[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25561-25563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11922]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0251]
RIN 1625-AA08


Special Local Regulation; Great Western Tube Float; Parker, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the location of the 
special local regulation for the annual Great Western Tube Float event 
held on the navigable waters of the Colorado River, Parker, AZ. The 
change of the location for the special local regulation is necessary to 
provide for the safety of life on navigable waters during the event. 
This action will restrict vessel traffic in certain waters of the 
Colorado River, from 7 a.m. to 5 p.m. on June 9, 2018, from Buckskin 
Mountain State Park to La Paz County Park.

DATES: This rule is effective from 7 a.m. through 5 p.m. on June 9, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0251 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 email Lieutenant Junior Grade Briana Biagas, Waterways 
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 
619-278-7656, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking
SMIB Safety Marine Information Broadcast
TFR Temporary Final Rule

[[Page 25562]]

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 doing so would be impracticable. Due 
to the timing of the event, we are unable to issue a NPRM before the 
event is scheduled.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. This rule is necessary 
for the safety of life during the event on these navigable waters. For 
the reasons above, including the timing of the event, it would be 
impracticable to delay this rule to provide a full 30 days notice.

III. Legal Authority and Need for Rule

    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.
    Section 100.1102 of Title 33 of the CFR 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. The location listed in 
the Table indicates that the marine event will occur on the navigable 
waters of the Colorado River from La Paz County Park to the BlueWater 
Resort and Casino, immediately before the Headgate Dam. However, due to 
a change of the location of this year's event from Buckskin Mountain 
State Park to La Paz County Park, a temporary rule is needed to reflect 
the actual location of this year's event.
    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233, which authorizes the Coast Guard to establish and define special 
local regulations. The COTP San Diego is establishing a special local 
regulation for the waters of the Colorado River, Parker, AZ. The 
purpose of this rule is to ensure safety of participants, vessels and 
the navigable waters in the regulated area before, during, and after 
the scheduled event.

IV. Discussion of the Rule

    The Coast Guard is temporarily suspending the regulations in 33 CFR 
100.1102 for Table 1, Item 9 of that Section and is inserting a 
temporary regulation as Table 1, Item 20 of that Section in order to 
reflect that the special local regulation will be effective and 
enforced from 7:00 a.m. to 5:00 p.m. on June 9, 2018. 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. No other portion 
of Table 1 of Section 100.1102 or other provisions in Section 100.1102 
shall be affected by this regulation.
    Persons and vessels will be prohibited from anchoring, blocking, 
loitering, or impeding within this regulated waterway unless authorized 
by the COTP, or his designated representative, during the proposed 
times. 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.

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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
The Coast Guard will publish a LNM that details the vessel restrictions 
of the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 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 will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit or anchor in the impacted portion of the Colorado 
River, Parker, AZ, from 7:00 a.m. to 5:00 p.m. on June 9, 2018.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reason: The 
special local regulation is limited in size and duration. Before the 
effective period, the Coast Guard will publish event information on the 
internet in the weekly LNM marine information report. 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,

[[Page 25563]]

please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.
    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 determined 
that it is consistent with the fundamental federalism principles and 
preemption requirements described in E.O. 13132.
    Also, this 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 establishment of marine event special local regulations 
on the navigable waters of the Colorado River. It is categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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:  33 U.S.C. 1233


0
2. In Sec.  100.1102, in Table 1 to Sec.  100.1102, suspend item ``9'' 
and add item ``20'' 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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                      20. Great Western Tube Float
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Sponsor...................................  City of Parker, AZ.
Event Description.........................  River float.
Date......................................  June 9, 2018.
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: May 11, 2018.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2018-11922 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P