[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Proposed Rules]
[Pages 28734-28737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0216]
RIN 1625-AA08


Special Local Regulation; Lake of the Ozarks, Mile 34.5, Sunrise 
Beach, MO

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for all navigable waters of Sunrise Beach in Francis 
Hollow at mile marker 34.5 on the Lake of the Ozarks, Missouri. This 
action is necessary to provide for the safety of life on these 
navigable waters during a waterside concert on June 26, 2021. This 
proposed rulemaking would establish a temporary special local 
regulation for spectator vessels and prohibit other vessels from 
transiting the regulated area during the concert. Transiting through 
the regulated area would be prohibited unless authorized by the Captain 
of the Port Sector Upper Mississippi River or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 28, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0216 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander Stephanie 
Moore, Waterways Management Division, Sector Upper Mississippi River, 
U.S. Coast Guard; telephone 314-269-2560, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 28735]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 4, 2021, Benne Media notified the Coast Guard that it will 
be holding a free waterside concert from 11 a.m. through 6 p.m. on June 
26, 2021. The concert will be held on the Lake of the Ozarks in Francis 
Hollow, Missouri,which contains residential homes with boat docks. The 
residents in this hollow may need to transit this area during the 
concert. The size of the specially regulated area would not prevent 
egress to or from any residence in Francis Hollow. Hazards from the 
event include vessels needing to transit the area during the concert 
which is expected to have a dense vessel spectator area. The Captain of 
the Port Sector Upper Mississippi River (COTP) has determined that 
potential hazards associated with the event would be a safety concern 
for concert vessel spectators and vessels needing to transit the area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after the scheduled event. 
The Coast Guard is proposing this rulemaking under authority in 46 
U.S.C. 70041 (previously 33 U.S.C. 1233).

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation from 11 
a.m. through 6 p.m. on June 26, 2021. The special local regulation 
would cover a portion of navigable waters on the west side of Francis 
Hollow at MM 34.5 on Lake of the Ozarks. The duration of the regulation 
is intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled 11 a.m. through 6 p.m. event. 
All non-participants would be prohibited from entering, transiting 
through, anchoring in, or remaining within the regulated area described 
in paragraph (a) of this section unless authorized by the COTP or their 
designated representative.
    A designated representative may be a Patrol Commander. The Patrol 
Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call 
sign ``PATCOM.'' An Official Patrol Vessel would mean a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port Upper 
Mississippi River, (COTP) in the enforcement of the regulations in this 
section. A Participant would mean all persons and vessels attending the 
event. All persons and vessels not registered with the sponsor as 
participants or official patrol vessels would be considered spectators.
    If a spectator vessel is required to transit through the regulated 
area it would be able to do so only with prior approval of the Patrol 
Commander and when so directed by that officer and would be operated at 
a no wake speed in a manner which will not endanger participants in the 
event or any other craft. No spectator would be permtted to anchor, 
block, loiter, or impede the through transit of official patrol vessels 
in the regulated area during the effective dates and times, unless 
cleared for entry by or through an official patrol vessel.
    The Patrol Commander might forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel would have to come to an immediate stop and 
comply with the directions given. Failure to do so might result in 
expulsion from the area, citation for failure to comply, or both. Any 
spectator vessel might anchor outside the regulated area specified in 
subsection (a) above, but may not anchor in, block, or loiter in a 
navigable channel.
    The Patrol Commander might terminate the event or the operation of 
any vessel at any time it is deemed necessary for the protection of 
life or property. The Patrol Commander might terminate enforcement of 
the special regulations at the conclusion of the event.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the proposed rule. The proposed special local 
regulation would cover 1 mile of the navigable waters of the Lake of 
Ozarks for seven hours on one day. Vessel traffic would be able to 
request permission from the COTP or a designated representative to 
enter or transit the regulated area. Moreover, the Coast Guard would 
issue Local Notices to Mariners, Safety Marine Information Broadcasts, 
and Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

[[Page 28736]]

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, 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 made 
a preliminary determination 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 proposed rule involves the 
establishment of a temporary special local regulation from 11 a.m. 
through 6 p.m. on June 26, 2021. The special local regulation would be 
effective for Francis Hollow on Lake of the Ozarks, MO. Normally such 
actions are categorically excluded from further review under paragraph 
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. A preliminary Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. If you go to the online docket and sign up for email alerts, 
you will be notified when comments are posted or a final rule is 
published.

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 is 
proposing to amend 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.T08-0216 to read as follows:


Sec.  100.T08-2016  Special Local Regulation; Francis Hollow, Mile 
Marker 34.5, The Lake of the Ozarks, MO.

    (a) Location. The following area is a special local regulation: All 
navigable waters of the Lake of Ozarks from the western bank to the 
midpoint Francis Hollow at Mile Marker (MM) 34.5.
    (b) Definitions. An Official Patrol Vessel means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port Upper 
Mississippi River, (COTP) in the enforcement of the regulations in this 
section. A Participant means all persons and vessels attending the 
event.
    (c) Regulations. (1) All non-participants would be prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the COTP or their designated representative.


designated Designated Representative may be a Coast Guard Patrol 
Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM.''

    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators.
    (3) Should a spectator vessel be required to transit through the 
regulated

[[Page 28737]]

area it may do so only with prior approval of the Patrol Commander and 
when so directed by that officer and will be operated at a no wake 
speed in a manner which will not endanger participants in the event or 
any other craft.
    (4) No spectator shall anchor, block, loiter, or impede the through 
transit of 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) The Patrol Commander 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.
    (6) Any spectator vessel may anchor outside the regulated area 
specified in subsection (a) above, but may not anchor in, block, or 
loiter in a navigable channel.
    (7) The Patrol Commander 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 Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of the event.
    (d) Enforcement Period. This section will be enforced from 11 a.m. 
through 6 p.m. on June 26, 2021.

    Dated: May 14, 2021.
R.M. Scott,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2021-11281 Filed 5-27-21; 8:45 am]
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