[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34779-34781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12325]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0444]
RIN 1625-AA08


Special Local Regulation; Lake of the Ozarks MM 1-6, Lake Ozark, 
MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
the navigable waters of the Lake of the Ozarks within a 50-yard radius 
of all vessels participating in a boat parade starting at the foremost 
vessel in the World's Largest Parade marine event and extending to the 
last vessel in the parade. This special local regulation will follow 
the vessels until the parade's conclusion. The special local regulation 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by the gathering of participant vessels 
during the Parade. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Upper Mississippi River.

DATES: This rule is effective from 10:30 a.m. through 1 p.m. June 10, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0444 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 Lieutenant Commander Stephanie Moore, 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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to

[[Page 34780]]

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. Sector Upper Mississippi River 
received the marine event application on May 25, 2022, prompting the 
creation of this rule due to the nature of the event. We must establish 
this special local regulation immediately 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 this rule 
would be contrary to public safety due to potential hazards for 
participants of the event and those transiting in the area around it.

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 this marine parade will be a safety concern for anyone 
operating or transiting within the lake of the Ozarks from MM 6 through 
MM 1. This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the special local regulation 
while the parade is occurring.

IV. Discussion of the Rule

    The World's Largest Boat Parade is a gathering of over 1000 boats 
in an attempt to break a world record for the largest parade. It will 
occur on June 10, 2022 from 10:30 a.m. until 1 p.m. on the Lake of the 
Ozarks from MM 6 through MM 1. This special local regulation is a 
moving limited access area that follows the participants of the parade 
as they transit the parade route between MM 6 through MM 1. All 
spectator vessels and vessels not participating in this parade will not 
be allowed to transit within a 50 yard radius surrounding the area that 
includes vessels at the front of the parade extending to the vessels 
transiting at the end of the parade. Vessels other than those directly 
involved in the event will only be allowed to safely transit the 
regulated area when the Coast Guard Patrol Commander has deemed it safe 
to do so.
    No vessel or person will be permitted to enter the area 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 (USCG) assigned to units under the operational 
control of USCG Sector Upper Mississippi River. 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 area must comply with 
all lawful orders or directions issued by the COTP or designated 
representative. The COTP or a designated representative will inform the 
public of the effective period for the special local regulation as well 
as any changes in the dates and times of enforcement, as well as 
reductions in size of the safety zone as conditions improve, 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.

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 a special local 
regulation located on the Lake of the Ozarks at MM 6 through MM 1. The 
regulation is expected to be active only during the hours of 10:30 a.m. 
to 1:00 p.m. on June 10, 2022.

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 
special local regulation area 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

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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 special local 
regulation is a moving limited access area that follows the 
participants of the parade as they transit the parade route between MM 
6 through MM 1. All spectator vessels and vessels not participating in 
this parade will not be allowed to transit within a 50 yard radius 
surrounding the area that includes vessels at the front of the parade 
extending to the vessels transiting at the end of the parade. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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 100

    Marine Safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C 70041; 33 CFR1.05-1.


0
2. Add Sec.  100.T08-0444 to read as follows:


Sec.  100.T08-0444  Special Local Regulation; Lake of the Ozarks MM 1-
6, Lake Ozark, MO.

    (a) Regulated areas. All waters on the Lake of the Ozarks within MM 
6 through MM 1.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Captain of the Port Sector Upper Mississippi 
River (COTP).
    (2) Participant means all persons and vessels participating in The 
World's Largest Boat Parade under the auspices of the Marine Event 
Permit issued to the sponsor approved by the COTP.
    (3) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol who are present on the 
water to observe the event.
    (c) Special local regulations. (1) The World's Largest Boat Parade 
will occur on June 10, 2022 from 10:30 a.m. through 1 p.m. on the Lake 
of the Ozarks from MM 6 through MM 1. This special local regulation is 
a moving limited access area that follows the participants of the 
parade as they transit the parade route between MM 6 through MM 1. All 
spectator vessels and vessels not participating in this parade will not 
be allowed to transit within a 50 yard radius surrounding the area that 
includes vessels at the front of the parade extending to the vessels 
transiting at the end of the parade. Vessels other than spectator 
vessels and those directly involved in the event will only be allowed 
to safely transit the regulated area when the Coast Guard Patrol 
Commander has deemed it safe to do so. No vessel or person will be 
permitted to enter the area without obtaining permission from the COTP 
or a designated representative.
    (2) The Coast Guard Patrol Commander may forbid and control the 
movement of all vessels and persons in the regulated area. When hailed 
or signaled by an official patrol vessel, a vessel or person in the 
regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the area, citation for 
failure to comply, or both.
    (3) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property.
    (4) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (5) Only participants and official patrol vessels are allowed to 
enter the parade route area.

    Dated: June 3, 2022.
R.M. Scott,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2022-12325 Filed 6-7-22; 8:45 am]
BILLING CODE 9110-04-P


