Safety Zone; Lake of the Ozarks, Osage Beach, MO, 16782-16784 [2019-08126]
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Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations
Captain of the Port or designated Coast
Guard patrol personnel on scene.
DATES: The regulations in the table to 33
CFR 165.506 at (a)(16) will be enforced
from 8:30 p.m. through 9 p.m. on April
26, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Thomas Welker, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division, telephone 215–
271–4814, email Thomas.J.Welker@
uscg.mil.
The Coast
Guard will enforce the safety zone in the
Table to 33 CFR 165.506, entry (a)(16)
for the Delaware River Waterfront
Corporation Fireworks display from
8:30 p.m. through 9 p.m. on April 26,
2019. This action is necessary to ensure
safety of life on the navigable waters of
the United States immediately prior to,
during, and immediately after the
fireworks displays. Our regulation for
safety zones of fireworks displays
within the Fifth Coast Guard District,
table to § 165.506, entry (a)(16) specifies
the location of the regulated area as all
waters of Delaware River, adjacent to
Penn’s Landing, Philadelphia, PA,
within 500 yards of a fireworks launch
site at approximate position latitude
39°56′49″ N, longitude 075°08′11″ W.
During the enforcement period, as
reflected in § 165.506(d), vessels may
not enter, remain in, or transit through
the safety zone during the enforcement
period unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on scene.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via broadcast
notice to mariners.
SUPPLEMENTARY INFORMATION:
Dated: April 18, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2019–08127 Filed 4–22–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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33 CFR Part 165
[Docket Number USCG–2019–0113]
RIN 1625–AA00
Safety Zone; Lake of the Ozarks,
Osage Beach, MO
AGENCY:
Coast Guard, DHS.
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ACTION:
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone 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 the Tan-Tar-A Resort, Osage
Beach, MO during a fireworks display
on May 4, 2019. This rulemaking will
prohibit persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative.
DATES: This rule is effective on May 4,
2019 from 8:45 to 9:45 p.m.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0113 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On February 18, 2019, the Premier
Pyrotechnics Inc. notified the Coast
Guard that it would be conducting a
fireworks display from 9 to 9:30 p.m. on
May 4, 2019, for a private event taking
place at the Tan-Tar-A Resort in Osage
Beach, MO. The fireworks are to be
launched from a barge in the Lake of the
Ozarks approximately 250 feet southeast
of the southern point of the resort near
mile marker 26. In response, on March
15, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Lake of the Ozarks,
Osage Beach, MO (84 FR 9468). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended April 15, 2019, we
received five comments, all of which
were in favor of the safety zone.
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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. The application for this
fireworks display was not received in
sufficient time to permit both a
comment period and for making this
rule effective 30 days after publication
in the Federal Register. The
determination of good cause was made
due to the fact that no comments in
opposition to the proposed rule were
received regarding this event, that this
area is routinely used for fireworks
displays throughout the year, and the
fact that delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the barge
launched fireworks display at this
location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that potential hazards
associated with the fireworks to be used
in this May 4, 2019 display will be a
safety concern for anyone within a 300foot radius of the fireworks barge. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the safety zone before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received five
comments on our NPRM published
March 15, 2019. All five comments
recognized the inherent risks involved
with fireworks displays and indicated
favor for the proposed rule. One
comment posed a concern about
providing an alternate route to avoid the
safety zone to ensure there would not be
a buildup of vessels surrounding the
zone. Waters of Lake of the Ozarks
outside of the established safety zone
will be available and open for all traffic,
as normal. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 8:45 to 9:45 p.m. on May 4, 2019.
The safety zone would cover all
navigable waters within 300 feet of a
barge in the Lake of the Ozarks located
approximately 250 feet southeast of the
southern point of the Tan-Tar-a Resort
near mile marker 26. The duration of the
zone is intended to ensure the safety of
vessels on these navigable waters before,
during, and after the scheduled
fireworks display. No vessel or person
would be permitted to enter the safety
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Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations
zone 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.
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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 duration of the rule and
the location of the safety zone within
the waterway. This regulatory action
would be in place for a period of 1 hour,
within a 300 foot radius of the fireworks
barge, close to the shoreline of the TanTar-A Resort in Osage Beach, MO. The
majority of the waterway would remain
open to traffic during the fireworks
display.
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.
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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 Order13132.
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.
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16783
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 safety
zone lasting 1 hour that will prohibit
entry within 300 feet of a barge in the
Lake of the Ozarks located
approximately 250 feet southeast of the
southern point of the Tan-Tar-A Resort
near mile marker 26. It is categorically
excluded from further review under
paragraph L60(a) 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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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16784
Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0113 to read as
follows:
■
§ 165.T08–0113 Safety Zone; Lake of the
Ozarks, Osage Beach, MO.
(a) Location. The following area is a
safety zone: all navigable waters of the
Lake of the Ozarks within a 300-foot
radius of a barge-launched fireworks
display located approximately 250 feet
southeast of the southern point of the
Tan-Tar-A Resort near mile marker 26.
(b) Period of enforcement. This
section will be enforced from 8:45 p.m.
through 9:45 p.m. on May 4, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23,
persons and vessels are prohibited from
entering the safety zone unless
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Upper Mississippi River.
(2) 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 by telephone at 314–269–
2332.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement date and times for this
safety zone, as well as any emergent
safety concerns that may delay the
enforcement of the zone through Local
Notices to Mariners (LNMs), and/or
actual notice.
Dated: April 18, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–08126 Filed 4–22–19; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
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Copyright Office
37 CFR Part 202
[Docket No. 2018–13]
Architectural Works
U.S. Copyright Office, Library
of Congress.
AGENCY:
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ACTION:
Final rule.
The U.S. Copyright Office is
amending its regulations pertaining to
the registration of architectural works.
To improve the efficiency of the
registration process, and encourage
broader participation in the registration
system, the final rule will require
applicants to submit their claims using
an online application, rather than a
paper application. Applicants will be
required to provide a date of
construction, but only if the work was
embodied in unpublished plans or
drawings on or before December 1, 1990
and if the work was constructed before
January 1, 2003. And, applicants will be
encouraged—but not required—to
upload a digital copy of their
architectural works through the
electronic registration system, instead of
submitting a physical copy.
DATES: Effective May 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice; Erik Bertin, Deputy
Director of Registration Policy and
Practice; Jordana Rubel, Assistant
General Counsel by telephone at 202–
707–8040 or by email at rkas@
copyright.gov, ebertin@copyright.gov,
and jrubel@copyright.gov.
SUPPLEMENTARY INFORMATION: On
December 26, 2018, the Copyright Office
published a notice of proposed rule
rulemaking (‘‘NPRM’’) setting forth
proposed amendments to the
regulations governing the registration of
architectural works. 83 FR 66182 (Dec.
26, 2018). The Office received
comments from three individuals who
generally supported the proposal.1
Having reviewed and carefully
considered these comments, the Office
is issuing a final rule that is identical to
the rule proposed in the NPRM.
The final rule requires applicants to
submit their claims through the
electronic registration system using the
Standard Application, in lieu of a paper
form.2 The rule states that applicants
must provide a date of construction, but
SUMMARY:
1 All of the comments submitted in response to
the NPRM can be found on the Copyright Office’s
website at https://www.copyright.gov/rulemaking/
architecturalworks/.
2 The Office recently issued a final rule
confirming that the Standard Application may be
used to register any work under sections 408(a) and
409 of the Copyright Act, including an architectural
work. At the same time, the Office confirmed that
architectural works may not be registered with the
Single Application, which is a streamlined version
of the electronic application. 37 CFR
202.3(b)(2)(i)(A), (B). To avoid potential confusion
between the Single and Standard Applications,
today’s final rule removes the word ‘‘single’’
wherever it appears in 37 CFR 202.11.
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only if the architectural work was
embodied in unpublished plans created
prior to December 1, 1990 and if the
building was constructed before January
1, 2003. The rule amends the deposit
requirements by allowing applicants to
submit drawings and photographs of an
architectural work in any form that
allows the Office to access, perceive,
and examine the entire copyrightable
content of the work, including by
uploading the deposit through the
electronic registration system in an
acceptable file format. Finally, the rule
confirms that architectural works are
classified as ‘‘works of the visual arts’’
for purposes of registration, and it
makes some technical amendments that
will improve the organization and
readability of the regulations.
The commenters generally supported
the online filing requirement and agreed
that it will improve the efficiency of the
registration process. One individual
expressed concern that applicants may
be accustomed to using paper forms and
may need time to adapt to this change.
Another noted that some applicants may
not have access to computers, and
encouraged the Office to ‘‘allow certain
exceptions’’ for such persons.3
The final rule provides the requested
flexibility. When the rule goes into
effect, applicants will be required to use
the online application to register an
architectural work. Paper applications
submitted on Form VA will not be
accepted. However, the Office will have
the authority to waive the online filing
requirement in ‘‘an exceptional case’’
and ‘‘subject to such conditions as the
Associate Register and Director of the
Office of Registration Policy and
Practice may impose on the applicant.’’
Applicants who do not have a computer
or internet access may contact the
Office, and the Office will review the
specific details of their situation to
determine if a waiver is warranted.
The commenters generally supported
the proposal to allow for digital uploads
in lieu of physical copies, though one
individual suggested that digital
submissions should be mandatory rather
than permissive. Sections 407 and 408
of the Copyright Act give the Register of
Copyrights broad authority to issue
regulations concerning the specific
nature of the copies that must be
submitted for purposes of registration
and mandatory deposit.4 Architectural
works are typically created with
computer software, and as noted in the
NPRM, the Office expects that most
applicants will submit their deposits in
electronic form. That said, the Office
3 Comments
4 17
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of Reema Mahmoud and Nik Zou.
U.S.C. 408(c)(1).
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]]>Agencies
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16782-16784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08126]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0113]
RIN 1625-AA00
Safety Zone; Lake of the Ozarks, Osage Beach, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone 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 the Tan-
Tar-A Resort, Osage Beach, MO during a fireworks display on May 4,
2019. This rulemaking will prohibit persons and vessels from entering
the safety zone unless authorized by the Captain of the Port Sector
Upper Mississippi River (COTP) or a designated representative.
DATES: This rule is effective on May 4, 2019 from 8:45 to 9:45 p.m.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0113 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
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 February 18, 2019, the Premier Pyrotechnics Inc. notified the
Coast Guard that it would be conducting a fireworks display from 9 to
9:30 p.m. on May 4, 2019, for a private event taking place at the Tan-
Tar-A Resort in Osage Beach, MO. The fireworks are to be launched from
a barge in the Lake of the Ozarks approximately 250 feet southeast of
the southern point of the resort near mile marker 26. In response, on
March 15, 2019, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Lake of the Ozarks, Osage Beach,
MO (84 FR 9468). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this fireworks
display. During the comment period that ended April 15, 2019, we
received five comments, all of which were in favor of the safety zone.
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. The application for this fireworks
display was not received in sufficient time to permit both a comment
period and for making this rule effective 30 days after publication in
the Federal Register. The determination of good cause was made due to
the fact that no comments in opposition to the proposed rule were
received regarding this event, that this area is routinely used for
fireworks displays throughout the year, and the fact that delaying the
effective date of this rule would be contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the barge launched fireworks display at this
location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the fireworks to be used in this May
4, 2019 display will be a safety concern for anyone within a 300-foot
radius of the fireworks barge. The purpose of this rule is to ensure
safety of vessels and the navigable waters in the safety zone before,
during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received five comments on our NPRM published
March 15, 2019. All five comments recognized the inherent risks
involved with fireworks displays and indicated favor for the proposed
rule. One comment posed a concern about providing an alternate route to
avoid the safety zone to ensure there would not be a buildup of vessels
surrounding the zone. Waters of Lake of the Ozarks outside of the
established safety zone will be available and open for all traffic, as
normal. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone from 8:45 to 9:45 p.m. on May
4, 2019. The safety zone would cover all navigable waters within 300
feet of a barge in the Lake of the Ozarks located approximately 250
feet southeast of the southern point of the Tan-Tar-a Resort near mile
marker 26. The duration of the zone is intended to ensure the safety of
vessels on these navigable waters before, during, and after the
scheduled fireworks display. No vessel or person would be permitted to
enter the safety
[[Page 16783]]
zone 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 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 duration of
the rule and the location of the safety zone within the waterway. This
regulatory action would be in place for a period of 1 hour, within a
300 foot radius of the fireworks barge, close to the shoreline of the
Tan-Tar-A Resort in Osage Beach, MO. The majority of the waterway would
remain open to traffic during the fireworks display.
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
Order13132.
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
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 safety zone lasting 1 hour that will prohibit entry within 300 feet
of a barge in the Lake of the Ozarks located approximately 250 feet
southeast of the southern point of the Tan-Tar-A Resort near mile
marker 26. It is categorically excluded from further review under
paragraph L60(a) 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
[[Page 16784]]
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0113 to read as follows:
Sec. 165.T08-0113 Safety Zone; Lake of the Ozarks, Osage Beach, MO.
(a) Location. The following area is a safety zone: all navigable
waters of the Lake of the Ozarks within a 300-foot radius of a barge-
launched fireworks display located approximately 250 feet southeast of
the southern point of the Tan-Tar-A Resort near mile marker 26.
(b) Period of enforcement. This section will be enforced from 8:45
p.m. through 9:45 p.m. on May 4, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, persons and vessels are prohibited from entering the
safety zone unless authorized by the Captain of the Port Sector Upper
Mississippi River (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Upper Mississippi River.
(2) 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 by telephone at 314-269-2332.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through Local Notices to Mariners
(LNMs), and/or actual notice.
Dated: April 18, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-08126 Filed 4-22-19; 8:45 am]
BILLING CODE 9110-04-P
