[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Rules and Regulations]
[Pages 2579-2581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-692]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1112]
RIN 1625-AA00


Safety Zone; Lake Mead Intake Construction, Lake Mead, Boulder 
City, NV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable 
waters of Lake Mead in support of the construction project for Lake 
Mead's Intake 3 during the first 6 months of 2011. Blasting 
will take place at regular intervals at the location and in the manner 
set forth herein. This safety zone is necessary to ensure unauthorized 
personnel and vessels remain safe by keeping clear of the hazardous 
area during blasting operations. Persons and vessels are prohibited 
from entering into, transiting through, or anchoring within this safety 
zone unless authorized by the Captain of the Port (COTP) or his 
designated representative.

DATES: This rule is effective in the CFR on January 14, 2011 through 
June 30, 2011. This rule is effective with actual notice for purposes 
of enforcement from January 1, 2011 until June 30, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-1112 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-1112 in the 
``Keyword'' box, and then clicking ``Search.'' They are 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 BM1 Shane Jackson, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7267, 
e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because such publication would be impractical 
given the timing of the construction. Immediate action is necessary to 
ensure the safety of commercial and recreational vessels in the 
vicinity of any blasting on the dates and times this rule will be in 
effect.

[[Page 2580]]

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delay in the effective date will 
be contrary to the public interest. Immediate action is needed to 
ensure public safety in the vicinity of blasting activities.

Background and Purpose

    Vegas Tunnel Construction will be conducting intermittent blasting 
operations for the placement of a water intake pipe in Lake Mead during 
the first 6 months of 2011. A safety zone is necessary to ensure 
unauthorized personnel and vessels remain safe by keeping clear of the 
hazardous area during blasting operations.

Discussion of Rule

    The Coast Guard is establishing a safety zone from January 1, 2011 
through June 30, 2011. The safety zone will be enforced only during 
blasting operations, which will occur weekly at 8 a.m. and 11 a.m., 
Mondays through Thursdays, and 8 a.m. on Fridays. Operations will be 
preceded by a local Broadcast Notice to Mariners at least one hour 
prior to the commencement of each blast. In the event additional blasts 
are required due to the needs of the construction company, the public 
will be notified as soon as practicable, but in no event less than one 
hour prior to blasting.
    The limits of the safety zone will include the navigable waters 
within a 1300 foot radius of construction vessels during transit and 
while at the blast site located at approximately 36[deg]05'24'' N, 
114[deg]45'60'' W. This safety zone is necessary to ensure unauthorized 
personnel and vessels remain safe by keeping clear of the hazardous 
area during blasting activities. Persons and vessels are prohibited 
from entering into, transiting through, or anchoring within this safety 
zone unless authorized by the Captain of the Port (COTP) or his 
designated representative.

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.
    We expect the economic impact of this 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 is a small 
zone in a wide area of Lake Mead, and it will only be enforced 
intermittently. Commercial and recreational vessels will not be allowed 
to transit through the safety zone while blasting operations are being 
conducted. However, these vessels will be able to travel around the 
safety zone.

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 the vicinity of Lake Mead Intake 3 (approximately 
36[deg]05'24'' N, 114[deg]45'60'' W) during blasting operations from 
January 1, 2011 through June 30, 2011.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced only when blasting work is actively being 
conducted. Vessel traffic can pass safely around the zone. Before the 
effective period, the construction company will issue a Broadcast 
Notice to Mariners (BNM) at least one hour prior to the beginning of 
blasting and the enforcement of this zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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 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

[[Page 2581]]

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 which 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 the 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.
    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.T11-387 to read as follows:


Sec.  165.T11-387  Safety Zone; Lake Mead Intake Construction; Lake 
Mead, Boulder City, NV

    (a) Location. The limits of the safety zone will include the 
navigable waters of Lake Mead within a 1300 foot radius of the 
construction vessels working on Lake Mead Intake 3, located at 
approximately 36[deg]05'24'' N, 114[deg]45'60'' W.
    (b) Enforcement Period. This section will be in effect from January 
1, 2011 through June 30, 2011. The safety zone will only be enforced 
during blasting operations. Blasting operations will occur weekly at 8 
a.m. and 11 a.m., Mondays through Thursdays, and at 8 a.m. on Fridays. 
The Coast Guard will publish a Local Notice to Mariners before the rule 
takes effect. The construction crew will notify the public via 
Broadcast Notice to Mariners at least one hour prior to commencement of 
each blasting operation. In the event additional blasts are required 
due to the needs of the construction company, the public will be 
notified as soon as practicable, but in no event less than one hour 
prior to blasting. If blasting concludes prior to the scheduled 
termination time, the COTP will cease enforcement of this safety zone 
and a Broadcast Notice to Mariners will be issued to notify the public 
that enforcement has ended.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means Commissioned, Warrant, or Petty 
Officers of the Coast Guard, Coast Guard Auxiliary, or local, state, 
and federal law enforcement vessels who have been authorized to act on 
the behalf of the COTP.
    (2) Unauthorized personnel and vessels, means any civilian boats, 
fishermen, divers, and swimmers.
    (d) Regulations. (1) Entry into, transit through or anchoring 
within this safety zone is prohibited unless authorized by the COTP San 
Diego or his designated representative.
    (2) Unauthorized personnel and vessels wishing to transit through 
the safety zone may request authorization to do so from the COTP San 
Diego or his designated representative using VHF-FM Channel 16, or 
telephone number (619) 278-7033.
    (3) Vessels involved in construction operations are allowed within 
the confines of the established safety zone.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard COTP or his designated representative.
    (5) Upon being hailed by U.S. Coast Guard or other official 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel shall proceed as directed.
    (6) The Coast Guard may be assisted by other federal, state, or 
local agencies.

    Dated: December 29, 2010.
P.J. Hill,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2011-692 Filed 1-13-11; 8:45 am]
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