83 FR 25561 - Special Local Regulation; Great Western Tube Float; Parker, AZ
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 107 (June 4, 2018)
Coast Guard
Federal Register Volume 83, Issue 107 (June 4, 2018)
| Page Range | 25561-25563 | |
| FR Document | 2018-11922 |
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)] [Rules and Regulations] [Pages 25561-25563] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11922] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ------------------------------------------------------------------------ ------------------------------------------------------------------------ * * * * * ------------------------------------------------------------------------ 20. Great Western Tube Float ------------------------------------------------------------------------ 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. ------------------------------------------------------------------------ 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
![Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations 25561
Eligible items
Country Validated end-user Eligible destination Federal Register citation
(by ECCN)
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
China (People’s Re-
public of)
* * * * * * *
CSMC Technologies Corporation 1C350.c.4, 1C350.c.12, 2B230.a, CSMC Technologies Fab 1 Co., 76 FR 2802, 1/18/11. 76 FR
2B230.b, 2B350.f, 2B350.g, Ltd., 14 Liangxi Road, Wuxi, 37634, 6/28/11. 77 FR 10953,
2B350.h, 3B001.e, 3B001.h Jiangsu 214061, China. 2/24/12. 78 FR 23472, 4/19/13.
(except for multilayer masks CSMC Technologies Fab 2 Co., 78 FR 32981, 6/3/13.
with a phase shift layer de- Ltd., 8 Xinzhou Rd., Wuxi Na-
signed to produce ‘‘space quali- tional New Hi-Tech Industrial
fied’’ semiconductor devices), Development Zone, Wuxi,
3C002.a, and 3C004. Jiangsu 214028, China.
* * * * * * *
Samsung China Semiconductor 1C350.c.4, 1C350.d.10, 2B006.a, Samsung China Semiconductor 78 FR 41291, 7/10/13. 78 FR
Co. Ltd. 2B006.b.1.d, 2B230, Co., Ltd., No. 1999, North 69535, 11/20/13. 79 FR 30713,
2B350.d.2, 2B350.g.3, Xiaohe Road, Xi’an, China 5/29/14. 80 FR 11863, 3/5/15.
2B350.i.3, 3A233, 3B001.a.1, 710119.
3B001.b, 3B001.e, 3B001.f,
3B001.h, 3C002, 3C004,
3D002, and 3E001 (limited to
‘‘technology’’ for items classi-
fied under 3C002 and 3C004
and ‘‘technology’’ for use con-
sistent with the International
Technology Roadmap for Semi-
conductors process for items
classified under ECCNs 3B001
and 3B002).
Shanghai Huahong Grace Semi- 1C350.c.4, 1C350.d.10, 2B230, Shanghai Huahong Grace Semi- 78 FR 32981, 6/3/13.
conductor Manufacturing Cor- 2B350.d.2, 2B350.g.3, conductor Manufacturing Cor-
poration. 2B350.i.4, 3B001.a.1, 3B001.b, poration—HFab 2, 668
3B001.e, 3B001.f, 3B001.h, Guoshoujing Road, Zhangjiang
3C002, 3C004, 5B002, and Hi-Tech Park, Shanghai
5E002 (controlled by ECCNs 201203.
5A002, 5A004, or 5A992 that China Shanghai Huahong Grace
have been successfully re- Semiconductor Manufacturing
viewed under the encryption re- Corporation—HFab 1, 1188
view process specified in Sec- Chuanqiao Road, Pudong,
tions 740.17(b)(2) or Shanghai 201206 China.
740.17(b)(3) of the EAR). Shanghai Huahong Grace Semi-
conductor Manufacturing Cor-
poration—GFab1, 1399
Zuchongzhi Road, Zhangjiang
Hi-Tech Park, Shanghai
201203 China.
* * * * * * *
Dated: May 29, 2018. SUMMARY: The Coast Guard is Folder on the line associated with this
Karen H. Nies-Vogel, temporarily changing the location of the rule.
Director, Office of Exporter Services. special local regulation for the annual
FOR FURTHER INFORMATION CONTACT: If
[FR Doc. 2018–11875 Filed 6–1–18; 8:45 am] Great Western Tube Float event held on
you have questions on this rule, call or
BILLING CODE 3510–33–P the navigable waters of the Colorado
email Lieutenant Junior Grade Briana
River, Parker, AZ. The change of the
Biagas, Waterways Management, U.S.
location for the special local regulation
Coast Guard Sector San Diego, Coast
is necessary to provide for the safety of
DEPARTMENT OF HOMELAND Guard; telephone 619–278–7656, email
life on navigable waters during the
SECURITY event. This action will restrict vessel D11MarineEventsSD@uscg.mil.
Coast Guard traffic in certain waters of the Colorado SUPPLEMENTARY INFORMATION:
River, from 7 a.m. to 5 p.m. on June 9,
2018, from Buckskin Mountain State I. Table of Abbreviations
33 CFR Part 100
Park to La Paz County Park. CFR Code of Federal Regulations
[Docket No. USCG–2018–0251] COTP Captain of the Port
DATES: This rule is effective from 7 a.m.
DHS Department of Homeland Security
through 5 p.m. on June 9, 2018.
sradovich on DSK3GMQ082PROD with RULES
RIN 1625–AA08 FR Federal Register
ADDRESSES: To view documents LNM Local Notice to Mariners
Special Local Regulation; Great mentioned in this preamble as being NPRM Notice of Proposed Rulemaking
Western Tube Float; Parker, AZ available in the docket, go to http:// SMIB Safety Marine Information Broadcast
www.regulations.gov, type USCG–2018– TFR Temporary Final Rule
AGENCY: Coast Guard, DHS.
0251 in the ‘‘SEARCH’’ box and click
ACTION: Temporary final rule.
‘‘SEARCH.’’ Click on Open Docket
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![Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations 25563
please submit a comment (see will not result in such an expenditure, TABLE 1 TO § 100.1102
ADDRESSES) explaining why you think it we do discuss the effects of this rule
qualifies and how and to what degree elsewhere in this preamble.
this rule would economically affect it. * * * * *
Under section 213(a) of the Small F. Environment
20. Great Western Tube Float
Business Regulatory Enforcement
We have analyzed this rule under
Fairness Act of 1996 (Pub. L. 104–121), Sponsor ............. City of Parker, AZ.
Department of Homeland Security Event Descrip- River float.
we want to assist small entities in
understanding this rule. If the rule Management Directive 023–01 and tion.
Date ................... June 9, 2018.
would affect your small business, Commandant Instruction M16475.lD, Location ............. Parker, AZ.
organization, or governmental which guide the Coast Guard in Regulated Area The navigable waters of the Col-
jurisdiction and you have questions complying with the National orado River from Buckskin
Environmental Policy Act of 1969 (42 Mountain State Park to La Paz
concerning its provisions or options for County Park.
compliance, please contact the person U.S.C. 4321–4370f), and have
listed in the FOR FURTHER INFORMATION determined that this action is one of a
Dated: May 11, 2018.
CONTACT section. The Coast Guard will category of actions that do not
individually or cumulatively have a J.R. Buzzella,
not retaliate against small entities that
question or complain about this rule or significant effect on the human Captain, U.S. Coast Guard, Captain of the
Port San Diego.
any policy or action of the Coast Guard. environment. This rule involves
[FR Doc. 2018–11922 Filed 6–1–18; 8:45 am]
establishment of marine event special
C. Collection of Information BILLING CODE 9110–04–P
local regulations on the navigable
This rule calls for no new collection waters of the Colorado River. It is
of information under the Paperwork categorically excluded from further
Reduction Act of 1995 (44 U.S.C. 3501– DEPARTMENT OF HOMELAND
review under paragraph L61 of SECURITY
3520). Appendix A, Table 1 of DHS Instruction
D. Federalism and Indian Tribal Manual 023–01–001–01, Rev. 01. A Coast Guard
Government Record of Environmental Consideration
A rule has implications for federalism supporting this determination is 33 CFR Part 100
under E.O. 13132, Federalism, if it has available in the docket where indicated
under ADDRESSES. [Docket Number USCG–2018–0421]
a substantial direct effect on the States,
on the relationship between the national G. Protest Activities RIN 1625–AA08
government and the States, or on the
distribution of power and The Coast Guard respects the First Special Local Regulation; Gulfport
responsibilities among the various Amendment rights of protesters. Grand Prix, Boca Ciego Bay, Gulfport,
levels of government. We have analyzed Protesters are asked to contact the FL
this rule under that Order and person listed in the FOR FURTHER
determined that it is consistent with the AGENCY: Coast Guard, DHS.
INFORMATION CONTACT section to
fundamental federalism principles and coordinate protest activities so that your ACTION: Temporary final rule.
preemption requirements described in message can be received without
E.O. 13132. SUMMARY: The Coast Guard is
jeopardizing the safety or security of establishing a special local regulation on
Also, this rule does not have tribal
people, places or vessels. the waters of the Boca Ciego Bay in the
implications under Executive Order
13175, Consultation and Coordination List of Subjects in 33 CFR Part 100 vicinity of Gulfport, Florida, during the
with Indian Tribal Governments, Gulfport Grand Prix High Speed Boat
because it would not have a substantial Marine safety, Navigation (water), Race. Approximately 50 boats, 16 feet in
direct effect on one or more Indian Reporting and recordkeeping length, traveling at speeds in excess of
tribes, on the relationship between the requirements, and Waterways. 120 miles per hour are expected to
Federal Government and Indian tribes, participate. Additionally, it is
For the reasons discussed in the anticipated that 20 spectator vessels will
or on the distribution of power and
preamble, the Coast Guard amends 33 be present along the race course. The
responsibilities between the Federal
CFR part 100 as follows: special local regulation is necessary to
Government and Indian tribes. If you
believe this rule has implications for protect the safety of race participants,
PART 100—SAFETY OF LIFE ON participant vessels, spectators, and the
federalism or Indian tribes, please NAVIGABLE WATERS
contact the person listed in the FOR general public on navigable waters of
FURTHER INFORMATION CONTACT section the United States during the event. The
■ 1. The authority citation for part 100 special local regulation will establish
above.
continues to read as follows: two regulated areas: (1) A race area
E. Unfunded Mandates Reform Act where all non-participant persons and
Authority: 33 U.S.C. 1233
The Unfunded Mandates Reform Act vessels are prohibited from entering,
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. In § 100.1102, in Table 1 to transiting through, anchoring in, or
Federal agencies to assess the effects of § 100.1102, suspend item ‘‘9’’ and add remaining within the regulated area
sradovich on DSK3GMQ082PROD with RULES
their discretionary regulatory actions. In item ‘‘20’’ to read as follows: unless authorized by the Captain of the
particular, the Act addresses actions Port St. Petersburg (COTP) or a
that may result in the expenditure by a § 100.1102 Annual Marine Events on the designated representative; and (2) a
Colorado River, between Davis Dam buffer zone where designated
State, local, or tribal government, in the
(Bullhead City, Arizona) and Headgate Dam
aggregate, or by the private sector of representatives may control vessel
(Parker, Arizona).
$100,000,000 (adjusted for inflation) or traffic as deemed necessary by the COTP
more in any one year. Though this rule * * * * * St. Petersburg or a designated
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Document Created: 2018-06-02 00:47:44
Document Modified: 2018-06-02 00:47:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 7 a.m. through 5 p.m. on June 9, 2018. | |
| 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] | |
| FR Citation | 83 FR 25561 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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