51754 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

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 

guides 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)(h), of the Instruction, from further 

environmental documentation. Special 

local regulations issued in conjunction 

with a regatta or marine parade permit 

are specifically excluded from further 

analysis and documentation under that 

section. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Section 100.512 is revised to read 

as follows: 

§ 100.512 Chesapeakeman Ultra Triathlon, 

Choptank River, Cambridge, MD. 

(a) Regulated area. The regulated area 

includes all waters of the Choptank 

River within 200 yards either side of a 

line drawn northwesterly from a point 

on the shoreline at latitude 38°33′45′′ N, 

076°02′38′′ W, thence to latitude 

38°35′06′′ N, 076°04′42′′ W, a position 

located at Great Marsh Park, Cambridge, 

MD. All coordinates reference Datum 

NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant includes all persons 

participating in the Chesapeakeman 

Ultra Triathlon swim under the auspices 

of the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector 

Baltimore. 

(c) Special local regulations. (1) 

Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the swim course. 

(d) Enforcement period. This section 

will be enforced annually from 6:30 a.m. 

to 2:30 p.m. on the last Saturday in 

September. 

Dated: August 21, 2006. 

L.L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E6–14497 Filed 8–30–06; 8:45 am] 

BILLING CODE 4910–15–P 

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. 

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. 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 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 


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51756 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

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 § 165.T11–099 is 

added to read as follows: § 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 § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–06–065] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Choptank River, Cambridge, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during the ‘‘Cambridge 

Offshore Challenge’’, a marine event to 

be held over the waters of the Choptank 

River at Cambridge, Maryland. These 

special local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in the Choptank River during the 

event. 

DATES: This rule is effective from 10:30 

a.m. on September 23, 2006, to 4:30 

p.m. on September 24, 2006. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket (CGD05–06–

065) and are available for inspection or 

copying at Commander (dpi), Fifth 

Coast Guard District, 431 Crawford 

Street, Portsmouth, Virginia 23704–

5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 13, 2006, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Choptank River, 

Cambridge, MD in the Federal Register 

(71 FR 39613). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

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. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the safety of the event 

participants, support craft and other 

vessels transiting the event area. 

However, advance notifications will be 

made to affected waterway users via 

marine information broadcasts and area 

newspapers. 

Background and Purpose 

On September 23 and 24, 2006, the 

Chesapeake Bay Powerboat Association 

will sponsor the ‘‘2006 Cambridge 

Offshore Challenge’’, on the waters of 

the Choptank River at Cambridge, 

Maryland. The event will consist of 

approximately 40 offshore powerboats 

conducting high-speed competitive 

races between the Route 50 Bridge and 

Oystershell Point, MD. A fleet of 

approximately 250 spectator vessels is 


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