81_FR_23299 81 FR 23223 - Special Local Regulation; Lake of the Ozarks, Lakeside, MO

81 FR 23223 - Special Local Regulation; Lake of the Ozarks, Lakeside, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range23223-23225
FR Document2016-09096

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.

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23223-23225]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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



                                                                      Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules                                            23223

                                               for making sure that your comment does                  FTC Act and other laws that the                         DEPARTMENT OF HOMELAND
                                               not include any sensitive health                        Commission administers permit the                       SECURITY
                                               information, such as medical records or                 collection of public comments to
                                               other individually identifiable health                  consider and use in this proceeding as                  Coast Guard
                                               information.                                            appropriate. The Commission will
                                                  In addition, do not include any                      consider all responsive public                          33 CFR Part 100
                                               ‘‘[t]rade secret or any commercial or                   comments that it receives on or before                  [Docket Number USCG–2016–0276]
                                               financial information which is . . .                    July 1, 2016. For information on the
                                               privileged or confidential,’’ as discussed                                                                      RIN 1625–AA08
                                                                                                       Commission’s privacy policy, including
                                               in Section 6(f) of the FTC Act, 15 U.S.C.
                                                                                                       routine uses permitted by the Privacy                   Special Local Regulation; Lake of the
                                               46(f), and FTC Rule 4.10(a)(2), 16 CFR
                                               4.10(a)(2). In particular, do not include               Act, see http://www.ftc.gov/ftc/                        Ozarks, Lakeside, MO
                                               competitively sensitive information                     privacy.htm.
                                                                                                                                                               AGENCY:   Coast Guard, DHS.
                                               such as costs, sales statistics,                        X. Proposed Rule Language
                                               inventories, formulas, patterns, devices,                                                                       ACTION:   Notice of proposed rulemaking.
                                               manufacturing processes, or customer                    List of Subjects in 16 CFR 304                          SUMMARY:   The Coast Guard proposes to
                                               names.                                                                                                          establish a special local regulation for
                                                  If you want the Commission to give                         Hobbies, Labeling, Trade practices.
                                                                                                                                                               certain waters of the Lake of the Ozarks.
                                               your comment confidential treatment,                      For the reasons set forth in the                      This action is necessary to provide for
                                               you must file it in paper form, with a                  preamble, the Federal Trade                             the safety of life on these navigable
                                               request for confidential treatment, and                 Commission proposes to amend 16 CFR                     waters near Lakeside, MO, during a
                                               you must follow the procedure                           part 304 as follows:                                    powerboat race on June 4, 2016. This
                                               explained in FTC Rule 4.9(c), 16 CFR                                                                            proposed rulemaking would designate
                                               4.9(c). In particular, the written request              PART 304—RULES AND                                      prohibited areas for the race course and
                                               for confidential treatment that                         REGULATIONS UNDER THE HOBBY                             associated safety buffer, spectator areas,
                                               accompanies the comment must include                    PROTECTION ACT                                          and location for vessels to transit during
                                               the factual and legal basis for the                                                                             the race at no wake speeds. Deviation
                                               request, and must identify the specific
                                                                                                       ■ 1. The authority citation for this part               from the established special local
                                               portions of the comments to be withheld
                                                                                                       continues to read as follows:                           regulation must be authorized by the
                                               from the public record. Your comment
                                                                                                           Authority: 15 U.S.C. 2101 et seq.
                                                                                                                                                               Captain of the Port Upper Mississippi
                                               will be kept confidential only if the FTC
                                                                                                                                                               River or a designated representative. We
                                               General Counsel, in his or her sole
                                                                                                       ■   2. Amend § 304.3 to read as follows:                invite your comments on this proposed
                                               discretion, grants your request in
                                                                                                                                                               rulemaking.
                                               accordance with the law and the public                  § 304.3     Applicability.
                                               interest.                                                                                                       DATES: Comments and related material
                                                  Postal mail addressed to the                           Any person engaged in the                             must be received by the Coast Guard on
                                               Commission is subject to delay due to                   manufacturing, or importation into the                  or before May 5, 2016.
                                               heightened security screening. As a                     United States for introduction into or                  ADDRESSES: You may submit comments
                                               result, we encourage you to submit your                 distribution in commerce, of imitation                  identified by docket number USCG–
                                               comment online. To make sure that the                   political or imitation numismatic items                 2016–0276 using the Federal
                                               Commission considers your online                        shall be subject to the requirements of                 eRulemaking Portal at http://
                                               comment, you must file it at https://                   the Act and the regulations promulgated                 www.regulations.gov. See the ‘‘Public
                                               ftcpublic.commentworks.com/ftc/                         thereunder. Any person engaged in the                   Participation and Request for
                                               hobbyprotectionrules, by following the                  sale in commerce of imitation                           Comments’’ portion of the
                                               instructions on the web-based form. If                  numismatic items shall be subject to the                SUPPLEMENTARY INFORMATION section for
                                               this Notice appears at http://                          requirements of the Act and the                         further instructions on submitting
                                               www.regulations.gov/#!home, you also                                                                            comments.
                                                                                                       regulations promulgated thereunder. It
                                               may file a comment through that Web
                                                                                                       shall be a violation of the Act and the                 FOR FURTHER INFORMATION CONTACT:     If
                                               site.
                                                                                                       regulations promulgated thereunder for                  you have questions about this proposed
                                                  If you file your comment on paper,
                                                                                                       a person to provide substantial                         rulemaking, call or email LCDR Sean
                                               write ‘‘Hobby Protection Rules Review’’
                                                                                                       assistance or support to any                            Peterson, Chief of Prevention, U.S. Coast
                                               on your comment and on the envelope,
                                                                                                       manufacturer, importer, or seller of                    Guard; telephone 314–269–2332, email
                                               and mail it to the following address:
                                                                                                       imitation numismatic items, or to any                   Sean.M.Peterson@uscg.mil.
                                               Federal Trade Commission, Office of the
                                               Secretary, 600 Pennsylvania Avenue                      manufacturer or importer of imitation                   SUPPLEMENTARY INFORMATION:
                                               NW., Suite CC–5610 (Annex B),                           political items, if that person knows or                I. Table of Abbreviations
                                               Washington, DC 20580. If possible,                      should have known that the
                                               submit your paper comment to the                        manufacturer, importer, or seller is                    CFR Code of Federal Regulations
                                                                                                                                                               COTP Captain of the Port
                                               Commission by courier, or overnight                     engaged in any practice that violates the               DHS Department of Homeland Security
                                               service. If you prefer to deliver your                  Act and the regulations promulgated                     FR Federal Register
                                               comment, deliver it to the following                    thereunder.                                             NPRM Notice of proposed rulemaking
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               address: Federal Trade Commission,                        By direction of the Commission.                       § Section
                                               Office of the Secretary, Constitution                                                                           U.S.C. United States Code
                                               Center, 400 7th Street SW., 5th Floor,                  Donald S. Clark,
                                                                                                       Secretary.                                              II. Background, Purpose, and Legal
                                               Suite 5610 (Annex B), Washington, DC
                                                                                                                                                               Basis
                                               20024.                                                  [FR Doc. 2016–09103 Filed 4–19–16; 8:45 am]
                                                  Visit the Commission Web site at                     BILLING CODE 6750–01–P                                    On March 16, 2016, the Lake Race
                                               http://www.ftc.gov to read this Notice                                                                          Steering Committee notified the Coast
                                               and the news release describing it. The                                                                         Guard that it will be hosting a


                                          VerDate Sep<11>2014   14:51 Apr 19, 2016   Jkt 238001   PO 00000    Frm 00036   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1


                                               23224                  Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules

                                               powerboat race from 9 a.m. until 6 p.m.                 Executive orders and we discuss First                  understanding this proposed rule. If the
                                               on June 4, 2016. This is the third year                 Amendment rights of protestors.                        rule would affect your small business,
                                               for this event and the sponsor has                                                                             organization, or governmental
                                                                                                       A. Regulatory Planning and Review
                                               indicated the intent to host this event                                                                        jurisdiction and you have questions
                                               annually. The Coast Guard will work                        Executive Orders 12866 and 13563                    concerning its provisions or options for
                                               with the sponsor for future occurrences                 direct agencies to assess the costs and                compliance, please contact the person
                                               and may propose to add this event and                   benefits of available regulatory                       listed in the FOR FURTHER INFORMATION
                                               special local regulation to the list of                 alternatives and, if regulation is                     CONTACT section. The Coast Guard will
                                               permanently recurring events for future                 necessary, to select regulatory                        not retaliate against small entities that
                                               years to eliminate the need for a                       approaches that maximize net benefits.                 question or complain about this
                                               separate rulemaking each year. For this                 Executive Order 13563 emphasizes the                   proposed rule or any policy or action of
                                               year, on June 4, several heats are                      importance of quantifying both costs                   the Coast Guard.
                                               planned to occur throughout the day in                  and benefits, of reducing costs, of
                                               the four-mile race course located on the                harmonizing rules, and of promoting                    C. Collection of Information
                                               Lake of the Ozarks Osage Branch.                        flexibility. This NPRM has not been
                                                                                                       designated a ‘‘significant regulatory                    This proposed rule would not call for
                                               Hazards from the powerboat race                                                                                a new collection of information under
                                               include capsizing of participating                      action,’’ under Executive Order 12866.
                                                                                                       Accordingly, the NPRM has not been                     the Paperwork Reduction Act of 1995
                                               vessels and loss of control of                                                                                 (44 U.S.C. 3501–3520).
                                               participating vessels. The Captain of the               reviewed by the Office of Management
                                               Port (COTP) Upper Mississippi River                     and Budget.                                            D. Federalism and Indian Tribal
                                               has determined that potential hazards                      This regulatory action determination                Governments
                                               associated with the powerboat race                      is based on the size, location, and
                                               would be a safety concern.                              duration of the special local regulation.                 A rule has implications for federalism
                                                                                                       Vessel traffic would be able to safely                 under Executive Order 13132,
                                                 The purpose of this rulemaking is to
                                                                                                       transit around the race course and                     Federalism, if it has a substantial direct
                                               ensure the safety of life on the navigable
                                                                                                       spectators will have designated                        effect on the States, on the relationship
                                               waters immediately prior to, during, and
                                                                                                       locations to view the race. Moreover, the              between the national government and
                                               immediately after the powerboat race.
                                                                                                       Coast Guard would include event                        the States, or on the distribution of
                                               The Coast Guard proposes this
                                                                                                       information in the Local Notice to                     power and responsibilities among the
                                               rulemaking under authority in 33 U.S.C.
                                                                                                       Mariners, and the rule would allow                     various levels of government. We have
                                               1233.
                                                                                                       vessels to seek permission to deviate                  analyzed this proposed rule under that
                                               III. Discussion of Proposed Rule                        from the regulation.                                   Order and have determined that it is
                                                                                                                                                              consistent with the fundamental
                                                  The COTP proposes to establish a                     B. Impact on Small Entities
                                                                                                                                                              federalism principles and preemption
                                               special local regulation from 9 a.m. until                 The Regulatory Flexibility Act of                   requirements described in Executive
                                               6 p.m. on June 4, 2016, designating the                 1980, 5 U.S.C. 601–612, as amended,                    Order 13132.
                                               race course and location of spectator                   requires Federal agencies to consider
                                               areas. Vessels transiting near the course                                                                         Also, this proposed rule does not have
                                                                                                       the potential impact of regulations on
                                               would be restricted to transiting at the                                                                       tribal implications under Executive
                                                                                                       small entities during rulemaking. The
                                               slowest safe speed. This special local                                                                         Order 13175, Consultation and
                                                                                                       term ‘‘small entities’’ comprises small
                                               regulation would cover navigable waters                                                                        Coordination with Indian Tribal
                                                                                                       businesses, not-for-profit organizations
                                               on the Lake of the Ozarks Osage Branch                                                                         Governments, because it would not have
                                                                                                       that are independently owned and
                                               between miles 0 and 4. The Coast Guard                                                                         a substantial direct effect on one or
                                                                                                       operated and are not dominant in their
                                               has also posted a map depicting the                                                                            more Indian tribes, on the relationship
                                                                                                       fields, and governmental jurisdictions
                                               location and restricted areas for this                                                                         between the Federal Government and
                                                                                                       with populations of less than 50,000.
                                               special local regulation in the docket.                                                                        Indian tribes, or on the distribution of
                                                                                                       The Coast Guard certifies under 5 U.S.C.
                                               Six anchorage areas for spectators will                                                                        power and responsibilities between the
                                                                                                       605(b) that this proposed rule would not
                                               be designated and are also shown on the                                                                        Federal Government and Indian tribes.
                                                                                                       have a significant economic impact on
                                               map and labeled as A through F. This                                                                           If you believe this proposed rule has
                                                                                                       a substantial number of small entities.
                                               map may be viewed as indicated under                       While some owners or operators of                   implications for federalism or Indian
                                               the ADDRESSESS section. The duration of                 vessels intending to transit the safety                tribes, please contact the person listed
                                               the regulation is intended to ensure the                zone may be small entities, for the                    in the FOR FURTHER INFORMATION
                                               safety of vessels and these navigable                                                                          CONTACT section.
                                                                                                       reasons stated in section IV.A. above
                                               waters before, during, and after the                    this proposed rule would not have a                    E. Unfunded Mandates Reform Act
                                               power boat race, scheduled from 9 a.m.                  significant economic impact on any
                                               to 6 p.m. No vessel or person would be                  vessel owner or operator.                                 The Unfunded Mandates Reform Act
                                               permitted to deviate from the special                      If you think that your business,                    of 1995 (2 U.S.C. 1531–1538) requires
                                               local regulation without obtaining                      organization, or governmental                          Federal agencies to assess the effects of
                                               permission from the COTP or a                           jurisdiction qualifies as a small entity               their discretionary regulatory actions. In
                                               designated representative. The                          and that this rule would have a                        particular, the Act addresses actions
                                               regulatory text we are proposing appears                significant economic impact on it,                     that may result in the expenditure by a
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               at the end of this document.                            please submit a comment (see                           State, local, or tribal government, in the
                                                                                                       ADDRESSES) explaining why you think it                 aggregate, or by the private sector of
                                               IV. Regulatory Analyses
                                                                                                       qualifies and how and to what degree                   $100,000,000 (adjusted for inflation) or
                                                 We developed this proposed rule after                 this rule would economically affect it.                more in any one year. Though this
                                               considering numerous statutes and                          Under section 213(a) of the Small                   proposed rule would not result in such
                                               Executive orders related to rulemaking.                 Business Regulatory Enforcement                        an expenditure, we do discuss the
                                               Below we summarize our analyses                         Fairness Act of 1996 (Pub. L. 104–121),                effects of this rule elsewhere in this
                                               based on a number of these statutes and                 we want to assist small entities in                    preamble.


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                                                                      Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules                                                 23225

                                               F. Environment                                          without change to http://                              anchorages, vessels may also anchor
                                                 We have analyzed this proposed rule                   www.regulations.gov and will include                   inside the protective coves.
                                               under Department of Homeland                            any personal information you have                        (b) Definitions. As used in this
                                               Security Management Directive 023–01                    provided. For more about privacy and                   section, designated representative
                                               and Commandant Instruction                              the docket, you may review a Privacy                   means a Coast Guard Patrol
                                               M16475.lD, which guide the Coast                        Act notice regarding the Federal Docket                Commander, including a Coast Guard
                                               Guard in complying with the National                    Management System in the March 24,                     coxswain, petty officer, or other officer
                                               Environmental Policy Act of 1969 (42                    2005, issue of the Federal Register (70                operating a Coast Guard vessel and a
                                               U.S.C. 4321–4370f), and have made a                     FR 15086).                                             Federal, State, and local officer
                                               preliminary determination that this                       Documents mentioned in this NPRM                     designated by or assisting the Captain of
                                               action is one of a category of actions that             as being available in the docket, and all              the Port Upper Mississippi River in the
                                               do not individually or cumulatively                     public comments, will be in our online                 enforcement of the regulation.
                                               have a significant effect on the human                  docket at http://www.regulations.gov                     (c) Regulations. (1) Under the general
                                               environment. This proposed rule                         and can be viewed by following that                    regulations in § 100.35 of this part,
                                               involves a special local regulation                     Web site’s instructions. Additionally, if              deviation from the regulations described
                                               designating the race course, location of                you go to the online docket and sign up                in paragraph (a) of this section is
                                               spectator area, and location for vessels                for email alerts, you will be notified                 prohibited unless authorized by the
                                               to transit during the race at slowest safe              when comments are posted or a final                    COTP Upper Mississippi River or
                                               speed. Normally such actions are                        rule is published.                                     designated representative.
                                               categorically excluded from further                                                                              (2) To seek permission to deviate from
                                                                                                       List of Subjects in 33 CFR Part 100                    the regulation, contact the COTP or the
                                               review under paragraph 34(h) of Figure
                                               2–1 of Commandant Instruction                             Marine safety, Navigation (water),                   COTP’s designated representative via
                                               M16475.lD. A preliminary                                Reporting and recordkeeping                            VHF–FM ch 16 or by calling Sector
                                               environmental analysis checklist and                    requirements, Waterways.                               Upper Mississippi River at 314–269–
                                               Categorical Exclusion Determination are                   For the reasons discussed in the                     2332.
                                               available in the docket where indicated                 preamble, the Coast Guard proposes to                    (d) Enforcement period. This section
                                               under ADDRESSES. We seek any                            amend 33 CFR part 100 as follows:                      will be enforced from 9 a.m. to 6 p.m.
                                               comments or information that may lead                                                                          on June 4, 2016.
                                               to the discovery of a significant                       PART 100—SAFETY OF LIFE ON                               Dated: April 14, 2016.
                                               environmental impact from this                          NAVIGABLE WATERS                                       M.L. Malloy,
                                               proposed rule.                                                                                                 Captain, U.S. Coast Guard, Captain of the
                                                                                                       ■ 1. The authority citation for part 100
                                                                                                                                                              Port Sector Upper Mississippi River.
                                               G. Protest Activities                                   continues to read as follows:
                                                                                                                                                              [FR Doc. 2016–09096 Filed 4–19–16; 8:45 am]
                                                 The Coast Guard respects the First                        Authority: 33 U.S.C. 1233.
                                                                                                                                                              BILLING CODE 9110–04–P
                                               Amendment rights of protesters.                         ■ 2. Add § 100.T08–0276 to read as
                                               Protesters are asked to contact the                     follows:
                                               person listed in the FOR FURTHER                                                                               DEPARTMENT OF HOMELAND
                                               INFORMATION CONTACT section to                          § 100.T08–0276 Special Local Regulation;
                                                                                                                                                              SECURITY
                                               coordinate protest activities so that your              Lake of the Ozarks; Lakeside, MO.
                                               message can be received without                           (a) Location. The following areas are                Coast Guard
                                               jeopardizing the safety or security of                  regulated areas: (1) Lake of the Ozarks
                                               people, places, or vessels.                             Osage Branch between miles 0 and 4;                    33 CFR Part 110
                                                                                                       the Bagnell Dam and Birdsong Hollow
                                               V. Public Participation and Request for                 Cove, covering the entire width of the                 [Docket No. USCG–2014–0142]
                                               Comments                                                branch. Access to the race course and
                                                  We view public participation as                      associated safety buffer area will be                  RIN 1625–AA01
                                               essential to effective rulemaking, and                  prohibited to authorized vessels only.
                                                                                                                                                              Anchorage Regulations; Special
                                               will consider all comments and material                 The safety buffer area for the course will
                                                                                                                                                              Anchorage Areas, Marina del Rey
                                               received during the comment period.                     be marked with blue buoy markers.
                                                                                                                                                              Harbor, California
                                               Your comment can help shape the                         Vessels transiting outside of the safety
                                               outcome of this rulemaking. If you                      buffer area shall proceed at no wake                   AGENCY:  Coast Guard, DHS.
                                               submit a comment, please include the                    speed. See attached map for additional                 ACTION: Notice of public meeting;
                                               docket number for this rulemaking,                      information on location.                               request for comments and change in
                                               indicate the specific section of this                     (2) Six designated areas will be                     comment period.
                                               document to which each comment                          available for spectators for the duration
                                               applies, and provide a reason for each                  of the races. The designated anchorage                 SUMMARY:   The Coast Guard announces a
                                               suggestion or recommendation.                           areas will be marked with blue and                     public meeting to receive comments on
                                                  We encourage you to submit                           yellow buoy marker. They are labeled                   a supplemental notice of proposed
                                               comments through the Federal                            A–F on the attached map. The                           rulemaking (NPRM) to revise the special
                                               eRulemaking Portal at http://                           anchorage areas are located a minimum                  anchorage in Marina del Rey Harbor,
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               www.regulations.gov. If your material                   of 100 feet outside the race course safety             California. Based on the comments
                                               cannot be submitted using http://                       buffer area marked with blue buoy                      received in response to the NPRM that
                                               www.regulations.gov, contact the person                 markers. The six anchorages are located                was published in the Federal Register
                                               in the FOR FURTHER INFORMATION                          in the following areas: Branch Rd Point;               on May 28, 2014, we published a
                                               CONTACT section of this document for                    Emerald Ln Point; Lotell Hollow Cove;                  supplemental NPRM proposing to
                                               alternate instructions.                                 McCoy Branch Cove; west of Duck Head                   amend the shape and reduce the size of
                                                  We accept anonymous comments. All                    Point; and Jennings Branch Cove. In                    the special anchorage in Marina del Rey
                                               comments received will be posted                        addition to the listed designated                      Harbor, California. Additionally, we


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Document Created: 2016-04-20 01:51:30
Document Modified: 2016-04-20 01:51:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 5, 2016.
ContactIf 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]
FR Citation81 FR 23223 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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