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, 34641-34643 [2020-10912]
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
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
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.
2. Add § 165.T11–019 to read as
follows:
■
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§ 165.T11–019 Safety Zone; Highway 99
Partial Bridge Replacement, Stanislaus
River, Ripon, CA.
(a) Location. The following is a safety
zone: The navigable waters of the
Stanislaus River, from surface to bottom,
between the Union Pacific Railway
Bridge to the west and the Stanislaus
River pedestrian crossing bridge to the
east of the Highway 99 Ripon Bridge,
within the area formed by connecting
the following approximate latitude and
longitude points in the following order:
37°43′47.7″ N, 121°06′36.0″ W, thence to
37°43′49.9″ N, 121°06′38.6″ W, thence to
37°43′51.3″ N, 121°06′36.1″ W, thence to
37°43′49.2″ N, 121°06′33.6″ W (NAD
83), and thence to the point of
beginning; or as announced via
Broadcast Notice to Mariners.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B 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.
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(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone through the 24-hour
Command Center at telephone (415)
399–3547.
(d) Enforcement period. This section
will be enforced from June 15, 2020
through November 7, 2020.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
enforced in accordance with 33 CFR
165.7. Additionally, signage will be
posted beginning 30 days prior to the
start of the project and will remain
posted for the duration of the project.
River markers will be provided on the
Stanislaus River on each side of the
safety zone to direct mariners.
Dated: May 14, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2020–11055 Filed 6–5–20; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
SUMMARY:
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34641
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 Christian.J.Barger@uscg.mil.
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
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
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
respond to the potential safety hazards
associated with the fireworks displays.
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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
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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
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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
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
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.
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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.
VerDate Sep<11>2014
18:41 Jun 05, 2020
Jkt 250001
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
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.
2. Add § 165.T08–0067 to read as
follows:
■
§ 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 § 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
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34643
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Parts 207 and 326
RIN 0710–AB13
Civil Monetary Penalty Inflation
Adjustment Rule
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The U.S. Army Corps of
Engineers (Corps) is issuing this final
rule to adjust its civil monetary
penalties (CMP) under the Rivers and
Harbors Appropriation Act of 1922, the
Clean Water Act (CWA) and the
National Fishing Enhancement Act to
account for inflation.
DATES: This final rule is effective on
June 8, 2020.
FOR FURTHER INFORMATION CONTACT: For
the Navigation portion, please contact
Mr. Paul Clouse at 202–761–4709 or by
email at Paul.D.Clouse@usace.army.mil
or for the CWA portion, Ms. Karen
Mulligan at 202–761–4664 or by email
at karen.mulligan@usace.army.mil or
access the U.S. Army Corps of Engineers
Regulatory Home Page at https://
www.usace.army.mil/Missions/
CivilWorks/RegulatoryProgramand
Permits.aspx.
SUMMARY:
The
Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (28 U.S.C. 2461,
note), as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, April 26, 1996,
and further amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Inflation
Adjustment Act), Public Law 114–74,
November 2, 2015, required agencies to
annually adjust the level of CMP for
inflation to improve their effectiveness
and maintain their deterrent effect.
With this rule, the new statutory
maximum penalty levels listed in Table
1 will apply to all statutory civil
penalties assessed on or after the
effective date of this rule. Table 1 shows
the calculation of the 2020 annual
inflation adjustment based on the
guidance provided by the Office of
Management and Budget (OMB) (see
December 16, 2019, Memorandum for
the Heads of Executive Departments and
Agencies, Subject: Implementation of
Penalty Inflation Adjustments for 2020,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015). The OMB provided to
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 34641-34643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10912]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 34642]]
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 34643]]
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
