Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 63525 

Order 13609 and has determined that 

this action will have no effect on 

international regulatory cooperation. 

IX. Additional Information 

A. Electronic Access 

Except for classified and controlled 

unclassified material not authorized for 

public release, all documents the FAA 

considered in developing this rule, 

including economic analyses and 

technical reports, may be accessed from 

the internet through the docket for this 

rulemaking. 

Those documents may be viewed 

online at https://www.regulations.gov 

using the docket number listed above. A 

copy of this rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at https://

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. A copy may 

also be found at the FAA’s Regulations 

and Policies website at https://

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Pub. L. 104–121), requires 

the FAA to comply with small entity 

requests for information or advice about 

compliance with statutes and 

regulations within its jurisdiction. A 

small entity with questions regarding 

this document may contact its local 

FAA official, or the persons listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the internet, visit https://

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, North 

Korea. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

■ 2. Amend § 91.1615 by revising 

paragraph (e) to read as follows: 

§ 91.1615 Special Federal Aviation 

Regulation No. 79—Prohibition Against 

Certain Flights in the Pyongyang Flight 

Information Region (FIR) (ZKKP). 

* * * * * 

(e) Expiration. This SFAR will remain 

in effect until September 18, 2028. The 

FAA may amend, rescind, or extend this 

SFAR, as necessary. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f) and (g), 

40101(d)(1), 40105(b)(1)(A), and 44701(a)(5). 

Polly Trottenberg, 

Acting Administrator. 

[FR Doc. 2023–20017 Filed 9–14–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0632] 

RIN 1625–AA00 

Safety Zone; Bay St. Louis, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters at the opening of Bay 

St. Louis, extending the entire width of 

the channel, approximately 1⁄2 mile 

south of the Hwy 90 Bridge. This safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

2023 Swim Across the Bay. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized the Captain of the Port 

Sector Mobile (COTP) or a designated 

representative. 

DATES: This rule is effective from 7 a.m. 

through 10 a.m. on September 17, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0632 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 Lawrence J. Schad, 

Sector Mobile, Waterways Management 

Division, U.S. Coast Guard; telephone 

251–441–5678, email 

sectormobilewaterways@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 final 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)(3)(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 is 

impracticable and contrary to the public 

interest. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by September 17th, 2023, 

and lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. 

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 is contrary to public interest 

because it would delay the safety 

measures necessary to respond to 

potential safety hazards associated with 

the 2023 Swim Across the Bay. 

Immediate action is needed to protect 

vessels and mariners from the safety 

hazards associated with 2023 Swim 

Across the Bay. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Sector Mobile 

(COTP) has determined that potential 


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63526 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 

hazards associated with the 2023 Swim 

Across the Bay on September 17th, 

2023, will be a safety concern for any 

vessels or persons at the opening of Bay 

St. Louis, approximately 1⁄2 mile south 

of the Hwy 90 Bridge in Bay St. Louis, 

MS. This rule is needed to protect the 

public, mariners, and vessels from the 

potential hazards associated with the 

2023 Swim Across the Bay. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary safety zone, effective from 7 

a.m. to 10 a.m. on September 17, 2023. 

The safety zone encompasses the 

opening of Bay St. Louis, extending the 

entire width of the channel, 

approximately 1⁄2 mile south of the Hwy 

90 Bridge in Bay St. Louis, MS. The 

location and duration of this safety zone 

is intended to protect persons and 

vessels during the 2023 Swim Across 

the Bay that will take place on this 

navigable waterway. No person or vessel 

will be permitted to enter or transit 

within the safety zone, unless 

specifically authorized by the COTP or 

a designated representative. Public 

notifications will be made to the local 

maritime community through Broadcast 

Notice to Mariners (BNM). To enter the 

zone, mariners and other members of 

the public must also contact the COTP 

or designated representative to ask 

permission to enter the safety zone on 

VHF–FM channels 15 and 16 or by 

telephone at 251–382–8653. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the COTP or 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, and 

duration, of the safety zone. This 

temporary safety zone will only restrict 

navigation for 3 hours near the opening 

of Bay St. Louis, approximately 1⁄2 mile 

south of the Hwy. 90 Bridge in Bay St. 

Louis, MS, extending the entire width of 

the channel. Moreover, the Coast Guard 

will issue a Local Notice to Mariners 

(LNM) 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 

environment. This rule involves a safety 

zone that will prohibit mariners and the 

public near the opening of Bay St. 

Louis, extending the entire width of the 

channel approximately 1⁄2 mile south of 

the Hwy 90 Bridge in Bay St. Louis, MS. 

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 


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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 63527 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under 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.T08–0632 to read as 

follows: 

§ 165.T08–0632 Safety Zone; Bay St. 

Louis, MS. 

(a) Location. The following area is a 

safety zone: the opening of Bay St. 

Louis, extending the entire width of the 

channel, approximately 1⁄2 mile south of 

the Hwy 90 Bridge in Bay St. Louis, MS. 

(b) Enforcement period. This section 

will be enforced on September 17, 2023 

from 7 a.m. through 10 a.m. 

(c) Regulations. (1) The general 

regulations contained in § 165.23 as 

well as the regulations in this section 

apply to the regulated area. 

(2) Entry into the zone described in 

paragraph (a) of this section is 

prohibited unless authorized by the 

Captain of the Port Sector Mobile 

(COTP) or a designated representative. 

(3) Persons or vessels seeking to enter 

into or transit through the zone must 

request permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM channels 15 and 

16 or by telephone at 251–441–5678. 

(4) If permission is granted, all 

persons and vessels must comply with 

the instructions of the COTP or 

designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the safety zone. 

Dated: September 11, 2023. 

U.S. Mullins, 

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

Port Sector Mobile. 

[FR Doc. 2023–20099 Filed 9–14–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0466] 

RIN 1625–AA00 

Safety Zone; Wilmington River, 

Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

encompassing the Causton Bluff Bridge, 

on the Wilmington River, Savannah, 

GA. This action is necessary to provide 

for the safety of life on these navigable 

waters for the planned demolition and 

removal of structural components of the 

original bridge, in preparation of the 

construction of a new span. This 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Savannah or a designated 

representative. 

DATES: This temporary interim rule is 

effective from 12:01 a.m. on September 

18, 2023, through 11:59 p.m. on 

November 20, 2023. 

ADDRESSES: You may submit comments 

under docket number USCG–2023–0466 

using the Federal Decision-Making 

Portal at https://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Anthony 

Harris, Shoreside Compliance, Marine 

Safety Unit Savannah, U.S. Coast Guard; 

telephone 912–652–4353 ext. 240, 

Anthony.E.Harris@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 interim 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 temporary interim 

rule because doing so would be 

impracticable. This safety zone must be 

established by September 18, 2023, in 

order to protect vessels and waterway 

users from the potential hazards 

associated with demolition operations 

on the Causton Bluff Bridge. We lack 

sufficient time to provide a reasonable 

comment period and then to consider 

those comments before issuing the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this temporary interim rule 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this 

temporary interim rule would be 

contrary to the public’s interest because 

we must ensure the protection of vessels 

and waterway users during the 

demolition operations. 

We are soliciting comments on this 

rulemaking. If we determine that 

changes to this rulemaking action are 

necessary, the Coast Guard will consider 

comments received in a subsequent 

temporary interim rule or temporary 

final rule. 

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 Savannah (COTP) 

has determined that potential hazards 

associated with the demolition 

operations of the Causton Bluff Bridge. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the demolition project 

continues. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from September 18, 2023, until 

November 20, 2023. A fixed temporary 


ddrumheller on DSK120RN23PROD with RULES1