation
channel. This safety zone would be enforced from 8 p.m. through 9:30
p.m. on September 2, 2007.
The limits of this temporary safety zone include all areas within
980 feet of the firing location adjacent to the AVI Resort and Casino
centered in the navigational channel between Laughlin Bridge and the
northwest point of the AVI Resort and Casino Cove in position:
35[deg]00[min]45[sec] N, 114[deg]38[min]16[sec] W.
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 Evaluation
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. 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 small 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 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 Lower Colorado
River, Laughlin, NV, from 8 p.m. to 9:30 p.m. on September 2, 2007.
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 small portion of the waterway, it is
short in duration at a late hour when commercial traffic is low, and
the Captain of the Port may authorize entry into the zone, if
necessary.
[[Page 23780]]
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 Chief Petty Officer Eric
Carroll, Waterways Management, U.S. Coast Guard Sector San Diego at
telephone (619) 278-7277. 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation because we would
be establishing a safety zone. A preliminary ``Environmental Analysis
Check List'' and ``Categorical Exclusion Determination'' are available
in the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T11-179 to read as follows:
Sec. 165.T11-179 Safety Zone; Labor Day Fireworks, Lower Colorado
River, Laughlin, NV.
(a) Location. The limits of this temporary safety zone include all
areas within 980 feet of the anchored firing barge. The firing barge
will be anchored adjacent to the AVI Resort and Casino,
[[Page 23781]]
centered in the navigational channel between Laughlin Bridge and the
northwest point of the AVI Resort and Casino Cove, Lower Colorado
River, Laughlin, NV in position 35[deg]00'45'' N, 114[deg]38'16'' W.
(b) Effective Period. This safety zone will be in effect from 8
p.m. until the end of the fireworks show on September 02, 2007. The
event is scheduled to conclude no later than 9:30 p.m. However, if the
display 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) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this zone by all vessels is prohibited, unless authorized by the
Captain of the Port, or his designated representative. Mariners
requesting permission to transit through the safety zone may request
authorization to do so from the U.S. Coast Guard Patrol Commander. The
U.S. Coast Guard Patrol Commander may be contacted via VHF-FM Channel
16.
(d) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel can be comprised of
commissioned, warrant, and petty officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary, local, State, and Federal law
enforcement vessels. 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. The Coast Guard may be assisted
by other Federal, State, or local agencies.
Dated: April 5, 2007.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. E7-8307 Filed 4-30-07; 8:45 am]
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