[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23264-23266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08393]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing 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. 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. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 12, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0217 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Briana Biagas, Waterways 
Management, U.S. Coast Guard; telephone 619-278-7656, email 
D11MarineEventsSD@uscg.mil.

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, Purpose, and Legal Basis

    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.
    The purpose of this rulemaking is to update the location for the 
Great Western Tube Float which will provide effective control over the 
marine event and insure safety of life in the regatta or marine parade 
area. The Coast Guard is proposing this rulemaking under authority in 
46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The Great Western Tube Float is an annual 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.
    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, this rule will change 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 
year's 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. No other portion of Table 1 of Section 100.1102 or other 
provisions in Section 100.1102 would be affected by this regulation.
    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.

[[Page 23265]]

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 utlize 
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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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, 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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves the 
establishment of marine event special local regulations on the 
navigable waters of the Colorado River. Normally such actions are 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal

[[Page 23266]]

eRulemaking Portal at https://www.regulations.gov. If your material 
cannot be submitted using https://www.regulations.gov, call or email 
the person in the FOR FURTHER INFORMATION CONTACT section of this 
document for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 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, amend item ``9'' to 
read as follows:

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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: April 15, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-08393 Filed 4-24-20; 8:45 am]
 BILLING CODE 9110-04-P


