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.

Proposed Rules Federal Register

413 

Vol. 87, No. 3 

Wednesday, January 5, 2022 

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. 

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: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• 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; lindel_gregory@nps.gov. 

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 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 


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

1This is consistent with the International Council 

of Marine Industry Association’s Standard 28–83. 

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. 

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 

§ 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 costbenefit 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, 


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

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-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 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 


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

■ 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), (b), (c), 

(d) and (e) as paragraphs (b), (c), (d), (e) 

and (f). 

■ b. Add a new paragraph (a). 

■ c. Revise newly designated paragraph 

(b) to 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 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) 

Section of river Maximum horsepower during peak season Maximum horsepower during off-peak season 

Current River: 

Upper Section: Northern boundary downstream to Round Spring.Motorized vessels prohibited ............................ 25 hp (motor with jet unit); 18 hp (motor with 

propeller). 

Middle Section: Round Spring downstream 

to Big Spring.

60 hp (motor with jet unit); 40 hp (motor with 

propeller).

60 hp (motor with jet unit); 40 hp (motor with 

propeller). 

Lower Section: Big Spring downstream to 

southern boundary.

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 1 to paragraph (b)(3): 

TABLE 1 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 downstream to the boundary at West Eminence.Motorized vessels prohibited ............................ 25 hp (motor with jet unit); 18 hp (motor with 

propeller). 

Middle Section: Boundary at East Eminence 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 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 

§ 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 § 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 


TKELLEY on DSK125TN23PROD with PROPOSED RULES