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

Citation85 FR 17038
Record Number2020-06177
Published date26 March 2020
SectionProposed rules
CourtCoast Guard
Federal Register, Volume 85 Issue 59 (Thursday, March 26, 2020)
[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
                [Proposed Rules]
                [Pages 17038-17040]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-06177]
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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: Notice of proposed rulemaking.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is proposing to establish 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 scheduled for May 23, June 20, June 27, July
                4, July 11, July 18, July 25, August 1, August 8, and August 15, 2020.
                This proposed rulemaking would prohibit persons and vessels from being
                in the safety zone unless authorized by the Captain of the Port Sector
                Upper Mississippi River or a designated representative. We invite your
                comments on this proposed rulemaking.
                [[Page 17039]]
                DATES: Comments and related material must be received by the Coast
                Guard on or before April 27, 2020.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2020-0067 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
                Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
                instructions on submitting comments.
                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 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, Purpose, and Legal Basis
                 On December 10, 2019, Celebration Cruises notified the Coast Guard
                that it will be conducting a firework display 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.
                Hazards from firework displays include accidental discharge of
                fireworks, dangerous projectiles, and falling hot embers or other
                debris. The Captain of the Port Sector Upper Mississippi River (COTP)
                has determined that potential hazards associated with the fireworks to
                be used in this display would be a safety concern for anyone within a
                420-foot radius of the barge.
                 The purpose of this rulemaking is to ensure the safety of vessels
                and the navigable waters within a 420-foot radius of the fireworks
                barge before, during, and after the scheduled event. The Coast Guard is
                proposing this rulemaking under authority in 46 U.S.C. 70034
                (previously 33 U.S.C. 1231).
                III. Discussion of Proposed Rule
                 The COTP is proposing to establish a safety zone from 9:15 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 would
                cover all navigable waters within 420 feet of 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. The duration of the zone is intended to
                ensure the safety of persons, vessels, and these navigable waters
                before, during, and after the scheduled 9:30 p.m. to 10:00 p.m.
                fireworks display. No vessel or person would be permitted to enter 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 enforcement dates 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).
                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. Executive Order 13771 directs agencies to control
                regulatory costs through a budgeting process. This NPRM has not been
                designated a ``significant regulatory action,'' under Executive Order
                12866. Accordingly, the NPRM 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 firework display that impact a half mile stretch of Lake of
                the Ozarks for one hour each.
                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
                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
                safety zone 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 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 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.
                C. Collection of Information
                 This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
                Executive Order 13175 (Consultation and Coordination with Indian Tribal
                Governments) because it would 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.
                [[Page 17040]]
                If you believe this proposed rule has implications for federalism or
                Indian tribes, please call or email 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 proposed rule would not
                result in such an expenditure, we do discuss the effects of this rule
                elsewhere in this preamble.
                F. Environment
                 We have analyzed this proposed 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 made
                a preliminary determination 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 proposed rule involves a safety
                zone lasting only one hour on 10 different days that would prohibit
                entry within 420 feet of a fireworks barge. Normally such actions are
                categorically excluded from further review under paragraph L60(a)
                Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
                preliminary 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. We seek any
                comments or information that may lead to the discovery of a significant
                environmental impact from this proposed rule.
                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.
                V. Public Participation and Request for Comments
                 We view public participation as essential to effective rulemaking,
                and will consider all comments and material received during the comment
                period. Your comment can help shape the outcome of this rulemaking. If
                you submit a comment, please include the docket number for this
                rulemaking, indicate the specific section of this document to which
                each comment applies, and provide a reason for each suggestion or
                recommendation.
                 We encourage you to submit comments through the Federal eRulemaking
                Portal at https://www.regulations.gov. If your material cannot be
                submitted using https://www.regulations.gov, call or email the person
                in the FOR FURTHER INFORMATION CONTACT section of this document for
                alternate instructions.
                 We accept anonymous comments. All comments received will be posted
                without change to https://www.regulations.gov and will include any
                personal information you have provided. For more about privacy and
                submissions in response to this document, see DHS's Correspondence
                System of Records notice (84 FR 48645, September 26, 2018).
                 Documents mentioned in this NPRM as being available in the docket,
                and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
                instructions. Additionally, if you go to the online docket and sign up
                for email alerts, you will be notified when comments are posted or a
                final rule is published.
                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 proposes
                to amend 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 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 on VHF radio Channel 16 or 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: March 6, 2020.
                S.A. Stoermer,
                Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
                River.
                [FR Doc. 2020-06177 Filed 3-25-20; 8:45 am]
                 BILLING CODE 9110-04-P
                

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