Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65131 

investigations to be continuously 

reinvestigated. 

(B) Subsection (c)(4), (d)(3) and (4). 

These subsections are inapplicable to 

the extent that an exemption is being 

claimed from subsections (d)(1) and (2). 

Accordingly, exemption from 

subsection (c)(4) is claimed pursuant to 

(j)(2) and exemptions from subsections 

(d)(3) and (d)(4) are claimed pursuant to 

(j)(2), (k)(1), (k)(2), and (k)(5). 

(C) Subsection (e)(1). In the collection 

of information for investigatory and law 

enforcement purposes it is not always 

possible to conclusively determine the 

relevance and necessity of particular 

information in the early stages of the 

investigation or adjudication. In some 

instances, it will be only after the 

collected information is evaluated in 

light of other information that its 

relevance and necessity for effective 

investigation and adjudication can be 

assessed. Collection of such information 

permits more informed decision-making 

by the Department when making 

required disciplinary and prosecutorial 

determinations. Additionally, records 

within this system may be properly 

classified pursuant to Executive order. 

Accordingly, application of exemptions 

(j)(2), (k)(1), (k)(2), and (k)(5) may be 

necessary. 

(D) Subsection (e)(2). To collect 

information from the subject individual 

could serve notice that he or she is the 

subject of a criminal investigation and 

thereby present a serious impediment to 

such investigations. Collection of 

information only from the individual 

accused of criminal activity or 

misconduct could also subvert 

discovery of relevant evidence and 

subvert the course of justice. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(E) Subsection (e)(3). To inform 

individuals as required by this 

subsection could reveal the existence of 

a criminal investigation and 

compromise investigative efforts. 

Accordingly, application of exemption 

(j)(2) may be necessary. 

(F) Subsection (e)(4)(G) and (H). 

These subsections are inapplicable to 

the extent exemption is claimed from 

subsections (d)(1) and (2). Accordingly, 

application of exemptions (j)(2), (k)(1), 

(k)(2), and (k)(5) may be necessary. 

(G) Subsection (e)(4)(I). To the extent 

that this provision is construed to 

require more detailed disclosure than 

the broad, generic information currently 

published in the system notice, an 

exemption from this provision is 

necessary to protect the confidentiality 

of sources of information and to protect 

the privacy and physical safety of 

witnesses and informants. Accordingly, 

application of exemptions (j)(2), (k)(1), 

(k2), and (k)(5) may be necessary. 

(H) Subsection (e)(5). It is often 

impossible to determine in advance if 

investigatory records contained in this 

system are accurate, relevant, timely 

and complete, but, in the interests of 

effective law enforcement, it is 

necessary to retain this information to 

maintain an accurate record of the 

investigatory activity to preserve the 

integrity of the investigation and satisfy 

various Constitutional and evidentiary 

requirements, such as mandatory 

disclosure of potentially exculpatory 

information in the investigative file to a 

defendant. It is also necessary to retain 

this information to aid in establishing 

patterns of activity and provide 

investigative leads. With the passage of 

time, seemingly irrelevant or untimely 

information may acquire new 

significance as further investigation 

brings new details to light and the 

accuracy of such information can only 

be determined through judicial 

processes. Accordingly, application of 

exemption (j)(2) may be necessary. 

(I) Subsection (e)(8). To serve notice 

of records being made available under 

compulsory legal process could give 

persons sufficient warning to evade 

investigative efforts. Accordingly, 

application of exemption (j)(2) may be 

necessary. 

(J) Subsection (f). The agency’s rules 

are inapplicable to those portions of the 

system that are exempt. Accordingly, 

application of exemptions (j)(2), (k)(1), 

(k)(2) and (k)(5) may be necessary. 

(K) Subsection (g). This subsection is 

inapplicable to the extent that the 

system is exempt from other specific 

subsections of the Privacy Act. 

Accordingly, an exemption from 

subsection (g) is claimed pursuant to 

(j)(2). 

(iv) Exempt records from other 

systems. In the course of carrying out 

the overall purpose for this system, 

exempt records from other systems of 

records may in turn become part of the 

records maintained in this system. To 

the extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the DoD 

claims the same exemptions for the 

records from those other systems that 

are entered into this system, as claimed 

for the prior system(s) of which they are 

a part, provided the reason for the 

exemption remains valid and necessary. 

* * * * * 

Dated: September 15, 2023. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2023–20434 Filed 9–20–23; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0666] 

Special Local Regulations; Marine 

Events Within the Captain of the Port 

of Charleston 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a special local regulation for the Swim 

around Charleston on September 24, 

2023, to provide for the safety of life on 

navigable waterways during this event. 

Our regulation for marine events within 

the Captain of the Port Charleston 

identifies the regulated area for this 

event in Charleston, SC. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the 

Captain of the Port Charleston or a 

designated representative. 

DATES: The regulations in 33 CFR 

100.704 will be enforced for the location 

identified in Item 9 of Table 1 to 

§ 100.704, from 9 a.m. through 4 p.m. on 

September 24, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Petty Officer Adam Krukowski, 

Sector Charleston, Waterways 

Management Division, U.S. Coast 

Guard; 843–740–3186, email 

Adam.B.Krukowski@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.704, Table 1 

to § 100.704, Item 9, for the Swim 

Around Charleston regulated area from 

9 a.m. to 4 p.m. on September 24, 2023. 

This action is being taken to provide for 

the safety of life on navigable waterways 

during this event. Our regulation for 

marine events within the Captain of the 

Port Charleston § 100.704, specifies the 

location of the Swim Around Charleston 

as a moving safety zone including all 

waters 50 yards in front of the lead 

safety vessel preceding the first race 

participants, 50 yards behind the safety 

vessel trailing the last race participants, 


ddrumheller on DSK120RN23PROD with RULES1
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 


ddrumheller on DSK120RN23PROD with RULES1