[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29768-29770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11339]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 regulation designates
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.
DATES: This rule is effective from 9 a.m. to 6 p.m. on June 4, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0276 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 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 Information and Regulatory History
On March 16, 2016, the Lake Race Steering Committee notified the
Coast Guard that it will be hosting a powerboat race from 9 a.m. until
6 p.m. on June 4, 2016. In response, on April 20, 2016, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Special Local
Regulation; Lake of the Ozarks, Lakeside, MO (81 FR 23223). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this powerboat race. During the comment
period that ended May 5, 2016, we received no comments.
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. On March 16, 2016, the
Coast Guard was notified of the event being held and an NPRM with a 15
day comment period was published on April 20, 2016. Though we are not
providing a full 30 day notice period, the Coast Guard did provide
notice and opportunity to comment through the NPRM process and is now
providing less than 30 days notice before the final rule goes into
effect on June 4, 2016. It is impracticable to provide a full 30-days
notice because this rule must be effective June 4, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port (COTP) Upper Mississippi River has
determined that potential hazards associated with the powerboat race
are a safety concern. The purpose of this rule is to ensure safety of
vessels and the navigable waters in the special local regulation
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
20, 2016. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. This rule establishes 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 will be restricted to transiting at the slowest safe speed.
This special local regulation covers 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 are designated and are also shown on the map and labeled as
A through F. This map may be viewed as indicated under the ADDRESSES
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 will be permitted to deviate from the special local regulation
without obtaining permission from the COTP or a designated
representative.
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 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 rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed
[[Page 29769]]
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
will be able to safely transit around the race course and spectators
will have designated locations to view the race. Moreover, the Coast
Guard is including event information in the Local Notice to Mariners,
and the rule allows 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 received no 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
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.
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 a special local regulation designating the race course,
location of spectator areas, and location for vessels to transit during
the race at slowest safe speed. It is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a 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 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.
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--REGATTAS AND MARINE PARADES
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
[[Page 29770]]
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,
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: May 6, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2016-11339 Filed 5-12-16; 8:45 am]
BILLING CODE 9110-04-P