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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking 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 VHFFM 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
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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
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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 VHFFM marine channel 16 about the area.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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.

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