Safety Zone; Lake of the Ozarks, Sunrise Beach, MO, 30024-30026 [2019-13557]

Download as PDF 30024 Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Rules and Regulations comply with all directions given to them by the Captain of the Port Buffalo, or their on-scene representative. Dated: June 19, 2019. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2019–13516 Filed 6–25–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0525] RIN 1625–AA00 Safety Zone; Lake of the Ozarks, Sunrise Beach, MO Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for navigable waters of the Lake of the Ozarks within 250 feet of a fireworks launching barge near Sunrise Beach, MO. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River. DATES: This rule is effective from 8:15 p.m. to 10:45 p.m. on June 29, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0525 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, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314–269–2560, email Christian.J.Barger@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: jbell on DSK3GLQ082PROD with RULES 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 VerDate Sep<11>2014 15:55 Jun 25, 2019 Jkt 247001 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)(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. The Captain of the Port Sector Upper Mississippi River (COTP) was made aware of the fireworks display on June 13, 2019. The immediate action is needed to respond to the potential safety hazards associated with the barge launched fireworks display. It is impracticable to publish an NPRM because we must establish this safety zone by June 29, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this 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 needed to respond to the potential safety hazards associated with the bargelaunched fireworks display. 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 Captain of the Port Sector Upper Mississippi River (COTP) has determined that potential hazards associated with a fireworks display on June 29, 2019 will be a safety concern for anyone on the Lake of the Ozarks within 250 feet of a barge being used to launch fireworks near Sunrise Beach, MO. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone before, during, and after the fireworks display. IV. Discussion of the Rule This rule establishes a safety zone from 8:15 p.m. to 10:45 p.m. on June 29, 2019. The safety zone will cover all navigable waters of the Lake of the Ozarks within 250 feet of a barge being used to launch fireworks in the vicinity PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 latitude 38°10′13.50″ N, longitude 092°38′21.19″ W near Sunrise Beach, MO. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters before, during, and after an annual fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the 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. 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. 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 location, size, and duration of this rule. This rule is in effect for a small area of the waterway, all navigable waters of the Lake of the Ozarks within 250 feet of a barge being used to launch fireworks, and for a very limited period of time of two and one half hours. It will be in effect on June 29, 2019, when vessel traffic is not usually heavy. The location of the barge will be along the west bank of the lake and will be well outside of the normal path of traffic and the transiting vessels can go around the zone. In addition, vessels desiring to enter the zone, can request permission from the COTP or a designated representative. E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Rules and Regulations 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 temporary 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). jbell on DSK3GLQ082PROD with RULES 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 VerDate Sep<11>2014 15:55 Jun 25, 2019 Jkt 247001 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 Environmental Planning COMDTINST 5090.1 (series), 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 not more than two and one half hours that will prohibit entry on the Lake of the Ozarks within 250 feet of a barge being used to launch fireworks in the vicinity latitude 38°10′13.50″ N, longitude 092°38′21.19″ W near Sunrise Beach, MO. It is categorically excluded from further review under paragraph L60(A) in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 30025 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: ■ 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.T08–0525 to read as follows: ■ § 165.T08–0525 Safety Zone; Lake of the Ozarks, Sunrise Beach, MO. (a) Location. The following area is a temporary safety zone: All navigable waters of Lake of the Ozarks within 250 feet of a barge being used to launch fireworks in the vicinity latitude 38°10′13.50″ N, longitude 092°38′21.19″ W near Sunrise Beach, MO. (b) Period of enforcement. This section will be enforced from 8:15 p.m. to 10:45 p.m. on June 29, 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 E:\FR\FM\26JNR1.SGM 26JNR1 30026 Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Rules and Regulations Notices to Mariners (LNMs) and/or actual notice. Dated: June 19, 2019. S.A. Stoermer, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. [FR Doc. 2019–13557 Filed 6–25–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 61 RIN 2900–AQ15 Case Management Services Grant Program Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) adopts as final, with no changes, an interim final rule amending its regulations that govern programs benefitting homeless veterans to implement a new statutory requirement. The statute requires VA to establish a new grant program that will provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and to veterans who are at risk of becoming homeless. The grant program established by the interim final rule, which is now adopted as final, will be an essential part of VA’s attempts to eliminate homelessness among the veteran population. DATES: This final rule is effective June 26, 2019. FOR FURTHER INFORMATION CONTACT: Jeffery Quarles, Director, Grant and Per Diem Program, (10NC1HM), VA National Grant and Per Diem Program Office, 10770 N. 46th Street, Suite C– 200, Tampa, FL 33617. Jeffery.quarles@ va.gov. (877) 332–0334. (This is a tollfree number.) SUPPLEMENTARY INFORMATION: In a document published in the Federal Register on June 5, 2018, VA published an interim final rule, which amended its regulations that govern programs benefitting homeless veterans. 83 FR 25915. VA provided a 60-day comment period, which ended on August 6, 2018. We received three comments on the interim final rule. The general authority for VA homeless grant and per diem program is 38 United States Code (U.S.C.) 2011 and 2012. In an effort to reduce homelessness in the veteran population, Congress has required VA to expand its benefits for homeless veterans by jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:55 Jun 25, 2019 Jkt 247001 establishing a new grant program to provide funds to organizations that will provide case management services to improve the retention of housing by veterans who were previously homeless and are transitioning to permanent housing and to veterans who are at risk of becoming homeless. See Public Law 114–315, sec. 712 (Dec. 16, 2016) (codified at 38 U.S.C. 2013). This final rule, adopts as final, an interim final rule that added this new case management program to VA’s Homeless Providers Grant and Per Diem Program regulations by adding a new subpart G to 38 CFR part 61 to accurately reflect these changes in law. The new case management program mirrors existing homeless grant per diem programs as much as possible for ease of administrating and running the new grant program. We received three comments. We received one comment in support of the rule. The commenter stated that the rule will help individuals who were previously homeless obtain the help and support they need to transition to permanent housing and assist in the referral of homeless individuals to health care and mental health services. The commenter further stated that the case manager ‘‘could provide valuable support to veterans regarding education related to the tenant and financial responsibilities, healthy meal choices, transportation and other community resources.’’ We are not making any edits based on this comment. One commenter was concerned with ‘‘the prohibition against: ‘the use of grant funds for veterans who are receiving case management services from permanent supportive housing programs (e.g. Housing and Urban Development—VA Supportive Housing) or rapid re-housing/homeless prevention programs [e.g. Supportive Services for Veteran Families (SSVF)].’ This prohibition is found in the proposed 38CFR61.90(a).’’ The commenter requested clarification to the regulation to now state ‘‘that veterans in the HUD–VASH program but not receiving case management services therefrom (such as those veterans graduated off of those services) would in fact be eligible for the proposed case management services.’’ The interim final rule explains that, to maximize those served by this new program, these grants may not be used for veterans who are receiving case management services from permanent supportive housing programs (e.g., HUD–VASH program) or rapid rehousing/homeless prevention programs (e.g. SSVF). 83 FR at 25915. In other words, the new case management PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 benefits cannot be provided concurrently with case management services provided under these other programs. This also prevents duplication of benefits. We believe that this particular concern centers around those veterans who have graduated from VA’s Housing and Urban Development Veterans Administration Supportive Housing (HUD–VASH) Program and a perceived need to clarify their eligibility for case management services under this new program. HUD–VASH participants graduate when they no longer require, and hence participate in, case management services; however, for financial reasons they may continue to receive the HUD Section 8 Housing Choice Voucher. While exited from case management under this program, they are fully integrated within the larger VA system of care and/or the community. Consistent with VA HUD–VASH policy, while continuing to use their rental assistance Section 8 voucher, they must be given the opportunity to return to case management under the HUD– VASH program, if needed. Upon review, VHA may approve requests for readmission to case management services under the HUD–VASH program. So, we disagree with the commenter’s underlying assumption that HUD–VASH participants who have graduated from case management are foreclosed from obtaining needed case management services and so should be eligible for them under this new program. A mechanism is already in place for graduates from the HUD– VASH program to request readmission to case management. If the request is not approved, they may seek these services under grants awarded under this new grant program. The bar on the receipt of duplicate case management services refers only to cases where case management services would be provided under both this new grant program and a permanent supportive housing program or rapid re-housing/ homeless prevention program. For these reasons, we do not believe that further clarification in the regulation text is needed. We make no changes based on this comment. A commenter noted that prohibiting case management through Supportive Services for Veterans Families (SSVF) will prohibit temporary financial assistance through SSVF. As stated in § 62.1, SSVF provides supportive services grants to eligible entities to facilitate the provision of supportive services to very low-income veteran families who are occupying permanent housing. In developing the E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Rules and Regulations]
[Pages 30024-30026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13557]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0525]
RIN 1625-AA00


Safety Zone; Lake of the Ozarks, Sunrise Beach, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Lake of the Ozarks within 250 feet of a 
fireworks launching barge near Sunrise Beach, MO. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by a fireworks display. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Upper Mississippi River.

DATES: This rule is effective from 8:15 p.m. to 10:45 p.m. on June 29, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0525 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, Sector Upper 
Mississippi River Waterways Management Division, 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

    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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. The Captain of 
the Port Sector Upper Mississippi River (COTP) was made aware of the 
fireworks display on June 13, 2019. The immediate action is needed to 
respond to the potential safety hazards associated with the barge 
launched fireworks display. It is impracticable to publish an NPRM 
because we must establish this safety zone by June 29, 2019 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this 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 needed to respond to the potential safety hazards associated 
with the barge-launched fireworks display.

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 Captain of the Port Sector Upper 
Mississippi River (COTP) has determined that potential hazards 
associated with a fireworks display on June 29, 2019 will be a safety 
concern for anyone on the Lake of the Ozarks within 250 feet of a barge 
being used to launch fireworks near Sunrise Beach, MO. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone before, during, and after the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:15 p.m. to 10:45 p.m. on 
June 29, 2019. The safety zone will cover all navigable waters of the 
Lake of the Ozarks within 250 feet of a barge being used to launch 
fireworks in the vicinity latitude 38[deg]10'13.50'' N, longitude 
092[deg]38'21.19'' W near Sunrise Beach, MO. The duration of the zone 
is intended to protect personnel, vessels, and the marine environment 
in these navigable waters before, during, and after an annual fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the 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. 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.

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 location, 
size, and duration of this rule. This rule is in effect for a small 
area of the waterway, all navigable waters of the Lake of the Ozarks 
within 250 feet of a barge being used to launch fireworks, and for a 
very limited period of time of two and one half hours. It will be in 
effect on June 29, 2019, when vessel traffic is not usually heavy. The 
location of the barge will be along the west bank of the lake and will 
be well outside of the normal path of traffic and the transiting 
vessels can go around the zone. In addition, vessels desiring to enter 
the zone, can request permission from the COTP or a designated 
representative.

[[Page 30025]]

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 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section 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 Environmental Planning COMDTINST 5090.1 (series), 
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 not more than two 
and one half hours that will prohibit entry on the Lake of the Ozarks 
within 250 feet of a barge being used to launch fireworks in the 
vicinity latitude 38[deg]10'13.50'' N, longitude 092[deg]38'21.19'' W 
near Sunrise Beach, MO. It is categorically excluded from further 
review under paragraph L60(A) in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1.

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:

    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.T08-0525 to read as follows:


Sec.  165.T08-0525  Safety Zone; Lake of the Ozarks, Sunrise Beach, MO.

    (a) Location. The following area is a temporary safety zone: All 
navigable waters of Lake of the Ozarks within 250 feet of a barge being 
used to launch fireworks in the vicinity latitude 38[deg]10'13.50'' N, 
longitude 092[deg]38'21.19'' W near Sunrise Beach, MO.
    (b) Period of enforcement. This section will be enforced from 8:15 
p.m. to 10:45 p.m. on June 29, 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

[[Page 30026]]

Notices to Mariners (LNMs) and/or actual notice.

    Dated: June 19, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2019-13557 Filed 6-25-19; 8:45 am]
 BILLING CODE 9110-04-P