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:// 


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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations 58105 

www.regulations.gov, type USCG–2023– 

0572 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 MSTC Nathaniel Dibley, Sector 

Upper Mississippi River Waterways 

Management Division, U.S. Coast 

Guard; telephone 314–269–2550, email 

Nathaniel.D.Dibley@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 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 safety zone by 

August 25, 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 contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

fireworks display on the Lake of the 

Ozarks. 

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 Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the Super Cat Fireworks 

Display, on August 25, 2023, will be a 

safety concern for anyone within the 

fallout zone. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone during the 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 p.m. until 9:30 p.m. on August 

25, 2023. The safety zone will cover all 

navigable waters within a 560-foot 

radius of a fireworks launch barge 

located at mile marker 8 on the Lake of 

the Ozarks. 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 transit the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

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 the size of the safety zone 

through Local Notice to Mariners 

(LNMs), Broadcast Notices to Mariners 

(BNMs), and/or Safety Marine 

Information Broadcast (SMIB), 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, duration and 

location of the safety zone. The safety 

zone is for a fireworks display that 

impacts a 560 ft radius of a fireworks 

barge located at Lake of the Ozarks MM 

8 on August 25, 2023 from 9 p.m. to 

9:30 p.m. Moreover, the Coast Guard 

will issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the safety zone, mariners may 

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 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator because the zone will be 

enforced only when work is being 

conducted. 

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 


ddrumheller on DSK120RN23PROD with RULES1
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