[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Proposed Rules]
[Pages 35230-35233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9588]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 06-025]
RIN 1625-AA00


Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of the Lower Colorado River, Laughlin, Nevada, 
in support of the Laughlin Independence Day fireworks display to be 
held near the AVI Resort and Casino. This temporary 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 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 19, 2006.

ADDRESSES: You may mail comments and related material to the Office of 
Waterways Management, U.S. Coast Guard Sector San Diego, 2710 N. Harbor 
Drive, San Diego, CA 92101-1028. The Office of Waterways Management, 
U.S. Coast Guard Sector San Diego maintains

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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 (COTP San Diego 06-025) and are available 
for inspection or copying at the Office of Waterways Management, Coast 
Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1028 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll, 
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 
278-7277.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP San 
Diego 06-025), 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 that your submission 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 the Office of Waterway Management 
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

    AVI Resort and Casino is sponsoring the Independence Day Fireworks 
Display, which will be held in the vicinity of AVI Resort and Casino on 
the Lower Colorado River, Laughlin, Nevada. The fireworks will be fired 
from an anchored firing barge. The proposed safety zone will be set at 
a 980-foot radius around the anchored firing barge. This proposed 
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 to establish one safety zone that will be 
enforced from 7:45 p.m. Mountain Standard Time (MST) through 9:45 p.m. 
(MST) on July 2, 2006. 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.
    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]00'45'' N, 114[deg]38'16'' W. This safety zone is necessary to 
provide for the safety of the crews, spectators, and participants of 
the regatta and to protect 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.
    U.S. Coast Guard personnel will enforce this safety zone. The Coast 
Guard may be assisted by other Federal, State, or local agencies, 
including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code 
of Federal Regulations, prohibits any unauthorized person or vessel 
from entering or remaining in a safety zone.

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 this rule under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This 
determination is based on the size and location of the safety zone. The 
safety zone will be of a limited duration, and will be limited to a 
relatively small geographic area. The entities most likely to be 
affected are pleasure craft engaged in recreational activities and 
sightseeing. A Patrol Commander will be on-scene and will authorize 
recreational traffic to transit the safety zone if and when vessel 
movement is safe.

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 pleasure craft engaged in recreational activities and 
sightseeing in a portion of the Lower Colorado River, Laughlin, Nevada 
in the vicinity of the AVI Resort and Casino from 7:45 p.m. to 9:45 
p.m. (MST) on July 2, 2006.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
proposed zone will be in effect for only two hours. The safety zone 
only encompasses a small portion of the waterway, and the Captain of 
the Port may authorize entry into the zone, if necessary.
    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 
proposed 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, U.S. Coast Guard Sector San Diego at (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

[[Page 35232]]

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 
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 affect 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 
system 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. Paragraph 
(34)(g) of the Instruction applies because this rule establishes a 
safety zone.
    A preliminary ``Environmental Analysis Check List'' is 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; 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 temporary Sec.  165.T11-096 to read as follows:


Sec.  165.T11-096  Safety Zone; Fireworks, Lower Colorado River, 
Laughlin, NV.

    (a) Location. The following area is a safety zone: 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]00'45'' N, 114[deg]38'16'' W.
    (b) Effective Period. This section is effective from 7:45 p.m. 
(MST) through 9:45 p.m. (MST) on July 2, 2006. If the need for the 
safety zone ends before the scheduled termination time, the Captain of 
the Port will cease enforcement of this safety zone.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transit through, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port San Diego or his designated on-scene representative. 
Mariners requesting permission to transit through the safety zone may 
request authorization to do so from the Patrol Commander (PATCOM). The 
Patrol Commander may be contacted on 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,

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and petty officers of the Coast Guard on board 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: May 31, 2006.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Diego.
 [FR Doc. E6-9588 Filed 6-16-06; 8:45 am]
BILLING CODE 4910-15-P