59796 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

13132 are not mandatory for final 

approval decisions under the OSH Act 

because they neither impose a burden 

upon the State nor involve preemption 

of any State law, OSHA has nonetheless 

consulted extensively with Oregon on 

the matter of final approval as to 

temporary labor camps. 

VI. Regulatory Flexibility Act 

OSHA certifies pursuant to the 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 601 et seq.) that this final 

approval determination will not have a 

significant economic impact on a 

substantial number of small entities. 

Final approval of Oregon’s temporary 

labor camps coverage does not place 

small employers in Oregon under any 

new or different requirements, nor does 

it add any additional burden upon the 

State government beyond the 

responsibilities already assumed as part 

of the approved Plan. 

Authority 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Avenue NW, Washington, 

DC 20210, authorized the preparation of 

this document under the authority 

specified by section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), Secretary of 

Labor’s Order No. 8–2020 (85 FR 58393 

(Sept. 18, 2020)), and 29 CFR part 1956. 

Signed in Washington, DC. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2023–18717 Filed 8–29–23; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0697] 

Special Local Regulations; Marine 

Events Within the Fifth Coast Guard 

District—Atlantic City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a special local regulation for an event 

identified as ‘‘Triathlons in Atlantic 

City’’ on September 10, 2023, to provide 

for the safety of life on navigable 

waterways during the IRONMAN 70.3 

Atlantic City Triathlon. Our regulation 

for marine events within the Fifth Coast 

Guard District identifies the regulated 

area for this event in Atlantic City, NJ. 

During the enforcement period, 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 

100.501 for Atlantic City, NJ, will be 

enforced for the regulated areas listed in 

Table 1 to Paragraph (i)(1) of § 100.501 

for an event identified in the table as 

‘‘Triathlons in Atlantic City’’ from 6:30 

a.m. to 11:30 a.m. on September 10, 

2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Petty Officer Christopher Payne, 

U.S. Coast Guard, Sector Delaware Bay, 

Waterways Management Division, 

telephone: 215–271–4889, Email: 

SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.501 for the 

‘‘Triathlons in Atlantic City’’ regulated 

Area from 6:30 a.m. to 11:30 a.m. on 

September 10, 2023. This action is being 

taken to provide for the safety of life on 

navigable waterways during the 

IRONMAN 70.3 Atlantic City Triathlon. 

Our regulation for marine events within 

the Fifth Coast Guard District, § 100.501, 

specifies the exact location of the 

regulated area for ‘‘Triathlons in 

Atlantic City’’ events within portions of 

the New Jersey Intracoastal Waterway. 

As reflected in § 100.501(d)(2), during 

the enforcement period, 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. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, and 

marine information broadcasts. 

Dated: August 23, 2023. 

Roberto Rivera, 

Captain, U.S. Coast Guard, Acting, Captain 

of the Port, Delaware Bay. 

[FR Doc. 2023–18704 Filed 8–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0711] 

Special Local Regulation; St. 

Petersburg P–1 Grand Prix; Waters of 

Tampa Bay 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a special local regulation for the St. 

Petersburg P–1 Powerboat Grand Prix 

from September 2 through 3, 2023, to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation for marine events within 

the Seventh district identifies the 

regulated area for this event in St. 

Petersburg, FL. During the enforcement 

period, no person or vessel may enter, 

transit through, anchor in, or remain 

within the designated area unless 

authorized by the Captain of the Port St. 

Petersburg or a designated 

representative. 

DATES: The regulations in 33 CFR 

100.703, Table 1 to § 100.703, Item 5 

will be enforced daily from 8 a.m. until 

6 p.m., on September 2, 2023 through 

September 3, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Marine Science Technician First 

Class Mara Brown, Sector St. Petersburg 

Prevention Department, Coast Guard; 

telephone (813) 228–2191, email 

Mara.J.Brown@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.703, Table 1 

to § 100.703, Item No. 5, for the St. 

Petersburg P–1 Powerboat Grand Prix 

regulated area from September 2, 2023 

through September 3, 2023. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

this event. Our regulation for recurring 

marine events, Sector St. Petersburg, 

§ 100.703, Table 1 § 100.703, Item No. 5, 

Specifies the location of the regulated 

area for the St. Petersburg Powerboat 

Grand Prix which encompasses portions 

Tampa Bay in the vicinity of the St. 

Petersburg Pier, in St. Peterburg, FL. 

During enforcement periods, as reflected 

in § 100.703, if you are the operator of 

a vessel in the regulated area you must 

comply with direction from the Patrol 

Commander or any designated 

representative. 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59797 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, marine 

information broadcasts, or both. 

Dated: August 22, 2023. 

Michael P. Kahle, 

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

Port St. Petersburg. 

[FR Doc. 2023–18698 Filed 8–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0717] 

RIN 1625–AA08 

Special Local Regulation; Find Your 

Way Home Swim; Detroit River, Grosse 

Ile, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for certain waters of the Detroit River, 

Grosse Ile, MI. This action is necessary 

to protect safety of life on navigable 

waters immediately prior to, during, and 

after the Find Your Way Home Swim. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Detroit or a designated representative. 

DATES: This temporary final rule is 

effective from 5 a.m. through 3:30 p.m. 

on September 23, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2023– 

0717 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone (313) 568–9564, 

or email Tracy.M.Girard@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 doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this swim event until there was 

insufficient time remaining before the 

event to publish an NPRM. Thus, 

delaying the effective date of this rule to 

wait for a comment period to run would 

be impracticable because it would 

inhibit the Coast Guard’s ability to 

protect participants, mariners and 

vessels from the hazards associated with 

this event. 

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 inhibit the Coast 

Guard’s ability to protect participants, 

mariners and vessels from the hazards 

associated with this event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041(a). 

The Captain of the Port Detroit (COTP) 

has determined that the likely 

combination of recreation vessels, 

commercial vessels, and an unknown 

number of spectators in close proximity 

to the swim along the water poses extra 

and unusual hazards to public safety 

and property. Therefore, the COTP is 

establishing a special local regulation 

around the event location to help 

minimize risks to safety of life and 

property during this event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation from 5 a.m. 

through 3:30 p.m. on September 23, 

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 waters of the Detroit River 

encompassed within the following six 

points: from 42°05.376′ N, 083°09.027′ 

W; a line drawn south to point 

42°02.459′ N, 083°08.989′ W; a line 

drawn south east to point 42°00.039′ N, 

083°08.417′ W; a line drawn west to 

point 42°00.024′ N, 083°08.501′ W; a 

line drawn north west to point 42°02.43′ 

N, 083°09.308′ W; a line drawn north to 

point 42°05.374′ N, 083°09.085′ W. 

An on-scene representative of the 

COTP may permit vessels to transit the 

area when no swim activity is occurring. 

The on-scene representative may be 

present on any Coast Guard, state, or 

local law enforcement vessel assigned to 

patrol the event. Vessel operators 

desiring to transit through the regulated 

area must contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. The COTP or his designated onscene representative may be contacted 

via VHF Channel 16 or via telephone at 

(313) 568–9560. 

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 and Local 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the special local 

regulation. Vessel traffic will be able to 

safely transit around this special local 

regulation zone which will impact a 

small designated area of the Detroit 

River from 5 a.m. through 3:30 p.m. on 

September 23, 2023. Moreover, the 

Coast Guard will issue Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 about the special local 


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