Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 65321 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Chief Petty Officer Elvin 

Rodriguez, Waterways Division, U.S. 

Coast Guard Sector North Carolina, 

Wilmington, NC; telephone 910–772– 

2239, email NCMarineevents@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.501(i)(4) for 

the Swim the Loop and Motts Channel 

Sprint regulated area from 7 a.m. to 11 

a.m. on October 15, 2023. As indicated 

in a footnote to Table 4 of 

§ 100.501(i)(4), the enforcement dates 

and times for each of the listed events 

in this table are subject to change, and 

the October date differs from dates 

provided in the table. We are making 

this special local regulation subject to 

enforcement at the stated time to 

provide for the safety of life on 

navigable waterways during the day of 

the event. Table 4 to § 100.501(i)(4) 

specifies the location of the regulated 

area for this event as comprising the 

navigable waters surrounding Harbor 

Island, NC, including the Intracoastal 

Waterway, Lees Cut, Banks Channel and 

Motts Channel. During the enforcement 

period, as reflected in § 100.501(i)(4), 

the operator of any vessel in the 

regulated area must comply with 

directions from the Patrol Commander 

or from any official representative of the 

COTP, Sector North Carolina. 

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, Marine 

Safety Information Bulletin, and 

Broadcast Notice to Mariners. 

Timothy J. List, 

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

Port, Sector North Carolina. 

[FR Doc. 2023–20566 Filed 9–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0786] 

RIN 1625–AA87 

Security Zone; Patapsco River, 

Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: At the request of the United 

States Secret Service (USSS), the Coast 

Guard is establishing a temporary 

security zone for the protection of 

persons who will be in Baltimore, MD 

on September 24, 2023. This security 

zone will prohibit persons and vessels 

from entering or remaining within the 

security zone unless authorized by the 

Captain of the Port Maryland-National 

Capital Region or a designated 

representative. 

DATES: This rule is effective from 4 p.m. 

until 8 p.m. on Sunday, September 24, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0786 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 rule, call, 

or email LCDR Kate Newkirk, 

Waterways Management Division, 

Sector Maryland-National Capital 

Region, U.S. Coast Guard; (410) 365– 

8141, Kate.M.Newkirk@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 

USSS United States Secret Service 

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 the 

Coast Guard was notified by the USSS 

of the visit without sufficient time to 

publish an NPRM. Delay in 

promulgating this rule would be 

impracticable because this security zone 

must be in by September 24, 2023, to 

protect these USSS protectees in the 

vicinity of Baltimore, MD. The presence 

of these USSS protectees creates unique 

safety and security concerns. 

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 for the same reasons discussed 

above. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70051 and 

70124. The Captain of the Port 

Maryland-National Capital Region 

(COTP) has determined that the 

presence of persons under the 

protection of the USSS at this location 

presents a potential target for terrorist 

attack, sabotage, or other subversive 

acts, accidents, or other causes of 

similar nature. This rule is needed to 

protect persons under the protection of 

the USSS, personnel in and around the 

visit site, navigable waterways, and 

waterfront facilities. 

IV. Discussion of the Rule 

This rule establishes a security zone 

from 4 p.m. until 8 p.m. on September 

24, 2023, on the Patapsco River, in the 

vicinity of Baltimore, MD. The security 

zone will cover all navigable waters of 

the Inner Harbor on the Patapsco River, 

encompassed by a line connecting the 

following points beginning at 

39°16′56.60′′ N, 076°36′26.17′′ W, thence 

to 39°17′1.25′′ N, 076°36′21.67′′ W, 

located at Baltimore, MD. The duration 

of the zone is intended to protect 

persons under the protection of the 

USSS, personnel in and around the visit 

site, navigable waterways, and 

waterfront facilities. 

No vessel or person will be permitted 

to enter the security zone without 

obtaining permission from the COTP or 

a designated representative and must 

proceed as directed by on-scene 

enforcement vessels. Any vessel 

permitted to transit the zone will be 

required to continue through the zone 

without pause or delay as directed by 

on-scene enforcement vessels. 

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 


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65322 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 

‘‘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, and 

limited duration of the security zone. 

This zone impacts a small, designated 

area of the Patapsco River for 4 hours. 

Furthermore, vessel traffic can safely 

transit around the security zone within 

the eastern portion of the navigation 

channel. 

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 security 

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 

security zone lasting only 4 hours that 

will prohibit entry within certain 

navigable waters of the Patapsco River. 

It is categorically excluded from further 

review under paragraph L60(c) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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.T05–0786 to read as 

follows: 

§ 165.T05–0786 Security Zone; Patapsco 

River, Baltimore, MD. 

(a) Location. The following area is a 

security zone: All navigable waters of 

the Inner Harbor on the Patapsco River, 

encompassed by a line connecting the 

following points beginning at 

39°16′56.60′′ N, 076°36′26.17′′ W, thence 

to 39°17′1.25′′ N, 076°36′21.67′′ W, 

located at Baltimore, MD. These 

coordinates are based on WGS 84. 

(b) Definitions. As used in this 

section—Captain of the Port (COTP) 

means the Commander, U.S. Coast 

Guard Sector Maryland-National Capital 

Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer, 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 Maryland-National Capital 

Region (COTP) in the enforcement of the 

security zone. 

Official Patrol Vessel means any Coast 

Guard, Coast Guard Auxiliary, State, or 

local law enforcement vessel assigned or 

approved by the COTP. 

USSS protectee means any person for 

whom the United States Secret Service 

requests implementation of a security 


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Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 65323 

zone in order to supplement protection 

of said person(s). 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter or remain 

in the security 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 or 

remain in the Security Zone, contact the 

COTP or the COTP’s representative by 

telephone number 410–576–2693 or on 

Marine Band Radio VHF–FM channel 

16 (156.8 MHz). Those in the security 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(3) Upon being hailed by an official 

patrol vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with lawful direction may 

result in expulsion from the regulated 

area, citation for failure to comply, or 

both. 

(4) Unless specifically authorized by 

on-scene enforcement vessels, any 

vessel granted permission to enter or 

transit the security zone must comply 

with the instructions of the COTP or 

designated representative and operate at 

bare steerage or no-wake speed while 

transiting through the Security Zone, 

and must not loiter, stop, or anchor, and 

shall do so for the entirety of its time 

within the boundaries of the security 

zone. 

(d) Enforcement period. (1) This 

section will be enforced from 4 p.m. 

until 8 p.m. on September 24, 2023. 

(2) This security zone described in 

paragraph (a) of this section will be 

enforced with actual notice by the U.S. 

Coast Guard representatives on-scene, as 

well as other methods listed in 33 CFR 

165.7. The Coast Guard will enforce the 

security zone created by this section 

only when it is necessary for the 

protection of USSS protectees in the 

vicinity of Hampton, Va. The U.S. Coast 

Guard may be additionally assisted in 

the patrol and enforcement of the zone 

by Federal, State, and local agencies. 

Dated: September 18, 2023. 

David E. O’Connell, 

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

Port Sector Maryland-National Capital 

Region. 

[FR Doc. 2023–20562 Filed 9–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0741] 

RIN 1625–AA00 

Safety Zone; Southern Command Dive 

Operation, Gulf of Mexico, Key West, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waterways surrounding Key West, 

Florida, during the Southern 

Command’s (SOCOM) Dive operation. 

The safety zone is necessary to ensure 

the safety of event participants. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Key West or a designated 

representative. 

DATES: This rule is effective from 6 a.m. 

until 9 p.m. on September 26 and 

September 27, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0741 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 rule, call 

or email Lieutenant Hailye Wilson, 

Waterways Management Division, 

Sector Key West, FL, U.S. Coast Guard; 

telephone (305) 292–8768; email 

Hailye.M.Wilson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 

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 the 

Coast Guard did not receive final details 

from the U.S. Army operations 

department within the time required to 

publish an NPRM. Therefore, the Coast 

Guard lacks sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. It is impracticable and contrary 

to the public interest to delay issuing 

this rule because it is necessary to 

protect the safety of participants, the 

public, and vessels transiting the waters 

adjacent to Key West, FL. 

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 event is taking place 

September 26 and 27, 2023, and 

immediate action is needed to respond 

to the potential safety hazards 

associated with this event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority in 46 U.S.C. 70034. 

The Captain of the Port Key West 

(COTP) has determined that potential 

hazards associated with this dive 

operation will be a safety concern for 

persons and vessels in the regulated 

area. This rule is needed to ensure the 

safety of the event participants, the 

general public, vessels and the marine 

environment in the navigable waters 

within the safety zone during the 

Southern Command’s Dive operation. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

certain navigable waters of Key West, 

Florida, during the SOCOM’s Dive 

operation. The safety zone will be 

enforced from 6 a.m. to 9 p.m. on 

September 26 and 27, 2023. The safety 

zone will cover all waters within the 

following coordinates: Latitude 

24°35.724′ N, longitude 081°47.561′ W, 

thence east to latitude 24°35.960′ N, 

longitude 081°46.811′ W, thence south 

to latitude 24°34.802′ N, longitude 

081°47.376′ W, thence west to latitude 

24°34.952′ N, longitude 081°46.858′ W, 

located within the county of Monroe, 

FL. 

No person or vessel will be permitted 

to enter, transit through, anchor in, or 

remain within the safety zone without 

first obtaining permission from the 

COTP or a designated representative. If 


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