58102 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 

hearing on objections and challenges 

shall continue from day to day until 

completed unless the Regional Director 

concludes that extraordinary 

circumstances warrant otherwise. Any 

hearing pursuant to this section shall be 

conducted in accordance with the 

provisions of §§ 102.64, 102.65, and 

102.66, insofar as applicable. Any party 

shall have the right to appear at the 

hearing in person, by counsel, or by 

other representative, to call, examine, 

and cross-examine witnesses, and to 

introduce into the record evidence of 

the significant facts that support the 

party’s contentions and are relevant to 

the objections and determinative 

challenges that are the subject of the 

hearing. The Hearing Officer may rule 

on offers of proof. Post-hearing briefs 

shall be filed only upon special 

permission of the Hearing Officer and 

within the time and addressing the 

subjects permitted by the Hearing 

Officer. Upon the close of such hearing, 

the Hearing Officer shall prepare and 

cause to be served on the parties a 

report resolving questions of credibility 

and containing findings of fact and 

recommendations as to the disposition 

of the issues. Any party may, within 10 

business days from the date of issuance 

of such report, file with the Regional 

Director an original and one copy of 

exceptions to such report, with 

supporting brief if desired. A copy of 

such exceptions, together with a copy of 

any brief filed, shall immediately be 

served on the other parties and a 

statement of service filed with the 

Regional Director. Within 5 business 

days from the last date on which 

exceptions and any supporting brief 

may be filed, or such further time as the 

Regional Director may allow, a party 

opposing the exceptions may file an 

answering brief with the Regional 

Director. An original and one copy shall 

be submitted. A copy of such answering 

brief shall immediately be served on the 

other parties and a statement of service 

filed with the Regional Director. Extra 

copies of electronically-filed papers 

need not be filed. The Regional Director 

shall thereupon decide the matter upon 

the record or make other disposition of 

the case. If no exceptions are filed to 

such report, the Regional Director, upon 

the expiration of the period for filing 

such exceptions, may decide the matter 

forthwith upon the record or may make 

other disposition of the case. 

* * * * * 

Dated: August 18, 2023. 

Roxanne L. Rothschild, 

Executive Secretary. 

[FR Doc. 2023–18129 Filed 8–24–23; 8:45 am] 

BILLING CODE 7545–01–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 515 

Cuban Assets Control Regulations 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

■ In Title 31 of the Code of Federal 

Regulations, Part 500 to End, revised as 

of July 1, 2022, in section 515.570, in 

paragraph (d), remove ‘‘§ 515.565(d)’’ in 

both places where it appears and add in 

its place ‘‘§ 515.565(f)’’. 

[FR Doc. 2023–18455 Filed 8–24–23; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0682] 

Special Local Regulation; Olympia 

Harbor Days Tug Boat Races, Budd 

Inlet, WA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the Olympia 

Harbor Days Tug Boat Races, Budd Inlet, 

WA, from 11 a.m. until 4 p.m. on 

September 2, 2023. This action is 

necessary to prevent injury and to 

protect life and property of the maritime 

public from the hazards associated with 

the tug boat races. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulations in 33 CFR 

100.1309 will be enforced from 11 a.m. 

until 4 p.m. on September 2, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Peter McAndrew, 

Sector Puget Sound Waterways 

Management Division, U.S. Coast 

Guard; telephone 206–217–6045, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.1309 for the 

Olympia Harbor Days Tug Boat Races, 

Budd Inlet, WA, regulated area from 11 

a.m. until 4 p.m. on September 2, 2023. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event. District Thirteen 

regulation 33 CFR 100.1309(a) specifies 

the location of the regulated area which 

encompasses approximately 2 nautical 

miles of the navigable waters in Budd 

Inlet. During the enforcement periods, if 

you are the operator of a vessel in the 

regulated area you must comply with 

directions from the Patrol Commander 

or any Official Patrol displaying a Coast 

Guard ensign. All persons or vessels 

who desire to enter the race area while 

it is enforced must obtain permission 

from the on-scene patrol craft on VHF– 

FM channel 16. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard will provide notification of 

this enforcement period via the Local 

Notice to Mariners. If the Captain of the 

Port determines that the regulated area 

need not be enforced for the full 

duration stated in this notification, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

regulated area. 

Dated: August 21, 2023. 

Y Moon, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, Sector Puget Sound. 

[FR Doc. 2023–18327 Filed 8–24–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0891] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Mill 

Neck Creek, Bayville, NY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the Bayville 

Highway Bridge across the Mill Neck 

Creek, mile 0.1, at Bayville, NY. This 

action is necessary to allow the bridge 

owner to complete the remaining 

replacements and repairs. 

DATES: This temporary interim rule is 

effective from August 25, 2023, through 

January 31, 2024. 


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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 58103 

Comments and related material must 

reach the Coast Guard on or before 

September 25, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2022–0891) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Stephanie E. Lopez, Bridge 

Management Specialist, First Coast 

Guard District; telephone (212) 514– 

4335, email Stephanie.E.Lopez@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

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 interim 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), 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. This bridge is operating 

under single leaf openings and will 

continue to operate in this way until 

rehabilitation work can be completed in 

January 2024. 

On May 10, 2022, the Coast Guard 

issued a General Deviation which 

allowed the bridge owner, Nassau 

County, to deviate from the current 

operating schedule in 33 CFR 117.800 to 

conduct major mechanical rehabilitation 

of the bridge. Due to delays in procuring 

materials, the project has run past the 

end date of April 12, 2023, of the 

General Deviation. The bridge cannot be 

brought back to operating condition 

until the completion of the mechanical 

rehabilitation. Therefore, there is 

insufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the 

modification. 

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

Guard finds that good cause exists for 

making it effective in less than 30 days 

after publication in the Federal 

Register. For reasons presented above, 

delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest because the bridge is 

currently incapable of normal 

operations and will not be back into full 

operation until the rehabilitation work 

can be completed. 

We are soliciting comments on this 

rulemaking. If the Coast Guard 

determines that changes to the 

temporary interim rule are necessary, 

we will publish a temporary final rule 

or other appropriate document. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this 

temporary interim rule under authority 

in 33 U.S.C. 499. The Coast Guard is 

modifying the operating schedule that 

governs the Bayville Highway Bridge 

across the Mill Neck Creek, mile 0.1, 

Bayville, New York. The Bayville 

highway bridge has a vertical clearance, 

in the closed position, of 9 feet at mean 

high water and unlimited vertical 

clearance when opened. 

The existing drawbridge regulation, 

33 CFR 117.800, states that the draw of 

the Bayville highway bridge, mile 0.1, 

shall open on signal from May 1 through 

October 31 and at all other times at least 

two-hour advance notice. Nassau 

County, the bridge owner, has requested 

to operate under single leaf openings so 

they may continue rehabilitation on the 

bridge while providing minimal impact 

on marine traffic. 

IV. Discussion of the Rule 

The Coast Guard is issuing this rule, 

which permits a temporary deviation 

from the operating schedule that 

governs the Bayville Highway Bridge 

across the Mill Neck Creek, mile 0.1, 

Bayville, New York. The rule is 

necessary to accommodate the 

completion of the bridge mechanical 

repairs. This rule allows the bridge to 

operate under single leaf openings until 

January 31, 2024. Vessels that can 

transit under the bridge without an 

opening may do so. 

V. Regulatory Analyses 

We developed this temporary interim 

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. 

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 temporary interim rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866, as amended by Executive 

Order 14094 (Modernizing Regulatory 

Review). Accordingly, the temporary 

interim rule has not been reviewed by 

the Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge through a single 

leaf operation as well as all vessels that 

do not require an opening may transit. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 would not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section V.A. above, this rule 

would not have a significant economic 

impact on any vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment explaining 

why you think it qualifies and how and 

to what degree this rule would 

economically affect it. 

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 contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 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 calls for no new collection 

of information under the Paperwork 


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58104 Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 

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 would 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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges. Normally 

such actions are categorically excluded 

from further review, under paragraph 

L49, of Chapter 3, Table 3–1 of the U.S. 

Coast Guard Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal DecisionMaking Portal at https://

www.regulations.gov. To do so, go to 

https://www.regulations.gov, type 

USCG–2022–0891 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the ‘‘Search Results’’ 

column, and click on it. Then click on 

the ‘‘Comment’’ option. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

To view documents mentioned in this 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the rule. We may choose not to post offtopic, inappropriate, or duplicate 

comments that we receive. Additionally, 

if you click on the ‘‘Dockets’’ tab and 

then the rule, you should see a 

‘‘Subscribe’’ option for email alerts. 

Selecting this option will enable 

notifications when comments are 

posted, or if/when a final rule is 

published. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1, Revision 

No. 01.3. 

§ 117.800 [Stayed] 

■ 2. Stay § 117.800. 

■ 3. Add § 117.T800 to read as follows: 

§ 117.T800 Mill Neck Creek. 

The draw shall operate on single leaf 

operations from August 25, 2023, to 

11:59 p.m. on January 31, 2024. 

Dated: August 20, 2023. 

J.W. Mauger, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2023–18324 Filed 8–24–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2023–0572] 

RIN 1625–AA00 

Safety Zone; Lake of the Ozarks, Mile 

Marker 8, Lake Ozark, MO 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within a 560-foot 

radius of a fireworks launch barge at 

Mile Marker (MM) 8 on Lake of the 

Ozarks. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by the fireworks 

display. Entry of vessels or persons into 

the zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Upper Mississippi River 

or a designated representative. 

DATES: This rule is effective from 9 p.m. 

on August 25, 2023, through 9:30 p.m. 

on August 26, 2023. This rule will be 

enforced from 9 p.m. to 9:30 p.m. on 

August 25, 2023, or, if necessary due to 

inclement weather, on August 25, from 

9 p.m. to 9:30 p.m. on August 26, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 


ddrumheller on DSK120RN23PROD with RULES1