Special Local Regulation; Lake of the Ozarks, Lakeside, MO, 29768-29770 [2016-11339]
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Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations
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272 ................................................................
Issued in Washington, DC, on this 5th day
of May 2016.
Judith Starr,
General Counsel, Pension Benefit Guaranty
Corporation.
[FR Doc. 2016–11297 Filed 5–12–16; 8:45 am]
BILLING CODE 7709–02–P
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0276]
RIN 1625–AA08
Special Local Regulation; Lake of the
Ozarks, Lakeside, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for certain waters of the Lake of the
Ozarks. This action is necessary to
provide for the safety of life on these
navigable waters near Lakeside, MO,
during a powerboat race on June 4,
2016. This regulation designates
prohibited areas for the race course and
associated safety buffer, spectator areas,
and location for vessels to transit during
the race at no wake speeds. Deviation
from the established special local
regulation must be authorized by the
Captain of the Port Upper Mississippi
River or a designated representative.
DATES: This rule is effective from 9 a.m.
to 6 p.m. on June 4, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0276 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Sean Peterson, Chief of
Prevention, U.S. Coast Guard; telephone
314–269–2332, email Sean.M.Peterson@
uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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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
On March 16, 2016, the Lake Race
Steering Committee notified the Coast
Guard that it will be hosting a
powerboat race from 9 a.m. until 6 p.m.
on June 4, 2016. In response, on April
20, 2016, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Special Local Regulation; Lake of
the Ozarks, Lakeside, MO (81 FR
23223). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this powerboat race. During the
comment period that ended May 5,
2016, we received no comments.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register. On
March 16, 2016, the Coast Guard was
notified of the event being held and an
NPRM with a 15 day comment period
was published on April 20, 2016.
Though we are not providing a full 30
day notice period, the Coast Guard did
provide notice and opportunity to
comment through the NPRM process
and is now providing less than 30 days
notice before the final rule goes into
effect on June 4, 2016. It is
impracticable to provide a full 30-days
notice because this rule must be
effective June 4, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port (COTP) Upper
Mississippi River has determined that
potential hazards associated with the
powerboat race are a safety concern. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the special local regulation before,
during, and after the scheduled event.
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II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 20, 2016. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM. This rule
establishes a special local regulation
from 9 a.m. until 6 p.m. on June 4, 2016,
designating the race course and location
of spectator areas. Vessels transiting
near the course will be restricted to
transiting at the slowest safe speed. This
special local regulation covers navigable
waters on the Lake of the Ozarks Osage
Branch between miles 0 and 4. The
Coast Guard has also posted a map
depicting the location and restricted
areas for this special local regulation in
the docket. Six anchorage areas for
spectators are designated and are also
shown on the map and labeled as A
through F. This map may be viewed as
indicated under the ADDRESSES section.
The duration of the regulation is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the power boat race,
scheduled from 9 a.m. to 6 p.m. No
vessel or person will be permitted to
deviate from the special local regulation
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
E:\FR\FM\13MYR1.SGM
13MYR1
Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations
ehiers on DSK5VPTVN1PROD with RULES
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, and
duration of the special local regulation.
Vessel traffic will be able to safely
transit around the race course and
spectators will have designated
locations to view the race. Moreover, the
Coast Guard is including event
information in the Local Notice to
Mariners, and the rule allows vessels to
seek permission to deviate from the
regulation.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A. above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
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14:42 May 12, 2016
Jkt 238001
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
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29769
special local regulation designating the
race course, location of spectator areas,
and location for vessels to transit during
the race at slowest safe speed. It is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
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
E:\FR\FM\13MYR1.SGM
13MYR1
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Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations
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 § 100.35, deviation from
the regulations described in paragraph
(a) of this section is prohibited unless
authorized by the COTP Upper
Mississippi River or designated
representative.
(2) To seek permission to deviate from
the regulation, contact the COTP or the
COTP’s designated representative via
VHF–FM ch 16 or by calling Sector
Upper Mississippi River at 314–269–
2332.
(d) Enforcement period. This section
will be enforced from 9 a.m. to 6 p.m.
on June 4, 2016.
Dated: May 6, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2016–11339 Filed 5–12–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0384]
Drawbridge Operation Regulation;
Grassy Sound Channel, Middle
Township, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Grassy Sound
Channel Bridge (West Ocean Drive/
CR619) across the Grassy Sound
Channel, mile 1.0, at Middle Township,
NJ. This deviation is necessary to
provide for the safety of runners during
‘‘The Wild Half’’ annual half marathon.
This deviation allows the bridge to
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SUMMARY:
VerDate Sep<11>2014
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Jkt 238001
remain in the closed-to-navigation
position.
DEPARTMENT OF HOMELAND
SECURITY
DATES:
This deviation is effective from
7:30 a.m. to 11 a.m. on May 15, 2016.
Coast Guard
The docket for this
deviation, [USCG–2016–0384] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
33 CFR Part 165
ADDRESSES:
If
you have questions on this temporary
deviation, call or email Mr. Hal R. Pitts,
Bridge Administration Branch Fifth
District, Coast Guard, telephone 757–
398–6222, email Hal.R.Pitts@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Cape
May County, Department of Public
Works, that owns and operates the
Grassy Sound Channel Bridge, has
requested a temporary deviation from
the current operating regulations to
provide for the safety of runners during
‘‘The Wild Half’’ annual half marathon
event. The bridge is a bascule draw
bridge and has a vertical clearance in
the closed position of 15 feet above
mean high water.
The current operating schedule is set
out in 33 CFR 117.721. Under this
temporary deviation, the bridge will
remain in the closed-to-navigation
position from 7:30 a.m. to 11 a.m. on
May 15, 2016. The Coast Guard has
carefully considered the nature and
volume of vessel traffic on the waterway
in publishing this temporary deviation.
Vessels able to safely pass through the
bridge in the closed position may do so
at any time. The bridge will be able to
open for emergencies and the New
Jersey Intracoastal Waterway is an
alternate route for vessels transiting the
area. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transit to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: May 10, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2016–11349 Filed 5–12–16; 8:45 am]
BILLING CODE 9110–04–P
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[Docket No. USCG–2016–0250]
RIN 1625–AA87
Security Zone; Tall-Ship
CUAUHTEMOC; Thames River, New
London Harbor, New London, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
around the Tall-Ship CUAUHTEMOC
during its transit through the Long
Island Sound Captain of the Port (COTP)
Zone, and for the duration of its
mooring on the Thames River in New
London Harbor, New London, CT. This
temporary final rule creates a 250-yard
radius security zone encompassing all
navigable waters around the Tall-Ship
CUAUHTEMOC while in transit through
Sector Long Island Sound’s Captain of
the Port (COTP) Zone, and a 100-yard
radius temporary security zone while
the vessel is anchored or moored in the
Thames River in New London Harbor,
New London, CT. This zone is needed
to protect the Tall-Ship CUAUHTEMOC
and its crew from destruction, loss, or
injury from sabotage, subversive acts, or
other malicious acts of a similar nature.
Persons or vessels may not enter the
security zone without permission of the
COTP or a COTP designated
representative.
SUMMARY:
This rule is effective without
actual notice from May 13, 2016 until
May 14, 2016. For the purposes of
enforcement, actual notice will be used
from May 1, 2016 until May 13, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0250 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 Petty Officer Jay TerVeen,
Prevention Department, Coast Guard
Sector Long Island Sound; telephone
(203) 468–4446, email Jay.C.TerVeen@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
E:\FR\FM\13MYR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29768-29770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11339]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0276]
RIN 1625-AA08
Special Local Regulation; Lake of the Ozarks, Lakeside, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Lake of the Ozarks. This action is necessary to
provide for the safety of life on these navigable waters near Lakeside,
MO, during a powerboat race on June 4, 2016. This regulation designates
prohibited areas for the race course and associated safety buffer,
spectator areas, and location for vessels to transit during the race at
no wake speeds. Deviation from the established special local regulation
must be authorized by the Captain of the Port Upper Mississippi River
or a designated representative.
DATES: This rule is effective from 9 a.m. to 6 p.m. on June 4, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0276 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast
Guard; telephone 314-269-2332, email Sean.M.Peterson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 16, 2016, the Lake Race Steering Committee notified the
Coast Guard that it will be hosting a powerboat race from 9 a.m. until
6 p.m. on June 4, 2016. In response, on April 20, 2016, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Special Local
Regulation; Lake of the Ozarks, Lakeside, MO (81 FR 23223). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this powerboat race. During the comment
period that ended May 5, 2016, we received no comments.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. On March 16, 2016, the
Coast Guard was notified of the event being held and an NPRM with a 15
day comment period was published on April 20, 2016. Though we are not
providing a full 30 day notice period, the Coast Guard did provide
notice and opportunity to comment through the NPRM process and is now
providing less than 30 days notice before the final rule goes into
effect on June 4, 2016. It is impracticable to provide a full 30-days
notice because this rule must be effective June 4, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port (COTP) Upper Mississippi River has
determined that potential hazards associated with the powerboat race
are a safety concern. The purpose of this rule is to ensure safety of
vessels and the navigable waters in the special local regulation
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
20, 2016. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. This rule establishes a special local
regulation from 9 a.m. until 6 p.m. on June 4, 2016, designating the
race course and location of spectator areas. Vessels transiting near
the course will be restricted to transiting at the slowest safe speed.
This special local regulation covers navigable waters on the Lake of
the Ozarks Osage Branch between miles 0 and 4. The Coast Guard has also
posted a map depicting the location and restricted areas for this
special local regulation in the docket. Six anchorage areas for
spectators are designated and are also shown on the map and labeled as
A through F. This map may be viewed as indicated under the ADDRESSES
section. The duration of the regulation is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the power boat race, scheduled from 9 a.m. to 6 p.m. No vessel or
person will be permitted to deviate from the special local regulation
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed
[[Page 29769]]
by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, and duration of the special local regulation. Vessel traffic
will be able to safely transit around the race course and spectators
will have designated locations to view the race. Moreover, the Coast
Guard is including event information in the Local Notice to Mariners,
and the rule allows vessels to seek permission to deviate from the
regulation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation designating the race course,
location of spectator areas, and location for vessels to transit during
the race at slowest safe speed. It is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T08-0276 to read as follows:
Sec. 100.T08-0276 Special Local Regulation; Lake of the Ozarks;
Lakeside, MO.
(a) Location. The following areas are regulated areas:
(1) Lake of the Ozarks Osage Branch between miles 0 and 4; the
Bagnell Dam and Birdsong Hollow Cove, covering the entire width of the
branch. Access to the race course and associated safety buffer area
will be prohibited to authorized vessels only. The safety buffer area
for the course will be marked with blue buoy markers. Vessels
transiting outside of the safety buffer area shall proceed at no wake
speed. See attached map for additional information on location.
(2) Six designated areas will be available for spectators for the
duration of the races. The designated anchorage areas will be marked
with blue and yellow buoy marker. They are labeled A-F on the attached
map. The anchorage areas are located a minimum of 100 feet outside the
race course safety buffer area marked with blue buoy
[[Page 29770]]
markers. The six anchorages are located in the following areas: Branch
Rd Point; Emerald Ln Point; Lotell Hollow Cove; McCoy Branch Cove; west
of Duck Head Point; and Jennings Branch Cove. In addition to the listed
designated anchorages, vessels may also anchor inside the protective
coves.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Upper Mississippi River in the enforcement of the
regulation.
(c) Regulations. (1) Under the general regulations in Sec. 100.35,
deviation from the regulations described in paragraph (a) of this
section is prohibited unless authorized by the COTP Upper Mississippi
River or designated representative.
(2) To seek permission to deviate from the regulation, contact the
COTP or the COTP's designated representative via VHF-FM ch 16 or by
calling Sector Upper Mississippi River at 314-269-2332.
(d) Enforcement period. This section will be enforced from 9 a.m.
to 6 p.m. on June 4, 2016.
Dated: May 6, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2016-11339 Filed 5-12-16; 8:45 am]
BILLING CODE 9110-04-P
