58500 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 

vaccines-blood-biologics/guidancecompliance-regulatory-informationbiologics/biologics-guidances, https://

www.fda.gov/regulatory-information/ 

search-fda-guidance-documents, or 

https://www.regulations.gov. 

Dated: August 22, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–18359 Filed 8–25–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–USCG–2023–0043] 

RIN 1625–AA00 

Safety Zone, Illinois River MM 165.5 

Peoria, IL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within a half mile 

radius of a crane boom located in the 

Illinois River at Mile Marker (MM) 

165.5. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from all potential 

hazards associated with a crane boom 

blocking the navigable channel and the 

salvage operation for its removal. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. 

DATES: This rule is effective without 

actual notice from August 28, 2023, 

through August 29, 2023. For the 

purposes of enforcement, actual notice 

will be used from August 23, 2023, until 

August 28, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0043 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 314–269–2560, 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 a 

temporary safety zone must be 

established immediately to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a crane boom protruding into 

the navigable channel and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

It is impracticable to publish an NPRM 

because we must establish this safety 

zone by August 23, 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 a crane boom blocking 

the navigable channel. 

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 a crane boom blocking 

the navigable channel and the salvage 

operation taking place to remove it will 

be a safety concern for anyone operating 

or transiting within the Illinois River at 

MM 165.5. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone until the 

crane boom has been removed from the 

waterway. 

IV. Discussion of the Rule 

The salvaging of the crane boom will 

occur at MM 165.5 beginning August 23, 

2023. The safety zone is designed to 

protect waterway users until work is 

complete. 

No vessel or person will be permitted 

to enter the safety zone without 

obtaining permission from 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. 

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. 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 a safety zone located within 

a half mile radius of a crane boom on 

the Illinois River at MM 165.5, near 

Peoria, IL. The safety zone is expected 

to be active until the crane boom has 

been salvaged and the channel cleared. 


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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 58501 

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 

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 the width of the 

Illinois River at MM 165.5. 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.T08–0043 to read as 

follows: 

§ 165.T08–0043 Safety Zone; Illinois River, 

Mile Marker 165.5, Peoria, IL. 

(a) Location. The following area is a 

safety zone: all navigable waters within 

a half mile radius of a crane barge on the 

Illinois River, Mile Marker 165.5, 

Peoria, IL. 

(b) Enforcement period. This section 

will be subject to enforcement from 

August 23, 2023, until August 29, 2023, 

or until the hazard has been cleared. 

(c) Regulations. (1) In accordance with 

the general safety zone regulations in 

§ 165.23, entry of persons or vessels into 

the safety zone described in paragraph 

(a) of this section is prohibited unless 

authorized by the Captain of the Port 

Sector Upper Mississippi River (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. 

(d) 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. 


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58502 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 

Dated: August 23, 2023. 

D.J. Every, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Upper Mississippi 

River. 

[FR Doc. 2023–18555 Filed 8–24–23; 11:15 am] 

BILLING CODE 9110–04–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1280 

[FDMS No. NARA–23–0008; NARA–2023– 

034] 

RIN 3095–AC13 

Use of NARA Facilities: Rules for 

Filming, Photographing, or 

Videotaping on NARA Property for 

Personal Use 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Direct final rule. 

SUMMARY: The National Archives and 

Records Administration (NARA) is 

amending our regulations on the Use of 

NARA Facilities to allow personal, nonflash photography throughout NARA 

exhibition galleries. 

DATES: This rule is effective October 10, 

2023, without further action, unless we 

receive actionable adverse comments by 

September 18, 2023. If we receive such 

comments, we will publish a 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: You may submit comments, 

identified by RIN 3095–AC13 by the 

following method: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. All submissions must 

include NARA’s name and the 

regulatory information number for this 

rulemaking (RIN 3095–AC13). We may 

publish any comments we receive 

without changes, including any 

personal information you include. 

• Mail (for paper, flash drive, or CD– 

ROM submissions. Include ‘‘RIN 3095– 

AC13’’ on the submission): National 

Archives and Records Administration; 

Regulation Comments Desk, Suite 4100; 

8601 Adelphi Road; College Park, MD 

20740–6001. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Richardson, Strategy and 

Performance Division, by email at 

regulation_comments@nara.gov, by 

email at kimberly.richardson@nara.gov, 

or by phone at 301–837–2902. Contact 

https://museum.archives.gov/contact-us 

with any questions on photography in 

NARA facilities. 

SUPPLEMENTARY INFORMATION: The 

National Archives and Records 

Administration (NARA) is amending 

our regulations on the use of NARA 

facilities to allow personal photography 

throughout NARA exhibition galleries, 

including the Rotunda in the National 

Archives Museum, unless otherwise 

posted. Direct photography of the 

display of the founding documents in 

the Rotunda will continue to be 

prohibited; however, visitors are 

allowed to take selfies and other 

photographs that include the Rotunda as 

background. Research shows that most 

museums allow non-flash photography. 

By expanding the use of photography, 

we will enhance the visitor experience 

and raise awareness of our mission, 

while continuing to maintain 

preservation and security needs. 

Regulatory Analysis 

Review Under Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735; Executive Order 13563, 

Improving Regulation and Regulation 

Review, 76 FR 23821; and Executive 

Order 14094 Modernizing Regulatory 

Review, 88 FR 21879. 

The Office of Management and Budget 

(OMB) has reviewed this rulemaking 

and determined it is not ‘‘significant’’ 

under section 3(f) of Executive Order 

12866. It is not significant because it 

consists of administrative and minor 

revisions, involves agency organization 

and management, does not change 

substantive requirements, and imposes 

no costs on the public. 

Review Under the Regulatory Flexibility 

Act (5 U.S.C. 601, et seq.) 

This review requires an agency to 

prepare an initial regulatory flexibility 

analysis and publish it when the agency 

publishes the proposed rule. This 

requirement does not apply if the 

agency certifies that the rulemaking will 

not, if promulgated, have a significant 

economic impact on a substantial 

number of small entities (5 U.S.C. 603). 

We certify, after review and analysis, 

that this rulemaking will not have a 

significant adverse economic impact on 

small entities. 

Review Under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.) 

This rulemaking does not impose 

additional information collection 

requirements on the public that are 

subject to the Paperwork Reduction Act. 

Review Under Executive Order 13132, 

Federalism, 64 FR 43255 

Review under Executive Order 13132 

requires that agencies review 

regulations for federalism effects on the 

institutional interest of states and local 

governments, and, if the effects are 

sufficiently substantial, prepare a 

Federal assessment to assist senior 

policy makers. This rulemaking will not 

have any effects on state and local 

governments within the meaning of the 

Executive order. Therefore, no 

federalism assessment is required. 

Review Under the Unfunded Mandates 

Reform Act (Sec. 202, Pub. L. 104–4; 2 

U.S.C. 1532) 

Review under the Unfunded 

Mandates Reform Act requires that 

agencies determine whether any Federal 

mandate in the rulemaking may result 

in state, local, and tribal governments, 

in the aggregate, or the private sector, 

expending $100 million in any one year. 

NARA certifies that this rulemaking 

does not contain a Federal mandate that 

may result in such an expenditure, and 

this rulemaking is therefore not subject 

to this requirement. 

List of Subjects in 36 CFR Part 1280 

Archives and records, Federal 

buildings and facilities. 

For the reasons stated in the 

preamble, NARA amends 36 CFR part 

1280 as follows: 

PART 1280—USE OF NARA 

FACILITIES 

■ 1. The authority citation for part 1280 

continues to read as follows: 

Authority: 44 U.S.C. 2102 notes, 2104(a), 

2112, 2903. 

■ 2. Revise § 1280.46 to read as follows: 

§ 1280.46 Filming, photographing, or 

videotaping for personal use. 

(a) You may film, photograph, or 

videotape on NARA property outside a 

NARA facility so long as you do not 

impede vehicular or pedestrian traffic. 

(b) You may film, photograph, or 

videotape inside a NARA facility during 

regular business hours in public areas, 

including research rooms and exhibition 

areas, unless otherwise posted, under 

the following conditions: 

(1) You may not use a flash or other 

supplemental lighting; and 

(2) You may not use a selfie stick, 

monopod, tripod, or similar equipment. 

■ 3. In § 1280.84, revise paragraph (a) to 

read as follows: 

§ 1280.84 Using the Rotunda. 

(a) We do not allow private group 

event activities (e.g., dinner/reception, 

program) to be held in the Rotunda or 

the exhibit galleries in the National 

Archives Museum. We may, at our 

discretion, allow attendees at private 

group events to enter the Rotunda and 


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