29658 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9T 

signed August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

to accommodate SIAPs at Marianna/Lee 

County Airport—Steve Edwards Field, 

Marianna, AR. This action is necessary 

for the safety and management of IFR 

operations at the airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures 

(44 FR 11034; February 26, 1979); and 

(3) does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at Marianna/Lee 

County Airport—Steve Edwards Field, 

Marianna, AR. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW AR E5 Marianna, AR [New] 

Marianna/Lee County Airport—Steve 

Edwards Field 

(Lat. 34°46′58′′ N., long. 90°48′36′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Marianna/Lee County Airport— 

Steve Edwards Field. 

Issued in Fort Worth, Texas, on May 13, 

2010. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2010–12364 Filed 5–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0151] 

RIN 1625–AA00 

Safety Zone; America’s Discount Tire 

50th Anniversary, Fireworks Display, 

South Lake Tahoe, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters in South Lake 

Tahoe, CA, in support of America’s 

Discount Tire 50th Anniversary 

Fireworks Display. This safety zone is 

established to ensure the safety of 

participants and spectators from the 

dangers associated with the 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port or his designated 

representative. 

DATES: This rule is effective from 10 

a.m. on July 11, 2010, to 9:50 p.m. on 

July 13, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0151 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2010–0151 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at two locations: 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 Ensign Elizabeth Ellerson at 

415–399–7436, or e-mail 

Elizabeth.M.Ellerson@uscg.mil. 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 it 

would be impracticable to complete the 

rulemaking process before the event 

occurs. Because of the dangers posed by 

the pyrotechnics used in these fireworks 

displays, the safety zone is necessary to 

provide for the safety of event 

participants, spectators, spectator craft, 

and other vessels transiting the event 

area. For the safety concerns noted, it is 

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Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 29659 

in the public interest to have these 

regulations in effect during the event. 

Background and Purpose 

America’s Discount Tire will sponsor 

their 50th Anniversary Celebration 

Fireworks Display on July 11 and 13, 

2010, on the navigable waters of South 

Lake Tahoe, CA. The fireworks display 

is meant for entertainment purposes. 

This safety zone establishes a temporary 

restricted area on the waters 

surrounding the fireworks launch site 

during loading of the pyrotechnics, and 

during the fireworks displays. This 

restricted area around the launch site is 

necessary to protect spectators, vessels, 

and other property from the hazards 

associated with the pyrotechnics on the 

fireworks barges. The Coast Guard has 

granted the event sponsor a marine 

event permit for the fireworks displays. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone for the waters of South Lake 

Tahoe, CA, centered around the 

fireworks launch site. This site will be 

located in position: 38°56′56.06′′ N, 

119°57′54.21′′ W (NAD 83). During the 

set up of the fireworks and until the 

start of the fireworks displays, the 

temporary safety zone will apply to the 

navigable waters around the fireworks 

sites within a radius of 100 feet, but 

during the displays themselves, the size 

of the safety zone will expand to 

encompass all navigable waters within 

1,000 feet of the launch site. Thus, 

enforcement of the zone will be as 

follows: 

1. From 10 a.m. until 4:30 p.m., and 

from 4:33 p.m. until 4:45 p.m. on July 

11, 2010, the safety zone will 

encompass all navigable waters within 

100 feet of the fireworks launch site. 

2. From 8 a.m. until 9:30 p.m., and 

from 9:38 p.m. until 9:50 p.m. on July 

13, the safety zone will encompass all 

navigable waters within 100 feet of the 

fireworks launch site. 

3. From 4:30 p.m. until 4:33 p.m. on 

July 11, 2010, and from 9:30 p.m. to 9:38 

p.m. on July 13, 2010, the safety zone 

will encompass all navigable waters 

within 1,000 feet of the fireworks 

launch site. 

4. The safety zone will not be 

enforced during other areas of the 

effective period. 

The effect of the temporary safety 

zones will be to restrict navigation in 

the vicinity of the fireworks sites while 

the fireworks are set up, and until the 

conclusion of the scheduled displays. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. These regulations 

are needed to keep spectators and 

vessels a safe distance away from the 

fireworks barges to ensure the safety of 

participants, spectators, and transiting 

vessels. 

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. 

Although this rule restricts access to 

the waters encompassed by the safety 

zones, the effect of this rule will not be 

significant. The entities most likely to 

be affected are pleasure craft engaged in 

recreational activities. In addition, the 

rule will only restrict access for a 

limited time. Last but not least, the 

Public Broadcast Notice to Mariners will 

notify the users of local waterway to 

ensure that the safety zone will result in 

minimum impact. 

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. 

Although this rule may affect owners 

and operators of pleasure craft engaged 

in recreational activities and 

sightseeing, it will not have a significant 

economic impact on a substantial 

number of small entities for several 

reasons: (i) This rule will encompass 

only a small portion of the waterway for 

a limited period of time; (ii) vessel 

traffic can pass safely around the area; 

(iii) vessels engaged in recreational 

activities and sightseeing have ample 

space outside of the affected areas of 

South Lake Tahoe, CA to engage in 

these activities; and (iv) the maritime 

public will be advised in advance of this 

safety zone via Broadcast Notice to 

Mariners. 

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 effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

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29660 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 

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 

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 0023.1 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 establishing, disestablishing, or 

changing Regulated Navigation Areas 

and security or safety zones. 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, and 

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, 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 § 165.T11–315 to read as 

follows: 

§ 165.T11–315 Safety Zone; 50th 

Anniversary Celebration, Fireworks Display, 

South Lake Tahoe, CA. 

(a) Location. This temporary safety 

zone is established for the waters of 

South Lake Tahoe, CA. The fireworks 

launch site is located in position: 

38°56′56.06′′ N, 119°57′54.21′′ W (NAD 

83). 

(1) From 10 a.m. until 4:30 p.m., and 

from 4:33 p.m. until 4:45 p.m. on July 

11, 2010, the safety zone will 

encompass all navigable waters within 

100 feet of the fireworks launch site. 

(2) From 8 a.m. until 9:30 p.m., and 

from 9:38 p.m. until 9:50 p.m. on July 

13, 2010, the safety zone will 

encompass all navigable waters within 

100 feet of the fireworks launch site. 

(3) From 4:30 p.m. until 4:33 p.m. on 

July 11, 2010, and from 9:30 p.m. to 9:38 

p.m. on July 13, 2010, the safety zone 

will encompass all navigable waters 

within 1,000 feet of the fireworks 

launch site. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. 

(1) Under the general regulations in 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or the COTP’s designated 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the designated 

representative. Persons and vessels may 

request permission to enter the safety 

zones on VHF–16 or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from 10 a.m. to 4:45 

p.m. on July 11, 2010, and from 8 a.m. 

to 9:50 p.m. on July 13, 2010. 

Dated: May 12, 2010. 

P.M. Gugg, 

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

Port San Francisco. 

[FR Doc. 2010–12739 Filed 5–26–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0023] 

RIN 1625–AA00 

Safety Zone; Wicomico Community 

Fireworks, Great Wicomico River, Mila, 

VA 

AGENCY: Coast Guard, DHS. 

WReier-Aviles on DSKGBLS3C1PROD with RULES