63018 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Rules and Regulations 

(b) This general license does not 

authorize any transactions otherwise 

prohibited by the BSR, including 

transactions involving any person 

blocked pursuant to the BSR other than 

the BSW Entities, unless separately 

authorized. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

Dated: August 9, 2023. 

OFFICE OF FOREIGN ASSETS 

CONTROL 

Belarus Sanctions Regulations 

31 CFR Part 548 

GENERAL LICENSE NO. 9 

Authorizing Transactions Related to 

Civil Aviation Safety or the Wind Down 

of Transactions Involving Open Joint 

Stock Company Belavia Belarusian 

Airlines 

(a) Except as provided in paragraph 

(c), all transactions prohibited by the 

Belarus Sanctions Regulations, 31 CFR 

part 548 (BSR), that are ordinarily 

incident and necessary to the provision, 

exportation, or reexportation of goods, 

technology, or services to ensure the 

safety of civil aviation involving Open 

Joint Stock Company Belavia Belarusian 

Airlines, or any entity in which Open 

Joint Stock Company Belavia Belarusian 

Airlines owns, directly or indirectly, a 

50 percent or greater interest 

(collectively, the ‘‘Belavia Entities’’), are 

authorized through 12:01 a.m. eastern 

daylight time, September 8, 2023, 

provided that the goods, technology, or 

services that are provided, exported, or 

reexported are for use on aircraft 

operated solely for civil aviation 

purposes. 

(b) Except as provided in paragraph 

(c), all transactions prohibited by the 

BSR that are ordinarily incident and 

necessary to the wind down of any 

transaction involving the Belavia 

Entities, are authorized through 12:01 

a.m. eastern daylight time, September 8, 

2023, provided that any payment to a 

Belavia Entity must be made into a 

blocked account in accordance with the 

BSR. 

(c) This general license does not 

authorize any transactions otherwise 

prohibited by the BSR, including 

transactions involving any person 

blocked pursuant to the BSR other than 

the Belavia Entities, unless separately 

authorized. 

Note to General License 9. Nothing in this 

general license relieves any person from 

compliance with any other Federal laws or 

requirements of other Federal agencies, 

including export, reexport, and transfer (incountry) licensing requirements maintained 

by the Department of Commerce’s Bureau of 

Industry and Security under the Export 

Administration Regulations, 15 CFR parts 

730–774. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

Dated: August 9, 2023. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2023–19887 Filed 9–13–23; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0487] 

Special Local Regulation; Marine 

Events Within the Eleventh Coast 

Guard District—Swim for Special 

Operations Forces 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulation on the 

waters of San Diego Bay, CA, during the 

Swim for Special Operations Forces on 

September 16, 2023. This special local 

regulation is necessary to provide for 

the safety of the participants, crew, 

sponsor vessels of the event, and general 

users of the waterway. During the 

enforcement period, persons and vessels 

are prohibited from entering into, 

transiting through, or anchoring within 

this regulated area unless authorized by 

the Captain of the Port, or his 

designated representative. 

DATES: The regulations in 33 CFR 

100.1101 for the location described in 

Item 16 in table 1 to § 100.1101, will be 

enforced from 7:30 a.m. until Noon on 

September 16, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Junior Grade Shelley 

Turner, Waterways Management, U.S. 

Coast Guard Sector San Diego, CA; 

telephone (619) 278–7656, email 

MarineEventsSD@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.1101 for the 

location identified in Item No. 16 in 

table 1 to § 100.1101, from 7:30 a.m. 

until Noon on September 16, 2023, for 

the Swim for Special Operations Forces 

in San Diego Bay, CA. This action is 

being taken to provide for the safety of 

life on the navigable waterways during 

the event. Our regulation for recurring 

marine events in the San Diego Captain 

of the Port Zone, § 100.1101, Item No. 

16 in table 1 to § 100.1101, specifies the 

location of the regulated area for the 

Swim for Special Operations Forces, 

which encompasses portions of San 

Diego Bay. Under the provisions of 

§ 100.1101, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this 

regulated area unless authorized by the 

Captain of the Port, or his designated 

representative. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this regulation. 

In addition to this document in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via the Local Notice to Mariners 

and marine information broadcasts. 

Dated: September 8, 2023. 

J.W. Spitler, 

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

Port San Diego. 

[FR Doc. 2023–19869 Filed 9–13–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0703] 

RIN 1625–AA00 

Safety Zone; San Diego Bay, San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of the San Diego Bay. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

during a U.S. Army parachute 

demonstration. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector San Diego. 

DATES: This rule is effective from 10 

a.m. to noon on September 18th, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0703 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 about this proposed 


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Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Rules and Regulations 63019 

rulemaking, call or email LTJG Shelley 

Turner, Waterways Management, U.S. 

Coast guard Sector San Diego, Coast 

Guard; telephone 619–278–7656, email 

MarineEventsSD@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 it 

would be impracticable as the Coast 

Guard did not receive final details until 

August 3rd, 2023, and must establish 

this safety zone by September 18th, 

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 the Coast Guard must establish 

this safety zone by September 18th, 

2023. 

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 San Diego 

(COTP) has determined that potential 

hazards associated with the U.S. Army’s 

parachute demonstration on September 

18th, 2023, will be a safety concern for 

anyone within a 100-yard radius of USS 

MIDWAY. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone during the 

demonstration. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 10 a.m. until noon on September 

18, 2023. The safety zone will cover all 

navigable waters within 100 yards of the 

USS MIDWAY. The duration of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the 

parachute demonstration is being 

conducted. 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 

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, location, duration, 

and time-of-day of the regulated area. 

The affected portion of the San Diego 

Bay will be of very limited duration and 

is necessary for safety of life to 

participants in the event. Moreover, the 

Coast Guard would make a post in the 

Local Notice to Mariners with details on 

the regulated area, as well as issue a 

Safety Marine Information Broadcast 

over Channel 22A. 

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 


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63020 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Rules and Regulations 

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 100 

yard radius safety zone around the USS 

MIDWAY lasting 2 hours during the 

U.S. ARMY’s parachute demonstration. 

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.T11–130 to read as 

follows: 

§ 165.T11–130 Safety Zone; San Diego 

Bay, San Diego, California. 

(a) Location. The following area is a 

safety zone: all water surface to the 

bottom encompassing a 100-yard radius 

around USS MIDWAY. 

(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 San Diego (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) 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 Channel 21A 

or by telephone at 619–278–7033. 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 from 10 a.m. to noon 

on September 18, 2023. 

Dated: September 8, 2023. 

J.W. Spitler, 

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

Port San Diego. 

[FR Doc. 2023–19870 Filed 9–13–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 2 

[OGC–2022–0885; FRL 5630–01–OGC] 

RIN 2025–AA38 

Freedom of Information Act 

Regulations Update; Phase II 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) finalizes 

revisions to the Agency’s regulations 

under the Freedom of Information Act 

(FOIA or Act). This action supports the 

Agency’s mission by updating the 

process by which the public may access 

information about EPA actions and 

activities. 

DATES: This rule is effective on 

November 13, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. OGC–2022–0885. All documents in 

the docket are listed on the http://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available electronically 

through http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Christopher T. Creech, Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, (2310A), Washington, DC 20460; 

telephone, 202–564–4286; email, 

creech.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Background 

III. Summary of Provisions Finalized as 

Proposed 

IV. Summary of Changes From Proposal 

V. Statutory and Executive Orders Reviews 

I. General Information 

A. Does this action apply to me? 

This discussion is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This discussion 

includes the types of entities that EPA 

is now aware could potentially be 

regulated by this action. Other types of 

entities not included could also be 

regulated. To determine whether your 

entity is regulated by this action, you 

should carefully examine the 

applicability criteria found in 40 CFR 

part 2. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. What action is the Agency taking? 

This action finalizes changes to EPA’s 

FOIA regulations at 40 CFR part 2. The 

changes alter the process by which 

individuals and entities request records 

from EPA under the Act. EPA makes 

changes to clarify certain provisions and 

align with the FOIA and with EPA and 

government-wide policy. 

In the 2019 ‘‘Freedom of Information 

Act Regulations Update,’’ 84 FR 30028, 

July 26, 2019 (Phase I Rule), EPA stated 

its intention to conduct a second 

rulemaking phase to make discretionary 

and modernizing changes. Consistent 

with that statement, EPA is finalizing 

the proposal published on November 

17. 2022 with certain changes. See 


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