Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67095 

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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 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 

establishment of a temporary moving 

safety zone for navigable waters of the 

La Quinta Channel between gated pair 

lights 11 and 12 to the sea buoy. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the rig NFE PIONEER II 

while it is towed from Kiewit Offshore 

Services. It is categorically excluded 

from further review under paragraph 

L60(c), in 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 contact 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.T08–0806 to read as 

follows: 

§ 165.T08–0806 Safety Zone; La Quinta 

and Corpus Christi Shipping Channel, 

Ingleside, TX. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

La Quinta Channel between gated pair 

lights 11 and 12 to the sea buoy. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Corpus Christi (COTP) or a 

designated representative. 

(b) Enforcement period. This section 

will be subject to enforcement from 6 

a.m. to 6 p.m. on each day, from 

September 26, 2023, through October 

10, 2023. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this temporary, 

moving safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. They may be contacted 

on Channel 16 VHF–FM (156.8 MHz) or 

by telephone at 361–939–0450. 

(2) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts as 

appropriate. 

Dated: September 22, 2023. 

Jason Gunning, 

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

Port, Sector Corpus Christi. 

[FR Doc. 2023–21425 Filed 9–28–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0622] 

RIN 1625–AA00 

Safety Zone; Pacific Ocean, 

Huntington Beach, California 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing a safety zone offshore of 

Huntington Beach, CA in support of the 

Pacific Airshow. This action is 

necessary to provide for the safety of life 

on these navigable waters in the area of 

the air and water demonstrations and to 

protect the high concentration of people 

attending the event. This regulation 

prohibits vessels from entering into, 

transiting through, or remaining within 

the designated area unless specifically 

authorized by the Captain of the Port, 

Sector Los Angeles—Long Beach 

(COTP), or a designated representative. 

DATES: This rule is effective from 9:30 

a.m. on September 29, 2023 through 5 

p.m. on October 1, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0622 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 


lotter on DSK11XQN23PROD with RULES1
67096 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Kevin Kinsella, U.S. 

Coast Guard Sector Los Angeles—Long 

Beach; telephone (310) 467–2099, email 

D11-SMB-SectorLALB-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Los Angeles— 

Long Beach 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ 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. The Coast Guard received 

final details for this event on August 30, 

2023 and the final details for a related 

and adjacent marine event impacting 

the drafting of this rule on July 14, 2023. 

There was insufficient time to undergo 

the full rulemaking process, including 

providing a reasonable comment period 

and considering those comments, 

because the Coast Guard must establish 

this temporary safety zone by September 

29, 2023. 

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 contrary to the public 

interest because immediate action is 

needed to address potentially hazardous 

conditions associated with high-speed 

maneuvers from aircraft and waterborne 

vessels for a search and rescue 

demonstration. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

COTP has determined that potential 

hazards associated with navigational 

safety may arise due to multiple low 

flying aircraft flight paths and stunt 

performances over the waters off 

Huntington Beach. This air show will 

consist of numerous military and 

civilian aircraft performing aerobatic 

maneuvers at high speed within the 

lateral limits of an aerobatic box that 

would extend from the surface of the 

water to 15,000 feet above mean sea 

level (MSL). The event at Huntington 

Beach generates over 800 spectator craft 

in attendance each year. This safety 

zone is to ensure the safety of and 

reduce the risk to the public and 

mariners in the vicinity of the aerobatic 

performance. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:30 a.m. on September 29, 2023, 

through 5 p.m. on October 1, 2023. 

Based on the safety risks described 

above, the Coast Guard is proposing to 

establish a safety zone in the vicinity of 

Huntington Beach for the Pacific Air 

Show. The safety zone would 

encompass all navigable waters from the 

surface to the sea floor in an area bound 

by the following coordinates: 33°38.391′ 

N; 117°58.820′ W, 33°37.984′ N; 

117°59.187′ W, 33° 39.184′ N; 

118°1.111′W, 33°39.591′ N; 118°0.745′ 

W. All coordinates displayed are 

referenced by North American Datum of 

1983. The duration of the zone is 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after the scheduled race. 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866, as amended by Executive 

Order 14094. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The size of 

the zone is the minimum necessary to 

provide adequate protection for the 

waterway’s users, adjoining areas, and 

the public. The zone will be enforced 

during the scheduled times of 9:30 a.m. 

to 5 p.m. on three days. Commercial 

vessel traffic will not be affected by the 

establishment of the safety zone due to 

its overall proximity to the shore. 

Recreational water users will be able to 

transit around the safety 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. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67097 

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 encompassing an area in vicinity 

of Huntington Beach and the 

Huntington Beach Pier. It is 

categorically excluded from further 

review under paragraph L60(a), in Table 

3–1 of U.S. Coast Guard Environmental 

Planning Implementing Procedures. It is 

categorically excluded from further 

review under paragraph 60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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.T11–140 to read as 

follows: 

§ 165.T11–140 Safety Zone; Pacific Ocean, 

Huntington Beach, California. 

(a) Location. The following area is a 

safety zone: All navigable waters from 

the surface to the sea floor consisting of 

a line connecting the following 

coordinates: 33°38.391′ N; 117°58.820′ 

W, 33°37.984′ N; 117°59.187′ W, 

33°39.184′ N; 118°1.111′ W, 33°39.591′ 

N; 118°0.745′ W. These coordinates are 

based on North American Datum of 

1983. 

(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 Los Angeles-Long Beach 

(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 hailing Coast Guard 

Sector Los Angeles—Long Beach on 

VHF–FM Channel 16 or calling at (310) 

521–3801. 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 period. The 

temporary safety zone will be enforced 

from 9:30 a.m. to 5 p.m. each day from 

September 29, 2023, to October 1, 2023. 

The marine public will be notified of 

this safety zone via Broadcast Notice to 

Mariners. If the COTP determines that 

the zone need not be enforced during 

this entire period, the Coast Guard will 

announce via Broadcast Notice to 

Mariners when the zone will no longer 

be subject to enforcement. 

Dated: September 21, 2023. 

R.D. Manning, 

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

Port Los Angeles—Long Beach. 

[FR Doc. 2023–21302 Filed 9–28–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2023–0342: FRL–11155– 

02–R10] 

Air Plan Approval; Washington; 

Southwest Clean Air Agency, General 

Air Quality Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Washington State Implementation 

Plan (SIP) that were submitted on June 

22, 2023, by the Department of Ecology 

in coordination with the Southwest 

Clean Air Agency (SWCAA). In 2017, 

the EPA approved a comprehensive 

update to SWCAA 400 General 

Regulations for Air Pollution Sources in 

the SIP, which includes new source 

review permitting requirements as well 

as other general requirements for 

sources regulated under SWCAA’s 

jurisdiction. In this action, the EPA is 

approving minor updates to SWCAA 

400 promulgated since our 

comprehensive approval in 2017. 

DATES: This final rule is effective 

October 30, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 


lotter on DSK11XQN23PROD with RULES1