[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Rules and Regulations]
[Pages 37339-37341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12627]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0217]
RIN 1625-AA08
Special Local Regulation; Great Western Tube Float; Colorado
River, Parker, AZ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the location of the special local
regulation for the annual Great Western Tube Float, which is held on
the navigable waters of the Colorado River in Parker, AZ. The change of
the location for the special local regulation is necessary to provide
for the safety of life on the navigable waters during the event. This
action will restrict vessel traffic in certain waters of the Colorado
River, from 7 a.m. to 6 p.m. one Saturday in June, from Buckskin
Mountain State Park to La Paz County Park.
DATES: This rule is effective July 22, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0217 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or Lieutenant Briana Biagas, Waterways Management, U.S. Coast
Guard; telephone 619-278-7656, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Great Western Tube Float is an annual recurring event listed in
Table 1, Item 9 of 33 CFR 100.1102, Annual Marine Events on the
Colorado River, between Davis Dam (Bullhead City, Arizona) and Headgate
Dam (Parker, Arizona). Special local regulations exist for the marine
event to allow for special use of the Colorado River, Parker, AZ for
this event.
On March 17, 2020, the Parker Area Chamber of Commerce notified the
Coast Guard that the location of the marine event was being changed.
The new location for the Great Western Tube Float will provide
effective control over the marine event and insure safety of life in
the regatta or marine parade area. In response, on April 27, 2020, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Special Local Regulation; Great Western Tube Float; Colorado River,
Parker, AZ (85 FR 23264). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
annual marine event. During the comment period that ended May 12, 2020,
we received 1 comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port San Diego (COTP) has determined this
rule is needed to change the location of the marine event to the
navigable waters of the Colorado River from Buckskin Mountain State
Park to La Paz County Park, to reflect the actual location of this
event. This change is needed to accommodate the sponsor's event plan
and ensure that adequate regulations are in place to protect the safety
of vessels and individuals that may be present in the regulated area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published April
27, 2020. The commenter supported the Coast Guard's proposal to change
the location of the marine event. The commenter noted they have rafted
down the Colorado River many times and know how treacherous the river
can be. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule changes the location of the Great Western Tube Float, an
annual
[[Page 37340]]
event normally held on a Saturday in June on the waters of the Colorado
River, Parker, AZ.
33 CFR 100.1102 lists the annual marine events and special local
regulations on the Colorado River, between Davis Dam (Bullhead City,
Arizona) and Headgate Dam (Parker, Arizona). The enforcement date and
regulated location for this marine event are listed in Table 1, Item 9
of Section 100.1102.
This rule changes the location to the navigable waters of the
Colorado River from Buckskin Mountain State Park to La Paz County Park,
to reflect the actual location of this event. This change is needed to
accommodate the sponsor's event plan and ensure that adequate
regulations are in place to protect the safety of vessels and
individuals that may be present in the regulated area.
The special local regulations are necessary to provide for the
safety of the crew, spectators, participants, and other vessels and
users of the Colorado River waterway. Persons and vessels will continue
to be prohibited from anchoring, blocking, loitering, or impeding
within this regulated waterway during the enforcement period unless
authorized by the COTP, or his designated representative. Additionally,
movement of all vessels within the regulated area and entry of all
vessels into the regulated area will be restricted. Before the
effective period, the Coast Guard will publish information on the event
in the weekly LNM. The proposed regulatory text appears at the end of
this document.
V. Regulatory Analysis
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
This event takes place annually on one Saturday in June and will
utilize only a small portion of the Colorado River during the event.
This event is already included in our regulations, the only change is
to the location on the river where the event would take place. The
Coast Guard will publish a local notice to mariners in the weeks before
the event that details the vessel restrictions of the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received 00 comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of marine event special local regulations on the
navigable waters of the Colorado River. It is
[[Page 37341]]
categorically excluded from further review under paragraph L61of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and 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
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.1102, in Table 1 to Sec. 100.1102, revise item ``9''
to read as follows:
Sec. 100.1102 Annual Marine Events on the Colorado River, between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).
* * * * *
Table 1 to Sec. 100.1102
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9. Great Western Tube Float
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Sponsor........................... City of Parker, AZ.
Event Description................. River float.
Date.............................. One Saturday in June.
Location.......................... Parker, AZ.
Regulated Area.................... The navigable waters of the Colorado
River from Buckskin Mountain State
Park to La Paz County Park.
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Dated: June 3, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-12627 Filed 6-19-20; 8:45 am]
BILLING CODE 9110-04-P