[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23223-23225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09096]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0276]
RIN 1625-AA08
Special Local Regulation; Lake of the Ozarks, Lakeside, MO
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special local
regulation for certain waters of the Lake of the Ozarks. This action is
necessary to provide for the safety of life on these navigable waters
near Lakeside, MO, during a powerboat race on June 4, 2016. This
proposed rulemaking would designate prohibited areas for the race
course and associated safety buffer, spectator areas, and location for
vessels to transit during the race at no wake speeds. Deviation from
the established special local regulation must be authorized by the
Captain of the Port Upper Mississippi River or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 5, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0276 using the Federal eRulemaking Portal at http://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 LCDR Sean Peterson, Chief of
Prevention, U.S. Coast Guard; telephone 314-269-2332, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 16, 2016, the Lake Race Steering Committee notified the
Coast Guard that it will be hosting a
[[Page 23224]]
powerboat race from 9 a.m. until 6 p.m. on June 4, 2016. This is the
third year for this event and the sponsor has indicated the intent to
host this event annually. The Coast Guard will work with the sponsor
for future occurrences and may propose to add this event and special
local regulation to the list of permanently recurring events for future
years to eliminate the need for a separate rulemaking each year. For
this year, on June 4, several heats are planned to occur throughout the
day in the four-mile race course located on the Lake of the Ozarks
Osage Branch. Hazards from the powerboat race include capsizing of
participating vessels and loss of control of participating vessels. The
Captain of the Port (COTP) Upper Mississippi River has determined that
potential hazards associated with the powerboat race would be a safety
concern.
The purpose of this rulemaking is to ensure the safety of life on
the navigable waters immediately prior to, during, and immediately
after the powerboat race. The Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation from 9
a.m. until 6 p.m. on June 4, 2016, designating the race course and
location of spectator areas. Vessels transiting near the course would
be restricted to transiting at the slowest safe speed. This special
local regulation would cover navigable waters on the Lake of the Ozarks
Osage Branch between miles 0 and 4. The Coast Guard has also posted a
map depicting the location and restricted areas for this special local
regulation in the docket. Six anchorage areas for spectators will be
designated and are also shown on the map and labeled as A through F.
This map may be viewed as indicated under the ADDRESSESS section. The
duration of the regulation is intended to ensure the safety of vessels
and these navigable waters before, during, and after the power boat
race, scheduled from 9 a.m. to 6 p.m. No vessel or person would be
permitted to deviate from the special local regulation without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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.
This regulatory action determination is based on the size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around the race course and spectators
will have designated locations to view the race. Moreover, the Coast
Guard would include event information in the Local Notice to Mariners,
and the rule would allow vessels to seek permission to deviate from the
regulation.
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 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 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 contact 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.
[[Page 23225]]
F. Environment
We have analyzed this proposed 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 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 a special
local regulation designating the race course, location of spectator
area, and location for vessels to transit during the race at slowest
safe speed. Normally such actions are categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary environmental analysis checklist
and Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. 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 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.
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 eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
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: 33 U.S.C. 1233.
0
2. Add Sec. 100.T08-0276 to read as follows:
Sec. 100.T08-0276 Special Local Regulation; Lake of the Ozarks;
Lakeside, MO.
(a) Location. The following areas are regulated areas: (1) Lake of
the Ozarks Osage Branch between miles 0 and 4; the Bagnell Dam and
Birdsong Hollow Cove, covering the entire width of the branch. Access
to the race course and associated safety buffer area will be prohibited
to authorized vessels only. The safety buffer area for the course will
be marked with blue buoy markers. Vessels transiting outside of the
safety buffer area shall proceed at no wake speed. See attached map for
additional information on location.
(2) Six designated areas will be available for spectators for the
duration of the races. The designated anchorage areas will be marked
with blue and yellow buoy marker. They are labeled A-F on the attached
map. The anchorage areas are located a minimum of 100 feet outside the
race course safety buffer area marked with blue buoy markers. The six
anchorages are located in the following areas: Branch Rd Point; Emerald
Ln Point; Lotell Hollow Cove; McCoy Branch Cove; west of Duck Head
Point; and Jennings Branch Cove. In addition to the listed designated
anchorages, vessels may also anchor inside the protective coves.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Upper Mississippi River in the enforcement of the
regulation.
(c) Regulations. (1) Under the general regulations in Sec. 100.35
of this part, deviation from the regulations described in paragraph (a)
of this section is prohibited unless authorized by the COTP Upper
Mississippi River or designated representative.
(2) To seek permission to deviate from the regulation, contact the
COTP or the COTP's designated representative via VHF-FM ch 16 or by
calling Sector Upper Mississippi River at 314-269-2332.
(d) Enforcement period. This section will be enforced from 9 a.m.
to 6 p.m. on June 4, 2016.
Dated: April 14, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2016-09096 Filed 4-19-16; 8:45 am]
BILLING CODE 9110-04-P