Proposed Rule2021-28509
Ozark National Scenic Riverways; Motorized Vessels
Primary source
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Published
January 5, 2022
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service proposes to amend special regulations governing the use of motorized vessels within Ozark National Scenic Riverways. The changes would allow the use of 60/40 horsepower motors in the middle sections of the Current and Jacks Fork Rivers. The proposed rule would establish seasonal closures in the upper sections of the rivers and limit the maximum horsepower of motorized vessels in other locations. These changes would be slight modifications to restrictions on motorized vessels that have been in place since 1991.
Full Text
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[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Proposed Rules]
[Pages 413-417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28509]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 /
Proposed Rules
[[Page 413]]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-OZAR-29687; PPMWOZARS0/PPMPSPD1Z.YM0000]
RIN 1024-AE62
Ozark National Scenic Riverways; Motorized Vessels
AGENCY: National Park Service, Interior
ACTION: Proposed rule.
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SUMMARY: The National Park Service proposes to amend special
regulations governing the use of motorized vessels within Ozark
National Scenic Riverways. The changes would allow the use of 60/40
horsepower motors in the middle sections of the Current and Jacks Fork
Rivers. The proposed rule would establish seasonal closures in the
upper sections of the rivers and limit the maximum horsepower of
motorized vessels in other locations. These changes would be slight
modifications to restrictions on motorized vessels that have been in
place since 1991.
DATES: Comments must be received by 11:59 p.m. EST on March 7, 2022.
ADDRESSES: You may submit comments, identified by the Regulation
Identifier Number (RIN) 1024-AE62, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Mail or Hand Deliver to: Superintendent, Ozark National
Scenic Riverways, 404 Watercress Drive, P.O. Box 490, Van Buren, MO
63965.
Instructions: Comments will not be accepted by fax, email, or in
any way other than those specified above. All submissions must include
the words ``National Park Service'' or ``NPS'' and must include the
docket number or RIN for this rulemaking (1024-AE62). Bulk comments in
any format (hard copy or electronic) submitted on behalf of others will
not be accepted. Comments received may be posted without change to
<a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Lindel Gregory, Chief Ranger, Ozark
National Scenic Riverways; (573) 323-4923; <a href="/cdn-cgi/l/email-protection#bfd3d6d1dbdad3e0d8cddad8d0cdc6ffd1cfcc91d8d0c9"><span class="__cf_email__" data-cfemail="5f3336313b3a3300382d3a38302d261f312f2c71383029">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Purpose and Significance of Ozark National Scenic Riverways
Congress established Ozark National Scenic Riverways (the
Riverways) in 1964 to conserve and interpret the scenic, natural,
scientific, ecological, and historic values and resources within the
Riverways, and to provide for public outdoor recreational use and
enjoyment of those resources. 16 U.S.C 460m. The Riverways includes
portions of the Current and Jacks Fork Rivers, encompassing 134 miles
of clear, free-flowing, spring-fed waterways. The impressive
hydrogeological character of the Riverways' karst landscape supports an
amazing variety of natural features, including a spring system
unparalleled in North America. The cave system is equally impressive
with one of the highest densities of caves in any unit of the National
Park System.
The Riverways lies within the Ozark Highlands, an important center
of biodiversity in North America. The Ozark Highlands are home to a
rich array of wildlife and plants, including endemic species that exist
nowhere else in the world. The Current and Jacks Fork Rivers have been
designated as Outstanding National Resource Waters in Missouri. The
Riverways features archeological and historic structures, landscapes,
and objects, reflecting ancient life in the Ozark Highlands. The
extraordinary resources of the Riverways provide outstanding
recreational opportunities and experiences on and along free-flowing
rivers.
Use of Motorized Vessels at the Riverways
One of the recreational opportunities at the Riverways is the use
of motorboats on the Current and Jacks Fork Rivers. When the Riverways
was created in 1964, the only outboard motorboats operating on the
rivers were conventional propeller-driven motors with elongated shafts.
The propellers of these motors could hit bottom in shallow water,
resulting in propeller damage. As a result, operators outfitted their
motors with a lever that would lift the propeller out of the water when
the vessel skimmed across shallow areas. This naturally limited the
size of most motorboats operating on the rivers to 20 horsepower (hp)
or less because heavier motors were too difficult to lift. The only
exception was the lower Current River that is broader and deeper than
the upper reaches of the Current and Jacks Fork Rivers. In this lower
section of the Current River, motorboats up to 40 hp could operate.
The status quo changed in 1976 when operators began to refit
outboard motors with jet propulsion systems that could operate in
inches of water. This eliminated the need to have the skills and
experience to lift the propeller out of shallow water. As a
consequence, the number of motorboats in the Riverways increased
dramatically. The smaller, traditional motor and shaft propellers were
replaced with large outboard jet motors, some exceeding 250 hp. These
larger motors generated greater speed (some in excess of 50 mph) and
larger wakes, and required more space to operate. This resulted in
safety concerns and conflicts with other users of the rivers, including
canoers, tube floaters, swimmers, and anglers.
In order to address these concerns, in 1991 the NPS revised the
special regulations for the Riverways at 36 CFR 7.83(a) to designate
zones for motorboat operation, restrict horsepower, and limit the use
of motorboats during certain seasons (56 FR 30694). The use of
motorboats was also limited to vessels equipped with outboard motors.
The nature of the shallow, narrow rivers precludes the safe use of
inboard motors. These motors are capable of much greater speeds but
need more water depth to operate due to increased weight.
Motor boating continues to be a popular activity and means of
travel on the Current and Jacks Fork Rivers. Visitors use motorboats to
access fishing areas, cruise the river, and enjoy scenic views. Despite
the existing regulations that manage motorboats within the Riverways,
there are concerns about motorboats in certain sections of river. One
concern is the effect of noise on
[[Page 414]]
visitors seeking a quiet experience. Another concern arises during the
summer, when the number of motorboats on the rivers pose a safety
hazard due to conflicts between different user groups competing for the
same resources. Many access points along the rivers have become popular
for concessioners and private individuals to launch nonmotorized
watercraft, such as tubes, rafts, canoes, and kayaks. Often, groups of
visitors seeking motorized and nonmotorized access enter the river at
the same time and place, which can lead to congestion and conflicts.
Once in the water, people in tubes, rafts, kayaks, and canoes can be
overwhelmed by the wake of motorized vessels. Over the past 20 years,
the number of visitors using nonmotorized vessels on the rivers has
steadily increased. If this number continues to increase, so too will
crowding and conflicts among user groups.
Proposed Rule
Summary
This proposed rule would help accommodate a variety of desired
river conditions and recreational uses, promote high quality visitor
experiences, promote visitor safety, and minimize conflicts among
different user groups. It would do this by making the following changes
to existing regulations.
Measuring Horsepower
Existing regulations, established in 1991, limit the horsepower of
motorized vessels for the purpose of limiting the size and speed of
motorized vessels to help ensure a safe and enjoyable experience for
all types of visitors. Larger motors generate greater speed, larger
wakes, and require more space in proportion to their speed. The very
nature of the shallow, narrow rivers, and channel and flow
characteristics preclude the safe operation and navigation of oversized
motorboats around obstacles and other users in certain sections of the
Current and Jacks Fork Rivers. Various combinations of channel depth
and stream velocity sometimes require boaters to maintain sufficient
momentum to get across the shallows, and into deeper waters, which
poses a particular safety hazard to other visitors such as floaters and
swimmers. Additionally, most boats used on the Current and Jacks Forks
Rivers are not equipped with speedometers and are therefore unable to
gauge their own speeds. Further, depending on whether a boat is
traveling downstream or upstream, speedometers may not accurately gauge
speed of travel. For these reasons, horsepower limits on outboard
motors are the most effective means to ensure safety and achieve
compliance.
Horsepower can be measured at the engine powerhead and at the final
output. These measurements are virtually the same for outboard motors
equipped with propellers. For motors equipped with jet propulsion
systems, horsepower is approximately 30 percent less at the final
output than at the powerhead. For purposes of complying with the
horsepower limits, the existing regulations state that horsepower will
be based upon power output at the propeller shaft as established by the
manufacturer. 36 CFR 7.83(a)(2). This method of measuring power works
well for motors with propellers that have not be modified to change
final power output. This method is problematic, however, for motors
that were manufactured with propellers but then retrofitted with jet
propulsion systems that lower the final power output below the maximum
horsepower that was established by the manufacturer at the propeller
shaft. These types of motors are popular with visitors to the Riverways
because they can operate in shallow waters and enable the use of longer
and wider boats capable of transporting four or more adults against the
current of the rivers. The problem is that the existing regulations
prohibit many of these motors even though they have a final power
output less than or equal to the maximum horsepower that the NPS has
determined is appropriate. In this way, the regulations are
overinclusive.
For example, the existing regulations prohibit the use of motors
that exceed 40 hp in the middle sections of the Current and Jacks Fork
Rivers. 36 CFR 7.83(a)(3)(i). The most popular type of motors in these
sections are known as 60/40 hp motors. This indicates that the motors
produce 60 hp at the powerhead but only 40 hp at the final output
because they are equipped with a jet propulsion system. Some of these
motors were manufactured with propellers and rated at 60 hp by the
manufacturer, only to be retrofitted with jets. Others were
manufactured with jet propulsion systems and for this reason could be
rated at either 60 hp or 40 hp depending upon where the manufacturer
measured the power. Under the existing regulations, retrofitted motors
rated by the manufacturer at 60 hp are prohibited even though they now
only have 40 hp of usable power. The method of measurement in the
existing regulations is impracticable for vessels manufactured with jet
propulsion systems because there was never a propeller shaft. In order
to address this unintended outcome, the NPS has allowed 60/40 hp motors
in the Riverways since 1999 under a Superintendent's memorandum.
This proposed rule would officially allow these popular motors in
the middle sections of river. The proposed rule would clarify that, for
purposes of complying with the regulations, maximum horsepower means
the maximum horsepower produced by the engine's powerhead.\1\ The
proposed rule would state that this measurement may be different than
the maximum power measured at the final output or the maximum power
rated by the manufacturer. The proposed rule would then add tables that
include maximum horsepower limits on each river that differ depending
upon whether the motor has a jet propulsion system or a propeller. For
the middle sections, 60 hp would be allowed for jet motors but only 40
hp would be allowed for propeller motors.
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\1\ This is consistent with the International Council of Marine
Industry Association's Standard 28-83.
---------------------------------------------------------------------------
In the upper sections of the rivers, existing regulations prohibit
the use of motors that exceed 25 hp measured at the propeller shaft by
the manufacturer. 36 CFR 7.83(a)(3)(ii). In practice, the NPS has
allowed 25 hp motors in the upper sections only if they are equipped
with jet propulsion systems that lower the effective horsepower to 18
hp at the final output. The narrow and shallow nature of the upper
sections make motors with more powerful outputs unsafe throughout the
year. The proposed rule would change the regulations to be consistent
with this practice by allowing 25 hp motors with an attached jet unit
and 18 hp motors fitted with a propeller.
Seasonal Closures on the Upper Sections of River
Existing regulations allow 10 hp motors in the upper section of the
Current River from May 1 through September 15, and in the upper section
on the Jacks Fork river from March 1 to the Saturday before Memorial
Day. 36 CFR 7.83(a)(3)(iii)-(iv). This proposed rule would prohibit
motorized vessels in these sections during peak season. This would
include vessels using only a trolling motor. This closure would apply
to the full extent of the upper sections of each river, from the
northern boundary downstream to Round Spring on the Current River, and
from the western boundary downstream to the boundary at West Eminence
on the Jacks
[[Page 415]]
Fork River. Existing regulations apply the seasonal 10 hp limit above
Akers Ferry on the Current River and above Bay Creek on the Jacks Fork
River, even though during off-peak seasons the 25 hp limits on the
upper sections of each river apply downstream to Round Spring on the
Current River, and from the western boundary downstream to the boundary
at West Eminence on the Jacks Fork River.
Peak season would be defined as beginning on the day after the last
day of beaver trapping season (usually around April 1) and ending on
the day before the first day of gigging season for nongame fish
(usually around September 15). These dates are determined annually by
the Missouri Department of Conservation. Defining peak season in this
manner, rather than using fixed dates, would allow visitors to use
motorboats for lawful trapping and gigging activities without
interfering with nonmotorized vessels (e.g., tubes, rafts, kayaks and
canoes) when they are most popular. These upper sections of river are
very narrow and shallow and do not receive heavy use from motorized
vessels even during trapping and gigging seasons. A nonmotorized season
would provide opportunities for solitude and connection with nature
that are not currently available during weekends and holidays in the
summer. Visitors would be able to intimately experience conditions
reminiscent of those that existed when the Riverways was established.
The seasonal closures would also eliminate safety concerns and
conflicts that arise when motorized and nonmotorized user groups are
both present in these areas.
Maximum Horsepower Limit on the Lower Section of River
Existing regulations do not impose a horsepower limit on the lower
section of the Current River. The proposed rule would establish new
horsepower limits in this section. The proposed rule would allow motors
with propellers up to 105 hp. For the same reason that 60 hp motors
would be allowed in the middle sections of the Current and Jacks Fork
Rivers if they are equipped with jet propulsion systems, the proposed
rule would allow 150 hp motors in the lower section of the Current
River if they are similarly equipped. These limits are higher than the
limits that would apply in the upper and middle sections of the rivers
because the river below Big Spring is much broader and deeper.
Currently, vessels with 225-300 hp motors are operating in this section
of river. Motors such as these that are larger than the proposed limits
of 150/105 hp generate greater speed (some in excess of 50 mph), larger
wakes, and require more space to operate. This results in serious
safety concerns and conflicts with other users of the river, including
canoers, tube floaters, swimmers, and anglers.
Other Changes
The proposed rule would revise Sec. 7.83(a)(1) of the existing
special regulations to clarify that only motorized vessels with one
outboard motor are allowed in the Riverways. The proposed rule would
clarify that the motor count does not include electric trolling motors,
which could accompany a vessel with a single outboard motor. For
clarity, the revisions would define the terms ``inboard motor'' and
``outboard motor'' and state that the use of inboard engines and
personal watercraft are prohibited.
The proposed rule would allow the Superintendent to issue a permit
for the operation of vessels with motors more powerful than the
horsepower limits established by the proposed rule. This would allow
the Superintendent to make exceptions in limited circumstances, such as
when the NPS issues permits to the Missouri Department of Fish and Game
for research activities on the rivers that, for safety or other
reasons, require more power than is allowed by the proposed rule.
The proposed rule would also include a provision establishing the
Superintendent's authority to restrict or impose conditions on the use
of motorized vessels, or close any portion of the Riverways to
motorized vessels, after taking into consideration public safety,
protection or park resources, weather conditions and park management
objectives, provided public notice is given using one or more of the
methods identified in 36 CFR 1.7. This would clarify the
Superintendent's authority to respond to emerging technologies or other
unforeseen circumstances in order to help maintain a safe and enjoyable
experience for visitors to the Riverways.
Notice of Horsepower Restrictions
Maps indicating the horsepower limits in the various portions of
the rivers would be located at Riverways headquarters in Van Buren, MO
and on the Riverways' website (<a href="http://www.nps.gov/ozar">www.nps.gov/ozar</a>). The Superintendent
would notify the public of the start and end dates for peak season
through one or more of the methods listed in 36 CFR 1.7. The proposed
rule would also add a table to the special regulations that identifies
each section of river and the applicable horsepower restrictions for
that section during peak and non-peak seasons.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this proposed
rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. The NPS has developed this
proposed rule in a manner consistent with these requirements.
Regulatory Flexibility Act (RFA)
This proposed rule will not have a significant economic effect on a
substantial number of small entities under the RFA (5 U.S.C. 601 et
seq.). This certification is based on the cost-benefit and regulatory
flexibility analyses found in the report entitled ``Draft Cost-Benefit
and Regulatory Flexibility Threshold Analyses: Proposed Special
Regulations Governing the Use of Motorized Vessels within Ozark
National Scenic Riverways'' that can be found on the Riverways'
planning website at <a href="http://parkplanning.nps.gov/ozar">http://parkplanning.nps.gov/ozar</a>, by clicking the
link entitled ``Archived Projects,'' and the clicking on the link
entitled ``General Management Plan, Wilderness Study, Environmental
Impact Statement'' and then clicking the link entitled ``Document
List.''
Congressional Review Act (CRA)
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
CRA. This proposed rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers,
[[Page 416]]
individual industries, federal, state, or local government agencies, or
geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act (UMRA)
This proposed rule does not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The proposed rule does not have a significant or
unique effect on state, local or tribal governments or the private
sector. It addresses public use of NPS-administered waters, and imposes
no requirements on other agencies or governments. A statement
containing the information required by the UMRA (2 U.S.C. 1531 et seq.)
is not required.
Takings (Executive Order 12630)
This proposed rule does not affect a taking of private property or
otherwise have taking implications under Executive Order 12630. Access
to private property adjacent to the recreation area will not be
affected by this proposed rule. A takings implication assessment is not
required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this
proposed rule does not have sufficient federalism implications to
warrant the preparation of a Federalism summary impact statement. The
proposed rule is limited in effect to federal lands managed by the NPS
and would not have a substantial direct effect on state and local
government. A Federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This proposed rule complies with the requirements of Executive
Order 12988. Specifically, this proposed rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This proposed rule does not contain any new collections of
information that require approval by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act. An agency may not
conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act of 1969 (NEPA)
The proposed rule would implement a portion of the preferred
alternative (Alternative B) for the Riverways described in the Final
General Management Plan/Wilderness Study/Environmental Impact Statement
(GMP/EIS), which constitutes a major Federal action significantly
affecting the quality of the human environment. The NPS prepared the
GMP/EIS under the NEPA. The NPS released a Draft GMP/EIS that was
available for public review and comment from November 8, 2013 through
February 7, 2014. The NPS released the final GMP/EIS in December 2014.
On January 22, 2015, the Regional Director of the Department of the
Interior Unified Regions 3, 4, and 5 (formerly the Midwest Region)
signed a Record of Decision (ROD) identifying the preferred alternative
as the selected action. The GMP/EIS describes the purpose and need for
the plan, the alternatives considered, the scoping process and public
participation, the affected environment and environmental consequences,
and consultation and coordination. Copies of the GMP/EIS and ROD can be
found on the Riverways' planning website at <a href="http://parkplanning.nps.gov/ozar">http://parkplanning.nps.gov/ozar</a>, by clicking the link entitled ``Archived
Projects,'' and the clicking on the link entitled ``General Management
Plan, Wilderness Study, Environmental Impact Statement'' and then
clicking the link entitled ``Document List.''
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. The NPS has evaluated
this proposed rule under the Department's consultation policy and under
the criteria in Executive Order 13175 and has determined that it has no
substantial direct effects on federally recognized Indian tribes and
that consultation under the Department's tribal consultation policy is
not required.
The NPS consulted with culturally affiliated American Indian tribes
on the development of the GMP/EIS, including meetings in Oklahoma and
Missouri in 2003, 2006, 2010. The NPS invited all tribal
representatives to visit the Riverways and to actively participate in
the GMP/EIS planning process. As part of ongoing government-to-
government relations, NPS staff will continue to consult with
affiliated tribes about planning and other actions in the Riverways
that could affect the tribes. NPS staff will further consult with
regard to specific actions and undertakings arising from the GMP/EIS
that are proposed for future implementation. When appropriate, NPS
staff provide technical assistance to the tribes, including sharing
information and resources, to address problems and issues of mutual
concern.
Effects on the Energy Supply (Executive Order 13211)
This proposed rule is not a significant energy action under the
definition in Executive Order 13211. The proposed rule is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy, and the Administrator of OIRA has not designated the
proposed rule as a significant energy action. A Statement of Energy
Effects is not required.
Clarity of This Proposed Rule
The NPS is required by Executive Orders 12866 (section 1(b)(12)),
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each proposed rule the NPS publishes must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that the NPS has not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section above.
To better help us revise the proposed rule, your comments should be as
specific as possible. For example, you should tell us the numbers of
the sections or paragraphs that you find unclear, which sections or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your
[[Page 417]]
personal identifying information--may be made publicly available at any
time.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.
0
2. In Sec. 7.83:
0
a. Redesignate paragraphs (a), (b), (c), (d) and (e) as paragraphs (b),
(c), (d), (e) and (f).
0
b. Add a new paragraph (a).
0
c. Revise newly designated paragraph (b) to read as follows:
Sec. 7.83 Ozark National Scenic Riverways.
(a) Definitions. The following definitions apply to this section
only:
Inboard motor means a marine propulsion system that is enclosed
within the hull of the vessel.
Maximum horsepower means the maximum horsepower produced by the
engine's powerhead. This measurement may be different than the maximum
horsepower at the final output or the maximum horsepower rated by the
manufacturer.
Off-peak season means anytime that is not during peak season.
Outboard motor means a marine propulsion system that is mounted on
the exterior of the vessel's hull.
Peak season means a period of time:
(i) Beginning on the day after the last day of beaver trapping
season, as determined by the Missouri Department of Conservation; and
(ii) Ending on the day before the first day of gigging season for
nongame fish, as determined by the Missouri Department of Conservation.
(b) Restrictions for motorized vessels. (1) On waters situated
within the boundaries of Ozark National Scenic Riverways, the use of
motorized vessels is limited to vessels equipped with one outboard
motor, not including an electric trolling motor. The use of inboard
engines and personal watercraft are prohibited.
(2) The use of a motorized vessel is allowed on the Current River
according to the seasonal restrictions and maximum horsepower limits
set forth in Table 1 to paragraph (b)(2).
Table 1 to Paragraph (b)(2)
------------------------------------------------------------------------
Maximum horsepower
Section of river Maximum horsepower during off-peak
during peak season season
------------------------------------------------------------------------
Current River:
Upper Section: Northern Motorized vessels 25 hp (motor with
boundary downstream to prohibited. jet unit); 18 hp
Round Spring. (motor with
propeller).
Middle Section: Round Spring 60 hp (motor with 60 hp (motor with
downstream to Big Spring. jet unit); 40 hp jet unit); 40 hp
(motor with (motor with
propeller). propeller).
Lower Section: Big Spring 150 hp (motor with 150 hp (motor with
downstream to southern jet unit); 105 hp jet unit); 105 hp
boundary. (motor with (motor with
propeller). propeller).
------------------------------------------------------------------------
(3) The use of a motorized vessel is allowed on the Jacks Fork
River according to the seasonal restrictions and maximum horsepower
limits set forth in Table 1 to paragraph (b)(3):
Table 1 to Paragraph (b)(3)
------------------------------------------------------------------------
Maximum horsepower
Section of river Maximum horsepower during off-peak
during peak season season
------------------------------------------------------------------------
Jacks Fork River:
Upper Section: Western Motorized vessels 25 hp (motor with
boundary downstream to the prohibited. jet unit); 18 hp
boundary at West Eminence. (motor with
propeller).
Middle Section: Boundary at 60 hp (motor with 60 hp (motor with
East Eminence downstream to jet unit); 40 hp jet unit); 40 hp
Two Rivers. (motor with (motor with
propeller). propeller).
------------------------------------------------------------------------
(4) The maximum horsepower limits in this section may be exceeded
pursuant to a written permit issued by the Superintendent.
(5) Maps indicating the horsepower limits in the various portions
of the rivers are located at park headquarters in Van Buren, MO and on
the Ozark National Scenic Riverways website. Designated access points
will mark the boundaries of the upper, middle, and lower sections of
river. The Superintendent will notify the public of the designated
access points through one or more of the methods listed in Sec. 1.7 of
this chapter.
(6) Operating a motorized vessel in a manner not allowed by this
paragraph (b) is prohibited.
(7) The Superintendent may restrict or impose conditions on the use
of motorized vessels, or close any portion of the Riverways to
motorized vessels, after taking into consideration public safety,
protection or park resources, weather conditions and park management
objectives. The Superintendent will provide notice of any such action
by one or more of the methods listed in Sec. 1.7(a) of this chapter.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2021-28509 Filed 1-4-22; 8:45 am]
BILLING CODE 4312-EJ-P
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</html>Indexed from Federal Register on January 5, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.