Special Local Regulation; Lake of the Ozarks, Lakeside, MO, 23223-23225 [2016-09096]

Download as PDF Lhorne on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which is . . . privileged or confidential,’’ as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you must follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comments to be withheld from the public record. Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comment online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ hobbyprotectionrules, by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Hobby Protection Rules Review’’ on your comment and on the envelope, and mail it to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex B), Washington, DC 20580. If possible, submit your paper comment to the Commission by courier, or overnight service. If you prefer to deliver your comment, deliver it to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex B), Washington, DC 20024. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The VerDate Sep<11>2014 14:51 Apr 19, 2016 Jkt 238001 FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all responsive public comments that it receives on or before July 1, 2016. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/ privacy.htm. DEPARTMENT OF HOMELAND SECURITY X. Proposed Rule Language ACTION: 23223 List of Subjects in 16 CFR 304 For the reasons set forth in the preamble, the Federal Trade Commission proposes to amend 16 CFR part 304 as follows: PART 304—RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT 1. The authority citation for this part continues to read as follows: ■ Authority: 15 U.S.C. 2101 et seq. 2. Amend § 304.3 to read as follows: § 304.3 Applicability. Any person engaged in the manufacturing, or importation into the United States for introduction into or distribution in commerce, of imitation political or imitation numismatic items shall be subject to the requirements of the Act and the regulations promulgated thereunder. Any person engaged in the sale in commerce of imitation numismatic items shall be subject to the requirements of the Act and the regulations promulgated thereunder. It shall be a violation of the Act and the regulations promulgated thereunder for a person to provide substantial assistance or support to any manufacturer, importer, or seller of imitation numismatic items, or to any manufacturer or importer of imitation political items, if that person knows or should have known that the manufacturer, importer, or seller is engaged in any practice that violates the Act and the regulations promulgated thereunder. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2016–09103 Filed 4–19–16; 8:45 am] Frm 00036 Fmt 4702 [Docket Number USCG–2016–0276] RIN 1625–AA08 Special Local Regulation; Lake of the Ozarks, Lakeside, MO Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: 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. 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 Sean.M.Peterson@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 § 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 BILLING CODE 6750–01–P PO 00000 33 CFR Part 100 SUMMARY: Hobbies, Labeling, Trade practices. ■ Coast Guard Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1 23224 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules powerboat race from 9 a.m. until 6 p.m. 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. Lhorne on DSK5TPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 14:51 Apr 19, 2016 Jkt 238001 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 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 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. E:\FR\FM\20APP1.SGM 20APP1 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules 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. Lhorne on DSK5TPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 14:51 Apr 19, 2016 Jkt 238001 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 23225 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 § 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 2. Add § 100.T08–0276 to read as follows: ■ § 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 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [Docket No. USCG–2014–0142] RIN 1625–AA01 Anchorage Regulations; Special Anchorage Areas, Marina del Rey Harbor, California Coast Guard, DHS. Notice of public meeting; request for comments and change in comment period. AGENCY: ACTION: The Coast Guard announces a public meeting to receive comments on a supplemental notice of proposed rulemaking (NPRM) to revise the special anchorage in Marina del Rey Harbor, California. Based on the comments received in response to the NPRM that was published in the Federal Register on May 28, 2014, we published a supplemental NPRM proposing to amend the shape and reduce the size of the special anchorage in Marina del Rey Harbor, California. Additionally, we SUMMARY: E:\FR\FM\20APP1.SGM 20APP1

Agencies

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23223-23225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09096]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0276]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a special local 
regulation for certain waters of the Lake of the Ozarks. This action is 
necessary to provide for the safety of life on these navigable waters 
near Lakeside, MO, during a powerboat race on June 4, 2016. This 
proposed rulemaking would designate prohibited areas for the race 
course and associated safety buffer, spectator areas, and location for 
vessels to transit during the race at no wake speeds. Deviation from 
the established special local regulation must be authorized by the 
Captain of the Port Upper Mississippi River or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 5, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0276 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Sean Peterson, Chief of 
Prevention, U.S. Coast Guard; telephone 314-269-2332, email 
Sean.M.Peterson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, 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