83_FR_25472 83 FR 25366 - Special Local Regulation; Lake of the Ozarks, Bagnell, MO

83 FR 25366 - Special Local Regulation; Lake of the Ozarks, Bagnell, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 106 (June 1, 2018)

Page Range25366-25369
FR Document2018-11774

The Coast Guard is establishing a temporary special local regulation for all navigable waters of the Osage arm of the Lake of the Ozarks from mile marker (MM) 0.0 to MM 0.4 in Bagnell, MO. This special local regulation is necessary to protect the public, participants, spectators, and the marine environment from potential hazards during the Lake Race 2018. Entry of persons or vessels into this regulated area is prohibited unless authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

Federal Register, Volume 83 Issue 106 (Friday, June 1, 2018)
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25366-25369]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11774]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0307]
RIN 1625-AA08


Special Local Regulation; Lake of the Ozarks, Bagnell, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Osage arm of the Lake of the 
Ozarks from mile marker (MM) 0.0 to MM 0.4 in Bagnell, MO. This special 
local regulation is necessary to protect the public, participants, 
spectators, and the marine environment from potential hazards during 
the Lake Race 2018. Entry of persons or vessels into this regulated 
area is prohibited unless authorized by the Captain of the Port Sector 
Upper Mississippi River or a designated representative.

DATES: This rule is effective from 7 a.m. through 6 p.m. on June 2, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 25367]]

available in the docket, go to http://www.regulations.gov, type USCG-
2018-0307 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 314-269-2568, email Sean.M.Peterson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. This 
special local regulation must be established by June 2, 2018 and we 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule. The NPRM process 
would delay the establishment of the special local regulation until 
after the scheduled date of the power boat race and compromise public 
safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is necessary to ensure the safety the public, 
participants, spectators, and the marine environment during the power 
boat race.

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 Sector Upper Mississippi River (COTP) has 
determined that potential hazards associated with the Lake Race 2018 
occurring on June 2, 2018 will be a safety concern for persons and 
vessels within four tenths of a mile stretch of the Osage arm of the 
Lake of the Ozarks. The purpose of this rule is to ensure safety of the 
public, participants, spectators, and the marine environment in the 
regulated area before, during, and after the Lake Race 2018.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 7 
a.m. through 6 p.m. on June 2, 2018 on all navigable waters of the 
Osage arm of the Lake of the Ozarks from mile marker (MM) 0.0 to MM 0.4 
in Bagnell, MO. The duration of the special local regulation is 
intended to protect the public from the power boat race before, during, 
and after the event. No vessel or person is permitted to enter the 
regulated area without obtaining permission from the COTP or a 
designated representative. A designated representative may be a Patrol 
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or 
Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP or a designated representative to patrol the regulated area.
    Spectator vessels desiring to enter, transit through or within, or 
exit the regulated area may do so only with permission from the COTP or 
a designated representative, and when permitted, must operate at a 
minimum safe navigation speed in a manner which will not endanger 
participants in the regulated area or any other vessels. No spectator 
vessel shall anchor, block, loiter, or impede the through transit of 
participants or official patrol vessels in the regulated area during 
the effective dates and times, unless cleared for entry by or through 
an official patrol vessel. Any spectator vessel may anchor outside the 
regulated area, but may not anchor in, block, or loiter in a navigable 
channel. Spectator vessels may be moored to a waterfront facility 
within the regulated area in such a way that they shall not interfere 
with the progress of the event. Such mooring must be complete at least 
30 minutes prior to the establishment of the regulated area and remain 
moored through the duration of the event.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the directions given. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the event or 
the operation of any vessel at any time it is deemed necessary for the 
protection of life or property. The COTP or a designated representative 
will terminate enforcement of the special local regulations at the 
conclusion of the event.
    The COTP or a designated representative will inform the public of 
the enforcement times and date for this regulated area through 
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 
and/or Marine Safety Information Bulletins (MSIBs) as appropriate.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day for the special local regulation. 
This special local regulation cover a less than half-mile stretch of 
the arm of the Osage arm of the Lake of the Ozarks for eleven hours on 
one day. Moreover, the Coast Guard will issue BNMs via VHF-FM marine 
channel 16 about the regulation so that waterway

[[Page 25368]]

users may plan accordingly for transits during this restriction, and 
the rule allows vessels to seek permission from the COTP or a 
designated representative to enter the regulated area.

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 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 
regulated area 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 above.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 lasting eleven hours on a four-tenths of a 
mile stretch of the Osage arm of the Lake of the Ozarks. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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--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; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0307 to read as follows:


Sec.  100.35T08-0307  Special Local Regulation; Lake of the Ozarks, 
Bagnell, MO.

    (a) Location. The following area is a special local regulation: All 
navigable waters of the Osage arm of the Lake of the Ozarks from mile 
marker (MM) 0.0 to MM 0.4 in Bagnell, MO.
    (b) Effective period. This section is effective from 7 a.m. through 
6 p.m. on June 2, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35, entry into this regulated area is prohibited unless 
authorized by the Captain of the Port Sector Upper Mississippi River 
(COTP) or a designated representative. A designated representative may 
be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on 
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP or a designated representative to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only

[[Page 25369]]

with prior approval of the COTP or a designated representative and when 
so directed by that officer will be operated at a minimum safe 
navigation speed in a manner which will not endanger participants in 
the regulated area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) Spectator vessels may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (7) The COTP or a designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations at the conclusion of the 
event.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts 
(MSIBs) as appropriate.

    Dated: May 25, 2018.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2018-11774 Filed 5-31-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                25366                 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations

                                                III. Statutory Authority                                Commission announcements, and lists                   Subpart F—Fair Fund and
                                                  These technical amendments are                        certain filings with the Commission.                  Disgorgement Plans
                                                adopted pursuant to statutory authority                 *     *     *     *    *
                                                                                                                                                              ■ 6. The authority citation for Part 201,
                                                granted to the Commission under                           3. Section 200.80b is revised to read
                                                                                                        ■                                                     Subpart F, continues to read as follows:
                                                Section 23(a) of the Exchange Act.                      as follows:                                             Authority: 15 U.S.C. 77h–1, 77s, 77u,
                                                List of Subjects in 17 CFR Parts 200 and                                                                      78c(b), 78d–1, 78d–2, 78u–2, 78u–3, 78v,
                                                201                                                     § 200.80b    Appendix B—SEC releases.
                                                                                                                                                              78w, 80a–9, 80a–37, 80a–39, 80a–40, 80b–3,
                                                                                                           Free mailing list distribution of                  80b–11, 80b–12, and 7246.
                                                  Administrative practice and
                                                procedure.                                              releases has been discontinued by the                 ■ 7. Section 201.1103 is revised to read
                                                                                                        Commission because of rising costs and                as follows:
                                                Text of Amendments                                      staff limitations. However, the texts of
                                                                                                                                                              § 201.1103 Notice of proposed plan and
                                                  For the reasons set out above, the                    all releases under the various Acts, the
                                                                                                                                                              opportunity for comment by non-parties.
                                                Commission is amending Title 17,                        corporate reorganization releases, and
                                                Chapter II of the Code of Federal                       the litigation releases are available on                Notice of a proposed plan of
                                                Regulations as follows:                                 the SEC website. Statistical series                   disgorgement or a proposed Fair Fund
                                                                                                        releases are contained in the SEC                     plan shall be published on the SEC
                                                PART 200—ORGANIZATION;                                  Monthly Statistical Review, which may                 website and in such other publications
                                                CONDUCT AND ETHICS; AND                                 be purchased through the                              as the Commission or the hearing officer
                                                INFORMATION AND REQUESTS                                                                                      may require. The notice shall specify
                                                                                                        Superintendent of Documents as
                                                                                                                                                              how copies of the proposed plan may be
                                                                                                        described in § 200.80c.
                                                Subpart D—Information and Requests                                                                            obtained and shall state that persons
                                                                                                        PART 201—RULES OF PRACTICE                            desiring to comment on the proposed
                                                ■ 1. The authority citation for Part 200,                                                                     plan may submit their views, in writing,
                                                Subpart D, continues to read in part as                 Subpart D—Rules of Practice                           to the Commission.
                                                follows:
                                                                                                                                                                By the Commission.
                                                  Authority: 5 U.S.C. 552, as amended, 15               ■ 4. The authority citation for Part 201,               Dated: May 24, 2018.
                                                U.S.C. 77f(d), 77s, 77ggg(a), 77sss, 78m(F)(3),         Subpart D, continues to read as follows:              Brent J. Fields,
                                                78w, 80a–37, 80a–44(a), 80a–44(b), 80b–
                                                10(a), and 80b–11, unless otherwise noted.                 Authority: 15 U.S.C. 77f, 77g, 77h, 77h–           Secretary.
                                                *      *     *      *     *                             1, 77j, 77s, 77u, 77sss, 77ttt, 78c(b), 78d–1,        [FR Doc. 2018–11618 Filed 5–31–18; 8:45 am]
                                                                                                        78d–2, 78l, 78m, 78n, 78o(d), 78o–3, 78s,             BILLING CODE 8011–01–P
                                                ■ 2. Section 200.80 is amended by
                                                                                                        78u–2, 78u–3, 78v, 78w, 80a–8, 80a–9, 80a–
                                                revising paragraphs (a)(2) introductory                 37, 80a–38, 80a–39, 80a–40, 80a–41, 80a–44,
                                                text, (c)(1)(ii), and (e)(8)(ii) to read as             80b–3, 80b–9, 80b–11, 80b–12, 7202, 7215,
                                                follows:                                                                                                      DEPARTMENT OF HOMELAND
                                                                                                        and 7217.                                             SECURITY
                                                § 200.80 Commission records and                         ■ 5. Section 201.360 is amended by
                                                information.                                                                                                  Coast Guard
                                                                                                        revising paragraphs (c) and (d)(2) to read
                                                  (a) * * *                                             as follows:
                                                  (2) Records available for public                                                                            33 CFR Part 100
                                                inspection and copying; documents                       § 201.360. Initial decision of hearing officer        [Docket Number USCG–2018–0307]
                                                published and indexed. Except as                        and timing of hearing.
                                                provided in paragraph (b) of this                                                                             RIN 1625–AA08
                                                                                                        *      *      *    *     *
                                                section, the following materials are                       (c) Filing, service and publication.               Special Local Regulation; Lake of the
                                                available for public inspection and
                                                                                                        The Secretary shall promptly serve the                Ozarks, Bagnell, MO
                                                copying from 10 a.m. to 3 p.m., E.T., at
                                                                                                        initial decision upon the parties and
                                                the public reference room located at 100                                                                      AGENCY:    Coast Guard, DHS.
                                                                                                        shall promptly publish notice of the
                                                F Street NE, Washington, DC.                                                                                  ACTION:   Temporary final rule.
                                                                                                        filing thereof on the SEC website;
                                                *      *     *    *      *                              provided, however, that in nonpublic
                                                  (c)(1) * * *                                                                                                SUMMARY:   The Coast Guard is
                                                                                                        proceedings no notice shall be
                                                  (ii) All regional offices of the                                                                            establishing a temporary special local
                                                                                                        published unless the Commission
                                                Commission have available for public                                                                          regulation for all navigable waters of the
                                                                                                        otherwise directs.                                    Osage arm of the Lake of the Ozarks
                                                examination the materials set forth in
                                                paragraph (a)(2) of this section and the                   (d) * * *                                          from mile marker (MM) 0.0 to MM 0.4
                                                SEC News Digest and other SEC                              (2) If a party or aggrieved person                 in Bagnell, MO. This special local
                                                publications. Blank forms as well as                    entitled to review fails to file timely a             regulation is necessary to protect the
                                                other general information about the                     petition for review or a motion to                    public, participants, spectators, and the
                                                operations of the Commission described                  correct a manifest error of fact in the               marine environment from potential
                                                in paragraph (a)(1) of this section may                 initial decision, and if the Commission               hazards during the Lake Race 2018.
                                                also be available at particular regional                does not order review of a decision on                Entry of persons or vessels into this
                                                offices.                                                its own initiative, the Commission will               regulated area is prohibited unless
jstallworth on DSKBBY8HB2PROD with RULES




                                                *      *     *    *      *                              issue an order that the decision has                  authorized by the Captain of the Port
                                                  (e) * * *                                             become final as to that party. The                    Sector Upper Mississippi River or a
                                                  (8) * * *                                             decision becomes final upon issuance of               designated representative.
                                                  (ii) The Commission publishes daily                   the order. The order of finality shall                DATES: This rule is effective from 7 a.m.
                                                the SEC News Digest, which summarizes                   state the date on which sanctions, if                 through 6 p.m. on June 2, 2018.
                                                the releases published by the                           any, take effect. Notice of the order shall           ADDRESSES: To view documents
                                                Commission each day, contains                           be published on the SEC website.                      mentioned in this preamble as being


                                           VerDate Sep<11>2014   14:47 May 31, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\01JNR1.SGM   01JNR1


                                                                      Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations                                          25367

                                                available in the docket, go to http://                  Captain of the Port Sector Upper                      complete at least 30 minutes prior to the
                                                www.regulations.gov, type USCG–2018–                    Mississippi River (COTP) has                          establishment of the regulated area and
                                                0307 in the ‘‘SEARCH’’ box and click                    determined that potential hazards                     remain moored through the duration of
                                                ‘‘SEARCH.’’ Click on Open Docket                        associated with the Lake Race 2018                    the event.
                                                Folder on the line associated with this                 occurring on June 2, 2018 will be a                     The COTP or a designated
                                                rule.                                                   safety concern for persons and vessels                representative may forbid and control
                                                FOR FURTHER INFORMATION CONTACT: If                     within four tenths of a mile stretch of               the movement of all vessels in the
                                                you have questions on this rule, call or                the Osage arm of the Lake of the Ozarks.              regulated area. When hailed or signaled
                                                email LCDR Sean Peterson, Chief of                      The purpose of this rule is to ensure                 by an official patrol vessel, a vessel shall
                                                Prevention, U.S. Coast Guard; telephone                 safety of the public, participants,                   come to an immediate stop and comply
                                                314–269–2568, email Sean.M.Peterson@                    spectators, and the marine environment                with the directions given. Failure to do
                                                uscg.mil.                                               in the regulated area before, during, and             so may result in expulsion from the
                                                                                                        after the Lake Race 2018.                             area, citation for failure to comply, or
                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                              both.
                                                                                                        IV. Discussion of the Rule                              The COTP or a designated
                                                I. Table of Abbreviations
                                                                                                           This rule establishes a temporary                  representative may terminate the event
                                                CFR Code of Federal Regulations
                                                                                                        special local regulation from 7 a.m.                  or the operation of any vessel at any
                                                COTP Captain of the Port Sector Upper
                                                  Mississippi River
                                                                                                        through 6 p.m. on June 2, 2018 on all                 time it is deemed necessary for the
                                                DHS Department of Homeland Security                     navigable waters of the Osage arm of the              protection of life or property. The COTP
                                                FR Federal Register                                     Lake of the Ozarks from mile marker                   or a designated representative will
                                                MM Mile marker                                          (MM) 0.0 to MM 0.4 in Bagnell, MO.                    terminate enforcement of the special
                                                NPRM Notice of proposed rulemaking                      The duration of the special local                     local regulations at the conclusion of the
                                                § Section                                               regulation is intended to protect the                 event.
                                                U.S.C. United States Code                               public from the power boat race before,                 The COTP or a designated
                                                II. Background Information and                          during, and after the event. No vessel or             representative will inform the public of
                                                Regulatory History                                      person is permitted to enter the                      the enforcement times and date for this
                                                                                                        regulated area without obtaining                      regulated area through Broadcast
                                                   The Coast Guard is issuing this                      permission from the COTP or a                         Notices to Mariners (BNMs), Local
                                                temporary rule without prior notice and                 designated representative. A designated               Notices to Mariners (LNMs), and/or
                                                opportunity to comment pursuant to                      representative may be a Patrol                        Marine Safety Information Bulletins
                                                authority under section 4(a) of the                     Commander (PATCOM). The PATCOM                        (MSIBs) as appropriate.
                                                Administrative Procedure Act (APA) (5                   may be aboard either a Coast Guard or
                                                U.S.C. 553(b)). This provision                          Coast Guard Auxiliary vessel. The                     V. Regulatory Analyses
                                                authorizes an agency to issue a rule                    PATCOM may be contacted on Channel                      We developed this rule after
                                                without prior notice and opportunity to                 16 VHF–FM (156.8 MHz) by the call                     considering numerous statutes and
                                                comment when the agency for good                        sign ‘‘PATCOM’’.                                      Executive orders related to rulemaking.
                                                cause finds that those procedures are                      All persons and vessels not registered             Below we summarize our analyses
                                                ‘‘impracticable, unnecessary, or contrary               with the sponsor as participants or                   based on a number of these statutes and
                                                to the public interest.’’ Under 5 U.S.C.                official patrol vessels are considered                Executive orders, and we discuss First
                                                553(b)(3)(B), the Coast Guard finds that                spectators. The ‘‘official patrol vessels’’           Amendment rights of protestors.
                                                good cause exists for not publishing a                  consist of any Coast Guard, state, or
                                                notice of proposed rulemaking (NPRM)                    local law enforcement and sponsor                     A. Regulatory Planning and Review
                                                with respect to this rule because it is                 provided vessels assigned or approved                    Executive Orders 12866 and 13563
                                                impracticable. This special local                       by the COTP or a designated                           direct agencies to assess the costs and
                                                regulation must be established by June                  representative to patrol the regulated                benefits of available regulatory
                                                2, 2018 and we lack sufficient time to                  area.                                                 alternatives and, if regulation is
                                                provide a reasonable comment period                        Spectator vessels desiring to enter,               necessary, to select regulatory
                                                and then consider those comments                        transit through or within, or exit the                approaches that maximize net benefits.
                                                before issuing this rule. The NPRM                      regulated area may do so only with                    Executive Order 13771 directs agencies
                                                process would delay the establishment                   permission from the COTP or a                         to control regulatory costs through a
                                                of the special local regulation until after             designated representative, and when                   budgeting process. This rule has not
                                                the scheduled date of the power boat                    permitted, must operate at a minimum                  been designated a ‘‘significant
                                                race and compromise public safety.                      safe navigation speed in a manner                     regulatory action,’’ under Executive
                                                   Under 5 U.S.C. 553(d)(3), the Coast                  which will not endanger participants in               Order 12866. Accordingly, this rule has
                                                Guard finds that good cause exists for                  the regulated area or any other vessels.              not been reviewed by the Office of
                                                making this temporary rule effective less               No spectator vessel shall anchor, block,              Management and Budget (OMB), and
                                                than 30 days after publication in the                   loiter, or impede the through transit of              pursuant to OMB guidance it is exempt
                                                Federal Register. Delaying the effective                participants or official patrol vessels in            from the requirements of Executive
                                                date of this rule would be impracticable                the regulated area during the effective               Order 13771.
                                                and contrary to the public interest                     dates and times, unless cleared for entry                This regulatory action determination
                                                because immediate action is necessary                   by or through an official patrol vessel.              is based on the size, location, duration,
                                                to ensure the safety the public,                        Any spectator vessel may anchor                       and time-of-day for the special local
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                                                participants, spectators, and the marine                outside the regulated area, but may not               regulation. This special local regulation
                                                environment during the power boat                       anchor in, block, or loiter in a navigable            cover a less than half-mile stretch of the
                                                race.                                                   channel. Spectator vessels may be                     arm of the Osage arm of the Lake of the
                                                                                                        moored to a waterfront facility within                Ozarks for eleven hours on one day.
                                                III. Legal Authority and Need for Rule                  the regulated area in such a way that                 Moreover, the Coast Guard will issue
                                                  The Coast Guard is issuing this rule                  they shall not interfere with the progress            BNMs via VHF–FM marine channel 16
                                                under authority in 33 U.S.C. 1233. The                  of the event. Such mooring must be                    about the regulation so that waterway


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                                                25368                 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations

                                                users may plan accordingly for transits                 D. Federalism and Indian Tribal                       supporting this determination is
                                                during this restriction, and the rule                   Governments                                           available in the docket where indicated
                                                allows vessels to seek permission from                     A rule has implications for federalism             under ADDRESSES.
                                                the COTP or a designated representative                 under Executive Order 13132,                          G. Protest Activities
                                                to enter the regulated area.                            Federalism, if it has a substantial direct
                                                                                                                                                                The Coast Guard respects the First
                                                B. Impact on Small Entities                             effect on the States, on the relationship
                                                                                                                                                              Amendment rights of protesters.
                                                                                                        between the national government and
                                                                                                                                                              Protesters are asked to contact the
                                                   The Regulatory Flexibility Act of                    the States, or on the distribution of
                                                                                                                                                              person listed in the FOR FURTHER
                                                1980, 5 U.S.C. 601–612, as amended,                     power and responsibilities among the
                                                                                                                                                              INFORMATION CONTACT section to
                                                requires Federal agencies to consider                   various levels of government. We have
                                                                                                                                                              coordinate protest activities so that your
                                                the potential impact of regulations on                  analyzed this rule under that Order and
                                                                                                                                                              message can be received without
                                                small entities during rulemaking. The                   have determined that it is consistent
                                                                                                                                                              jeopardizing the safety or security of
                                                term ‘‘small entities’’ comprises small                 with the fundamental federalism
                                                                                                                                                              people, places or vessels.
                                                businesses, not-for-profit organizations                principles and preemption requirements
                                                that are independently owned and                        described in Executive Order 13132.                   List of Subjects in 33 CFR Part 100
                                                operated and are not dominant in their                     Also, this rule does not have tribal                 Marine safety, Navigation (water),
                                                fields, and governmental jurisdictions                  implications under Executive Order                    Reporting and recordkeeping
                                                with populations of less than 50,000.                   13175, Consultation and Coordination                  requirements, Waterways.
                                                The Coast Guard certifies under 5 U.S.C.                with Indian Tribal Governments,
                                                                                                                                                                For the reasons discussed in the
                                                605(b) that this rule will not have a                   because it does not have a substantial
                                                                                                                                                              preamble, the Coast Guard amends 33
                                                significant economic impact on a                        direct effect on one or more Indian
                                                                                                                                                              CFR part 100 as follows:
                                                substantial number of small entities.                   tribes, on the relationship between the
                                                                                                        Federal Government and Indian tribes,                 PART 100—SAFETY OF LIFE ON
                                                   While some owners or operators of                    or on the distribution of power and                   NAVIGABLE WATERS
                                                vessels intending to transit the regulated              responsibilities between the Federal
                                                area may be small entities, for the                     Government and Indian tribes. If you                  ■ 1. The authority citation for part 100
                                                reasons stated in section V.A above, this               believe this rule has implications for                continues to read as follows:
                                                rule will not have a significant                        federalism or Indian tribes, please                        Authority: 33 U.S.C. 1233; 33 CFR 1.05–
                                                economic impact on any vessel owner                     contact the person listed in the FOR                  1.
                                                or operator.                                            FURTHER INFORMATION CONTACT section
                                                                                                                                                              ■ 2. Add § 100.35T08–0307 to read as
                                                   Under section 213(a) of the Small                    above.                                                follows:
                                                Business Regulatory Enforcement                         E. Unfunded Mandates Reform Act
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                       § 100.35T08–0307 Special Local
                                                we want to assist small entities in                       The Unfunded Mandates Reform Act                    Regulation; Lake of the Ozarks, Bagnell,
                                                                                                        of 1995 (2 U.S.C. 1531–1538) requires                 MO.
                                                understanding this rule. If the rule
                                                                                                        Federal agencies to assess the effects of                (a) Location. The following area is a
                                                would affect your small business,
                                                                                                        their discretionary regulatory actions. In            special local regulation: All navigable
                                                organization, or governmental
                                                                                                        particular, the Act addresses actions                 waters of the Osage arm of the Lake of
                                                jurisdiction and you have questions                     that may result in the expenditure by a               the Ozarks from mile marker (MM) 0.0
                                                concerning its provisions or options for                State, local, or tribal government, in the            to MM 0.4 in Bagnell, MO.
                                                compliance, please contact the person                   aggregate, or by the private sector of                   (b) Effective period. This section is
                                                listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or              effective from 7 a.m. through 6 p.m. on
                                                CONTACT section.                                        more in any one year. Though this rule                June 2, 2018.
                                                   Small businesses may send comments                   will not result in such an expenditure,                  (c) Regulations. (1) In accordance with
                                                on the actions of Federal employees                     we do discuss the effects of this rule                the general regulations in § 100.35, entry
                                                who enforce, or otherwise determine                     elsewhere in this preamble.                           into this regulated area is prohibited
                                                compliance with, Federal regulations to                                                                       unless authorized by the Captain of the
                                                                                                        F. Environment
                                                the Small Business and Agriculture                                                                            Port Sector Upper Mississippi River
                                                Regulatory Enforcement Ombudsman                          We have analyzed this rule under                    (COTP) or a designated representative.
                                                and the Regional Small Business                         Department of Homeland Security                       A designated representative may be a
                                                Regulatory Fairness Boards. The                         Directive 023–01 and Commandant                       Patrol Commander (PATCOM). The
                                                Ombudsman evaluates these actions                       Instruction M16475.1D, which guide the                PATCOM may be aboard either a Coast
                                                annually and rates each agency’s                        Coast Guard in complying with the                     Guard or Coast Guard Auxiliary vessel.
                                                responsiveness to small business. If you                National Environmental Policy Act of                  The PATCOM may be contacted on
                                                wish to comment on actions by                           1969 (42 U.S.C. 4321–4370f), and have                 Channel 16 VHF–FM (156.8 MHz) by
                                                                                                        determined that this action is one of a               the call sign ‘‘PATCOM’’.
                                                employees of the Coast Guard, call 1–
                                                                                                        category of actions that do not                          (2) All persons and vessels not
                                                888–REG–FAIR (1–888–734–3247). The
                                                                                                        individually or cumulatively have a                   registered with the sponsor as
                                                Coast Guard will not retaliate against
                                                                                                        significant effect on the human                       participants or official patrol vessels are
                                                small entities that question or complain                environment. This rule involves a                     considered spectators. The ‘‘official
                                                about this rule or any policy or action                 special local regulation lasting eleven               patrol vessels’’ consist of any Coast
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                                                of the Coast Guard.                                     hours on a four-tenths of a mile stretch              Guard, state, or local law enforcement
                                                C. Collection of Information                            of the Osage arm of the Lake of the                   and sponsor provided vessels assigned
                                                                                                        Ozarks. It is categorically excluded from             or approved by the COTP or a
                                                  This rule will not call for a new                     further review under paragraph L61 of                 designated representative to patrol the
                                                collection of information under the                     Appendix A, Table 1 of DHS Instruction                regulated area.
                                                Paperwork Reduction Act of 1995 (44                     Manual 023–01–001–01, Rev. 01. A                         (3) Spectator vessels desiring to
                                                U.S.C. 3501–3520).                                      Record of Environmental Consideration                 transit the regulated area may do so only


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                                                                      Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations                                              25369

                                                with prior approval of the COTP or a                    DEPARTMENT OF HOMELAND                                pass under the bridge in the closed
                                                designated representative and when so                   SECURITY                                              position may do so at any time. The
                                                directed by that officer will be operated                                                                     bridge will not be able to open for
                                                at a minimum safe navigation speed in                   Coast Guard                                           emergencies and there is no immediate
                                                a manner which will not endanger                                                                              alternate route for vessels to pass.
                                                participants in the regulated area or any               33 CFR Part 117                                          The Coast Guard will inform the users
                                                other vessels.                                          [Docket No. USCG–2018–0447]                           of the waterways through our Local and
                                                                                                                                                              Broadcast Notices to Mariners of the
                                                   (4) No spectator vessel shall anchor,                                                                      change in operating schedule for the
                                                                                                        Drawbridge Operation Regulation;
                                                block, loiter, or impede the through                                                                          bridge so that vessel operators can
                                                                                                        Harlem River, Bronx, New York
                                                transit of participants or official patrol                                                                    arrange their transits to minimize any
                                                vessels in the regulated area during the                AGENCY: Coast Guard, DHS.                             impact caused by the temporary
                                                effective dates and times, unless cleared               ACTION:Notice of deviation from                       deviation.
                                                for entry by or through an official patrol              drawbridge regulation.                                   In accordance with 33 CFR 117.35(e),
                                                vessel.                                                                                                       the drawbridge must return to its regular
                                                                                                        SUMMARY:    The Coast Guard has issued a              operating schedule immediately at the
                                                   (5) Spectator vessels may anchor
                                                                                                        temporary deviation from the operating                end of the effective period of this
                                                outside the regulated area, but may not                 schedule that governs the Broadway
                                                anchor in, block, or loiter in a navigable                                                                    temporary deviation. This deviation
                                                                                                        Bridge across the Harlem River, mile                  from the operating regulations is
                                                channel. Spectator vessels may be                       6.8, at Bronx, New York. This temporary
                                                moored to a waterfront facility within                                                                        authorized under 33 CFR 117.35.
                                                                                                        deviation is necessary to allow the
                                                the regulated area in such a way that                   bridge to remain in the closed-to-                      Dated: May 24, 2018.
                                                they shall not interfere with the progress              navigation position to facilitate                     C.J. Bisignano,
                                                of the event. Such mooring must be                      replacement of the middle track.                      Supervisory Bridge Management Specialist,
                                                complete at least 30 minutes prior to the                                                                     First Coast Guard District.
                                                                                                        DATES: This deviation is effective from
                                                establishment of the regulated area and                 6 a.m. on June 9, 2018 to 5 p.m. on                   [FR Doc. 2018–11770 Filed 5–31–18; 8:45 am]
                                                remain moored through the duration of                   August 12, 2018.                                      BILLING CODE 9110–04–P
                                                the event.                                              ADDRESSES: The docket for this
                                                   (6) The COTP or a designated                         deviation, USCG–2018–0447 is available                DEPARTMENT OF HOMELAND
                                                representative may forbid and control                   at http://www.regulations.gov. Type the               SECURITY
                                                the movement of all vessels in the                      docket number in the ‘‘SEARCH’’ box
                                                regulated area. When hailed or signaled                 and click ‘‘SEARCH.’’ Click on Open                   Coast Guard
                                                by an official patrol vessel, a vessel shall            Docket Folder on the line associated
                                                come to an immediate stop and comply                    with this deviation.                                  33 CFR Part 117
                                                with the directions given. Failure to do                FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              [Docket No. USCG–2018–0386]
                                                so may result in expulsion from the                     you have questions on this temporary
                                                area, citation for failure to comply, or                deviation, call or email Judy Leung-Yee,              Drawbridge Operation Regulation;
                                                both.                                                   Bridge Management Specialist, First                   Reynolds Channel and Long Creek,
                                                                                                        District Bridge Branch, U.S. Coast                    Nassau County, NY
                                                   (7) The COTP or a designated
                                                                                                        Guard, telephone 212–514–4336, email
                                                representative may terminate the event                                                                        AGENCY: Coast Guard, DHS.
                                                                                                        Judy.K.Leung-Yee@uscg.mil.
                                                or the operation of any vessel at any                                                                         ACTION:Notice of temporary deviation
                                                                                                        SUPPLEMENTARY INFORMATION: New York
                                                time it is deemed necessary for the                                                                           from drawbridge regulation.
                                                                                                        City Transit, the bridge owner,
                                                protection of life or property.
                                                                                                        requested a temporary deviation from
                                                   (8) The COTP or a designated                                                                               SUMMARY:    The Coast Guard has issued a
                                                                                                        the normal operating schedule to
                                                representative will terminate                                                                                 temporary deviation from the operating
                                                                                                        facilitate replacement of the middle
                                                enforcement of the special local                                                                              schedule that governs the Long Beach
                                                                                                        track. The Broadway Bridge across the
                                                regulations at the conclusion of the                                                                          Bridge across Reynolds Channel, mile
                                                                                                        Harlem River, mile 6.8, has a vertical
                                                                                                                                                              4.7, and the Loop Parkway Bridge across
                                                event.                                                  clearance in the closed position of 24
                                                                                                                                                              Long Creek, mile 0.7, at Nassau County,
                                                   (d) Information broadcasts. The COTP                 feet at mean high water and 29 feet at
                                                                                                                                                              New York. This deviation is necessary
                                                or a designated representative will                     mean low water. The existing bridge
                                                                                                                                                              to facilitate a fireworks display and
                                                inform the public of the enforcement                    operating regulations are listed at 33
                                                                                                                                                              allows the bridge to remain in the
                                                times and date for this regulated area                  CFR 117.789(b)(1).
                                                                                                                                                              closed position for two and a half hours.
                                                                                                           Under this temporary deviation, the
                                                through Broadcast Notices to Mariners                                                                         DATES: This deviation is effective from
                                                                                                        Broadway Bridge shall remain in the
                                                (BNMs), Local Notices to Mariners                                                                             9:30 p.m. June 30, 2018 to 11:59 p.m. on
                                                                                                        closed position between 6 a.m. and 7
                                                (LNMs), and/or Marine Safety                            p.m. on June 9, June 16, June 23, June                July 2, 2018.
                                                Information Broadcasts (MSIBs) as                       30, August 4 and August 11, 2018; and                 ADDRESSES: The docket for this
                                                appropriate.                                            between 6 a.m. and 5 p.m. on June 17,                 deviation, USCG–2018–0386, is
                                                  Dated: May 25, 2018.                                  July 1, August 5 and August 12, 2018.                 available at http://www.regulations.gov.
                                                Scott A. Stoermer,                                         The waterway is transited by                       Type the docket number in the
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                                                                                                        commercial and recreational traffic. The              ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                Captain, U.S. Coast Guard, Captain of the
                                                                                                        Coast Guard notified known commercial                 Click on Open Docket Folder on the line
                                                Port Sector Upper Mississippi River.
                                                                                                        vessel operators that transit the area,               associated with this deviation.
                                                [FR Doc. 2018–11774 Filed 5–31–18; 8:45 am]
                                                                                                        including the Sandy Hook Pilots                       FOR FURTHER INFORMATION CONTACT: If
                                                BILLING CODE 9110–04–P
                                                                                                        Association and the local Tug/Tow                     you have questions on this temporary
                                                                                                        Committee; there were no objections to                deviation, call or email Stephanie
                                                                                                        this temporary deviation. Vessels able to             Lopez, Bridge Management Specialist,


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Document Created: 2018-06-01 01:30:14
Document Modified: 2018-06-01 01:30:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7 a.m. through 6 p.m. on June 2, 2018.
ContactIf you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2568, email [email protected]
FR Citation83 FR 25366 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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