[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Proposed Rules]
[Pages 413-417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28509]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / 
Proposed Rules

[[Page 413]]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-OZAR-29687; PPMWOZARS0/PPMPSPD1Z.YM0000]
RIN 1024-AE62


Ozark National Scenic Riverways; Motorized Vessels

AGENCY: National Park Service, Interior

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend special 
regulations governing the use of motorized vessels within Ozark 
National Scenic Riverways. The changes would allow the use of 60/40 
horsepower motors in the middle sections of the Current and Jacks Fork 
Rivers. The proposed rule would establish seasonal closures in the 
upper sections of the rivers and limit the maximum horsepower of 
motorized vessels in other locations. These changes would be slight 
modifications to restrictions on motorized vessels that have been in 
place since 1991.

DATES: Comments must be received by 11:59 p.m. EST on March 7, 2022.

ADDRESSES: You may submit comments, identified by the Regulation 
Identifier Number (RIN) 1024-AE62, by any of the following methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Mail or Hand Deliver to: Superintendent, Ozark National 
Scenic Riverways, 404 Watercress Drive, P.O. Box 490, Van Buren, MO 
63965.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions must include 
the words ``National Park Service'' or ``NPS'' and must include the 
docket number or RIN for this rulemaking (1024-AE62). Bulk comments in 
any format (hard copy or electronic) submitted on behalf of others will 
not be accepted. Comments received may be posted without change to 
www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lindel Gregory, Chief Ranger, Ozark 
National Scenic Riverways; (573) 323-4923; <a href="/cdn-cgi/l/email-protection#bfd3d6d1dbdad3e0d8cddad8d0cdc6ffd1cfcc91d8d0c9"><span class="__cf_email__" data-cfemail="5f3336313b3a3300382d3a38302d261f312f2c71383029">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

Purpose and Significance of Ozark National Scenic Riverways

    Congress established Ozark National Scenic Riverways (the 
Riverways) in 1964 to conserve and interpret the scenic, natural, 
scientific, ecological, and historic values and resources within the 
Riverways, and to provide for public outdoor recreational use and 
enjoyment of those resources. 16 U.S.C 460m. The Riverways includes 
portions of the Current and Jacks Fork Rivers, encompassing 134 miles 
of clear, free-flowing, spring-fed waterways. The impressive 
hydrogeological character of the Riverways' karst landscape supports an 
amazing variety of natural features, including a spring system 
unparalleled in North America. The cave system is equally impressive 
with one of the highest densities of caves in any unit of the National 
Park System.
    The Riverways lies within the Ozark Highlands, an important center 
of biodiversity in North America. The Ozark Highlands are home to a 
rich array of wildlife and plants, including endemic species that exist 
nowhere else in the world. The Current and Jacks Fork Rivers have been 
designated as Outstanding National Resource Waters in Missouri. The 
Riverways features archeological and historic structures, landscapes, 
and objects, reflecting ancient life in the Ozark Highlands. The 
extraordinary resources of the Riverways provide outstanding 
recreational opportunities and experiences on and along free-flowing 
rivers.

Use of Motorized Vessels at the Riverways

    One of the recreational opportunities at the Riverways is the use 
of motorboats on the Current and Jacks Fork Rivers. When the Riverways 
was created in 1964, the only outboard motorboats operating on the 
rivers were conventional propeller-driven motors with elongated shafts. 
The propellers of these motors could hit bottom in shallow water, 
resulting in propeller damage. As a result, operators outfitted their 
motors with a lever that would lift the propeller out of the water when 
the vessel skimmed across shallow areas. This naturally limited the 
size of most motorboats operating on the rivers to 20 horsepower (hp) 
or less because heavier motors were too difficult to lift. The only 
exception was the lower Current River that is broader and deeper than 
the upper reaches of the Current and Jacks Fork Rivers. In this lower 
section of the Current River, motorboats up to 40 hp could operate.
    The status quo changed in 1976 when operators began to refit 
outboard motors with jet propulsion systems that could operate in 
inches of water. This eliminated the need to have the skills and 
experience to lift the propeller out of shallow water. As a 
consequence, the number of motorboats in the Riverways increased 
dramatically. The smaller, traditional motor and shaft propellers were 
replaced with large outboard jet motors, some exceeding 250 hp. These 
larger motors generated greater speed (some in excess of 50 mph) and 
larger wakes, and required more space to operate. This resulted in 
safety concerns and conflicts with other users of the rivers, including 
canoers, tube floaters, swimmers, and anglers.
    In order to address these concerns, in 1991 the NPS revised the 
special regulations for the Riverways at 36 CFR 7.83(a) to designate 
zones for motorboat operation, restrict horsepower, and limit the use 
of motorboats during certain seasons (56 FR 30694). The use of 
motorboats was also limited to vessels equipped with outboard motors. 
The nature of the shallow, narrow rivers precludes the safe use of 
inboard motors. These motors are capable of much greater speeds but 
need more water depth to operate due to increased weight.
    Motor boating continues to be a popular activity and means of 
travel on the Current and Jacks Fork Rivers. Visitors use motorboats to 
access fishing areas, cruise the river, and enjoy scenic views. Despite 
the existing regulations that manage motorboats within the Riverways, 
there are concerns about motorboats in certain sections of river. One 
concern is the effect of noise on

[[Page 414]]

visitors seeking a quiet experience. Another concern arises during the 
summer, when the number of motorboats on the rivers pose a safety 
hazard due to conflicts between different user groups competing for the 
same resources. Many access points along the rivers have become popular 
for concessioners and private individuals to launch nonmotorized 
watercraft, such as tubes, rafts, canoes, and kayaks. Often, groups of 
visitors seeking motorized and nonmotorized access enter the river at 
the same time and place, which can lead to congestion and conflicts. 
Once in the water, people in tubes, rafts, kayaks, and canoes can be 
overwhelmed by the wake of motorized vessels. Over the past 20 years, 
the number of visitors using nonmotorized vessels on the rivers has 
steadily increased. If this number continues to increase, so too will 
crowding and conflicts among user groups.

Proposed Rule

Summary

    This proposed rule would help accommodate a variety of desired 
river conditions and recreational uses, promote high quality visitor 
experiences, promote visitor safety, and minimize conflicts among 
different user groups. It would do this by making the following changes 
to existing regulations.

Measuring Horsepower

    Existing regulations, established in 1991, limit the horsepower of 
motorized vessels for the purpose of limiting the size and speed of 
motorized vessels to help ensure a safe and enjoyable experience for 
all types of visitors. Larger motors generate greater speed, larger 
wakes, and require more space in proportion to their speed. The very 
nature of the shallow, narrow rivers, and channel and flow 
characteristics preclude the safe operation and navigation of oversized 
motorboats around obstacles and other users in certain sections of the 
Current and Jacks Fork Rivers. Various combinations of channel depth 
and stream velocity sometimes require boaters to maintain sufficient 
momentum to get across the shallows, and into deeper waters, which 
poses a particular safety hazard to other visitors such as floaters and 
swimmers. Additionally, most boats used on the Current and Jacks Forks 
Rivers are not equipped with speedometers and are therefore unable to 
gauge their own speeds. Further, depending on whether a boat is 
traveling downstream or upstream, speedometers may not accurately gauge 
speed of travel. For these reasons, horsepower limits on outboard 
motors are the most effective means to ensure safety and achieve 
compliance.
    Horsepower can be measured at the engine powerhead and at the final 
output. These measurements are virtually the same for outboard motors 
equipped with propellers. For motors equipped with jet propulsion 
systems, horsepower is approximately 30 percent less at the final 
output than at the powerhead. For purposes of complying with the 
horsepower limits, the existing regulations state that horsepower will 
be based upon power output at the propeller shaft as established by the 
manufacturer. 36 CFR 7.83(a)(2). This method of measuring power works 
well for motors with propellers that have not be modified to change 
final power output. This method is problematic, however, for motors 
that were manufactured with propellers but then retrofitted with jet 
propulsion systems that lower the final power output below the maximum 
horsepower that was established by the manufacturer at the propeller 
shaft. These types of motors are popular with visitors to the Riverways 
because they can operate in shallow waters and enable the use of longer 
and wider boats capable of transporting four or more adults against the 
current of the rivers. The problem is that the existing regulations 
prohibit many of these motors even though they have a final power 
output less than or equal to the maximum horsepower that the NPS has 
determined is appropriate. In this way, the regulations are 
overinclusive.
    For example, the existing regulations prohibit the use of motors 
that exceed 40 hp in the middle sections of the Current and Jacks Fork 
Rivers. 36 CFR 7.83(a)(3)(i). The most popular type of motors in these 
sections are known as 60/40 hp motors. This indicates that the motors 
produce 60 hp at the powerhead but only 40 hp at the final output 
because they are equipped with a jet propulsion system. Some of these 
motors were manufactured with propellers and rated at 60 hp by the 
manufacturer, only to be retrofitted with jets. Others were 
manufactured with jet propulsion systems and for this reason could be 
rated at either 60 hp or 40 hp depending upon where the manufacturer 
measured the power. Under the existing regulations, retrofitted motors 
rated by the manufacturer at 60 hp are prohibited even though they now 
only have 40 hp of usable power. The method of measurement in the 
existing regulations is impracticable for vessels manufactured with jet 
propulsion systems because there was never a propeller shaft. In order 
to address this unintended outcome, the NPS has allowed 60/40 hp motors 
in the Riverways since 1999 under a Superintendent's memorandum.
    This proposed rule would officially allow these popular motors in 
the middle sections of river. The proposed rule would clarify that, for 
purposes of complying with the regulations, maximum horsepower means 
the maximum horsepower produced by the engine's powerhead.\1\ The 
proposed rule would state that this measurement may be different than 
the maximum power measured at the final output or the maximum power 
rated by the manufacturer. The proposed rule would then add tables that 
include maximum horsepower limits on each river that differ depending 
upon whether the motor has a jet propulsion system or a propeller. For 
the middle sections, 60 hp would be allowed for jet motors but only 40 
hp would be allowed for propeller motors.
---------------------------------------------------------------------------

    \1\ This is consistent with the International Council of Marine 
Industry Association's Standard 28-83.
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    In the upper sections of the rivers, existing regulations prohibit 
the use of motors that exceed 25 hp measured at the propeller shaft by 
the manufacturer. 36 CFR 7.83(a)(3)(ii). In practice, the NPS has 
allowed 25 hp motors in the upper sections only if they are equipped 
with jet propulsion systems that lower the effective horsepower to 18 
hp at the final output. The narrow and shallow nature of the upper 
sections make motors with more powerful outputs unsafe throughout the 
year. The proposed rule would change the regulations to be consistent 
with this practice by allowing 25 hp motors with an attached jet unit 
and 18 hp motors fitted with a propeller.

Seasonal Closures on the Upper Sections of River

    Existing regulations allow 10 hp motors in the upper section of the 
Current River from May 1 through September 15, and in the upper section 
on the Jacks Fork river from March 1 to the Saturday before Memorial 
Day. 36 CFR 7.83(a)(3)(iii)-(iv). This proposed rule would prohibit 
motorized vessels in these sections during peak season. This would 
include vessels using only a trolling motor. This closure would apply 
to the full extent of the upper sections of each river, from the 
northern boundary downstream to Round Spring on the Current River, and 
from the western boundary downstream to the boundary at West Eminence 
on the Jacks

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Fork River. Existing regulations apply the seasonal 10 hp limit above 
Akers Ferry on the Current River and above Bay Creek on the Jacks Fork 
River, even though during off-peak seasons the 25 hp limits on the 
upper sections of each river apply downstream to Round Spring on the 
Current River, and from the western boundary downstream to the boundary 
at West Eminence on the Jacks Fork River.
    Peak season would be defined as beginning on the day after the last 
day of beaver trapping season (usually around April 1) and ending on 
the day before the first day of gigging season for nongame fish 
(usually around September 15). These dates are determined annually by 
the Missouri Department of Conservation. Defining peak season in this 
manner, rather than using fixed dates, would allow visitors to use 
motorboats for lawful trapping and gigging activities without 
interfering with nonmotorized vessels (e.g., tubes, rafts, kayaks and 
canoes) when they are most popular. These upper sections of river are 
very narrow and shallow and do not receive heavy use from motorized 
vessels even during trapping and gigging seasons. A nonmotorized season 
would provide opportunities for solitude and connection with nature 
that are not currently available during weekends and holidays in the 
summer. Visitors would be able to intimately experience conditions 
reminiscent of those that existed when the Riverways was established. 
The seasonal closures would also eliminate safety concerns and 
conflicts that arise when motorized and nonmotorized user groups are 
both present in these areas.

Maximum Horsepower Limit on the Lower Section of River

    Existing regulations do not impose a horsepower limit on the lower 
section of the Current River. The proposed rule would establish new 
horsepower limits in this section. The proposed rule would allow motors 
with propellers up to 105 hp. For the same reason that 60 hp motors 
would be allowed in the middle sections of the Current and Jacks Fork 
Rivers if they are equipped with jet propulsion systems, the proposed 
rule would allow 150 hp motors in the lower section of the Current 
River if they are similarly equipped. These limits are higher than the 
limits that would apply in the upper and middle sections of the rivers 
because the river below Big Spring is much broader and deeper. 
Currently, vessels with 225-300 hp motors are operating in this section 
of river. Motors such as these that are larger than the proposed limits 
of 150/105 hp generate greater speed (some in excess of 50 mph), larger 
wakes, and require more space to operate. This results in serious 
safety concerns and conflicts with other users of the river, including 
canoers, tube floaters, swimmers, and anglers.

Other Changes

    The proposed rule would revise Sec.  7.83(a)(1) of the existing 
special regulations to clarify that only motorized vessels with one 
outboard motor are allowed in the Riverways. The proposed rule would 
clarify that the motor count does not include electric trolling motors, 
which could accompany a vessel with a single outboard motor. For 
clarity, the revisions would define the terms ``inboard motor'' and 
``outboard motor'' and state that the use of inboard engines and 
personal watercraft are prohibited.
    The proposed rule would allow the Superintendent to issue a permit 
for the operation of vessels with motors more powerful than the 
horsepower limits established by the proposed rule. This would allow 
the Superintendent to make exceptions in limited circumstances, such as 
when the NPS issues permits to the Missouri Department of Fish and Game 
for research activities on the rivers that, for safety or other 
reasons, require more power than is allowed by the proposed rule.
    The proposed rule would also include a provision establishing the 
Superintendent's authority to restrict or impose conditions on the use 
of motorized vessels, or close any portion of the Riverways to 
motorized vessels, after taking into consideration public safety, 
protection or park resources, weather conditions and park management 
objectives, provided public notice is given using one or more of the 
methods identified in 36 CFR 1.7. This would clarify the 
Superintendent's authority to respond to emerging technologies or other 
unforeseen circumstances in order to help maintain a safe and enjoyable 
experience for visitors to the Riverways.

Notice of Horsepower Restrictions

    Maps indicating the horsepower limits in the various portions of 
the rivers would be located at Riverways headquarters in Van Buren, MO 
and on the Riverways' website (www.nps.gov/ozar). The Superintendent 
would notify the public of the start and end dates for peak season 
through one or more of the methods listed in 36 CFR 1.7. The proposed 
rule would also add a table to the special regulations that identifies 
each section of river and the applicable horsepower restrictions for 
that section during peak and non-peak seasons.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this proposed 
rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. The NPS has developed this 
proposed rule in a manner consistent with these requirements.

Regulatory Flexibility Act (RFA)

    This proposed rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). This certification is based on the cost-benefit and regulatory 
flexibility analyses found in the report entitled ``Draft Cost-Benefit 
and Regulatory Flexibility Threshold Analyses: Proposed Special 
Regulations Governing the Use of Motorized Vessels within Ozark 
National Scenic Riverways'' that can be found on the Riverways' 
planning website at http://parkplanning.nps.gov/ozar, by clicking the 
link entitled ``Archived Projects,'' and the clicking on the link 
entitled ``General Management Plan, Wilderness Study, Environmental 
Impact Statement'' and then clicking the link entitled ``Document 
List.''

Congressional Review Act (CRA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
CRA. This proposed rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers,

[[Page 416]]

individual industries, federal, state, or local government agencies, or 
geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA)

    This proposed rule does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The proposed rule does not have a significant or 
unique effect on state, local or tribal governments or the private 
sector. It addresses public use of NPS-administered waters, and imposes 
no requirements on other agencies or governments. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. Access 
to private property adjacent to the recreation area will not be 
affected by this proposed rule. A takings implication assessment is not 
required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism summary impact statement. The 
proposed rule is limited in effect to federal lands managed by the NPS 
and would not have a substantial direct effect on state and local 
government. A Federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this proposed rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain any new collections of 
information that require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act. An agency may not 
conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act of 1969 (NEPA)

    The proposed rule would implement a portion of the preferred 
alternative (Alternative B) for the Riverways described in the Final 
General Management Plan/Wilderness Study/Environmental Impact Statement 
(GMP/EIS), which constitutes a major Federal action significantly 
affecting the quality of the human environment. The NPS prepared the 
GMP/EIS under the NEPA. The NPS released a Draft GMP/EIS that was 
available for public review and comment from November 8, 2013 through 
February 7, 2014. The NPS released the final GMP/EIS in December 2014. 
On January 22, 2015, the Regional Director of the Department of the 
Interior Unified Regions 3, 4, and 5 (formerly the Midwest Region) 
signed a Record of Decision (ROD) identifying the preferred alternative 
as the selected action. The GMP/EIS describes the purpose and need for 
the plan, the alternatives considered, the scoping process and public 
participation, the affected environment and environmental consequences, 
and consultation and coordination. Copies of the GMP/EIS and ROD can be 
found on the Riverways' planning website at http://parkplanning.nps.gov/ozar, by clicking the link entitled ``Archived 
Projects,'' and the clicking on the link entitled ``General Management 
Plan, Wilderness Study, Environmental Impact Statement'' and then 
clicking the link entitled ``Document List.''

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. The NPS has evaluated 
this proposed rule under the Department's consultation policy and under 
the criteria in Executive Order 13175 and has determined that it has no 
substantial direct effects on federally recognized Indian tribes and 
that consultation under the Department's tribal consultation policy is 
not required.
    The NPS consulted with culturally affiliated American Indian tribes 
on the development of the GMP/EIS, including meetings in Oklahoma and 
Missouri in 2003, 2006, 2010. The NPS invited all tribal 
representatives to visit the Riverways and to actively participate in 
the GMP/EIS planning process. As part of ongoing government-to-
government relations, NPS staff will continue to consult with 
affiliated tribes about planning and other actions in the Riverways 
that could affect the tribes. NPS staff will further consult with 
regard to specific actions and undertakings arising from the GMP/EIS 
that are proposed for future implementation. When appropriate, NPS 
staff provide technical assistance to the tribes, including sharing 
information and resources, to address problems and issues of mutual 
concern.

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211. The proposed rule is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, and the Administrator of OIRA has not designated the 
proposed rule as a significant energy action. A Statement of Energy 
Effects is not required.

Clarity of This Proposed Rule

    The NPS is required by Executive Orders 12866 (section 1(b)(12)), 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each proposed rule the NPS publishes must:

    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.

    If you feel that the NPS has not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section above. 
To better help us revise the proposed rule, your comments should be as 
specific as possible. For example, you should tell us the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your

[[Page 417]]

personal identifying information--may be made publicly available at any 
time.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.

0
2. In Sec.  7.83:
0
a. Redesignate paragraphs (a), (b), (c), (d) and (e) as paragraphs (b), 
(c), (d), (e) and (f).
0
b. Add a new paragraph (a).
0
c. Revise newly designated paragraph (b) to read as follows:


Sec.  7.83  Ozark National Scenic Riverways.

    (a) Definitions. The following definitions apply to this section 
only:
    Inboard motor means a marine propulsion system that is enclosed 
within the hull of the vessel.
    Maximum horsepower means the maximum horsepower produced by the 
engine's powerhead. This measurement may be different than the maximum 
horsepower at the final output or the maximum horsepower rated by the 
manufacturer.
    Off-peak season means anytime that is not during peak season.
    Outboard motor means a marine propulsion system that is mounted on 
the exterior of the vessel's hull.
    Peak season means a period of time:
    (i) Beginning on the day after the last day of beaver trapping 
season, as determined by the Missouri Department of Conservation; and
    (ii) Ending on the day before the first day of gigging season for 
nongame fish, as determined by the Missouri Department of Conservation.
    (b) Restrictions for motorized vessels. (1) On waters situated 
within the boundaries of Ozark National Scenic Riverways, the use of 
motorized vessels is limited to vessels equipped with one outboard 
motor, not including an electric trolling motor. The use of inboard 
engines and personal watercraft are prohibited.
    (2) The use of a motorized vessel is allowed on the Current River 
according to the seasonal restrictions and maximum horsepower limits 
set forth in Table 1 to paragraph (b)(2).

                       Table 1 to Paragraph (b)(2)
------------------------------------------------------------------------
                                                      Maximum horsepower
        Section of river          Maximum horsepower    during off-peak
                                  during peak season        season
------------------------------------------------------------------------
Current River:
    Upper Section: Northern       Motorized vessels   25 hp (motor with
     boundary downstream to        prohibited.         jet unit); 18 hp
     Round Spring.                                     (motor with
                                                       propeller).
    Middle Section: Round Spring  60 hp (motor with   60 hp (motor with
     downstream to Big Spring.     jet unit); 40 hp    jet unit); 40 hp
                                   (motor with         (motor with
                                   propeller).         propeller).
    Lower Section: Big Spring     150 hp (motor with  150 hp (motor with
     downstream to southern        jet unit); 105 hp   jet unit); 105 hp
     boundary.                     (motor with         (motor with
                                   propeller).         propeller).
------------------------------------------------------------------------

    (3) The use of a motorized vessel is allowed on the Jacks Fork 
River according to the seasonal restrictions and maximum horsepower 
limits set forth in Table 1 to paragraph (b)(3):

                       Table 1 to Paragraph (b)(3)
------------------------------------------------------------------------
                                                      Maximum horsepower
        Section of river          Maximum horsepower    during off-peak
                                  during peak season        season
------------------------------------------------------------------------
Jacks Fork River:
    Upper Section: Western        Motorized vessels   25 hp (motor with
     boundary downstream to the    prohibited.         jet unit); 18 hp
     boundary at West Eminence.                        (motor with
                                                       propeller).
    Middle Section: Boundary at   60 hp (motor with   60 hp (motor with
     East Eminence downstream to   jet unit); 40 hp    jet unit); 40 hp
     Two Rivers.                   (motor with         (motor with
                                   propeller).         propeller).
------------------------------------------------------------------------

    (4) The maximum horsepower limits in this section may be exceeded 
pursuant to a written permit issued by the Superintendent.
    (5) Maps indicating the horsepower limits in the various portions 
of the rivers are located at park headquarters in Van Buren, MO and on 
the Ozark National Scenic Riverways website. Designated access points 
will mark the boundaries of the upper, middle, and lower sections of 
river. The Superintendent will notify the public of the designated 
access points through one or more of the methods listed in Sec.  1.7 of 
this chapter.
    (6) Operating a motorized vessel in a manner not allowed by this 
paragraph (b) is prohibited.
    (7) The Superintendent may restrict or impose conditions on the use 
of motorized vessels, or close any portion of the Riverways to 
motorized vessels, after taking into consideration public safety, 
protection or park resources, weather conditions and park management 
objectives. The Superintendent will provide notice of any such action 
by one or more of the methods listed in Sec.  1.7(a) of this chapter.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2021-28509 Filed 1-4-22; 8:45 am]
BILLING CODE 4312-EJ-P


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