58112 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 

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 

establishing a temporary safety zone 

lasting only forty-five minutes on the 

Ohio River at mile 322.5 to 323 on 

September 12, 2023. 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.T08–0707 to read as 

follows: 

§ 165.T08–0707 Safety Zone; Ohio River, 

Mile Markers 322.5 to 323, Ashland, KY. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Ohio River from mile marker 317 to 

mile marker 317.5, extending the entire 

width of the river. 

(b) Definitions. Designated 

representative means a Coast Guard 

Patrol Commander (PATCOM), 

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 Ohio Valley 

(COTP) in the enforcement of the 

regulations in this section. 

(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. 

The Coast Guard may patrol the event 

area under the direction of a designated 

Coast Guard Patrol Commander. 

(2) To seek permission to enter, the 

COTP or the COTP’s representative may 

be contacted on Channel 16 VHF–FM 

(156.8 MHz) by the call sign 

‘‘PATCOM’’, or phone at 1–606–923– 

4884. 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 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. 

(4) 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. 

(5) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners and 

broadcast notice to mariners and by onscene designated representatives. 

(d) Enforcement period. This section 

will be enforced from 7:30 p.m. to 8:15 

p.m. on September 12, 2023. 

Dated: August 17, 2023. 

H.R. Mattern, 

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

Port Sector Ohio Valley. 

[FR Doc. 2023–18374 Filed 8–24–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0695] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulations; correction. 

SUMMARY: This document corrects dates 

in a notification of enforcement 

published June 27, 2023. The Coast 

Guard will enforce a safety zone that 

encompasses certain navigable waters of 

the Cleveland Inner Harbor East Basin 

on Lake Erie, for the 2023 Cleveland 

National Airshow in Cleveland, Ohio. 

This action is necessary and intended 

for the safety of life and property on the 

navigable waters during this event. 

During the enforcement periods, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo or a designated representative. 

DATES: The regulations listed in 33 CFR 

165.939, Table 165.939(d)(2) will be 

enforced from 8 a.m. through 6 p.m. on 

Wednesday August 30, 2023, through 

Monday September 4, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT Jared 

Stevens, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce ‘‘Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone’’, as listed in 33 CFR 

165.939, Table 165.939(d)(2). This safety 

zone will be enforced for all U.S. waters 

of Lake Erie near Burke Lakefront 

Airport in Cleveland, Ohio from 

position 41°30′20′′ N and 081°42′20′′ W 

to 41°30′50′′ N and 081°42′49′′ W, to 

41°32′09′′ N and 081°39′49′′ W, to 

41°31′53′′ N and 081°39′24′′ W, then 

return to the original position (NAD 83). 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 


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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 58113 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or his designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone needs not be enforced for 

the full duration stated in this notice, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

respective safety zone. 

Dated: August 17, 2023. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2023–18273 Filed 8–24–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 230810–0190] 

RIN 0648–BL95 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Framework 

Adjustment 65 

Correction 

In rule document 2023–17592, 

beginning on page 56527 in the of 

Friday, August 18, 2023, make the 

following correction: 

§ 648.86 [Corrected] 

■ 1. On page 56543, in the first column, 

in amendatory instruction number 3, in 

the seventh line, ‘‘In § 648.86, revise 

paragraph I to read as follows’’ should 

read ‘‘In § 648.86, revise paragraph (c) to 

read as follows’’ 

§ 648.87 [Corrected] 

■ 2. On page 56543, in the first column, 

in amendatory instruction number 4b, 

in the twenty-fifth line, ‘‘Remove 

paragraphs I(2)(i)(A) and (B)’’ should 

read ‘‘Remove paragraphs (c)(2)(i)(A) 

and (B)’’ 

[FR Doc. C1–2023–17592 Filed 8–24–23; 8:45 am] 

BILLING CODE 0099–10–D 


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