Rule2022-12325
Special Local Regulation; Lake of the Ozarks MM 1-6, Lake Ozark, MO
Primary source
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Published
June 8, 2022
Effective
June 10, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 110 (Wednesday, June 8, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#05567160756d646b6c602b572b486a6a776045707666622b686c69"><span class="__cf_email__" data-cfemail="13406776637b727d7a763d413d5e7c7c617653666070743d7e7a7f">[email protected]</span></a>.
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
[[Page 34781]]
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
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</html>Indexed from Federal Register on June 8, 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.