[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26565-26567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12008]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0443]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is issuing this rulemaking to change 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.

DATES: This rule is effective from 7:00 a.m. through 6:00 p.m. on June 
8, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0443 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 Briana Biagas, 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 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. We 
were notified that the event location would be changed permanently on 
April 26, 2019. Due to the timing of the event we are unable to issue a 
NPRM before the event is scheduled.
    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 of 
this rule would be impracticable because the immediate implementation 
is necessary to ensure the safety of life during the Great Western Tube 
Float event.

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 Sec.  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 46 U.S.C. 
70041, 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 Item 100.1102T11-0443 of that Section in order 
to reflect that the special local regulation will be effective and 
enforced from 7:00 a.m. to 6:00 p.m. on June 8, 2019. 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 Sec.  100.1102 or other provisions in Sec.  100.1102 
shall be affected by this regulation.

V. Regulatory Analyses

    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

[[Page 26566]]

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. 
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, 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.
    While some owners or operators of vessels intending to transit the 
regulated area 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 
contact 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. 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 
Directive 023-01 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 establishment of marine event special 
local regulations on the navigable waters of the Colorado River. It is 
categorically excluded from further review under paragraph L[61] in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. 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, 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, suspend item ``9'' 
and add item ``100.1102T11-0443'' in numerical order 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).

* * * * *

[[Page 26567]]



                       Table 1 to Sec.   100.1102
              [All coordinates referenced use datum NAD 83]
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                              * * * * * * *
               100.1102T11-0443. Great Western Tube Float
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Sponsor...........................  City of Parker, AZ.
Event Description.................  River float.
Date..............................  June 8, 2019.
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, 2019.
J.R. Buzzella,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2019-12008 Filed 6-6-19; 8:45 am]
 BILLING CODE 9110-04-P