Rule2024-10902
Safety Zone; Lake of the Ozarks Mile Marker 0.1-0.3, Lake of the Ozarks, MO
Primary source
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Published
May 17, 2024
Effective
May 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters of the Lake of the Ozarks at mile marker 0.1 to mile marker 0.3. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a series of fireworks displays. 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.
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43318-43319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10902]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0321]
RIN 1625-AA00
Safety Zone; Lake of the Ozarks Mile Marker 0.1-0.3, 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 0.1 to
mile marker 0.3. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by a
series of fireworks displays. 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 25, 2024 through December 31,
2024.
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-
2024-0321 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 about this rule,
call or email MST1 Benjamin Conger, Sector Upper Mississippi River
Waterways Management Division, U.S. Coast Guard; telephone 314-269-
2573, email <a href="/cdn-cgi/l/email-protection#0240676c68636f6b6c2c462c416d6c65677042777161652c6f6b6e"><span class="__cf_email__" data-cfemail="cd8fa8a3a7aca0a4a3e389e38ea2a3aaa8bf8db8beaeaae3a0a4a1">[email protected]</span></a>.
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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' 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
and contrary to the public interest. It is impracticable and contrary
to the public interest to publish an NPRM because we must establish
this safety zone by May 25, 2024 and lack sufficient time to provide a
reasonable comment period and consider those comments before issuing
the rule. We must establish the safety zone by May 25, 2024 to guard
against potential safety hazards associated with this series of
fireworks displays. Potential safety hazards include the accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris.
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 impracticable and contrary to the public interest
because immediate action is needed to protect against potential hazards
from this series of fireworks displays beginning May 25, 2024.
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 Celebrations
Cruise fireworks, on May 25, June 15, July 5, July 6, July 13, July 20,
July 27, August 3, August 10, August 17, August 24, August 31, and
December 31, 2024, 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 displays.
IV. Discussion of the Rule
This rule establishes a safety zone from May 25 through December
31, 2024. The zone will be enforced from 9:30 p.m. until 10:00 p.m. on
each of the following days in 2024: May 25, June 15, July 5, July 6,
July 13, July 20, July 27, August 3, August 10, August 17, August 24,
August 31, and December 31. The safety zone will cover all navigable
waters within the outlined fallout zone, on the Lake of the Ozarks,
between Mile Markers 0.1 to 0.3. The duration of enforcement 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.
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 a series of
fireworks displays that impact a one-half mile stretch of the Lake of
the Ozarks mile marker 0.1 to mile marker 0.3 on May 25, June 15, July
5, July 6, July 13, July 20, July 27, August 3, August 10, August 17,
August 24, August 31, and December 31, 2024 from 9:30 p.m. to 10:00
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.
[[Page 43319]]
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 that will be enforced from 9:30 p.m. to 10:00 p.m. on May
25, June 15, July 5, July 6, July 13, July 20, July 27, August 3,
August 10, August 17, August 24, August 31, and December 31, 2024, that
will prohibit entry on the Lake of the Ozarks between MM 0.1 to MM 0.3.
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.
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.T08-0321 to read as follows:
Sec. 165.T08-0321 Safety Zone; Lake of the Ozarks, Mile Markers 0.1-
0.3, 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 0.1 to mile marker 0.3.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Sector Upper Mississippi River (COTP) or the COTP's 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 the USCG Sector Upper Mississippi River.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative via VHF-FM channel 16, or through USCG Sector
Upper Mississippi River at 314-269-2332. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(c) Enforcement period. This safety zone will be enforced from 9:30
p.m. to 10:00 p.m. on May 25, June 15, July 5, July 6, July 13, July
20, July 27, August 3, August 10, August 17, August 24, August 31, and
December 31, 2024.
Dated: May 9, 2024.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2024-10902 Filed 5-16-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 17, 2024.
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