Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 59453 

(2) Inform the requesting party or 

issuing court. 

(e) If the litigation request or demand 

requires a response before a 

determination can be made, the SSS GC 

or other SSS legal advisor will inform 

the requesting party or the issuing court 

(through the Department of Justice) that 

the request or demand is still under 

consideration. The SSS GC or other SSS 

legal advisor also may seek a stay from 

the court in question until a final 

determination is made. 

(f) Upon making a final determination 

pursuant to § 1660.7(a), the SSS GC or 

other SSS legal advisor will inform the 

requesting party or issuing court. 

(g) If the SSS GC or other SSS legal 

advisor approves the release of official 

information or the presentation of 

witness testimony, personnel will limit 

the disclosure to those matters approved 

by the SSS GC or other SSS legal 

advisor. Personnel may not release, 

produce, comment on, or testify about 

any official information without the 

prior written approval of the SSS GC or 

other SSS legal advisor. 

(h) If a court orders a disclosure that 

the SSS GC or other SSS legal advisor 

previously disapproved or has yet to 

approve, personnel must respectfully 

decline to comply with the court’s order 

unless the SSS GC or other SSS legal 

advisor directs otherwise. 

§ 1660.10 Procedures—fees. 

Parties seeking official information by 

litigation request or demand may be 

charged reasonable fees to reimburse 

expenses associated with the 

Government’s response. These 

reimbursable expenses may include the 

cost of: 

(a) Materials and equipment used to 

search for, copy, and produce 

responsive information. 

(b) Personnel time spent processing 

and responding to the request or 

demand. 

(c) Attorney time spent assisting with 

the Government’s response, to include 

reviewing the request or demand and 

the potentially responsive information. 

§ 1660.11 Procedures—expert or opinion 

testimony. 

In any legal proceeding before the SSS 

or in which the United States (including 

any Federal agency or officer of the 

United States) is a party: 

(a) The SSS GC shall arrange for an 

employee to testify as a witness for the 

United States whenever the attorney 

representing the United States requests 

it. 

(b) SSS personnel may testify for the 

United States both as to facts within 

their personal knowledge and as an 

expert or opinion witness. Except as 

provided in paragraph (c) of this 

section, SSS personnel may not testify 

as an expert or opinion witness, with 

regard to any matter arising out of their 

official duties or the functions of the 

SSS, for any party other than the United 

States in any legal proceeding in which 

the United States is a party. SSS 

personnel who receive a demand to 

testify on behalf of a party other than 

the United States may testify as to facts 

within the employee’s personal 

knowledge, provided that the testimony 

be subject to the prior written approval 

of the SSS GC or other SSS legal advisor 

and to the Federal Rules of Civil 

Procedure and any applicable claims of 

privilege, the anticipated testimony is 

not adverse to the interests of the SSS 

or the United States Government, and is 

presented at no cost to the Government. 

(c) SSS personnel may testify as an 

expert or opinion witness on behalf of 

the SSS or in any legal proceeding 

conducted by the SSS or the United 

States. 

Daniel A. Lauretano, Sr., 

General Counsel. 

[FR Doc. 2023–18601 Filed 8–28–23; 8:45 am] 

BILLING CODE 8015–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0743] 

RIN 1625–AA00 

Safety Zone; Lahaina Boat Basin, Maui, 

HI—Emergency Operations and Port 

Recovery 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters in the vicinity of 

Lahaina Boat Basin, Maui, Hawaii. The 

temporary safety zone encompasses all 

waters extending 200 yards from shore 

starting from the potential safety 

hazards associated with the damage 

assessment, debris management, vessel 

salvage and port recovery of Lahaina 

Boat Basin and surrounding waters, 

through September 27, 2023. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Honolulu or designated 

representative. 

DATES: This rule is effective without 

actual notice from August 29, 2023, 

through September 27, 2023. For the 

purposes of enforcement, actual notice 

will be used from August 24, 2023, until 

August 29, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0742 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 Commander Wade 

Thomson, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu at (808) 541–4359 or 

Wade.P.Thomson@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 

On August 9, 2023, high winds and 

wildfires struck portions of Maui, 

Hawaii, causing damage to coastal 

infrastructure and prompting mass 

rescue operations for area residents. 

On August 9, 2023, the Coast Guard 

issued a rulemaking creating a 

temporary safety zone for all waters 

extending 1 nautical mile from shore 

starting from the northernmost point of 

Kekaa Point, Maui, thenceforth to the 

southernmost point at Hekili Point, 

Maui, to protect personnel, vessels, and 

the marine environment from potential 

hazards associated with emergency 

response and port recovery operations 

after wildfires affected the area (88 FR 

55373, August 15, 2023). The safety 

zone was effective through August 23, 

2023. A copy of the rulemaking that 

ended on August 23, 2023, is available 

in Docket USCG–2023–0669, which can 

be found using instructions in the 

ADDRESSES section. However, additional 

time is needed to continue to provide 

protection against hazards in the area 

due to emergency response and port 

recovery operations. The safety zone 

encompasses all waters extending 200 

yards from shore starting from the 

northernmost boundary at Wahikuli 

Wayside Park, Maui, thenceforth to the 

southernmost boundary at Launiupoko 

Beach Park, Maui. 


ddrumheller on DSK120RN23PROD with RULES1
59454 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 

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) 

because it would be impracticable and 

contrary to the public interest. The 

Coast Guard was unable to publish an 

NPRM and hold a reasonable comment 

period for this rulemaking due to the 

emergent nature of the continuing 

damage assessment and salvage 

operations. 

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 to restrict 

vessel traffic within the safety zone is 

needed to protect life, property and the 

environment, therefore a 30-day notice 

period is impracticable. Delaying the 

effective date would be contrary to the 

safety zone’s intended objectives of 

providing immediate protection to onscene emergency personal, creating a 

working buffer necessary to mitigate any 

safety and potential pollution threats 

caused by the wildfires and establishing 

immediate maritime safety in the 

vicinity of on-scene damage 

assessments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

August 9, 2023, the Coast Guard was 

informed of damage, pollution, and 

debris in the vicinity of Lahaina Boat 

Basin, Maui, Hawaii. The Coast Guard 

COTP Sector Honolulu has determined 

that the potential hazards associated 

with the emergency response and port 

recovery efforts connected to wildfires 

in the area constitute a safety concern 

for anyone within the designated safety 

zone. This rule is necessary to protect 

personnel, vessels, and the marine 

environment within the navigable 

waters of the safety zone during ongoing 

emergency response and port recovery 

operations. 

IV. Discussion of the Rule 

This rule is in effect from August 24, 

2023, through September 27, 2023, at 

11:59 p.m., or until emergency response 

and port recovery operations are 

complete, whichever is earlier. If the 

safety zone is terminated prior to 11:59 

p.m. on September 27, 2023, the Coast 

Guard will provide notice via a 

broadcast notice to mariners. The 

temporary safety zone encompasses all 

waters extending 200 yards from shore 

starting from the northernmost 

boundary at Wahikuli Wayside Park, 

Maui, thenceforth to the southernmost 

boundary at Launiupoko Beach Park, 

Maui. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards associated with ongoing 

emergency response and port recovery 

operations after wildfires affected the 

area. No vessel or person will be 

permitted to enter the safety zone absent 

the express authorization of the COTP 

or his 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 

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, and 

limited duration of the safety zone. This 

zone impacts a small, designated area of 

the Lahaina Harbor and surrounding 

waters and operations may suspend 

early at the discretion of the Captain of 

the Port, Sector Honolulu. 

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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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 59455 

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 lasting that will prohibit entry 

within certain navigable waters of 

Lahaina Boat Basin. It is categorically 

excluded from further review under 

paragraph L60(d) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. 

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.T14–0743 to read as 

follows: 

§ 165.T14–0743 Safety Zone; Pacific 

Ocean, Lahaina Boat Basin, Maui, HI— 

Emergency Operations and Port Recovery. 

(a) Location. The following area is a 

safety zone: All waters extending 200 

yards from shore starting from the 

northernmost boundary at Wahikuli 

Wayside Park, Maui, thenceforth to the 

southernmost boundary at Launiupoko 

Beach Park, Maui. 

(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 Sector Honolulu (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. 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 by VHF/FM Chanel 16. 

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 August 24, 2023, 

through September 27, 2023, unless an 

earlier end is announced by broadcast 

notice to mariners. 

Dated: August 24, 2023. 

A.L. Kirksey, 

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

Port Sector Honolulu. 

[FR Doc. 2023–18697 Filed 8–25–23; 4:15 pm] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[MB Docket No. 03–185; FCC 23–58; FR ID 

159756] 

Digital Low Power Television and 

Television Translator Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) adopts rules to 

clarify for all stakeholders the status of 

LPTV FM6 service and codify that these 

services may be provided by a group of 

14 existing FM6 stations, and only by 

those stations. 

DATES: Effective September 28, 2023, 

except for the amendments in 

§ 74.790(o)(9) and (10), which are 

delayed indefinitely. The Commission 

will publish a separate document in the 

Federal Register announcing the 

effective date of those amendments. 

FOR FURTHER INFORMATION CONTACT: 

Shaun Maher, Video Division, Media 

Bureau at (202) 418–2324 or 

Shaun.Maher@fcc.gov, or, Mark 

Colombo, Video Division, Media Bureau 

at (202) 418–7611 or Mark.Colombo@

fcc.gov. For additional information 

concerning the Paperwork Reduction 

Act (PRA) information collection 

requirements contained in this 

document, contact Cathy Williams at 

202–418–2918, or Cathy.Williams@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s R&O, in 

MB Docket No. 03–185; FCC 23–58, 

adopted on July 20, 2023, and released 

on July 20, 2023. The full text of this 

document is available for download at 

https://docs.fcc.gov/public/ 

attachments/FCC-23-58A1.pdf. To 

request materials in accessible formats 

(braille, large print, computer diskettes, 

or audio recordings), please send an 

email to FCC504@fcc.gov or call the 

Consumer & Government Affairs Bureau 

at (202) 418–0530 (VOICE), (202) 418– 

0432 (TTY). 

Paperwork Reduction Act of 1995 

Analysis 

This document contains a new or 

modified information collection 

requirement subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. It will be submitted to the 

Office of Management and Budget 

(OMB) for review under section 3507(d) 

of the PRA. OMB, the general public, 

and other Federal agencies will be 

invited to comment on the new or 

modified information collection 

requirement contained in the 

proceeding. These new or modified 

information collections will become 

effective after the Commission publishes 

a document in the Federal Register 

announcing such approval and the 

relevant effective date. In addition, the 

Commission notes that pursuant to the 

Small Business Paperwork Relief Act of 

2002, (Pub. L. 107–198), it previously 

sought specific comment on how it 

might ‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 


ddrumheller on DSK120RN23PROD with RULES1