
[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 Sean.M.Peterson@uscg.mil.

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


