Safety Zone; Lake of the Ozarks, Mile 1.5 on the Gravois Arm of the Lake of the Ozarks, Lake Ozark, MO, 20226-20228 [2020-07631]
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Proposed Rules
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requirements.1 I am pleased that the
Commission is seeking comment on this
issue.
Specifically, this Notice seeks
comment on whether a more flexible
approach to labeling obligations would
provide sufficient guidance to
businesses while simultaneously
fulfilling the Commission’s mandate
under the statute.2 The current
requirements are highly prescriptive.
For example, the Rule specifies the trim
size dimensions for labels, including the
precise width and length (e.g., width
51⁄4 to 51⁄2 inches (13.34 cm to 13.97
cm)); the number of picas for the copy
set (between 27 and 29); the type style
and setting; the weight of the paper
stock on which the labels are printed
(not less than 58 pounds per 500 sheets
(25″ × 38″) or equivalent); and a
suggested minimum peel adhesive
capacity of 12 ounces per square inch.
These highly prescriptive requirements
depart significantly from the approach
employed by other Commission Rules
and Guides that contain labeling
requirements. For example, the Rules
and Regulations Under the Textile Fiber
Products Identification Act provide
simply that the ‘‘label shall be
conspicuous and shall be of such
durability as to remain attached to the
product and its package throughout any
distribution, sale, resale and until sold
and delivered to the ultimate
consumer.’’ 3 The Commission’s Guides
for Select Leather and Imitation Leather
Products similarly require that the label
‘‘should be affixed so as to remain on or
attached to the product until received
by the consumer purchaser.’’ 4
While I have great faith in markets to
produce the best results for consumers,
the prerequisite of healthy competition
is sometimes absent. In limited
situations, regulations can help address
market failures. But for regulations to
succeed in restoring market forces, they
must eliminate the market failure in the
most narrow and targeted manner
possible. Regulatory ‘‘fixes’’ that extend
beyond simply correcting the problem
may upset the balance of forces in the
rest of the market and, ultimately, may
harm consumers.5 That is why I share
1 See Dissenting Statement of Commissioner
Christine S. Wilson on the Notice of Proposed
Rulemaking: Energy Labeling Rule (Dec. 10, 2018),
https://www.ftc.gov/public-statements/2018/12/
dissenting-statement-commissioner-christine-swilson-notice-proposed.
2 Energy Policy and Conservation Act, 42 U.S.C.
6295.
3 16 CFR part 303.15.
4 16 CFR part 24.2(g).
5 See, e.g., Howard Beales, et al., ‘‘The Proper
Role of Rules in a Gloriously Unruly Economy,’’
released by the Regulatory Transparency Project of
the Federalist Society, August 28, 2019, https://
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17:33 Apr 09, 2020
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the President’s goal of eliminating
unnecessary and burdensome regulatory
requirements.6
The Trump administration has called
for agencies to carefully review
regulations. I am proud that the FTC has
had a long tradition of proactively
reviewing our rules to ensure our
regulatory program protects consumers
while seeking to avoid the unnecessary
imposition of costs on businesses.7 In
the last few years, the FTC has repealed
or streamlined significantly a number of
Rules and Guides. For example, the FTC
recently repealed the Picture Tube Rule,
which the Commission determined was
no longer necessary to prevent
deceptive claims regarding the size of
television screens.8 The FTC also
revised the Jewelry Guides, removing
outdated provisions as well as lifting
restrictions on the marketing of goldcontent products.9 Just last year, the
FTC rescinded the Nursery Guides—
rules governing the sale of outdoor
plants—because they had outlived their
utility for consumers and industry.10
I applaud the FTC’s regular,
systematic review of all of its rules and
guides on a rotating basis. When the
Commission conducts a review of a Rule
or Guide, we regularly ask if the
regulation is still necessary. We ask
about the costs and benefits to
businesses and consumers; conflicts
with state, local, federal or international
laws; whether consumer perceptions
have changed; and the effect, if any, that
changes in relevant technological,
economic or environmental conditions
have had on Rules and Guides. This
process lends transparency to the
Commission’s regulatory review. The
Commission is receptive and responsive
to the comments, often making
regproject.org/paper/the-proper-role-of-rules-in-agloriously-unruly-economy/ (discussing large and
unintended consequences of burdensome
regulations).
6 Executive Order 13,771, 82 FR 9339 (Feb. 3,
2017) (imposing a rule that for every new regulation
created, two must be eliminated).
7 In the 1990s, the Commission rescinded 24
Guides (addressing, e.g., fallout shelters, the
decorative wall paneling industry, and the dog and
cat food industry) and 13 trade rules, including
those concerning the misuse of ‘‘automatic’’ or
terms of similar import as descriptive of household
electric sewing machines; deceptive advertising and
labeling as to size of tablecloths and related
products; and the Frosted Cocktail Glass Rule.
8 See https://www.ftc.gov/policy/federal-registernotices/16-cfr-part-410-deceptive-advertising-sizesviewable-pictures-shown.
9 See https://www.ftc.gov/public-statements/
2018/07/statement-basis-purpose-final-revisionsjewelry-guides.
10 See Press Release, Fed. Trade Comm’n., ‘‘FTC
Approves Proposal Rescinding Nursery Guides,’’
(June 4, 2019), https://www.ftc.gov/news-events/
press-releases/2019/06/ftc-approves-proposalrescinding-nursery-guides.
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regulatory revisions to address changing
market forces.
Freeing businesses from unnecessarily
prescriptive requirements benefits
consumers. Although the Commission
long ago abandoned some of the most
egregious instances of invasive
regulatory zeal that earned it the
sobriquet of the ‘‘second most powerful
legislature in Washington,’’ 11
forswearing new mistakes is not enough.
Accordingly, I am pleased to see the
Agency reviewing the more prescriptive
aspects of this Rule and am committed
to an ongoing practice of identifying
opportunities to streamline our
regulations by updating, modifying, or
eliminating outdated, burdensome, or
unnecessary provisions.
[FR Doc. 2020–06960 Filed 4–9–20; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0201]
RIN 1625–AA00
Safety Zone; Lake of the Ozarks, Mile
1.5 on the Gravois Arm of the Lake of
the Ozarks, Lake Ozark, MO
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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 a fireworks display
scheduled for June 6, 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.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 11, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0201 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
SUMMARY:
11 See, e.g., J. Howard Beales, III & Timothy J.
Muris, FTC Consumer Protection at 100: 1970s
Redux or Protecting Markets to Protect Consumers?,
83 Geo. Wash. L. Rev. 2157, 2159 (2015) (quoting
Jean Carper, The Backlash at the FTC, Wash. Post,
Feb. 6, 1977, at C1).
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Proposed Rules
Comments’’ portion of the
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 Christian.J.Barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
§ Section
U.S.C. United States Code
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III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 8:30 through 10 p.m.
on June 6, 2020 to allow for moving the
firework barge into place, conducting
the display, and removal of the barge.
The safety zone would cover all
navigable waters within 420 feet of the
barge located at mile 1.5 on the Gravois
Arm of the Lake of the Ozarks 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
9:00 p.m. to 9:30 p.m. fireworks display.
No vessel or person would be permitted
to enter the safety zone without
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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
II. Background, Purpose, and Legal
Basis
On March 14, 2020, AM Pyrotechnics,
LLC notified the Coast Guard that it will
be conducting a firework display from
9:00 p.m. through 9:30 p.m. on June 6,
2020. The fireworks are to be launched
from a barge located at mile 1.5 on the
Gravois Arm of the Lake of the Ozarks
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).
VerDate Sep<11>2014
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).
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 a firework display
that impacts only a half mile stretch of
Lake of the Ozarks for one and a half
hours.
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.
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20227
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.
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
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Proposed Rules
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 temporary safety zone
lasting only one and a half hours on one
day that would prohibit entry within
420 feet of a firework barge. Normally
such actions are 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 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.
lotter on DSKBCFDHB2PROD with PROPOSALS
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
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17:33 Apr 09, 2020
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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.
(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: April 6, 2020.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2020–07631 Filed 4–9–20; 8:45 am]
BILLING CODE 9110–04–P
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:
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1192
[Docket No. ATBCB–2020–0002]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
RIN 3014–AA42
1. The authority citation for part 165
continues to read as follows:
Americans With Disabilities Act
Accessibility Guidelines for
Transportation Vehicles; Rail Vehicles;
Extension of Comment Period
■
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.
2. Add § 165.T08–0201 to read as
follows:
■
§ 165.T08–0201 Safety Zone; Lake of the
Ozarks, Mile 1.5 on the Gravois Arm of the
Lake of the Ozarks, Lake Ozark, MO
(a) Location. The following area is a
safety zone: Lake of the Ozarks, Mile 1.5
on the Gravois Arm of the Lake of the
Ozarks, Lake Ozark, MO.
(b) Period of enforcement. This
section is effective from 8:30 p.m.
through 10 p.m. on June 6, 2020.
(c) Regulations. (1) In accordance with
the general regulations in § 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
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Architectural and
Transportation Barriers Compliance
Board.
ACTION: Advance notice of proposed
rulemaking; extension of comment
period.
AGENCY:
The Architectural and
Transportation Barriers Compliance
Board (Access Board) is extending until
July 14, 2020 the comment period for
the document entitled ‘‘Americans with
Disabilities Act Accessibility Guidelines
for Transportation Vehicles; Rail
Vehicles’’ that appeared in the Federal
Register on February 14, 2020. In that
document, the Access Board requested
comments by May 14, 2020. The Access
Board is taking this action to allow
interested persons additional time to
submit comments.
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Proposed Rules]
[Pages 20226-20228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07631]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0201]
RIN 1625-AA00
Safety Zone; Lake of the Ozarks, Mile 1.5 on the Gravois Arm of
the Lake of the Ozarks, 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 a fireworks display scheduled for June 6, 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.
DATES: Comments and related material must be received by the Coast
Guard on or before May 11, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0201 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
[[Page 20227]]
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 March 14, 2020, AM Pyrotechnics, LLC notified the Coast Guard
that it will be conducting a firework display from 9:00 p.m. through
9:30 p.m. on June 6, 2020. The fireworks are to be launched from a
barge located at mile 1.5 on the Gravois Arm of the Lake of the Ozarks
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 8:30 through
10 p.m. on June 6, 2020 to allow for moving the firework barge into
place, conducting the display, and removal of the barge. The safety
zone would cover all navigable waters within 420 feet of the barge
located at mile 1.5 on the Gravois Arm of the Lake of the Ozarks 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 9:00 p.m. to 9:30 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 a firework display that impacts only a half mile stretch of
Lake of the Ozarks for one and a half hours.
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. 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
[[Page 20228]]
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
temporary safety zone lasting only one and a half hours on one day that
would prohibit entry within 420 feet of a firework barge. Normally such
actions are 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 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.T08-0201 to read as follows:
Sec. 165.T08-0201 Safety Zone; Lake of the Ozarks, Mile 1.5 on the
Gravois Arm of the Lake of the Ozarks, Lake Ozark, MO
(a) Location. The following area is a safety zone: Lake of the
Ozarks, Mile 1.5 on the Gravois Arm of the Lake of the Ozarks, Lake
Ozark, MO.
(b) Period of enforcement. This section is effective from 8:30 p.m.
through 10 p.m. on June 6, 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: April 6, 2020.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2020-07631 Filed 4-9-20; 8:45 am]
BILLING CODE 9110-04-P
