[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28489-28491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11242]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0260]
RIN 1625-AA00


Safety Zone; Lake of the Ozarks, Mile Marker 1 Approximately 500 
Feet of the Bagnell Dam, Lake of the Ozarks, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Lake of the Ozarks at mile marker 1 
approximately 500 feet southwest of the Bagnell Dam. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by a fireworks display. Entry of vessels or 
persons into this 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 May 29, 2021 at 8:45 p.m. through 
8:30 p.m. on September 4, 2021. This rule will be enforced on May 29, 
2021 at 8:45 p.m. through 9:15 p.m., June 4. 2021 at 8:45 p.m. through 
9:15 p.m., June 19, 2021 at 8:45 p.m. through 9:15 p.m., July 4, 2021 
at 9:15 p.m. through 9:45 p.m., July 17, 2021 at 9 p.m. through 9:30 
p.m., July 24, 2021 at 9:15 p.m. through 9:45 p.m., July 31, 2021 at 
9:15 p.m. to 9:45 p.m., August 7, 2021 at 9:15 p.m. through 9:45 p.m., 
August 14, 2021 at 9:15 p.m. through 9:45 p.m., August 25, 2021 at 9:15 
p.m. through 9:45 p.m., and September 4, 2021 at 8 p.m. through 8:30 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0260 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 Stephanie Moore, Sector Upper 
Mississippi River Waterways Management Division, U.S. Coast Guard; 
telephone 314-269-2560, email Stephanie.R.Moore@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
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 it is impracticable. We must 
establish this safety zone by May 29, 2021 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.

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 a fireworks display on May 29, 2021 will be a safety 
concern for anyone on the Lake of the Ozarks between Mile Marker (MM) 
.75 to 1. This rule resulted from a marine event notification stating 
that there will be a fireworks display to celebrate summertime on the 
Lake of the Ozarks. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone before, during, and after the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone on May 29, 2021 at 8:45 p.m. 
through 9:15 p.m., June 4, 2021 at 8:45 p.m. through 9:15 p.m., June 
19, 2021 at 8:45 p.m. through 9:15 p.m., July 4, 2021 at 9:15 p.m. 
through 9:45 p.m., July 17, 2021 at 9 p.m. through 9:30 p.m., July 24, 
2021 at 9:15 p.m. through 9:45 p.m., July 31, 2021 at 9:15 p.m. through 
9:45 p.m., August 7, 2021 at 9:15 p.m. through 9:45 p.m., August 14, 
2021 at 9:15 p.m. through 9:45 p.m., August 25, 2021 at 9:15 p.m. 
through 9:45 p.m., and September 4, 2021 at 8:00 p.m. through 8:30 p.m. 
The safety zone will cover all navigable waters of the Lake of the 
Ozarks at mile marker 1 approximately 500 feet southwest of the Bagnell 
Dam. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters before, 
during, and after a fireworks display. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the 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. 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.

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 Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration of the temporary safety zone. This action 
involves a fireworks display that impacts a one half mile stretch of 
the Lake of the Ozarks on May 29, 2021 at 8:45 p.m. through 9:15 p.m., 
June 4,

[[Page 28490]]

2021 at 8:45 p.m. through 9:15 p.m., June 19, 2021 at 8:45 p.m. through 
9:15 p.m., July 4, 2021 at 9:15 p.m. through 9:45 p.m., July 17, 2021 
at 9 p.m. through 9:30 p.m., July 24, 2021 at 9:15 p.m. through 9:45 
p.m., July 31, 2021 at 9:15 p.m. through 9:45 p.m., August 7, 2021 at 
9:15 p.m. to 9:45 p.m., August 14, 2021 at 9:15 p.m. to 9:45 p.m., 
August 25, 2021 at 9:15 p.m. to 9:45 p.m., and September 4, 2021 at 8 
p.m. through 8:30 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.
    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 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 thirty minutes that will prohibit entry on the Lake 
of the Ozarks between MM .75 and MM 1, extending 500 feet from the 
right decending bank. It is categorically excluded from further review 
under paragraph L60, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 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.T08-0707 to read as follows:


Sec.  165.T08-0707  Safety Zone; Lake of the Ozarks, Mile Markers .5 to 
1, Lake of the Ozarks, MO

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lake of the Ozarks at mile marker 1 approximately 500 
feet southwest of the Bagnell Dam.
    (b) Period of enforcement. May 29, 2021 at 8:45 p.m. through 9:15 
p.m., June 4. 2021 at 8:45 p.m. through 9:15 p.m., June 19, 2021 at 
8:45 p.m. to 9:15 p.m., July 4, 2021 at 9:15 p.m. through 9:45 p.m., 
July 17, 2021 at 9 p.m. through 9:30 p.m., July 24, 2021 at 9:15 p.m. 
to 9:45 p.m., July 31, 2021 at 9:15 p.m. through 9:45 p.m., August 7, 
2021 at 9:15 p.m. to 9:45 p.m., August 14, 2021 at 9:15 p.m. to 9:45 
p.m., August 25, 2021 at 9:15 p.m. through 9:45 p.m., and September 4, 
2021 at 8:00 p.m. through 8:30 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, persons and vessels are prohibited from entering the 
safety zone unless

[[Page 28491]]

authorized by the Captain of the Port Sector Upper Mississippi River 
(COTP) or a designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Upper 
Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF radio Channel 16 or by 
telephone at 314-269-2332.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative while 
navigating in the regulated area.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement date and times 
for this safety zone, as well as any emergent safety concerns that may 
delay the enforcement of the zone through Broadcast Notice to Mariners 
(BNM) and or Local Notices to Mariners (LNMs).

R.M. Scott
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2021-11242 Filed 5-26-21; 8:45 am]
BILLING CODE 9110-04-P


