56766 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 

calculating the percent of vouchers that 

may be project-based by a PHA. 

b. Owner Proposal Selection 

Procedures: Provisions affected: A PHA 

must give written public notice of the 

opportunity to submit site and owner 

proposals for selection to receive project 

base vouchers from the Housing Choice 

Voucher program. Waiver: HUD is 

waiving the provisions of 24 CFR 

983.51. Alternative requirements: HUD 

is establishing alternative requirements 

that a RAD PBV HAP contract is never 

subject to competitive selection 

requirements. 

IV. Program Notice Availability 

The RAD Supplemental Notice 4B (H– 

2023–08/PIH–2023–19 (HA)) can be 

found on RAD’s website, www.hud.gov/ 

rad. 

V. Finding of No Significant Impact 

A Finding of No Significant Impact 

with respect to the environment has 

been completed in accordance with 

HUD regulations in 24 CFR part 50 that 

implement section 102(2)(C) of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4332(2)(C)). The 

Finding is available for public 

inspection during regular business 

hours in the Regulations Division, 

Office of General Counsel; Department 

of Housing and Urban Development; 

451 7th Street SW, Room 10276, 

Washington, DC 20410–0500. Due to 

security measures at the HUD 

Headquarters building, please schedule 

an appointment to review the Finding 

by calling the Regulations Division at 

202–402–3055 (this is not a toll-free 

number). HUD welcomes and is 

prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as individuals with 

speech and communication disabilities. 

To learn more about how to make an 

accessible telephone call, please visit 

https://www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

Julia R. Gordon, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

Richard J. Monocchio, 

Principal Deputy Assistant Secretary for 

Public and Indian Housing. 

[FR Doc. 2023–17737 Filed 8–18–23; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2023–0671] 

RIN 1625–AA08 

Special Local Regulation; Glass City 

Glowtacular, Maumee River: Toledo, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will 

establish and enforce a special local 

regulation for the Glass City 

Glowtacular. This special local 

regulation is necessary to safely control 

vessel movements in the vicinity of the 

paddle event, provide for the safety of 

the general boating public, and 

commercial shipping. During this 

enforcement period, no person or vessel 

may enter the regulated area without the 

permission of the Coast Guard Patrol 

Commander. 

DATES: This special local regulation will 

be enforced from 7 p.m. through 11 p.m. 

on September 16, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0671 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 MST1 Karl Dirksmeyer, Marine 

Safety Unit Toledo, Coast Guard; 

telephone (419) 392–0324, email D09- 

SMB-MSUToledo-WWM@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 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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 we 

must establish this special local 

regulation by September 16, 2023. 

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 regulation would be impracticable. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. The 

Captain of the Port Detroit (COTP) has 

determined that potential hazards 

associated with the Glass City 

Glowtacular on September 16, 2023, 

will be a safety concern within all 

waters of the Maumee River from 

Middlegrounds Metro Park down river 

to the Glass City Metro Park for four 

hours. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

near the Middlegrounds and Glass City 

Metro Parks, Toledo, OH. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 7:00 p.m. through 11:00 

p.m. on September 16, 2023. In light of 

the aforementioned hazards, the COTP 

has determined that a special local 

regulation is necessary to protect 

spectators, vessels, and participants. 

The special local regulation will 

encompass the following waterway: all 

U.S. navigable waters of the Maumee 

River in Toledo, OH, between the 

Middleground Metro Park, and the Glass 

City Metro Park. The COTP or his 

designated on-scene representative will 

notify the public of the enforcement of 

this rule by all appropriate means, 

including a Broadcast Notice to 

Mariners. 

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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 56767 

‘‘significant regulatory action,’’ under 

Executive Order 12866. 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 special local 

regulation. Vessel traffic will not be able 

to safely transit around this regulated 

area which would impact a small 

designated area of Maumee River for a 

short duration, during the evening when 

vessel traffic is normally low. Moreover, 

the Coast Guard would issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

and the rule would allow vessels to seek 

permission to enter 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 area 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. 

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 special local 

regulation lasts four hours that will 

prohibit entry of the waters of the 

Maumee River, between the 

Middlegrounds Metro Park and the 

Glass City Metro Park. It is categorically 

excluded from further review under 

paragraph L[61] 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 100 

Marine safety, Navigation (water), 

Reporting and record keeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T09–0671 to read as 

follows: 

§ 100.T09–0671 Special Local Regulations; 

Glass City Glowtacular, Toledo, OH. 

(a) Location. This special local 

regulation in this section lasts 4 hours 

and will limit entry within the 

navigable waters of the Maumee River 

between the Middleground Metro Park 

located at position 41°38′21.4′′ N, 

083°32′0.1′′ W, and the Glass City Metro 

Park at position 41°39′30.5′′ N, 

083°30′58.0′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Enforcement period. The 

regulation in this section will be 

enforced from 7 p.m. through 11 p.m. on 

September 16, 2023. The Captain of the 

Port Detroit will announce specific 

enforcement periods by Broadcast 

Notice to Mariners (BNM). 

(c) Regulations. (1) In accordance with 

the general regulations in § 100.911(b), 

No vessel may enter, transit through, or 

anchor within the regulated area 

without the permission of the Coast 

Guard Patrol Commander. 


lotter on DSK11XQN23PROD with RULES1
56768 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 

(2) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. Vessel operators given permission to 

enter or operate within the regulated 

area must comply with all directions 

given to them by the Coast Guard Patrol 

Commander. 

Dated: August 15, 2023. 

Richard P. Armstrong, 

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

Port Detroit. 

[FR Doc. 2023–17884 Filed 8–18–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0667] 

RIN 1625–AA00 

Safety Zone; Operation Safe Harbor 

Exercise, Mackinaw Island, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of Lake Huron 

between St. Ignace, MI and Mackinaw 

Island, MI. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by aerial and waterborne activities during an emergency 

response exercise. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Sector Sault Sainte 

Marie. 

DATES: This rule is effective from 

September 7, 2023, 7 a.m. through 

September 8, 2023, 6 p.m. local time. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0667 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 about this rule, call 

or email LT Rebecca Simpson, Sector 

Sault Sainte Marie Waterways Division, 

U.S. Coast Guard; telephone 906–635– 

3223, email Rebecca.a.simpson@

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 

COTP Captain of the Port 

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 of the 

potential hazards that exist with respect 

to the exercise. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by September 

7, 2023. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with helicopters carrying 

sling loads across the waterway during 

the exercise. 

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 Sault Sainte 

Marie (COTP) has determined that 

potential hazards associated with a 

Mackinaw County Emergency Exercise 

September 7, 2023, will be a safety 

concern for anyone within a box bound 

by the following four points: 45–53.5′ N 

084–43.52′ W, 45–3.83′ N 084–44′ W, 

45–53.09′ N 084–38.78′ W, 45–52.22′ N, 

084–38.94′ W. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

exercise is happening. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

during daylight hours from 7 a.m. 

through 6 p.m. on September 7, 2023, 

and from 7 a.m. through 6 p.m. on 

September 8, 2023. The safety zone will 

cover all navigable waters within a box 

bound by the following four points: 45– 

53.5′ N 084–43.52′ W, 45–3.83′ N 084– 

44′ W, 45–53.09′ N 084–38.78′ W, 45– 

52.22′ N 084–38.94′ W. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the exercise is happening. 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 the size, location, duration, 

and time-of-day for each safety zone. 

Vessel traffic will be able to safely 

transit around all safety zones which 

will impact small designated areas 

within the COTP zone for short 

durations of time. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF channel 16 about the 

zone and the rule allows vessels to seek 

permission to enter 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 


lotter on DSK11XQN23PROD with RULES1