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
63528 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 

safety zone will be established on the 

Wilmington River within a 300-yard 

radius of position: 32° 3.73′ N, 81° 1.78′ 

W in the vicinity of the Causton Bluff 

Bridge, Savannah, GA. 

Demolition operations will take place 

Monday through Sunday during 

daylight hours. Periodically while the 

safety zone is implemented, all vessel 

traffic will be permitted to transit when 

deemed safe by the project site manager. 

This will commence at 7:00 p.m. on 

Mondays concluding at 12:00 p.m. 

Tuesdays and each subsequent Monday 

through Tuesday until project 

completion, and Thursdays beginning at 

12:00 p.m. and concluding at 7:00 a.m. 

on Fridays until project completion. 

Restricted vessels with a beam of 30 ft 

or less may transit daily at the 

conclusion of the workday starting at 

7:00 p.m. with the transit period ending 

by 7:00 a.m. the following day. 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters while the demolition project 

continues. 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, and 

duration of the safety zone. The 

duration of the zone is intended to 

ensure the safety of vessels through the 

duration of the vessel’s inbound and 

outbound transit and offload. Moreover, 

the Coast Guard will 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 

environment. This rule involves a safety 

zone lasting several hours daily that 

would prohibit entry within 300 yards 

of the Causton Bluff Bridge. The zone 

will prohibit entry while in effect. 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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 63529 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2023–0466 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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 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; 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.T07–0466 to read as 

follows: 

§ 165. T07–0466 Safety Zone; Wilmington 

River, Savannah, GA. 

(a) Location. All navigable waters, 

from surface to bottom, of the 

Wilmington River within a 300-yard 

radius of position: 32° 3.73′ N, 81° 1.78′ 

W in the vicinity of the Causton Bluff 

Bridge, Savannah, GA. 

(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 Savannah (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 calling (912) 247– 

0073. 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 periods. The safety 

zone in paragraph (a) of this section is 

in effect from 12:01 a.m. on September 

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

November 20, 2023. This section will be 

subject to enforcement periodically 

during daylight hours as needed by the 

project manager to safely remove all 

remaining bridge structural 

components. Mariners will be informed 

of enforced zone and enforcement 

periods by Broadcast Notice to 

Mariners, Myrick’s safety boat on scene 

during working hours. 

Dated: September 12, 2023. 

Nathaniel L. Robinson, 

Commander, U.S. Coast Guard, Captain of 

the Port, Savannah, GA. 

[FR Doc. 2023–20004 Filed 9–14–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2023–0279; FRL–10989– 

02–R7] 

Air Plan Approval; Missouri; Revisions 

to the Cross-State Air Pollution Rule 

SO2 Group 1 Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the State 

Implementation Plan (SIP) submitted on 

November 29, 2021, by the State of 

Missouri. This final action approves 

revisions to a state regulation related to 

the Cross-State Air Pollution Rule SO2

Group 1 Trading Program. The revisions 

alter the amounts of CSAPR SO2 Group 

1 emission allowances that are allocated 

to two of the state’s units from the 

state’s annual emissions budgets. 

Additionally, the revisions make nonsubstantive revisions to rule language 

that excludes certain provisions in the 

Code of Federal Regulations from 

incorporation by reference into the 

state’s regulations. Approval of these 

revisions will ensure Federal 

enforceability of the State’s rules. The 

EPA’s approval of these SIP revisions is 

being done in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective 

October 16, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2023–0279. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 through www.regulations.gov 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

information. 

FOR FURTHER INFORMATION CONTACT: 

Gerald McIntyre, Environmental 

Protection Agency, Region 7 Office, Air 

Permitting and Planning Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 608– 


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