[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