Safety Zone; Lake of the Ozarks, Mile Marker 8, Lake Ozark, MO, 58104-58106 [2023-18372]
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58104
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
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 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.
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.
ddrumheller on DSK120RN23PROD with RULES1
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has 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
promulgates the operating regulations or
procedures for drawbridges. Normally
such actions are categorically excluded
from further review, under paragraph
L49, of Chapter 3, Table 3–1 of the U.S.
Coast Guard Environmental Planning
Implementation Procedures.
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16:25 Aug 24, 2023
Jkt 259001
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
VI. Public Participation and Request for
Comments
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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 DecisionMaking Portal at https://
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2022–0891 in the search box and
click ‘‘Search.’’ Next, look for this
document in the ‘‘Search Results’’
column, and click on it. Then click on
the ‘‘Comment’’ option. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
To view documents mentioned in this
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the rule. We may choose not to post offtopic, inappropriate, or duplicate
comments that we receive. Additionally,
if you click on the ‘‘Dockets’’ tab and
then the rule, you should see a
‘‘Subscribe’’ option for email alerts.
Selecting this option will enable
notifications when comments are
posted, or if/when a final rule is
published.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
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1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and DHS Delegation No. 00170.1, Revision
No. 01.3.
§ 117.800
■
■
[Stayed]
2. Stay § 117.800.
3. Add § 117.T800 to read as follows:
§ 117.T800 Mill
Neck Creek.
The draw shall operate on single leaf
operations from August 25, 2023, to
11:59 p.m. on January 31, 2024.
Dated: August 20, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–18324 Filed 8–24–23; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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://
SUMMARY:
E:\FR\FM\25AUR1.SGM
25AUR1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
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
Nathaniel.D.Dibley@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
ddrumheller on DSK120RN23PROD with RULES1
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
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16:25 Aug 24, 2023
Jkt 259001
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.
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58105
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
E:\FR\FM\25AUR1.SGM
25AUR1
58106
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
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.
ddrumheller on DSK120RN23PROD with RULES1
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
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16:25 Aug 24, 2023
Jkt 259001
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, 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.
2. Add § 165.T08–0572 to read as
follows:
■
§ 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 § 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.
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Frm 00042
Fmt 4700
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(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]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0640]
RIN 1625–AA00
Safety Zone; Lake Erie, Black River,
Lorain, OH, South of East Erie Avenue
Bridge Adjacent to Black River
Landing
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard will be
establishing a temporary safety zone for
certain waters of Lake Erie. This action
is necessary to provide for the safety of
life on waters of the Black River, a
tributary of Lake Erie, during the
Cleveland Dragon Boat Festival. This
rulemaking would prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Buffalo or a designated
representative.
SUMMARY:
This rule is effective from 7:45
a.m. through 5:15 p.m. on September 10,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0640 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email Lieutenant Jared Stevens,
Waterways Management Division, MSU
Cleveland, U.S. Coast Guard; telephone
216–937–0124, email Jared.M.Stevens@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 9110-04-P
