Special Local Regulation; Lake of the Ozarks, Bagnell, MO, 25366-25369 [2018-11774]
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations
III. Statutory Authority
These technical amendments are
adopted pursuant to statutory authority
granted to the Commission under
Section 23(a) of the Exchange Act.
List of Subjects in 17 CFR Parts 200 and
201
Administrative practice and
procedure.
Text of Amendments
For the reasons set out above, the
Commission is amending Title 17,
Chapter II of the Code of Federal
Regulations as follows:
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
Subpart D—Information and Requests
1. The authority citation for Part 200,
Subpart D, continues to read in part as
follows:
■
Authority: 5 U.S.C. 552, as amended, 15
U.S.C. 77f(d), 77s, 77ggg(a), 77sss, 78m(F)(3),
78w, 80a–37, 80a–44(a), 80a–44(b), 80b–
10(a), and 80b–11, unless otherwise noted.
*
*
*
*
*
■ 2. Section 200.80 is amended by
revising paragraphs (a)(2) introductory
text, (c)(1)(ii), and (e)(8)(ii) to read as
follows:
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§ 200.80 Commission records and
information.
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3. Section 200.80b is revised to read
as follows:
■
§ 200.80b
Appendix B—SEC releases.
Free mailing list distribution of
releases has been discontinued by the
Commission because of rising costs and
staff limitations. However, the texts of
all releases under the various Acts, the
corporate reorganization releases, and
the litigation releases are available on
the SEC website. Statistical series
releases are contained in the SEC
Monthly Statistical Review, which may
be purchased through the
Superintendent of Documents as
described in § 200.80c.
PART 201—RULES OF PRACTICE
Subpart D—Rules of Practice
4. The authority citation for Part 201,
Subpart D, continues to read as follows:
■
Authority: 15 U.S.C. 77f, 77g, 77h, 77h–
1, 77j, 77s, 77u, 77sss, 77ttt, 78c(b), 78d–1,
78d–2, 78l, 78m, 78n, 78o(d), 78o–3, 78s,
78u–2, 78u–3, 78v, 78w, 80a–8, 80a–9, 80a–
37, 80a–38, 80a–39, 80a–40, 80a–41, 80a–44,
80b–3, 80b–9, 80b–11, 80b–12, 7202, 7215,
and 7217.
5. Section 201.360 is amended by
revising paragraphs (c) and (d)(2) to read
as follows:
■
(a) * * *
(2) Records available for public
inspection and copying; documents
published and indexed. Except as
provided in paragraph (b) of this
section, the following materials are
available for public inspection and
copying from 10 a.m. to 3 p.m., E.T., at
the public reference room located at 100
F Street NE, Washington, DC.
*
*
*
*
*
(c)(1) * * *
(ii) All regional offices of the
Commission have available for public
examination the materials set forth in
paragraph (a)(2) of this section and the
SEC News Digest and other SEC
publications. Blank forms as well as
other general information about the
operations of the Commission described
in paragraph (a)(1) of this section may
also be available at particular regional
offices.
*
*
*
*
*
(e) * * *
(8) * * *
(ii) The Commission publishes daily
the SEC News Digest, which summarizes
the releases published by the
Commission each day, contains
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Commission announcements, and lists
certain filings with the Commission.
*
*
*
*
*
Subpart F—Fair Fund and
Disgorgement Plans
6. The authority citation for Part 201,
Subpart F, continues to read as follows:
■
Authority: 15 U.S.C. 77h–1, 77s, 77u,
78c(b), 78d–1, 78d–2, 78u–2, 78u–3, 78v,
78w, 80a–9, 80a–37, 80a–39, 80a–40, 80b–3,
80b–11, 80b–12, and 7246.
7. Section 201.1103 is revised to read
as follows:
■
§ 201.1103 Notice of proposed plan and
opportunity for comment by non-parties.
Notice of a proposed plan of
disgorgement or a proposed Fair Fund
plan shall be published on the SEC
website and in such other publications
as the Commission or the hearing officer
may require. The notice shall specify
how copies of the proposed plan may be
obtained and shall state that persons
desiring to comment on the proposed
plan may submit their views, in writing,
to the Commission.
By the Commission.
Dated: May 24, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–11618 Filed 5–31–18; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
§ 201.360. Initial decision of hearing officer
and timing of hearing.
[Docket Number USCG–2018–0307]
*
RIN 1625–AA08
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*
*
(c) Filing, service and publication.
The Secretary shall promptly serve the
initial decision upon the parties and
shall promptly publish notice of the
filing thereof on the SEC website;
provided, however, that in nonpublic
proceedings no notice shall be
published unless the Commission
otherwise directs.
(d) * * *
(2) If a party or aggrieved person
entitled to review fails to file timely a
petition for review or a motion to
correct a manifest error of fact in the
initial decision, and if the Commission
does not order review of a decision on
its own initiative, the Commission will
issue an order that the decision has
become final as to that party. The
decision becomes final upon issuance of
the order. The order of finality shall
state the date on which sanctions, if
any, take effect. Notice of the order shall
be published on the SEC website.
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Special Local Regulation; Lake of the
Ozarks, Bagnell, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
SUMMARY:
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available in the docket, go to https://
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
§ Section
U.S.C. United States Code
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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
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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
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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
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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.
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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).
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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
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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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
1.
2. Add § 100.35T08–0307 to read as
follows:
■
§ 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 § 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
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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
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0447]
Drawbridge Operation Regulation;
Harlem River, Bronx, New York
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 Broadway
Bridge across the Harlem River, mile
6.8, at Bronx, New York. This temporary
deviation is necessary to allow the
bridge to remain in the closed-tonavigation position to facilitate
replacement of the middle track.
DATES: This deviation is effective from
6 a.m. on June 9, 2018 to 5 p.m. on
August 12, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0447 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Judy Leung-Yee,
Bridge Management Specialist, First
District Bridge Branch, U.S. Coast
Guard, telephone 212–514–4336, email
Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION: New York
City Transit, the bridge owner,
requested a temporary deviation from
the normal operating schedule to
facilitate replacement of the middle
track. The Broadway Bridge across the
Harlem River, mile 6.8, has a vertical
clearance in the closed position of 24
feet at mean high water and 29 feet at
mean low water. The existing bridge
operating regulations are listed at 33
CFR 117.789(b)(1).
Under this temporary deviation, the
Broadway Bridge shall remain in the
closed position between 6 a.m. and 7
p.m. on June 9, June 16, June 23, June
30, August 4 and August 11, 2018; and
between 6 a.m. and 5 p.m. on June 17,
July 1, August 5 and August 12, 2018.
The waterway is transited by
commercial and recreational traffic. The
Coast Guard notified known commercial
vessel operators that transit the area,
including the Sandy Hook Pilots
Association and the local Tug/Tow
Committee; there were no objections to
this temporary deviation. Vessels able to
SUMMARY:
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25369
pass under the bridge in the closed
position may do so at any time. The
bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels to pass.
The Coast Guard will 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 transits 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.
Dated: May 24, 2018.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2018–11770 Filed 5–31–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0386]
Drawbridge Operation Regulation;
Reynolds Channel and Long Creek,
Nassau County, NY
Coast Guard, DHS.
Notice of temporary deviation
from drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Long Beach
Bridge across Reynolds Channel, mile
4.7, and the Loop Parkway Bridge across
Long Creek, mile 0.7, at Nassau County,
New York. This deviation is necessary
to facilitate a fireworks display and
allows the bridge to remain in the
closed position for two and a half hours.
DATES: This deviation is effective from
9:30 p.m. June 30, 2018 to 11:59 p.m. on
July 2, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0386, 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Stephanie
Lopez, Bridge Management Specialist,
SUMMARY:
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[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25366-25369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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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
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available in the docket, go to https://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 [email protected].
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
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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
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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
