65132 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

and at all times extends 100 yards on 

either side of safety vessels. The Swim 

Around Charleston swimming race 

consists of a 12 mile course that starts 

at Remley’s Point on the Wando River 

in approximate position 32°48′49′′ N, 

79°54′27′′ W, crosses the main shipping 

channel under the main span of the 

Ravenel Bridge, and finishes at the I– 

526 bridge and boat landing on the 

Ashley River in approximate position 

32°50′14′′ N, 80°01′23′′ W. During the 

enforcement periods, as reflected in 

§ 100.704(c)(1), if you are the operator of 

a vessel in the regulated area you must 

comply with directions from the 

Captain of the Port Charleston or a 

designated representative. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: September 12, 2023. 

Francis. J. DelRosso, 

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

Port. 

[FR Doc. 2023–20460 Filed 9–20–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0712] 

RIN 1625–AA00 

Safety Zone, Allegheny River, Mile 

Markers 15.5 to 16.5, Allegheny 

County, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the waters of the Allegheny River on 

September 22, 2023, at mile marker 15.5 

to 16.5 from 7:30 through 9 a.m. This 

action is necessary to provide for the 

safety of life on these navigable waters 

during an on-land demolition. This 

rulemaking prohibits persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Pittsburgh or a designated 

representative. 

DATES: This rule is effective from 7:30 

through 9 a.m. on September 22, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0712 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 LTJG Eyobe Mills, Marine Safety 

Unit Pittsburgh, U.S. Coast Guard, at 

telephone 412–221–0807, email 

Eyobe.D.Mills@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 is 

impracticable and contrary to the public 

interest. This safety zone must be 

established by September 22, 2023, to 

provide for the safety of life on the 

navigable waters during a demolition, 

and we lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

this rule. The NPRM process would 

delay the establishment of the safety 

zone until after the date of the 

demolition. Vessels or people inside the 

safety zone have to potential of getting 

hit with debris. 

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 impractical and 

contrary to the public interest because 

this action is necessary to ensure the 

safety of vessels and persons during the 

demolition event on September 22, 

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 Pittsburgh (COTP) 

has determined that potential hazards 

associated with the land-based 

demolition on September 22, 2023, will 

be a safety concern for anyone on the 

Allegheny River at mile marker 15.5 to 

16.5. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the temporary safety zone. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7:30 until 9 a.m. on September 22, 

2023. The safety zone will cover all 

navigable waters on Allegheny River, 

within mile marker 15.5 to 16.5. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters during a land-based demolition. 

No vessel or person is permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative of the COTP. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the Coast Guard assigned to units 

under the operational control of the 

COTP. To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16. 

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 through Broadcast Notices 

to Mariners or Marine Safety 

Information Bulletins, 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 

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 temporary safety zone. 

This safety zone only impacts a 1-mile 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65133 

stretch of the Allegheny River for one 

and a half hours on September 22, 2023. 

Moreover, the Coast Guard will issue 

LNMs, MSIBs, and/or BNMs via VHF– 

FM marine channel 16 about the zone 

and the rule allows vessels to seek 

permission from the COTP to transit 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 only impacts 1-mile stretch of 

the Allegheny River for one and a half 

hours on September 22, 2023, on the 

Allegheny River. 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—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 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.T08–0712 to read as 

follows: 

§ 165.T08–0712 Safety Zone; Allegheny 

River, Mile Markers 15.5 to 16.5, Allegheny 

County, PA. 

(a) Safety zone. The following area is 

a safety zone: All waters of the 

Allegheny River, from surface to bottom, 

between mile markers 15.5 to 16.5. 

(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 Pittsburgh (COTP) in the 

enforcement of the regulations in this 

section. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the COTP 

or their designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF Channel 16. 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 


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65134 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7:30 to 9 a.m. on 

September 22, 2023. 

Eric J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port Pittsburgh. 

[FR Doc. 2023–20396 Filed 9–20–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket Nos. 23–62, 12–375, DA 23– 

638; FR ID 172388] 

2023 Mandatory Data Collection for 

Incarcerated People’s 

Communications Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, an 

information collection associated with 

the 2023 IPCS Mandatory Data 

Collection Order, DA 22–638, issued by 

the Commission’s Wireline Competition 

Bureau (WCB) and Office Economics 

and Analytics (OEA) on July 26, 2023. 

In that Order, WCB and OEA adopted 

instructions, a reporting template, and a 

certification form to implement the 2023 

Mandatory Data Collection related to 

incarcerated people’s communications 

services (IPCS). OMB approved that data 

collection on September 11, 2023. The 

instant document is consistent with the 

2023 IPCS Mandatory Data Collection 

Order, which indicated that the 

Commission would publish notification 

in the Federal Register announcing that 

OMB approved the data collection and 

that the 2023 IPCS Mandatory Data 

Collection Order would be effective on 

the date specified in the notice. In 

accordance with that Order, responses 

to the 2023 Mandatory Data Collection 

are due October 31, 2023. 

DATES: The 2023 IPCS Mandatory Data 

Collection Order, published August 3, 

2023 at 88 FR 51240, including the 

information collection requirements 

adopted in that Order, is effective on 

September 21, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Simon Solemani, Pricing Policy 

Division, Wireline Competition Bureau, 

(202) 418–2270, or email 

simon.solemani@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on 

September 11, 2023, OMB approved, for 

a period of three years, the information 

collection requirements adopted on July 

26, 2023, in the 2023 IPCS Mandatory 

Data Collection Order, DA 23–638, 

published August 3, 2023 at 88 FR 

51240. The OMB Control Number is 

3060–1314. In the 2023 IPCS Mandatory 

Data Collection Order, WCB and OEA 

directed that the requirements for the 

2023 Mandatory Data Collection 

adopted in that Order would become 

effective on the date specified in a 

document published in the Federal 

Register announcing OMB approval. 

The Commission publishes this 

document as an announcement of the 

effective date of the 2023 IPCS 

Mandatory Data Collection Order. IPCS 

providers’ responses to the data 

collection are due on October 31, 2023. 

If you have any comments on the 

2023 Mandatory Data Collection, or how 

the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Nicole 

Ongele, Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20002. Please include 

the OMB Control Number, 3060–1314, 

in your correspondence. The 

Commission will also accept your 

comments via email at PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on September 

11, 2023 for the information collection 

requirements contained in the 2023 

IPCS Mandatory Data Collection Order. 

Under 5 CFR part 1320, an agency may 

not conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. No person 

shall be subject to any penalty for failing 

to comply with a collection of 

information subject to the Paperwork 

Reduction Act that does not display a 

current, valid OMB Control Number. 

The OMB Control Number is 3060– 

1314. 

The foregoing notification is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

1995, and 44 U.S.C. 3507. 

The total data collection burdens and 

costs for the respondents are as follows: 

OMB Control Number: 3060–1314. 

OMB Approval Date: September 11, 

2023. 

OMB Expiration Date: September 30, 

2026. 

Title: Incarcerated People’s 

Communications Services (IPCS) 2023 

Mandatory Data Collection, WC Docket 

Nos. 23–62, 12–375, DA 23–638. 

Form Numbers: FCC Form 2303(a) 

and FCC Form 2303(b). 

Respondents: Business or other for 

profit. 

Number of Respondents and 

Responses: 30 respondents; 30 

responses. 

Estimated Time per Response: 265 

hours. 

Frequency of Response: One-time 

reporting requirement. 

Total Annual Burden: 7,950 hours. 

Total Annual Cost: No cost. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in sections 1, 2, 4(i)–(j), 

5(c), 201(b), 218, 220, 225, 255, 276, 

403, and 716 of the Communications 

Act of 1934, as amended, 47 U.S.C. 151, 

152, 154(i)–(j), 155(c), 201(b), 218, 220, 

225, 255, 276, 403, and 617. 

Needs and Uses: On March 17, 2023, 

the Commission released the 

Incarcerated People’s Communications 

Services; Implementation of the Martha 

Wright-Reed Act; Rates for Interstate 

Inmate Calling Services, WC Docket 

Nos. 23–62, 12–375, Notice of Proposed 

Rulemaking and Order, FCC 23–19, 88 

FR 20804 (Notice of Proposed Rule 

Making) and 88 FR 19001 (Order), in 

which it began the process of 

implementing the Martha Wright-Reed 

Just and Reasonable Communications 

Act of 2022, Public Law 117–338, 136 

Stat. 6156 (the Act). The Act expands 

the Commission’s statutory authority to 

encompass ‘‘any audio or video 

communications service used by 

inmates . . . regardless of technology 

used.’’ The Act also amends section 2(b) 

of the Communications Act of 1934, as 

amended, to make clear that the 

Commission’s jurisdiction extends to 

intrastate as well as interstate and 

international communications services 

used by incarcerated people. 

The Act directs the Commission to 

‘‘promulgate any regulations necessary 

to implement’’ the statutory provisions, 

including its mandate that the 

Commission establish a ‘‘compensation 

plan’’ ensuring that all rates and charges 

for IPCS ‘‘are just and reasonable,’’ not 

earlier than 18 months and not later 

than 24 months after its January 5, 2023 

enactment. The Act also requires the 


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