Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10443 

(4) James River Anchorages. (i) 

Anchorage I, Newport News. The waters 

bounded by a line connecting the 

following points: 

Latitude Longitude 

36°57′07.2′′ N 76°24′43.1′′ W 

36°56′23.1′′ N 76°24′26.8′′ W 

36°57′54.2′′ N 76°26′40.3′′ W 

36°56′03.5′′ N 76°24′35.8′′ W 

36°58′23.5′′ N 76°27′09.8′′ W 

36°58′49.0′′ N 76°27′09.8′′ W 

36°58′35.9′′ N 76°26′37.2′′ W 

36°57′52.2′′ N 76°26′01.6′′ W 

36°57′31.1′′ N 76°25′33.3′′ W 

(ii) Anchorage Berth I–1. The waters 

bounded by the arc of a circle with a 

radius of 400 yards and the center 

located at: 

Latitude Longitude 

36°57′09.0′′ N 76°25′20.4′′ W 

* * * * * 

Dated: February 14, 2007. 

Larry L. Hereth, 

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

Fifth Coast Guard District. 

[FR Doc. E7–4113 Filed 3–7–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Diego 07–025] 

RIN 1625–AA00 

Safety Zone; Fireworks, Lower 

Colorado River, Laughlin, NV 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

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 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 

April 30, 2007. 

ADDRESSES: You may mail comments 

and related material to Marine Events, 

Prevention Department, 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–

025], 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 81⁄2 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 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 

9:45 p.m. on May 27, 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°00′45′′ N., 114°38′16′′ W. Persons and 

vessels would 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. 

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. 


pwalker on PROD1PC71 with PROPOSALS
10444 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 

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 9:45 p.m. on May 27, 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. 

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 (Public Law 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. 

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. 

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 draft ‘‘Environmental Analysis Check 

List’’ and a draft ‘‘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; 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 temporary § 165.T11–170 to 

read as follows: 

§ 165.T11–170 Safety Zone; 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, 

centered in the navigational channel 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Proposed Rules 10445 

between Laughlin Bridge and the 

northwest point of the AVI Resort and 

Casino Cove, Lower Colorado River, 

Laughlin, NV in position 35°00′45′′ N, 

114°38′16′′ W. 

(b) Enforcement Period. This safety 

zone will be enforced from 8 p.m. until 

the end of the fireworks show on May 

27, 2007. The event is scheduled to 

conclude no later than 9:45 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 § 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: February 20, 2007. 

C.V. Strangfeld, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Diego. 

[FR Doc. E7–4114 Filed 3–7–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2001–0004; FRL–8284–1] 

RIN 2060–AN88 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Reasonable Possibility 

in Recordkeeping 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes revisions 

to the regulations governing the major 

new source review (NSR) programs 

mandated by parts C and D of title I of 

the Clean Air Act (CAA). These 

proposed changes clarify the 

‘‘reasonable possibility’’ recordkeeping 

and reporting standard of the 2002 NSR 

reform rules. The ‘‘reasonable 

possibility’’ standard identifies for 

sources and reviewing authorities the 

circumstances under which a major 

stationary source undergoing a 

modification that does not trigger major 

NSR must keep records. The standard 

also specifies the recordkeeping and 

reporting requirements on such sources. 

Recently, the U.S. Court of Appeals for 

the DC Circuit in New York v. EPA, 413 

F.3d 3 (DC Cir. 2005) (New York) 

remanded for the EPA either to provide 

an acceptable explanation for its 

‘‘reasonable possibility’’ standard or to 

devise an appropriately supported 

alternative. To satisfy the Court’s 

remand, we (the EPA) are proposing two 

alternative options to clarify what 

constitutes ‘‘reasonable possibility’’ and 

when the ‘‘reasonable possibility’’

recordkeeping requirements apply. The 

two options are the ‘‘percentage increase 

trigger’’ and the ‘‘potential emissions 

trigger.’’

DATES: Comments. Comments must be 

received on or before May 7, 2007. 

Public Hearing. If anyone contacts 

EPA requesting a public hearing by 

March 22, 2007, we will hold a public 

hearing approximately 30 days after 

publication in the Federal Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2001–0004 by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th St., NW., Washington, DC 

20503. 

• Hand Delivery: Environmental 

Protection Agency, EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2001–

0004. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, avoid any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to section I.B 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 


pwalker on PROD1PC71 with PROPOSALS