58106 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 

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, 

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 safety 

zone encompassing lasting from 9 p.m. 

to 9:30 p.m. that will prohibit entry 

around a 560 ft radius of a fireworks 

barge at Lake of the Ozarks MM 8. 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.T08–0572 to read as 

follows: 

§ 165.T08–0572 Safety Zone; Lake of the 

Ozarks, Mile Marker 8. 

(a) Location. The following area is a 

safety zone: all navigable waters 

extending 560 feet in all directions 

around a firework launch barge at Mile 

Marker 8 in the main channel on the 

Lake of the Ozarks. 

(b) Regulations. (1) In accordance 

with the general safety zone regulations 

in § 165.23, entry of persons or vessels 

into this safety zone described in 

paragraph (a) of this section is 

prohibited unless authorized by the 

COTP or a designated representative. 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 

USCG Sector Upper Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through USCG Sector Upper 

Mississippi River at 314–269–2332. 

Persons and vessels permitted to enter 

the safety zone must comply with all 

lawful orders or directions issued by the 

COTP or designated representative. 

(c) Informational broadcasts. 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, as well as reductions in 

size or scope of the safety zone through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Safety Marine Information 

Broadcast (SMIB) as appropriate. 

(d) Enforcement period: This safety 

zone will be enforced from 9 p.m. to 

9:30 p.m. on August 25, 2023, with a 

rain date of August 26, 2023. 

Dated: August 22, 2023. 

A.R. Bender, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2023–18372 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–2023–0640] 

RIN 1625–AA00 

Safety Zone; Lake Erie, Black River, 

Lorain, OH, South of East Erie Avenue 

Bridge Adjacent to Black River 

Landing 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will be 

establishing a temporary safety zone for 

certain waters of Lake Erie. This action 

is necessary to provide for the safety of 

life on waters of the Black River, a 

tributary of Lake Erie, during the 

Cleveland Dragon Boat Festival. This 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Buffalo or a designated 

representative. 

DATES: This rule is effective from 7:45 

a.m. through 5:15 p.m. on September 10, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0640 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 Lieutenant Jared Stevens, 

Waterways Management Division, MSU 

Cleveland, U.S. Coast Guard; telephone 

216–937–0124, email Jared.M.Stevens@

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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 58107 

§ 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 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to 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 

delaying the effective date of this rule to 

wait for a comment period to run would 

be contrary to the public interest by 

inhibiting the Coast Guard’s ability to 

protect participants in these navigable 

waters before, during, and after the boat 

festival. 

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 to wait for a comment period 

to run would be contrary to the public 

interest by inhibiting the Coast Guard’s 

ability to protect participants in these 

navigable waters before, during, and 

after the Cleveland Dragon Boat 

Festival. 

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 (COTP) has 

determined that a safety zone is needed 

to protect the participants during the 

Cleveland Dragon Boat Festival 

occurring on the Black River in Lorain, 

Ohio, on September 10, 2023. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7:45 a.m. until 5:15 p.m. on 

September 10, 2023. The safety zone 

will cover all navigable waters of the 

Black River, a tributary of Lake Erie in 

Lorain, Ohio, south of East Erie Avenue 

Bridge and adjacent to the Black River 

Landing. The duration of the zone is 

intended to ensure the safety of 

participants in these navigable waters 

before, during, and after the Cleveland 

Dragon Boat Festival. Dates and times of 

enforcement will be made public via 

broadcast notice to mariners prior to the 

event. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

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 size, location, and duration 

of the rule. This safety zone will restrict 

navigation through the boat festival 

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, 

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. 


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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