[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58104-58106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18372]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2023-0572]
RIN 1625-AA00


Safety Zone; Lake of the Ozarks, Mile Marker 8, 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 
all navigable waters within a 560-foot radius of a fireworks launch 
barge at Mile Marker (MM) 8 on Lake of the Ozarks. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by the fireworks display. Entry of vessels or 
persons into the 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 from 9 p.m. on August 25, 2023, through 
9:30 p.m. on August 26, 2023. This rule will be enforced from 9 p.m. to 
9:30 p.m. on August 25, 2023, or, if necessary due to inclement 
weather, on August 25, from 9 p.m. to 9:30 p.m. on August 26, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://

[[Page 58105]]

www.regulations.gov, type USCG-2023-0572 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 we must establish this safety zone by 
August 25, 2023, and lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
rule.
    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 contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with the fireworks display on the Lake of the Ozarks.

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 the Super Cat 
Fireworks Display, on August 25, 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 display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. until 9:30 p.m. on 
August 25, 2023. The safety zone will cover all navigable waters within 
a 560-foot radius of a fireworks launch barge located at mile marker 8 
on the Lake of the Ozarks. The duration 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. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement, as well as reductions in the size of the safety zone 
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners 
(BNMs), and/or Safety Marine Information Broadcast (SMIB), as 
appropriate.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, duration 
and location of the safety zone. The safety zone is for a fireworks 
display that impacts a 560 ft radius of a fireworks barge located at 
Lake of the Ozarks MM 8 on August 25, 2023 from 9 p.m. to 9:30 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.
    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 because the zone will be enforced only when 
work is being conducted.
    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

[[Page 58106]]

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 encompassing lasting from 9 p.m. to 9:30 p.m. that will 
prohibit entry around a 560 ft radius of a fireworks barge at Lake of 
the Ozarks MM 8. 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, 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.T08-0572 to read as follows:


Sec.  165.T08-0572  Safety Zone; Lake of the Ozarks, Mile Marker 8.

    (a) Location. The following area is a safety zone: all navigable 
waters extending 560 feet in all directions around a firework launch 
barge at Mile Marker 8 in the main channel on the Lake of the Ozarks.
    (b) Regulations. (1) In accordance with the general safety zone 
regulations in Sec.  165.23, entry of persons or vessels into this 
safety zone described in paragraph (a) of this section is prohibited 
unless authorized by the COTP or a 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 USCG Sector Upper Mississippi River.
    (2) To seek permission to enter, contact the COTP or a designated 
representative via VHF-FM channel 16, or through USCG Sector Upper 
Mississippi River at 314-269-2332. Persons and vessels permitted to 
enter the safety zone must comply with all lawful orders or directions 
issued by the COTP or designated representative.
    (c) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement, as well as reductions in size or scope of the safety zone 
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners 
(BNMs), and/or Safety Marine Information Broadcast (SMIB) as 
appropriate.
    (d) Enforcement period: This safety zone will be enforced from 9 
p.m. to 9:30 p.m. on August 25, 2023, with a rain date of August 26, 
2023.

    Dated: August 22, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2023-18372 Filed 8-24-23; 8:45 am]
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