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Safety Zone; Lower Colorado River, Laughlin, NV
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 31, 2006 (Volume 71, Number 169)]
[Rules and Regulations]
[Page 51754-51756]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au06-11]
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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.
? 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
? 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. 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