86050 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

Dated: December 5, 2023. 

J.W. Noggle, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Columbia River. 

[FR Doc. 2023–27090 Filed 12–11–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–OZAR–36399; Docket No. NPS–2022– 

0001; PPMWOZARS0/PPMPSPD1Z.YM0000] 

RIN 1024–AE62 

Ozark National Scenic Riverways; 

Motorized Vessels 

AGENCY: National Park Service, Interior 

ACTION: Final rule. 

SUMMARY: The National Park Service 

amends special regulations governing 

the use of motorized vessels within 

Ozark National Scenic Riverways. The 

changes will allow the use of 60/40 

horsepower motors in the middle 

sections of the Current and Jacks Fork 

Rivers. The rule establishes seasonal 

closures in the upper sections of the 

rivers and limits the maximum 

horsepower of motorized vessels in 

other locations. These changes are slight 

modifications to restrictions on 

motorized vessels that have been in 

place since 1991. 

DATES: This rule is effective January 11, 

2024. 

ADDRESSES: 

Docket: The comments received on 

the proposed rule and an economic 

analysis are available on 

www.regulations.gov in Docket No. 

NPS–2022–0001. 

Document Availability: The Final 

General Management Plan/Wilderness 

Study/Environmental Impact Statement 

(GMP/EIS), Record of Decision (ROD), 

and Errata Sheet to the GMP/EIS (Errata 

Sheet) provide information and context 

for this rule and are available online at 

https://parkplanning.nps.gov/ozar, by 

clicking on the link entitled ‘‘General 

Management Plan, Wilderness Study, 

Environmental Impact Statement’’ and 

then clicking the link entitled 

‘‘Document List.’’ 

FOR FURTHER INFORMATION CONTACT: 

Lindel Gregory, Chief Ranger, Ozark 

National Scenic Riverways; (573) 323– 

4923; lindel_gregory@nps.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

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, freeflowing, 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, which 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 motors 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 miles per hour) 

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 National Park Service (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 NPS also limited the use 

of motorboats 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 and 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 

visitors seeking a quiet experience. 

Another concern arises during the 

summer, when the number of 

motorboats on the rivers poses 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 


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be overwhelmed by the wakes 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. 

Summary of Public Comments 

The NPS published a proposed rule in 

the Federal Register on January 5, 2022 

(87 FR 413). The NPS accepted public 

comments on the proposed rule for 60 

days via the mail, hand delivery, and 

the Federal eRulemaking Portal at 

https://www.regulations.gov. Comments 

were accepted through March 7, 2022. 

The NPS received 408 comments on the 

proposed rule. Comments generally 

focused on balancing appropriate visitor 

uses, types and levels of access, and 

desired resource conditions. Although 

many commenters agreed the rivers 

were too crowded and expressed 

concern about visitor behavior, there 

was no consensus about how the NPS 

should manage motorized vessels on the 

rivers. Many comments addressed the 

NPS’s evaluation of the environmental 

impacts of the preferred and other 

alternatives in the GMP/EIS. These 

comments are not addressed in this final 

rule because they raise issues that the 

NPS already considered in the National 

Environmental Policy Act (NEPA) 

compliance process. The NPS evaluated 

the environmental impacts of each 

alternative in the GMP/EIS and 

explained why it selected the preferred 

alternative (Alternative B) in the ROD. 

The NPS did not identify any new 

significant environmental issues in the 

public comments on the proposed rule. 

After considering public comments and 

after additional review, the NPS made 

the following changes in the final rule. 

1. In Table 1 to paragraph (b)(2), the 

NPS adjusted the northern boundary of 

the lower section on the Current River. 

This change will allow 150/105 hp 

motors from the lower end of the Van 

Buren Gap downstream to the southern 

boundary of the Riverways. 

2. In Table 1 to paragraph (b)(2) and 

Table 2 to paragraph (b)(3), the NPS 

restated the geographic boundaries of 

the various sections of river as the ends 

of Van Buren and Eminence gaps, rather 

than as the intermediate boundaries of 

the Riverways at each gap. The NPS 

made these edits for clarity only; the 

edits did not change the actual 

boundaries of the sections of river. 

3. In paragraph (b)(5), the NPS 

clarified that the designated access 

points do not mark the boundaries of 

the sections of river, which are 

identified in the tables. Instead, the final 

rule states that designated access points 

will have information about horsepower 

limits and seasonal closures in each 

section of river. 

4. In paragraph (b)(7), the NPS added 

a statement that a violation of a 

restriction, condition, or closure 

implemented by the superintendent is 

prohibited. 

5. In paragraph (b)(7), the NPS 

replaced a reference to paragraph (a) of 

36 CFR 1.7 with a reference to section 

1.7 in its entirety, to require that any 

restriction, condition, or closure on the 

use of motorized vessels that is 

established by the superintendent is 

included in the superintendent’s 

compendium, as required by paragraph 

(b) of section 1.7. 

A summary of the pertinent issues 

raised in the comments and NPS 

responses is provided below. 

1. Comment: Several commenters 

objected to allowing motorized vessels 

anywhere in the Riverways. Some 

commenters argued that doing so 

violates the mandate in the NPS Organic 

Act that units of the National Park 

System be managed to conserve the 

scenery, natural and historic objects, 

and wild life in such manner and by 

such means as will leave them 

unimpaired for the enjoyment of future 

generations. 54 U.S.C. 100101. 

NPS Response: Through the NPS 

Organic Act, Congress granted the NPS 

broad discretion to regulate activities 

within System units, and the NPS has 

concluded that the selected alternative 

in the ROD, as amended by the Errata, 

will not result in unacceptable impacts 

or an impairment of resources in the 

Riverways. When it established the 

Riverways, Congress directed the NPS to 

include provisions for the use and 

enjoyment of the Current and Jacks Fork 

rivers by the people of the United 

States. 16 U.S.C. 460m. The NPS 

believes that continuing to allow 

motorized vessels on the Current and 

Jacks Fork rivers, as managed by this 

rule, is consistent with the NPS Organic 

Act and the enabling act for the 

Riverways. 

2. Comment: Some commenters asked 

the NPS to eliminate the seasonal 

closures. Others suggested that the NPS 

allow only trolling motors in the upper 

sections during peak season. Several 

commenters objected to any prohibition 

of motorized vessels on the entire length 

of the Current and Jacks Fork rivers at 

any time. Some of these commenters 

cited long-standing use of motorized 

vessels on the rivers and access they 

provide for subsistence by local 

residents through gigging, fishing, 

trapping, and hunting. Another 

commenter suggested the NPS revise the 

definition of ‘‘peak season’’ to allow 

motorized vessels to continue to operate 

on the Jacks Fork River into early May 

when water levels remain high enough 

and there are fewer floaters on the 

rivers. 

NPS Response: The NPS believes this 

rule appropriately balances different 

types of recreation and access on the 

rivers by managing the power and 

location of motorized vessels. The 

seasonal closures on the upper sections 

of each river will create a quieter and 

safer recreational experience for visitors, 

as explained in the section-by-section 

analysis below. Although trolling 

motors are quieter and operate at lower 

speeds than gasoline-powered motors, 

they still create enough wake and 

potential for conflict with nonmotorized uses to justify including them 

in the prohibition of all motorized use 

during peak season. They also utilize a 

propeller, which is ineffective in 

shallow areas of the upper stretches of 

the rivers and therefore limits their 

usefulness. 

The NPS acknowledges there are 

strong cultural ties to gigging and 

trapping in the upper sections of the 

Current and Jacks Fork rivers. To 

accommodate these activities, the rule 

allows jet boats with engines rated up to 

25 hp at the power head from the 

beginning of gigging season through the 

end of the statewide spring trapping 

season on public lands, as established 

by the Missouri Department of 

Conservation. For the 2024 season, 

those dates are September 1 through 

April 1. Rather than choose a fixed date 

each calendar year, aligning the rule 

with statewide gigging and spring 

trapping seasons will ensure that the 

use of motorized vessels has meaning 

for local residents. 

While water levels are generally 

higher on the upper Jacks Fork River in 

the spring, this also is when that stretch 

becomes more heavily used by nonmotorized vessels because water levels 

during the remainder of the year 

typically prevent floating activities. 

3. Comment: Several commenters 

encouraged the NPS to establish a 

lower, more protective horsepower limit 

on the rivers, consistent with other 

federally protected rivers in the Ozarks, 

such as the Buffalo National River (limit 

of 10 hp) and the Eleven Point Wild and 

Scenic River (limit of 25 hp). 

NPS Response: All federally protected 

rivers, such as the Current River, Jacks 

Fork River, Buffalo River, and Eleven 

Point River, must be managed in 

accordance with the laws establishing 

their protected status. Within the scope 

of these mandates, however, Federal 

agencies have discretion to establish 


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rules for visitor use that are tailored to 

the characteristics of each river, such as 

size, location, cultural and natural 

resources present, and visitor use 

patterns. The combination of these 

characteristics is unique to each river, 

even if some rivers share similar traits. 

The horsepower limits established by 

this rule are consistent with the legal 

protections for the Current and Jacks 

Fork rivers found in the NPS Organic 

Act and the Riverways’ enabling 

legislation, and will allow for diverse 

opportunities for river-based recreation 

and access. Lower horsepower limits on 

the upper sections of each river will 

help avoid conflicts between motorized 

and non-motorized uses that can lead to 

undesirable visitor experiences and 

unsafe outcomes. Increasing horsepower 

limits downriver correlate to less 

frequent and less concentrated nonmotorized use and changing physical 

characteristics of the rivers, such as 

increasing width and depth, that can 

better accommodate the speed and wake 

created by larger motors. 

4. Comment: One commenter 

suggested lowering the maximum 

horsepower in the middle sections of 

the Current and Jacks Fork rivers. 

Another commenter recommended 

prohibiting motorboats in the entire 

length of the Jacks Fork River during 

peak season. Several commenters stated 

the 150/105 hp limit below Big Spring 

on the Current River is too high and 

suggested the 60/40 hp limit be 

extended to the southern boundary of 

the Riverways. Other commenters asked 

the NPS to prohibit motorboats on 

various segments of the Current River. 

Commenters advocating for lower 

horsepower or no motorboats at all 

claimed that the wakes generated by 

faster, larger motors and the size of 

vessels equipped with those motors 

diminish the visitor experience and 

pose a greater safety risk to floaters 

compared to vessels with smaller 

motors. Other commenters stated that 

higher-powered vessels are loud, 

damage park resources, increase bank 

erosion, reduce water clarity, and 

negatively affect aquatic wildlife. 

NPS Response: Alternative A in the 

GMP/EIS would have limited 

horsepower on the middle section of the 

Current River to 25 hp from Round 

Spring to Two Rivers, and prohibited 

motorboats on that segment of the river 

during peak season. Alternative A 

would have prohibited motorboats on 

the upper section of the Current River. 

It would have limited horsepower to 40 

hp from Two Rivers to the southern 

boundary of the Riverways on the 

Current River, and prohibited 

motorboats year-round on the Jacks Fork 

River. The GMP/EIS did not evaluate an 

alternative that would have prohibited 

motorboats on the middle or lower 

sections of the Current River. The NPS 

believes that doing so would create 

significant adverse impacts to visitor 

access and recreation in the Riverways. 

The alternatives in the GMP/EIS were 

developed over several years through an 

iterative process that incorporated 

public input and new information at 

every step. The NPS evaluated potential 

impacts to the environment for each of 

the alternatives in the GMP/EIS and 

explained its decision to select 

Alternative B in the ROD. 

5. Comment: One commenter 

expressed concern that the seasonal 

closure on the upper section of the 

Current River would prevent persons 

with disabilities from using motorized 

vessels to enjoy the river. 

NPS Response: The NPS welcomes 

visitors of all types to the Riverways, 

including individuals with disabilities. 

The use of motorized vessels on the 

rivers is one of many recreational 

opportunities in the Riverways. In 

meeting the goal of accessibility, the 

NPS seeks to ensure that persons with 

disabilities are afforded experiences and 

opportunities along with other visitors 

to the extent practicable. For example, 

under the selected alternative in the 

ROD, the NPS will establish additional 

trails in the Riverways that are 

accessible to persons with disabilities. 

In 2021, the NPS completed an 

Accessibility Self-Evaluation and 

Transition Plan with specific targets for 

improving visitor accessibility at a 

variety of facilities, campsites, and 

program experiences. 

6. Comment: Several commenters 

objected to the provision establishing 

the superintendent’s authority to close 

sections of the rivers. 

NPS Response: Superintendents of all 

National Park System units have a 

general authority to establish closures, 

restrictions and conditions on visitor 

use or activity under 36 CFR 1.5. This 

rule will specify that—with respect to 

the use of motorized vessels in the 

Riverways—the superintendent may 

restrict or impose conditions on the use 

of motorized vessels, or close any 

portion of the Riverways, after taking 

into consideration public safety, 

protection or park resources, weather 

conditions and park management 

objectives. This provision establishes 

that the superintendent may take action 

to address changing conditions on the 

rivers to help protect resources and keep 

visitors safe. The superintendent needs 

this management tool because dynamic 

river environments can create 

unforeseen conditions that need to be 

addressed quickly. The superintendent 

may not increase visitor use and activity 

on the rivers in a manner that goes 

beyond what is authorized by the rule. 

As examples, the superintendent may 

not increase the maximum horsepower 

of motorized vessels beyond what is 

stated in the rule, or allow motorized 

vessels on the upper sections of the 

rivers year-round. These types of 

changes would require amendments to 

the regulations following a public 

notice-and-comment rulemaking 

process. Similarly, if the superintendent 

determines that closures, restrictions 

and conditions implemented to address 

unforeseen conditions should be made 

permanent, the NPS should then amend 

the regulations in 36 CFR 7.83 to reflect 

those actions following a public 

rulemaking process. 

The rule requires the superintendent 

to notify the public of any restrictions, 

conditions or closures to motorized 

vessels in accordance with 36 CFR 1.7, 

which includes publication of such 

actions in a written compilation that is 

referred to as the superintendent’s 

compendium. The superintendent’s 

compendium is available on the 

Riverway’s website at https://

www.nps.gov/ozar/index.htm. 

7. Comment: One commenter 

suggested the NPS prohibit all motors 

with internal combustion engines and 

allow electric trolling motors only. 

NPS Response: Electric trolling 

motors provide sufficient power and 

range to support certain types of 

motorized use on the rivers, such as 

drift fishing or moving boats for limited 

distances against the current. These 

types of motors, however, are not a 

reasonable alternative to gasolinepowered engines that are commonly 

used in johnboats for recreational 

purposes. Prohibiting gasoline-powered 

motors would result in a significant loss 

of recreational opportunities in the 

Riverways that the NPS did not consider 

in the planning process. 

8. Comment: Several commenters 

stated that the 150 hp limit below Big 

Spring unnecessarily excludes a 

segment of the fishing and boating 

population and creates an undue burden 

on people who own vessels with larger 

horsepower motors. These commenters 

would allow unlimited horsepower in 

the lower section of the Current River. 

Several commenters questioned the 

correlation between maximum 

horsepower and wake. For example, 

some commenters asserted there is no 

difference in the wake created by jet 

boats with a 200 hp motors and 150 hp 

motors. One commenter stated that 

higher horsepower engines provide 


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greater control and therefore a safer 

environment. 

NPS Response: The NPS explains the 

reason for establishing a horsepower 

limit in the lower section of the Current 

River in the section-by-section analysis 

below. Many motors that exceed 150 hp 

are heavier, operated at higher speeds, 

and need more area to operate, which 

can create conflicts between other 

motorized and non-motorized vessels. 

9. Comment: Several commenters 

stated a single horsepower limit 

throughout the rivers would be easier to 

communicate with visitors and easier to 

enforce, especially with limited law 

enforcement officers. Other commenters 

stated there is a need for increased law 

enforcement on the rivers to manage 

increased visitation and to enforce the 

seasonal closures and horsepower 

restrictions in the rule. In particular, 

one commenter suggested the use of 

cameras to monitor vessel operations as 

an aid to enforcement. 

NPS Response: A single horsepower 

limit would be easier to communicate 

and enforce. The relative difficulty of 

understanding and enforcing the rules, 

however, is not the only factor the NPS 

must consider when deciding how to 

manage motorized vessels. The selected 

alternative (Alternative B) calls for the 

NPS to hire additional law enforcement 

officers in order to improve visitor 

compliance with regulations. The NPS 

has 14 commissioned officers working 

varied shifts to support law enforcement 

activities throughout the Riverways. All 

of them are trained to enforce violations 

on the rivers. NPS law enforcement 

officers work closely with the Missouri 

Water Patrol and the sheriff’s 

departments of surrounding counties to 

coordinate law enforcement activities. 

These agencies support law enforcement 

efforts by communicating violations that 

are reported or observed within the 

Riverways. The NPS utilizes cameras for 

a multitude of law enforcement 

activities, which may include 

enforcement of horsepower or other 

boating regulations. 

10. Comment: Several commenters 

recommended the NPS install signs on 

the rivers that identify the upper, 

middle, and lower sections and the 

closures and horsepower restrictions 

that apply in each section. 

NPS Response: Designated boat access 

points will be signed with information 

about horsepower limits and seasonal 

closures, so that anyone launching at 

designated sites will be aware of the 

rules. Installing signs at the actual 

boundaries of each section of river, 

which do not correlate to designated 

access points in every case, is 

problematic due to challenging 

riverbank terrain and the tendency for 

signs to be lost or damaged in floods. 

Maps indicating the horsepower limits 

in the various sections of the rivers will 

be located at the Riverways 

headquarters in Van Buren, MO, and on 

the Riverways website. 

11. Comment: One commenter 

suggested the NPS establish decibel and 

speed limits for motorized vessels. 

NPS Response: Existing regulations 

address the noise and speed on vessels 

in the Riverways. NPS regulations at 36 

CFR 3.15 limit the noise of vessels 

operating in all System units to 75 

dB(A) measured using test procedures 

applicable to vessels underway (Society 

of Automotive Engineers SAE—J1970), 

or 88dB(A) measured using test 

procedures applicable to stationary 

vessels (Society of Automotive 

Engineers SAE—J2005). This section 

also authorizes NPS law enforcement 

officers to direct the operator of a vessel 

to submit the vessel to an on-site test to 

measure noise level. 

Under 36 CFR 3.2(b), the NPS adopts 

certain State laws that restrict the speed 

of motorized vessels. Missouri law 

prohibits the operation of a vessel in 

excess of slow, no wake speed within 

100 feet of a dock or any emergency 

vessel that has emergency lights 

displayed. Mo. Rev. Stat. §§ 306.125, 

306.132. Missouri law also prohibits 

operating a motorboat in excess of 30 

mph at any time from a half-hour after 

sunset until one hour before sunrise. 

Mo. Rev. Stat. § 306.125. NPS 

regulations at 36 CFR 3.8(b)(4) prohibit 

operating a vessel in excess of flat wake 

speed within 100 feet of a downed water 

skier, a person swimming, wading, 

fishing from shore or floating with the 

aid of a flotation device, a designated 

launch site, or from a manually 

propelled, anchored or drifting vessel. 

Speed also is a factor that can result in 

a violation of NPS regulations at 36 CFR 

3.8(b)(8)–(9), which prohibit operating a 

vessel in a negligent or grossly negligent 

manner. 

12. Comment: Several commenters 

opposed the seasonal closures on the 

upper sections of both rivers due to 

concerns that they would create 

economic hardship for local users, 

including fisherman and their families. 

NPS Response: The NPS does not 

expect the seasonal closures to impact 

many visitors because of the physical 

characteristics of the upper sections of 

both rivers. The narrow and shallow 

nature of these sections prevents heavy 

motorized use, which the NPS believes 

to be approximately 5% of total 

visitation in those areas. The rule allows 

motorized vessels on the upper sections 

during State-defined trapping and 

gigging seasons so that local residents 

may continue to engage in those 

traditional activities for economic and 

recreational purposes. Fishing from 

riverbanks and while wading are 

allowed and popular on the upper 

stretches of the rivers where water is 

shallow. 

13. Comment: Several commenters 

encouraged the NPS to move the 

northern boundary of the lower section 

of the Current River to allow 150/105 hp 

motors from the lower end of the Van 

Buren Gap to the southern boundary of 

the Riverways. Commenters stated that 

this change would allow visitors to 

launch bigger motors at the public and 

private launch sites in Van Buren, 

therefore decreasing pressure at Big 

Spring. Commenters also stated that this 

change would benefit residents who live 

along the river outside of the Riverways 

but within the Van Buren Gap, who own 

larger motors and keep their boats 

docked along the bank throughout the 

summer. 

NPS Response: The NPS agrees with 

this recommendation and has changed 

the rule accordingly. The Errata Sheet 

amends the GMP/EIS to reflect the 

change to the northern boundary of the 

lower section of the Current River, 

which the NPS believes will make the 

horsepower limits easier to understand 

and enforce, and will relieve parking 

pressure on the Big Spring boat ramp. 

14. Comment: One commenter 

suggested the NPS restrict the size of 

vessels rather than limit horsepower. 

NPS Response: The NPS believes that 

limiting horsepower will achieve the 

desired result in the GMP/EIS and be 

easier to enforce than measuring boat 

size. NPS regulations at 36 CFR 3.8(a)(4) 

authorize superintendents of all System 

units to establish length and width 

restrictions in accordance with 36 CFR 

1.5 and 1.7. If, in the future, the 

superintendent of the Riverways 

determines that length and width 

restrictions are necessary for the 

maintenance of public health and safety, 

protection of environmental or scenic 

values, protection of natural or cultural 

resources, aid to scientific research, 

implementation of management 

responsibilities, equitable allocation and 

use of facilities, or the avoidance of 

conflict among visitor use activities, the 

superintendent may establish such 

restrictions in the superintendent’s 

compendium for the Riverways. 

15. Comment: Several commenters 

suggested the NPS manage motorized 

vessels by limiting them to certain days 

of the week. One commenter suggested 

that motorized vessels should be 

allowed on the upper section of the 

Current River on weekdays, but not 


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weekends, to provide access to local 

residents without contributing to 

overcrowding at peak times. 

NPS Response: The rule prohibits 

motorized vessels on the upper sections 

of both rivers during peak season to 

help maintain the safety of visitors and 

relieve overcrowding throughout the 

week. The volume of non-motorized 

vessels remains high on weekdays 

during peak season. 

16. Comment: Some commenters 

stated that education was preferable to 

regulation and supported more public 

education about boating safety. One 

commenter asked the NPS to require all 

visitors who engage in water-based 

recreation take a water safety class. 

Another commenter suggested that 

commercial visitor service providers 

educate seasonal floaters about water 

etiquette and rules of navigation. 

NPS Response: Boating and floating 

safety information courses are available 

through the Missouri Water Patrol, 

United States Coast Guard, and other 

organizations. The NPS provides 

educational information to floaters 

through authorized concessions and 

through public programs and 

interactions, as well as the on the 

Riverways website. 

17. Comment: One commenter 

recommended the NPS manage use of 

the rivers by determining the number of 

visitors from each user group (e.g., 

motorized, non-motorized) that can be 

accommodated in different river 

locations. Other commenters 

recommended a permit system to 

manage motorized and non-motorized 

recreational use and suggested limits on 

the number of people that commercial 

outfitters can put into the rivers in 

specific locations on specific days. 

NPS Response: Managing visitor use 

in the Riverways is inherently complex 

and depends not only on the number of 

visitors, but also on where the visitors 

go, what they do, and the impacts they 

have on resources and other visitors. In 

managing visitor use, NPS staff rely on 

a variety of management tools and 

strategies rather than relying solely on 

regulating the number of people in a 

specific area. Ever-changing visitor use 

patterns require a deliberate and 

adaptive approach to visitor capacity 

and visitor use management that would 

be hindered by placing strict limits on 

the number of user types in specific 

locations. 

The NPS may develop an education 

outreach program to encourage 

voluntary dispersal of river users to 

reduce the number of watercraft in 

popular areas. The NPS may evaluate 

and modify concession contracts or 

operating plans to better distribute and 

manage the number of watercraft, both 

across times of day and by physical 

location. NPS staff also may consider a 

shuttle system to further disperse use on 

the rivers. Finally, if needed to ensure 

compliance with standards, the NPS 

may require watercraft permits. 

Implementation of some of these 

management actions may require 

additional planning, compliance and 

public involvement. 

Final Rule 

Summary 

This rule will 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 does 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 visitor types. 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 vessels 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 

been 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 rule officially allows these 

popular motors in the middle sections 

of each river. The rule clarifies that, for 

purposes of complying with the 

regulations, maximum horsepower 

means the maximum horsepower 


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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 86055 

1This is consistent with the International Council 

of Marine Industry Association’s Standard 28–83. 

produced by the engine’s powerhead.1

The rule states that this measurement 

may be different than the maximum 

power measured at the final output or 

the maximum power rated by the 

manufacturer. The rule then adds 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 will be 

allowed for jet motors but only 40 hp 

will be allowed for propeller motors. 

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 rule 

changes 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 rule 

prohibits motorized vessels in these 

sections during peak season. This 

includes vessels using only a trolling 

motor. This closure applies 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 western 

boundary of the Eminence Gap on the 

Jacks 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 is defined as beginning 

on the day after the last day of the 

statewide spring trapping season on 

public lands (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 provides 

opportunities for solitude and 

connection with nature that are not 

currently available during weekends 

and holidays in the summer. Visitors 

will be able to intimately experience 

conditions reminiscent of those that 

existed when the Riverways was 

established. The seasonal closures will 

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 rule establishes 

new horsepower limits in this section. 

The rule allows motors with propellers 

up to 105 hp. For the same reason that 

60 hp motors will be allowed in the 

middle sections of the Current and Jacks 

Fork rivers if they are equipped with jet 

propulsion systems, the rule will 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 will 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 

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 rule revises § 7.83(a)(1) of the 

existing special regulations to clarify 

that motorized vessels on the Riverways 

may have only one outboard motor. The 

rule clarifies that the motor count does 

not include electric trolling motors, 

which could accompany a vessel with a 

single outboard motor. For clarity, the 

revisions define the terms ‘‘inboard 

motor’’ and ‘‘outboard motor’’ and state 

that the use of inboard motors and 

personal watercraft is prohibited. 

The rule allows the Superintendent to 

issue a permit for the operation of 

vessels with motors more powerful than 

the horsepower limits established by the 

rule. This allows the Superintendent to 

make exceptions in limited 

circumstances, such as when the NPS 

issues permits to the Missouri 

Department of Conservation for research 

activities on the rivers that, for safety or 

other reasons, require more power than 

is allowed by the rule. 

The rule also includes 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 clarifies 

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 will be located at Riverways 

headquarters in Van Buren, MO and on 

the Riverways’ website (https://

www.nps.gov/ozar/index.htm). The 

Superintendent will 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 rule also adds 

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, 13563, and 

14094) 

Executive Order 12866, as amended 

by Executive Order 14094, 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 rule is not significant. 

Executive Order 14094 amends 

Executive Order 12866 and reaffirms the 

principles of Executive Order 12866 and 

Executive Order 13563 and states that 

regulatory analysis should facilitate 


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86056 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

agency efforts to develop regulations 

that serve the public interest, advance 

statutory objectives, and be consistent 

with Executive Order 12866, Executive 

Order 13563, and the Presidential 

Memorandum of January 20, 2021 

(Modernizing Regulatory Review). 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. 

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 rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act (RFA) 

This 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: Special Regulations 

Governing the Use of Motorized Vessels 

within Ozark National Scenic 

Riverways’’ that can be found on the 

Riverways’ planning website at https:// 

parkplanning.nps.gov/ozar, by clicking 

the link entitled ‘‘General Management 

Plan, Wilderness Study, Environmental 

Impact Statement’’ and then clicking the 

link entitled ‘‘Document List.’’ 

Congressional Review Act (CRA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the CRA. This 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, 

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 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 

rule does not have a significant or 

unique effect on State, local or Tribal 

governments or the private sector. It 

addresses public use of NPSadministered 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 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 Riverways will not be 

affected by this rule. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism summary impact 

statement. The 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 rule complies with the 

requirements of Executive Order 12988. 

Specifically, this 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 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 rule implements a portion of the 

preferred alternative (Alternative B) for 

the Riverways described in the GMP/ 

EIS. The NPS released a draft of the 

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 Acting Regional Director, Midwest 

Region, signed the ROD identifying the 

preferred alternative as the selected 

action. In January 2023, the NPS issued 

the Errata Sheet, which amended the 

GMP/EIS to move the northern 

boundary of the lower section on the 

Current River. 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, ROD and Errata Sheet 

are available online at https://

parkplanning.nps.gov/ozar, by clicking 

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-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. The 

NPS has evaluated this 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 


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information and resources, to address 

problems and issues of mutual concern. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. The 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 rule as a significant 

energy action. A Statement of Energy 

Effects is not required. 

List of Subjects in 36 CFR Part 7 

National Parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 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. 

■ 2. In § 7.83: 

■ a. Redesignate paragraphs (a) through 

(e) as paragraphs (b) through (f); 

■ b. Add a new paragraph (a); and 

■ c. Revise newly designated paragraph 

(b). 

The addition and revision read as 

follows: 

§ 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 the statewide spring trapping 

season on public lands, 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) The following actions are prohibited 

on waters situated within the 

boundaries of Ozark National Scenic 

Riverways: 

(i) Operating a motorized vessel with 

more than one outboard motor, not 

including an electric trolling motor. 

(ii) Operating a motorized vessel with 

an inboard motor. 

(iii) Operating a personal watercraft. 

(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) 

Section of river Maximum horsepower during 

peak season 

Maximum horsepower during 

off-peak season 

Current River ................................. Upper Section: Northern boundary 

of the Riverways downstream 

to Round Spring.

Motorized vessels prohibited ........ 25 hp (motor with jet unit); 18 hp 

(motor with propeller). 

Middle Section: Round Spring 

downstream to the upper 

(northern) end of the Van Buren 

Gap.

60 hp (motor with jet unit); 40 hp 

(motor with propeller).

60 hp (motor with jet unit); 40 hp 

(motor with propeller). 

Lower Section: Lower (southern) 

end of the Van Buren Gap 

downstream to the southern 

boundary of the Riverways.

150 hp (motor with jet unit); 105 

hp (motor with propeller).

150 hp (motor with jet unit); 105 

hp (motor with 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 2 to paragraph (b)(3). 

TABLE 2 TO PARAGRAPH (b)(3) 

Section of river Maximum horsepower during 

peak season 

Maximum horsepower during 

off-peak season 

Jacks Fork River ............................ Upper Section: Western boundary 

of the Riverways downstream 

to the upper (western) end of 

Eminence Gap.

Motorized vessels prohibited ........ 25 hp (motor with jet unit); 18 hp 

(motor with propeller). 

Middle Section: Lower (eastern) 

end of the Eminence Gap 

downstream to Two Rivers.

60 hp (motor with jet unit); 40 hp 

(motor with propeller).

60 hp (motor with jet unit); 40 hp 

(motor with 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 sections of the 

rivers are located at park headquarters 

in Van Buren, MO, and on the Ozark 

National Scenic Riverways website. 

Signs at designated access points will 

have information about horsepower 

limits and seasonal closures in the 


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86058 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

upper, middle, and lower sections of 

river. The Superintendent will notify 

the public of the designated access 

points in accordance with § 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 in accordance with § 1.7 

of this chapter. A violation of any such 

restriction, condition, or closure is 

prohibited. 

* * * * * 

Matthew J. Strickler, 

Deputy Assistant Secretary Exercising the 

Delegated Authority of the Assistant Secretary 

for Fish and Wildlife and Parks. 

[FR Doc. 2023–27168 Filed 12–11–23; 8:45 am] 

BILLING CODE 4312–52–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. Docket No. 23–CRB–0014–PR– 

COLA (2024)] 

Cost of Living Adjustment to Royalty 

Rates and Terms for Making and 

Distributing Phonorecords 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; cost of living 

adjustment. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) in the royalty rates for the 

statutory license for making and 

distributing phonorecords of 

nondramatic musical works regarding 

physical phonorecords and Permanent 

Downloads. 

DATES: 

Effective date: December 12, 2023. 

Applicability date: These rates and 

terms are applicable during the period 

from January 1, 2024, through December 

31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, Program Specialist, (202) 

707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

115 of the Copyright Act, title 17 of the 

United States Code, creates a statutory 

license for making and distributing 

phonorecords of nondramatic musical 

works. On December 16, 2022, the 

Copyright Royalty Judges (Judges) 

adopted final regulations that set rates 

and terms applicable for the statutory 

license for making and distributing 

phonorecords of nondramatic musical 

works. See 87 FR 76942. 

Pursuant to those regulations, at least 

25 days before January 1 of each year, 

the Judges shall publish in the Federal 

Register notice of a cost of living 

adjustment (COLA) applicable to the 

royalty fees for making and distributing 

physical phonorecords and Permanent 

Downloads. 37 CFR 385.11. 

The royalty fee shall be adjusted to 

reflect any changes occurring in the cost 

of living as determined by the most 

recent Consumer Price Index for All 

Urban Consumers (U.S. City Average, all 

items) (CPI–U) published by the 

Secretary of Labor before December 1 of 

the preceding year. The calculation of 

the rate for each year shall be 

cumulative based on a calculation of the 

percentage increase in the CPI–U from 

the CPI–U published in November, 2022 

(the Base Rate) and shall be made 

according to the following formulas: for 

the per-work rate, (1 + (Cy ¥ Base 

Rate)/Base Rate) × 12¢, rounded to the 

nearest tenth of a cent; for the perminute rate, (1 + (Cy ¥ Base Rate)/Base 

Rate) × 2.31¢, rounded to the nearest 

hundredth of a cent; where Cy is the 

CPI–U published by the Secretary of 

Labor before December 1 of the 

preceding year. 37 CFR 385.11(a)(2). 

List of Subjects in 37 CFR Part 385 

Copyright, Phonorecords, Recordings. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 385 of title 37 of the 

Code of Federal Regulations as follows: 

PART 385—RATES AND TERMS FOR 

USE OF NONDRAMATIC MUSICAL 

WORKS IN THE MAKING AND 

DISTRIBUTING OF PHYSICAL AND 

DIGITAL PHONORECORDS 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 17 U.S.C. 115, 801(b)(1), 

804(b)(4). 

■ 2. Section 385.11 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 385.11 Royalty fees for the public 

performance of sound recordings and the 

making of ephemeral recordings. 

(a) * * * 

(1) 2024 rate. For the year 2024 for 

every physical phonorecord and 

Permanent Download the Licensee 

makes and distributes or authorizes to 

be made and distributed, the royalty rate 

payable for each work embodied in the 

phonorecord or Permanent Download 

shall be either 12.40 cents or 2.39 cents 

per minute of playing time or fraction 

thereof, whichever amount is larger. 

* * * * * 

Dated: December 7, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–27290 Filed 12–8–23; 11:15 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AP86 

Active Service Pay 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its adjudication 

regulations to permit VA to adjust 

disability compensation payments 

under certain circumstances upon 

receipt of notice from the Department of 

Defense (DoD) that the veteran has 

received or is receiving active service 

pay. The effect of this action is to reduce 

overpayments and erroneous payments 

associated with receipt of VA disability 

compensation and DoD active service 

pay by allowing VA to make necessary 

adjustments as close in time to the 

receipt of active service pay as possible. 

Additionally, the amendments will 

allow VA to resume payments 

discontinued due to receipt of active 

service pay based on information 

received from DoD. The amendments 

will also clarify how VA adjudicates 

benefit adjustments based on a veteran’s 

receipt of active service pay for certain 

types of service. 

DATES: Effective Date: This rule is 

effective January 11, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Parks, Chief, Regulations Staff 

(211C), Compensation Service (21C), 

Veterans Benefits Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue NW, Washington, DC 

20420, (202) 461–9540. (This is not a 

toll-free telephone number.) 

SUPPLEMENTARY INFORMATION: On April 

19, 2019, VA published a proposed rule 

in the Federal Register at 84 FR 16421 

to amend 38 CFR 3.103 and 3.654 to 

permit VA to suspend disability 

compensation payments upon receipt of 


ddrumheller on DSK120RN23PROD with RULES1