86048 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative at the command center at 

(808) 842–2600 or on VHF channel 16 

(156.8 MHz). 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. 

Dated: December 1, 2023. 

A.L. Kirksey, 

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

Port Sector Honolulu. 

[FR Doc. 2023–27036 Filed 12–11–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0843] 

RIN 1625–AA00 

Safety Zone; Fireworks Display; Hood 

River, Hood River, Oregon 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Columbia River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near Hood River, Oregon, during 

a fireworks display on December 31, 

2023. This regulation prohibits persons 

and vessels from entering the safety 

zone unless authorized by the Captain 

of the Port Sector Columbia River or a 

designated representative. 

DATES: This rule is effective from 7:30 to 

9 p.m. on December 31, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0843 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 Lieutenant Carlie Gilligan, 

Waterways Management Division, 

Sector Columbia River, Coast Guard; 

telephone 503–240–9319, email 

SCRWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Columbia 

River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On August 15, 2023, the Hood River 

Fireworks, LLC notified the Coast Guard 

that it will be conducting a fireworks 

display from 8 to 8:30 p.m. on December 

31, 2023. The fireworks are to be 

launched from Hood River Spit, 

approximately 1,000 feet south of the 

Columbia River in Hood River, OR. In 

response, on November 2, 2023, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Fireworks Display; Hood 

River, Hood River, OR (88 FR 75244). 

There we stated why we issued the 

NPRM and invited comments on our 

proposed regulatory action related to 

this fireworks display. During the 

comment period that ended December 4, 

2023, we received 8 comments, that are 

discussed in section IV below. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the fireworks display 

that will impact navigation along the 

Hood River. 

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 Columbia 

River (COTP) has determined that 

potential hazards associated with the 

fireworks to be used in this December 

31, 2023, display will be a safety 

concern for anyone within a 1,000-foot 

radius of the barge. The purpose of this 

rule is to ensure safety of vessels and 

the navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received eight 

comments on our NPRM published 

November 2, 2023. Of them, six were in 

support of the proposed rule while the 

remaining two were unrelated to the 

establishment of the safety zone. There 

are no changes in the regulatory text of 

this rule from the proposed rule in the 

NPRM. 

This rule establishes a safety zone 

from 7:30 to 9 p.m. on December 31, 

2023. The safety zone will cover all 

navigable waters within 1,000 feet of the 

fireworks launch site in Hood River, OR. 

The duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 8 to 8:30 p.m. 

fireworks display. No vessel or person 

will be permitted to enter 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 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration 

and time of day of the regulated area. 

The safety zone impacts approximately 

a 1,000-foot area at the intersection of 

the Columbia and Hood Rivers and is 

not anticipated to exceed 1.5 hours in 

duration. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Moreover, 

under certain conditions vessels may 

still transit through the safety zone 

when permitted by the COTP. The Coast 

Guard will issue a Notice to Mariners 

about the zone, and the rule will allow 

vessels to 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 received no comments 

from the Small Business Administration 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 86049 

on this rulemaking. 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 safety 

zone 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 

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 lasting 1.5 hours that will prohibit 

entry within 1,000 feet of a launch site 

in Hood River, OR. 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. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

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 

■ 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. 

■ 2. Add § 165.T13–0843 to read as 

follows: 

§ 165.T13–0843 Safety Zone; Fireworks 

Display, Hood River, Hood River, OR. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

1,000 feet of a fireworks launch site in 

Hood River, OR. The fireworks launch 

site will be at the approximate point of 

45°42′51.20′′ N 121°30′32.18′′ W. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Columbia River 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the fireworks 

display. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, all non-participants may not 

enter the safety zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7:30 to 9 p.m. on 

December 31, 2023. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 


ddrumheller on DSK120RN23PROD with RULES1
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 


ddrumheller on DSK120RN23PROD with RULES1