Special Local Regulation; Lake of the Ozarks, Village of Four Seasons, MO, 15956-15959 [2019-07713]
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15956
Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
underlying violation predated such
increase.1
II. Method of Calculation
The method of calculating CMP
adjustments applied in this final rule is
required by the 2015 Act. Under the
2015 Act and the Office of Management
and Budget guidance required by the
2015 Act, annual inflation adjustments
subsequent to the initial catch-up
adjustment are to be based on the
percent change between the Consumer
Price Index for all Urban Consumers
(‘‘CPI–U’’) for the October preceding the
date of the adjustment and the prior
year’s October CPI–U. As set forth in
Office of Management and Budget
Memorandum M–19–04 of December
14, 2018, the adjustment multiplier for
2019 is 1.02522. In order to complete
the 2019 annual adjustment, each
current CMP is multiplied by the 2019
adjustment multiplier. Under the 2015
Act, any increase in CMP must be
rounded to the nearest multiple of $1.
David Dwyer,
Executive Secretary.
List of Subjects
[FR Doc. 2019–07664 Filed 4–16–19; 8:45 am]
31 CFR Part 27
Administrative practice and
procedure, Penalties.
BILLING CODE 4810–25–P
Coast Guard
Authority and Issuance
For the reasons set forth in the
preamble, parts 27 and 50 of title 31 of
the Code of Federal Regulations are
amended as follows:
Procedural Matters
1. Administrative Procedure Act
■
2. Regulatory Flexibility Act
3. Executive Order 12866
This rule is not a significant
regulatory action as defined in section
3.f of Executive Order 12866.
1 However,
the increased CMPs apply only with
respect to underlying violations occurring after the
date of enactment of the 2015 Act, i.e., after
November 2, 2015.
16:23 Apr 16, 2019
Authority: 31 U.S.C. 321, 333.
2. Amend § 27.3 by revising paragraph
(c) to read as follows:
■
Assessment of civil penalties.
*
*
*
*
*
(c) Civil penalty. An assessing official
may impose a civil penalty on any
person who violates the provisions of
paragraph (a) of this section. The
amount of a civil monetary penalty shall
not exceed $7,975 for each and every
use of any material in violation of
paragraph (a), except that such penalty
shall not exceed $39,873 for each and
every use if such use is in a broadcast
or telecast.
*
*
*
*
*
PART 50—TERRORISM RISK
INSURANCE PROGRAM
3. The authority citation for part 50
continues to read as follows:
■
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply.
VerDate Sep<11>2014
1. The authority citation for part 27
continues to read as follows:
§ 27.3
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Authority: 5 U.S.C. 301; 31 U.S.C. 321;
Title I, Pub. L. 107–297, 116 Stat. 2322, as
amended by Pub. L. 109–144, 119 Stat. 2660,
Pub. L. 110–160, 121 Stat. 1839 and Pub. L.
114–1, 129 Stat. 3 (15 U.S.C. 6701 note); Pub.
L. 114–74, 129 Stat. 601, Title VII (28 U.S.C.
2461 note).
4. Amend § 50.83 by revising
paragraph (a) to read as follows:
■
§ 50.83 Adjustment of civil monetary
penalty amount.
(a) Inflation adjustment. Any penalty
under the Act and the regulations in this
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part may not exceed the greater of
$1,394,837 and, in the case of any
failure to pay, charge, collect or remit
amounts in accordance with the Act or
the regulations in this part such amount
in dispute.
*
*
*
*
*
DEPARTMENT OF HOMELAND
SECURITY
31 CFR Part 50
Insurance, Terrorism.
PART 27—CIVIL PENALTY
ASSESSMENT FOR MISUSE OF
DEPARTMENT OF THE TREASURY
NAMES, SYMBOLS, ETC.
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies,
beginning in 2017, to make annual
adjustments for inflation to CMPs,
without needing to provide notice and
the opportunity for public comment and
a delayed effective date required by 5
U.S.C. 553. Additionally, the
methodology used, effective 2017, for
adjusting CMPs for inflation is provided
by statute, with no discretion provided
to agencies regarding the substance of
the adjustments for inflation to CMPs.
The Department is charged only with
performing ministerial computations to
determine the dollar amount of
adjustments for inflation to CMPs.
Accordingly, prior public notice, an
opportunity for public comment, and a
delayed effective date are not required
for this rule.
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4. Paperwork Reduction Act
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR part
1320, do not apply to this rule because
there are no new or revised
recordkeeping or reporting
requirements.
33 CFR Part 100
[Docket Number USCG–2019–0205]
RIN 1625–AA08
Special Local Regulation; Lake of the
Ozarks, Village of Four Seasons, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for certain waters of the
Osage Arm of the Lake of the Ozarks
from mile marker (MM) 5 to MM 9 in
Village of Four Seasons, MO. This
special local regulation is necessary to
protect the public, participants,
spectators, and the marine environment
from potential hazards during the Lake
Race 2019. 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 8 a.m.
through 6 p.m. on June 1, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0205 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 Lieutenant Commander Christian
Barger, Waterways Management
Division, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2560, email Christian.J.Barger@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
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DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ 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 an
NPRM with respect to this rule because
it is impracticable. This special local
regulation must be established by June
1, 2019 and we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing this rule. Additionally,
this is an annually recurring event that
is well known and publicized in the
area. 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.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
COTP has determined that potential
hazards associated with the Lake Race
2019 occurring on June 1, 2019 will be
a safety concern for persons and vessels
within a four 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 during the Lake Race
2019 event.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 8 a.m.
through 6 p.m. on June 1, 2019 on all
navigable waters of the Osage arm of the
Lake of the Ozarks from MM 5 to MM
9 in Village of Four Seasons, MO. The
duration of the special local regulation
is intended to protect the public from
the power boat race during 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
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16:23 Apr 16, 2019
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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 Local Notices to
Mariners (LNMs) and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
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15957
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
covers a four mile stretch of the arm of
the Osage Arm of the Lake of the Ozarks
for ten hours on one day. Moreover, the
Coast Guard will publish details of this
event in the LNM so that waterway
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),
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
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.
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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
VerDate Sep<11>2014
16:23 Apr 16, 2019
Jkt 247001
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 ten hours
on a four 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T08–0205 to read as
follows:
■
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§ 100.T08–0205 Special Local Regulation;
Lake of the Ozarks, Village of Four
Seasons, 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) 5 to
MM 9 in the Village of Four Seasons,
MO.
(b) Effective period. This section is
effective from 8 a.m. through 6 p.m. on
June 1, 2019.
(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’’ or by calling
(314) 269–2332.
(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
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
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
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 Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs) as
appropriate.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
II. Background Information and
Regulatory History
33 CFR Part 165
[Docket Number USCG–2019–0152]
RIN 1625–AA87
Security Zone; Cumberland River,
Nashville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary security zone
on the Cumberland River at Mile Marker
(MM) 190.7 to MM 191.3, from the
Woodland Street Bridge to the Korean
Veterans Boulevard Bridge, extending
100 feet from the left descending bank,
from April 25, 2019 through April 27,
2019. This security zone is needed to
protect the participants of the National
Football League (NFL) draft, vessels,
and waterfront facilities from
destruction, loss, or injury from
sabotage or other subversive acts,
accidents, or other causes of a similar
nature during the NFL Draft in
Nashville, TN. Entry into the security
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative.
DATES: This rule is effective from 3 p.m.
on April 25, 2019 through 10 p.m. on
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SUMMARY:
16:23 Apr 16, 2019
SUPPLEMENTARY INFORMATION:
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio
Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
BILLING CODE 9110–04–P
VerDate Sep<11>2014
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0152 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 First Class Nicholas
Jones, Marine Safety Detachment
Nashville U.S. Coast Guard; telephone
615–736–5421, email Nicholas.J.Jones@
uscg.mil.
ADDRESSES:
I. Table of Abbreviations
[FR Doc. 2019–07713 Filed 4–16–19; 8:45 am]
ACTION:
April 27, 2019. This rule will be
enforced from 3 p.m. through 11 p.m. on
April 25, 2019, from 2:30 p.m. through
11:59 p.m. on April 26, 2019, and from
9 a.m. through 10 p.m. on April 27,
2019.
Jkt 247001
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)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
it is impracticable. It is impracticable to
publish an NPRM because we must
establish this security zone by April 25,
2019 and lack sufficient time to provide
a reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
necessary to prevent possible loss of life
and property.
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15959
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP has determined that potential
security needs associated with the NFL
Draft from April 25, 2019 through April
27, 2019, present a safety and security
concern. The purpose of this rulemaking
is to ensure the safety and security of
the NFL Draft participants, vessels, and
waterfront facilities within the regulated
area before, during, and after the
scheduled times.
IV. Discussion of the Rule
This rule establishes a temporary
security zone on the Cumberland River
from MM 190.7 to MM 191.3, from the
Woodland Street Bridge to the Korean
Veterans Boulevard Bridge, extending
100 feet from the left descending bank,
from April 25, 2019 through April 27,
2019. The duration of the security zone
is intended to ensure the safety and
security of the participants of the NFL
Draft, vessels, and waterfront facilities
before, during, and after the scheduled
times. Vessels are not permitted to enter
or transit this temporary security zone
without obtaining permission from the
COTP or a designated representative.
Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted on VHF–FM radio channel 16
or phone at 1–800–253–7465.
Persons and vessels permitted to enter
the security zone must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
The COTP or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the security
zone, as well as any changes in the dates
and times of enforcement.
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
E:\FR\FM\17APR1.SGM
17APR1
]]>Agencies
[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Rules and Regulations]
[Pages 15956-15959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07713]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0205]
RIN 1625-AA08
Special Local Regulation; Lake of the Ozarks, Village of Four
Seasons, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the Osage Arm of the Lake of the
Ozarks from mile marker (MM) 5 to MM 9 in Village of Four Seasons, MO.
This special local regulation is necessary to protect the public,
participants, spectators, and the marine environment from potential
hazards during the Lake Race 2019. 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 8 a.m. through 6 p.m. on June 1,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0205 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 Lieutenant Commander Christian Barger, Waterways
Management Division, Sector Upper Mississippi River, U.S. Coast Guard;
telephone 314-269-2560, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
[[Page 15957]]
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 an NPRM with respect to this rule
because it is impracticable. This special local regulation must be
established by June 1, 2019 and we lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing this rule. Additionally, this is an annually recurring event
that is well known and publicized in the area. 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that potential hazards associated with
the Lake Race 2019 occurring on June 1, 2019 will be a safety concern
for persons and vessels within a four 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 during the Lake Race 2019 event.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from 8
a.m. through 6 p.m. on June 1, 2019 on all navigable waters of the
Osage arm of the Lake of the Ozarks from MM 5 to MM 9 in Village of
Four Seasons, MO. The duration of the special local regulation is
intended to protect the public from the power boat race during 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 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 covers a four mile stretch of the arm of
the Osage Arm of the Lake of the Ozarks for ten hours on one day.
Moreover, the Coast Guard will publish details of this event in the LNM
so that waterway 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),
[[Page 15958]]
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 ten hours on a four 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0205 to read as follows:
Sec. 100.T08-0205 Special Local Regulation; Lake of the Ozarks,
Village of Four Seasons, 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) 5 to MM 9 in the Village of Four Seasons, MO.
(b) Effective period. This section is effective from 8 a.m. through
6 p.m. on June 1, 2019.
(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'' or by calling
(314) 269-2332.
(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 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
[[Page 15959]]
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 Local Notices to Mariners (LNMs), and/or Marine
Safety Information Broadcasts (MSIBs) as appropriate.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-07713 Filed 4-16-19; 8:45 am]
BILLING CODE 9110-04-P
