59804 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

$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 approximately 1 hour that 

will prohibit entry within 200-yard 

radius of where the fireworks display 

will be conducted. It is categorically 

excluded from further review under 

paragraph L[60] 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 record keeping 

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.T09–0696 to read as 

follows: 

§ 165.T09–0696 Safety Zone; Foster 

Wedding Fireworks, Lake St. Clair; Grosse 

Pointe Park, MI. 

(a) Location. The following area is a 

temporary safety zone: all U.S. 

navigable waters of Lake St. Clair within 

a within a 200-yard radius of the 

fireworks launch site located at position 

42°21.791′ N, 082°55.147′ W. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Enforcement Period. This 

regulation will be enforced from 9 p.m. 

through 10 p.m. on September 9, 2023. 

The Captain of the Port Detroit, or a 

designated representative may suspend 

enforcement of the safety zone at any 

time. 

(c) 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 Detroit (COTP) in the 

enforcement of the safety zone. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit or his designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his designated representative to 

obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Detroit or his 

designated representative. The COTP 

Detroit or his designated representative 

may be contacted via VHF Channel 16. 

Dated: August 24, 2023. 

Richard P. Armstrong, 

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

Port Detroit. 

[FR Doc. 2023–18701 Filed 8–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0657] 

RIN 1625–AA00 

Safety Zone; Grosse Pointe War 

Memorial Fireworks, Lake St. Clair, 

Grosse Pointe Farms, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters (all navigable 

waters within a 250 yard radius of 

location 42°23.13′ N 082°53.74′ W (WGS 

84)) within Lake St. Clair in Grosse 

Pointe Farms, MI. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards during a fireworks 

event. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Detroit. 

DATES: This rule is effective from 9 p.m. 

through 10 p.m. on September 8, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0657 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 rule, call or 

email Ms. Tracy Girard, U.S. Coast 

Guard; (313) 475–7475, 

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 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59805 

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 is impracticable. The Coast Guard did 

not receive notice of the fireworks with 

sufficient time to undergo notice and 

comment. We must establish this safety 

zone by September 8, 2023 in order to 

protect the public form the hazards 

associated with a fireworks 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 be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with a fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Detroit (COTP) has 

determined that potential hazards 

associated with fireworks starting 

September 8, 2023, will be a safety 

concern for anyone within a 250-yard 

radius of the fireworks location. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while fireworks show is being 

displayed. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 p.m. through 10 p.m. on 

September 8, 2023. The safety zone will 

cover all navigable waters within a 250- 

yard radius of location 42°23.13′ N 

082°53.74′ W (WGS 84). The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the fireworks show is being 

displayed. 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 

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 safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the Lake St. Clair for less than an hour 

during the night 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 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, 

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 


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59806 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

environment. This rule involves a safety 

zone lasting less than an hour that will 

prohibit entry within 250-yard radius of 

42°23.13′ N 082°53.74′ W (WGS 84). It 

is categorically excluded from further 

review under paragraph L[60] 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 record keeping 

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: 446 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.T09–0657 to read as 

follows: 

§ 165.T09–0657 Safety Zones; Grosse 

Pointe War Memorial Fireworks, Lake St. 

Clair, Grosse Pointe Farms, MI. 

(a) Location. This safety zone is 

established to encompass all U.S. 

navigable waters of Lake St. Clair within 

a 250-yard radius of 42°23.13′ N 

082°53.74′ W (WGS 84). 

(b) Enforcement period. The safety 

zone described in paragraph (a) of this 

section will be enforced from 9 p.m. 

through 10 p.m. on September 8, 2023. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within these 

safety zones is prohibited unless 

authorized by the COTP Detroit or a 

designated on-scene representative. 

(2) The safety zones are closed to all 

vessel traffic, except as may be 

permitted by the COTP Detroit or a 

designated on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the COTP Detroit is any Coast Guard 

commissioned, warrant or petty officer 

or a federal, state, or local law 

enforcement officer designated by the 

COTP Detroit to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zones must 

contact the COTP Detroit or an on-scene 

representative to obtain permission to 

do so. The COTP Detroit or an on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP 

Detroit or an on-scene representative. 

Dated: August 24, 2023. 

Richard P. Armstrong, 

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

Port Detroit. 

[FR Doc. 2023–18712 Filed 8–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1002 

[Docket No. EP 542 (Sub-No. 31)] 

Fees for Services Performed in 

Connection With Licensing and 

Related Services—2023 Update 

AGENCY: Surface Transportation Board. 

ACTION: Final rule. 

SUMMARY: The Board updates for 2023 

the fees that the public must pay to file 

certain cases and pleadings with the 

Board. Pursuant to this update, 76 of the 

Board’s 136 fees will increase, and 60 

fees will remain at their current levels. 

DATES: This final rule is effective 

September 29, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laura Mizner, (202) 245–0318, or 

Andrea Pope-Matheson, (202) 245–0363. 

If you require an accommodation under 

the Americans with Disabilities Act, 

please call (202) 245–0245. 

SUPPLEMENTARY INFORMATION: The 

Board’s regulations at 49 CFR 1002.3(a) 

provide for an annual update of the 

Board’s entire user-fee schedule. Fees 

are generally revised based on the cost 

study formula set forth at 49 CFR 

1002.3(d), which looks to changes in 

salary costs, publication costs, and 

Board overhead cost factors. Applying 

that formula, 76 of the Board’s 136 fees 

will be increased and 60 will remain at 

their current levels. 

Additional information is contained 

in the Board’s decision. To obtain a free 

copy of the full decision, visit the 

Board’s website at www.stb.gov or call 

(202) 245–0245. If you require an 

accommodation under the Americans 

with Disabilities Act, please call (202) 

245–0245. 

List of Subjects in 49 CFR Part 1002 

Administrative practice and 

procedure, Common carriers, Freedom 

of information. 

Decided: August 24, 2023. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Regena Smith-Bernard, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, title 49, chapter X, part 1002, 

of the Code of Federal Regulations is 

amended as follows: 

PART 1002—FEES 

■ 1. The authority citation for part 1002 

continues to read as follows: 

Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), 

and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321. 

Section 1002.1(f)(11) is also issued under 5 

U.S.C. 5514 and 31 U.S.C. 3717. 

■ 2. Section 1002.1 is amended by 

revising paragraphs (a), (b), and (c) to 

read as follows: 

§ 1002.1 Fees for records search, review, 

copying, certification, and related services. 

* * * * * 

(a) Certificate of the Records Officer, 

$22.00. 

(b) Services involved in examination 

of tariffs or schedules for preparation of 

certified copies of tariffs or schedules or 

extracts therefrom at the rate of $51.00 

per hour. 

(c) Services involved in checking 

records to be certified to determine 

authenticity, including clerical work, 

etc. incidental thereto, at a rate of 

$35.00 per hour. 

* * * * * 

■ 3. Section 1002.2 is amended by 

revising paragraph (f) to read as follows: 

(f) Schedule of filing fees. 

Type of proceeding Fee 

PART I: Non-Rail Applications or Proceedings to Enter Into a Particular Financial Transaction or Joint Arrangement 

(1) An application for the pooling or division of traffic ............................................................................................................... $5,800. 


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