[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 35001-35003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10912]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0067]
RIN 1625-AA00


Safety Zone; Lake of the Ozarks, Mile Marker .5 on the Main 
Channel of the Lake of the Ozarks Near Bagnel Dam, Lake Ozark, 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 during 
fireworks displays. This regulation prohibits persons and vessels from 
being in the safety zone during the specified periods of enforcement 
unless authorized by the Captain of the Port Sector Upper Mississippi 
River or a designated representative.

DATES: This rule is effective without actual notice from June 8, 2020 
through 10:15 p.m. on August 15, 2020. For purposes of enforcement, 
actual notice will be used from 9:15 p.m. on May 23, 2020 through June 
8, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0067 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 309-737-1982, 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 December 10, 2019, Celebration Cruises notified the Coast Guard 
that it will be conducting fireworks displays from 9:15 p.m. through 
10:15 p.m. on May 23, June 20, June 27, July 4, July 11, July 18, July 
25, August 1, August 8, and August 15, 2020. The fireworks are to be 
launched from a barge on Lake of the Ozarks at mile marker .5 on the 
main channel of Lake of the Ozarks near Bagnel Dam in Lake Ozark, MO. 
In response, on March 26, 2020, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Lake of the Ozarks, Mile 
Marker .5 on the Main Channel of the Lake of the Ozarks Near Bagnel 
Dam, Lake Ozark, MO [85 FR 17038]. There we stated why we issued the 
NPRM and invited comments on our proposed regulatory action related to 
these fireworks displays. During the comment period that ended April 
27, 2020, we received four comments.
    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 impracticable because immediate action is needed to

[[Page 35002]]

respond to the potential safety hazards associated with the fireworks 
displays.

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 the fireworks to be used on May 23, June 20, June 27, 
July 4, July 11, July 18, July 25, August 1, August 8, and August 15, 
2020 will be a safety concern for anyone within a 420-foot radius of 
the 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 four comments on our NPRM published 
March 26, 2020. Two of the comments were in full support of the 
proposed safety zone as it was written. The third comment was also in 
support of the proposed rule, however the commentor had a few 
questions; we will answer them here. The fourth comment was not 
applicable to this rule.
    The first question was regarding the definition of a vessel. As 
defined in 33 Code of Federal Regulations (CFR) 160.3, ``Vessel means 
every description of watercraft or other artificial conveyance used, or 
capable of being used, as a means of transportation on water'' and 
includes craft on and below the surface of the water. The second 
question was regarding the definition of navigable waters as it applied 
to this regulation prohibiting vessels and persons from being on, or in 
the surrounding waters around, Bagnel Dam. The safety zone that is 
being established at mile marker .5 on the Main Channel will only cover 
an area within a 420-foot radius from the fireworks barge and will not 
cover any portion of land, any permanant structures (including Bagnel 
Dam), nor the waters immediately adjacent to either side of Bagnel Dam. 
The enforcement location of the regulation has been updated to include 
specification of the 420-foot radius.
    This rule establishes a safety zone from 9:15 p.m. through 10:15 
p.m. on May 23, June 20, June 27, July 4, July 11, July 18, July 25, 
August 1, August 8, and August 15, 2020. The safety zone will cover all 
navigable waters within 420 feet of a fireworks barge on Lake of the 
Ozarks at mile marker .5 on the main channel of Lake of the Ozarks near 
Bagnel Dam in Lake Ozark, MO . The duration of the zone is intended to 
ensure the safety of vessels and these navigable waters before, during, 
and after the scheduled 9:15 to 10:15 p.m. fireworks displays. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.
    The fourth comment expressed concern that the Coast Guard had 
misintereted Executive Order 13771. The fourth comment related to 
Executive Order 13771 is beyond the scope of the regulation because the 
Executive Order that the comment refers to is not applicable to this 
regulation.

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 size, 
location, and duration of the temporary safety zone. This action 
involves only ten, one-hour long, occurrences in which persons and 
vessels will be prohibited from entering an area within 420 feet of a 
fireworks barge on Lake of the Ozarks.

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 
call or email 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

[[Page 35003]]

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.

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, 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 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 only one hour on ten different days that would 
prohibit entry within 420 feet of a fireworks barge on Lake of the 
Ozarks at mile marker .5 on the main channel of Lake of the Ozarks near 
Bagnel Dam in Lake Ozark, MO. 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. 1. A 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.

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.

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.T08-0067 to read as follows:


Sec.  165.T08-0067  Safety Zone; Lake of the Ozarks, Mile .5 on the 
Main Channel of the Lake of the Ozarks near Bagnel Dam, Lake Ozark, MO

    (a) Location. The following area is a safety zone: Lake of the 
Ozarks, within a 420-foot radius around a fireworks barge located at 
mile marker .5 on the main channel of the Lake of the Ozarks near 
Bagnel Dam in Lake Ozark, MO.
    (b) Period of enforcement. This section is effective from 9:15 p.m. 
through 10:15 p.m. on May 23, June 20, June 27, July 4, July 11, July 
18, July 25, August 1, August 8, and August 15, 2020.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, 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 while 
navigating in the regulated area.
    (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 
(LNM).

    Dated: May 15, 2020.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2020-10912 Filed 6-5-20; 8:45 am]
 BILLING CODE 9110-04-P