[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]
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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.
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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]
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