[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Rules and Regulations]
[Pages 51754-51756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7358]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Lower Colorado River, Laughlin, NV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Lower Colorado River, Laughlin, Nevada in support of the Laughlin Labor 
Day Fireworks Display. 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 in 
the vicinity of the Lower Colorado River, Laughlin, Nevada, AVI Resort 
and Casino. 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 on-scene 
representative.

DATES: This rule is effective from 8 p.m. through 9:30 p.m. on 
September 3, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket COTP San Diego 06-025 and are available for 
inspection or copying at 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, Ports and Waterways Management, U.S. Coast Guard Sector San Diego 
at (619) 278-7277.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On Monday, June 19, 2006, we published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone; Lower Colorado River, Laughlin, 
NV in the Federal Register (71 FR 117). We did not receive any letters 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    AVI Resort and Casino is sponsoring the Labor Day Fireworks 
Display, which is held in the vicinity of AVI Resort and Casino on the 
Lower Colorado River, Laughlin, Nevada. This temporary safety zone is 
necessary to provide for the safety of the participants, crew, 
spectators, sponsor vessels, and other users of the waterway, as 
fireworks displays are considered dangerous to human life.
    The safety zone extends over an area with an approximate 980-foot 
radius centered around an anchored firing barge. The sponsor has been 
provided one (1) Ft. Mojave Fire Department vessel and two (2) Nevada 
Fish and Game vessels to provide safety and patrol this event.

[[Page 51755]]

Discussion of Comments and Changes

    No comment or change issues were raised during the proposal period 
to the regulatory text.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full regulatory evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This determination is based on the size and location of the safety 
zone within the water. The safety zone is of a limited duration, and is 
limited to a relatively small compared to the surrounding geographic 
area. A Patrol Commander will be on-scene and will authorize 
recreational traffic when vessel movement is safe.

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 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 8 p.m. to 9:30 p.m. September 3, 2006. This safety zone 
would not have a significant economic impact on a substantial number of 
small entities for the following reasons: (i) The proposed zone is only 
in effect for one and a half (1.5) hours; (ii) vessel traffic would not 
be able to safely pass around the safety zone; (iii) vessels engaged in 
recreational activities would not have ample space outside of the 
safety zone to engage in these activities.
    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 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. 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, 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. 
Small businesses may send comments on the actions of Federal employees 
who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency

[[Page 51756]]

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 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 concluded 
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, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation because this event establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``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; 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.


0
2. A new temporary Sec.  165.T11-099 is added to read as follows: Sec.  
165.T11-099 Safety Zone; Lower Colorado River, Laughlin, NV.
    (a) Location. The Coast Guard proposes establishing a temporary 
safety zone for the AVI Labor Day Fireworks Display. The limits of this 
temporary safety zone extend to an area with a radius of approximately 
980 feet radius around 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.
    (b) Effective Period. This section is effective from 8 p.m. through 
9:30 p.m. on September 03, 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 of the designated 
on-scene patrol personnel. Patrol personnel can be comprised of 
commissioned, warrant, 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 the 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: August 15, 2006.
R.E. Walker,
Commander, U.S. Coast Guard, Captain of the Port, Acting.
[FR Doc. 06-7358 Filed 8-30-06; 8:45 am]
BILLING CODE 4910-15-P