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 


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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 58111 

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 

publishing an NPRM would be 

impracticable. A safety zone is needed 

to alleviate safety concerns associated 

with a fireworks display that is being 

launched from two barges in the Ohio 

River. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by September 12, 2023, and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. 

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 

we must establish the safety zone by 

September 12, 2023, in order to protect 

personnel, vessels, and the marine 

environment from the potential safety 

hazards associated with a fireworks 

display that is being launched from two 

barges in the Ohio River. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that safety 

needs associated with a fireworks 

display on September 12, 2023, present 

a safety concern. The purpose of this 

rulemaking is to ensure the safety of the 

public surrounding the regulated area 

before, during, and after the fireworks 

event. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced from 7:30 p.m. until 

8:15 p.m. on September 12, 2023. The 

safety zone will cover all navigable 

waters between mile markers 322.5 to 

323 on the Ohio River. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

during the fireworks display. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. A 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 COTP in 

the enforcement of the safety zone. 

Persons or vessels seeking to enter the 

safety zone must request permission 

from the COTP on VHF–FM channel 16 

or by telephone at 1–502–779–5424. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the COTP or designated 

representative. 

The COTP or a designated 

representative will inform the public of 

the enforcement times and date for this 

safety zone through Broadcast Notices to 

Mariners, Local Notices to Mariners, 

and/or Safety Marine Information 

Broadcasts 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 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the regulated area. 

This rule is limited to the Ohio River 

from mile 322.5 to 323 on September 12, 

2023, and will be enforced only for a 

forty-five-minute duration. Moreover, 

the Coast Guard will issue Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the regulated area and 

the rule allows vessels to seek 

permission to enter the area. 

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 

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, 


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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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