58108 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 

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 the 

establishment of a safety zone that will 

prohibit entry in, out or through 

navigable waters south of the East Erie 

Avenue Bridge and adjacent to the Black 

River Landing, located on the Black 

River in Lorain, OH. It is categorically 

excluded from further review under 

paragraph L63(b) 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.T09–0640 to read as 

follows: 

§ 165.T09–0640 Safety Zone; Lake Erie, 

Black River, Lorain, OH, South of East Erie 

Avenue Bridge Adjacent to Black River 

Landing. 

(a) Location. The safety zone will 

cover all navigable waters south of the 

East Erie Avenue Bridge and adjacent to 

the Black River Landing, located on the 

Black River in Lorain, Ohio, a tributary 

of Lake Erie. 

(b) Enforcement period. This section 

will be enforced from 7:45 a.m. through 

5:15 p.m. on September 10, 2023. 

(c) Definitions. Official patrol vessel 

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 Sector Buffalo (COTP) in the 

enforcement of the regulations in this 

section. Participant means all persons 

and vessels attending the event. 

(d) Regulations. (1) The Coast Guard 

may patrol the event area under the 

direction of a designated Coast Guard 

Patrol Commander. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM.’’ 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a no 

wake speed in a manner which will not 

endanger participants in the event or 

any other craft. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

official patrol vessels in the regulated 

area during the enforcement period 

listed in paragraph (b) of this section 

unless cleared for entry by or through an 

official patrol vessel. 

(5) The Patrol Commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated areas specified in 

this section, but may not anchor in, 

block, or loiter in a navigable channel. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

regulations in this section at the 

conclusion of the event. 

Dated: August 17, 2023. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2023–18326 Filed 8–24–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0660] 

RIN 1625–AA00 

Safety Zone; Ohio River Mile Markers 

79.5–80, Wellsburg, WV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the Ohio River from September 12 

through September 15, 2023, at mile 

marker 79.5 to mile marker 80 from 8 

a.m. through 5 p.m. each day. This 

action is necessary to provide for the 

safety of life on the navigable waters 

during a helicopter operation. This rule 

prohibits persons and vessels from 

being in the safety zone unless 

authorized by the Captain of the Port 

Pittsburgh (COTP) or a designated 

representative. 

DATES: This rule is effective from 8 a.m. 

on September 12, 2023 through 5 p.m. 

on September 15, 2023. This rule will be 

enforced from 8 a.m. through 5 p.m. 

each day it is effective. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0660 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 on this rule, call or 

email LTJG Eyobe Mills, Marine Safety 

Unit Pittsburgh, U.S. Coast Guard, at 

telephone 412–221–0807, email 

Eyobe.D.Mills@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 58109 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest. This safety zone must be 

established by September 12, 2023, to 

provide for the safety of life on the 

navigable waters during a helicopter 

operation, and we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing this rule. The NPRM 

process would delay the establishment 

of the safety zone until after the date of 

the helicopter operation. Vessels inside 

of the safety zone have the potential of 

getting hit by debris from the helicopter. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

action is needed by September 12, 2023, 

to ensure the safety of the of life on the 

navigable waters during a helicopter 

operation. 

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 Pittsburgh (COTP) 

has determined that potential hazards 

associated with a helicopter operation 

on September 12 through September 15, 

2023, will be a safety concern for 

anyone on the Ohio River from mile 

markers 79.5 to mile marker 80 from 8 

a.m. to 5 p.m. The purpose of this rule 

is to ensure safety of the participant, 

vessels, and the navigable waters in the 

safety zone before, during, and after the 

scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone each day from 8 a.m. until 

5 p.m. on September 12 through 

September 15, 2023. The safety zone 

will cover all navigable waters on the 

Ohio River from mile markers 79.5 to 

mile marker 80. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

the navigable waters during an 

installation of nine aerial transverse 

wirelines using a helicopter. 

No vessel or person is permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative of the COTP. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

the COTP. To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through Marine Safety Unit 

Pittsburgh at 412–221–0807. Persons 

and vessels permitted to enter the safety 

zone must comply with all lawful orders 

or directions issued by the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the effective period for the 

safety zone as well as any changes in the 

dates and times of enforcement through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Marine Safety Information 

Bulletins (MSIBs), as appropriate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866, 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 size, location, and duration 

of the temporary safety zone. This safety 

zone only impacts a 0.5 mile stretch on 

the Ohio River for 9 hours each day 

from September 12 through September 

15, 2023. Moreover, the Coast Guard 

will issue Local Notice to Mariners and 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone 

and the rule allows vessels to seek 

permission from the COTP to transit the 

zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

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 


ddrumheller on DSK120RN23PROD with RULES1
58110 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 

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 

temporary safety zone lasting 9 hours 

each day from September 12 through 

September 15, 2023, on the Ohio River. 

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 

Marine Safety, Navigation (water), 

Reporting, and recordkeeping 

requirements, 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.T08–0660 to read as 

follows: 

§ 165.T08–0660 Safety Zone; Ohio River, 

Wellsburg, WV. 

(a) Location. The following area is a 

temporary safety zone on the Ohio River 

from mile marker 79.5 to mile marker 

80. 

(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 Pittsburgh (COTP) in the 

enforcement of the safety zone. 

Designated representative include safety 

boat provided by the event organizers. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative on Channel 16 or at 412– 

670–4288. 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. 

(d) Enforcement period. This section 

will be enforced each day from 8 a.m. 

through 5 p.m. from September 12, 

2023, through September 15, 2023. The 

temporary safety zone will be enforced 

during the 9 hours helicopter operation 

on these days. 

Eric J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port, MSU Pittsburgh. 

[FR Doc. 2023–18347 Filed 8–24–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0707] 

RIN 1625–AA00 

Safety Zone; Ohio River, Mile Markers 

322.5 to 323, Ashland, KY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

a fireworks display occurring on 

September 12, 2023, on the Ohio River, 

Ashland, KY. The safety zone will cover 

all navigable waters between mile 

marker 322.5 and 323 to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with a fireworks event. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. 

DATES: This rule is effective from 7:30 

p.m. through 8:15 p.m. on September 

12, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0707 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 on this rule, call or 

email Petty Officer Chelsea Zimmerman, 

Marine Safety Unit Huntington, U.S. 

Coast Guard, telephone 304–733–0198, 

email Chelsea.M.Zimmerman@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 


ddrumheller on DSK120RN23PROD with RULES1