[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36950-36951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12064]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0457]
RIN 1625-AA00


Safety Zone; Lake of the Ozarks MM .5-1, Approximately 500 Feet 
Off the Bagnell Dam, Lake of the Ozarks, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Lake of the Ozarks at mile marker .5 to 
mile marker 1 approximately 500 feet southwest of the Bagnell Dam. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by a series of fireworks 
displays. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector Upper 
Mississippi River or a designated representative.

DATES: This rule is effective June 17, 2023, through September 2, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0457 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MSTC Nathaniel Dibley, Sector Upper Mississippi River 
Waterways Management Division, U.S. Coast Guard; telephone 314-269-
2550, email [email protected].

SUPPLEMENTARY INFORMATION: 

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 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 publishing an NPRM would be 
impractical and contrary to the public interest due to the date the 
event is taking place. It is impracticable and contrary to the public 
interest to publish an NPRM because we must establish this safety zone 
by June 17, 2023, to guard against potential hazards associated with 
this series of events. Potential safety hazards include the accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris.
    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 and contrary to the public interest 
due to the date the event is taking place and the need to protect 
against associated potential hazards. It would be impracticable to wait 
30 days after publishing because we must establish this safety zone by 
June 17, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Upper Mississippi River (COTP) 
has determined that potential hazards associated with Celebrations 
Cruise fireworks, on June 17, July 1, July 8, July 15, July 22, July 
29, August 5, August 19, and September 2, 2023, will be a safety 
concern for anyone within the fallout zone. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the fireworks displays.

IV. Discussion of the Rule

    This rule establishes a safety zone from June 17, 2023, through 
September 2, 2023. The zone will be enforced from 8:45 p.m. until 10:15 
p.m. on each of the following days in 2023: June 17, July 1, July 8, 
July 15, July 22, July 29, August 5, August 19, and September 2. The 
safety zone will cover all navigable waters within the outlined fallout 
zone, on the Lake of the Ozarks, between Mile Markers .5 to 1 
approximately 500 feet southwest of the Bagnell Dam. The duration of 
enforcement of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters during the fireworks 
display. No vessel or person will be permitted to transit the safety 
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. 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).
    This regulatory action determination is based on a series of 
fireworks displays that impact a one half mile stretch of the Lake of 
the Ozarks mile marker .5 to mile marker 1 approximately 500 feet 
southwest of the Bagnell Dam on June 17, July 1, July 8, July 15, July 
22, July 29, August 5, August 19, and September 2, 2023 from 8:45 p.m. 
to 10:15 p.m. Moreover, the Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the safety zone, 
mariners may seek permission to enter the zone.

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.

[[Page 36951]]

    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 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 that will be enforced from 8:45 p.m. to 10:15 p.m. on June 
17, July 1, July 8, July 15, July 22, July 29, August 5, August 19, and 
September 2, 2023, that will prohibit entry on the Lake of the Ozarks 
between MM .5 to MM 1 approximately 500 feet southwest of the Bagnell 
Dam. It is categorically excluded from further review under paragraph 
L60 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.

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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0457 to read as follows:


Sec.  165.T08-0457  Safety Zone[s]; Safety Zone, Lake of the Ozarks, 
Mile Markers .5-1, Lake of the Ozarks, MO.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Lake of the Ozarks at mile marker .5 to mile marker 1 
approximately 500 feet southwest of the Bagnell Dam.
    (b) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) 
assigned to units under the operational control of the USCG Sector 
Upper Mississippi River.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through USCG Sector Upper 
Mississippi River at 314-269-2332. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (c) Enforcement period. This safety zone will be enforced from 8:45 
p.m. to 10:15 p.m. each of the following days in 2023: June 17, July 1, 
July 8, July 15, July 22, July 29, August 5, August 19, and September 
2, 2023.

    Dated: May 31, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2023-12064 Filed 6-5-23; 8:45 am]
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