[Federal Register Volume 72, Number 83 (Tuesday, May 1, 2007)]
[Proposed Rules]
[Pages 23779-23781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8307]


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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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