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)

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, 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.

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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