65320 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 

demarcate the boundary between the 

airspace where U.S. operators are 

prohibited from conducting operations 

due to flight safety risks associated with 

the conflict in Yemen and where they 

are permitted to operate, as the 

inadvertent risk emanating from 

potential air defense operations is 

primarily confined to Yemen’s land 

territory. 

III. Technical Amendment 

Consistent with the foregoing: 

Prohibited Operations. U.S. civil 

aviation operations remain prohibited in 

the Sanaa FIR (OYSC) in that airspace 

west of a line drawn direct from KAPET 

(163322N 0530614E) to NODMA 

(152603N 0533359E), northwest of a 

line drawn direct from NODMA to 

IMPAG (140638N 0503924E) then from 

IMPAG to TIMAD (115500N 0463500E), 

north of a line drawn direct from 

TIMAD to PARIM (123200N 0432720E), 

and east of a line drawn direct from 

PARIM to RIBOK (154700N 0415230E). 

Use of jet route UN303 is not 

authorized. 

Permitted Operations. U.S. civil 

aviation operations remain permitted in 

the Sanaa FIR (OYSC) in that airspace 

east of a line drawn direct from KAPET 

(163322N 0530614E) to NODMA 

(152603N 0533359E), southeast of a line 

drawn direct from NODMA to IMPAG 

(140638N 0503924E) then from IMPAG 

to TIMAD (115500N 0463500E), south 

of a line drawn direct from TIMAD to 

PARIM (123200N 0432720E), and west 

of a line drawn direct from PARIM to 

RIBOK (154700N 0415230E). Use of jet 

routes UT702 and M999 are authorized. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, 

Yemen. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

■ 2. Amend § 91.1611 by revising 

paragraphs (b) and (c) to read as follows: 

§ 91.1611 Special Federal Aviation 

Regulation No. 115—Prohibition Against 

Certain Flights in Specified Areas of the 

Sanaa Flight Information Region (FIR) 

(OYSC). 

* * * * * 

(b) Flight prohibition. Except as 

provided in paragraphs (c) and (d) of 

this section, no person described in 

paragraph (a) of this section may 

conduct flight operations in the portion 

of the Sanaa Flight Information Region 

(FIR) (OYSC) that is west of a line 

drawn direct from KAPET (163322N 

0530614E) to NODMA (152603N 

0533359E), northwest of a line drawn 

direct from NODMA to IMPAG 

(140638N 0503924E) then from IMPAG 

to TIMAD (115500N 0463500E), north of 

a line drawn direct from TIMAD to 

PARIM (123200N 0432720E), and east of 

a line drawn direct from PARIM to 

RIBOK (154700N 0415230E). Use of jet 

route UN303 is not authorized. 

(c) Permitted operations. This section 

does not prohibit persons described in 

paragraph (a) of this section from 

conducting flight operations in the 

Sanaa FIR (OYSC) under the following 

circumstances: 

(1) Permitted operations that do not 

require an approval or exemption from 

the FAA. Flight operations may be 

conducted in the Sanaa FIR (OYSC) in 

that airspace east of a line drawn direct 

from KAPET (163322N 0530614E) to 

NODMA (152603N 0533359E), 

southeast of a line drawn direct from 

NODMA to IMPAG (140638N 0503924E) 

then from IMPAG to TIMAD (115500N 

0463500E), south of a line drawn direct 

from TIMAD to PARIM (123200N 

0432720E), and west of a line drawn 

direct from PARIM to RIBOK (154700N 

0415230E). Use of jet routes UT702 and 

M999 are authorized. All flight 

operations conducted under this 

subparagraph must be conducted 

subject to the approval of, and in 

accordance with the conditions 

established by, the appropriate 

authorities of Yemen. 

(2) Operations permitted under an 

approval or exemption issued by the 

FAA. Flight operations may be 

conducted in the Sanaa FIR (OYSC) in 

that airspace west of a line drawn direct 

from KAPET (163322N 0530614E) to 

NODMA (152603N 0533359E), 

northwest of a line drawn direct from 

NODMA to IMPAG (140638N 0503924E) 

then from IMPAG to TIMAD (115500N 

0463500E), north of a line drawn direct 

from TIMAD to PARIM (123200N 

0432720E), and east of a line drawn 

direct from PARIM to RIBOK (154700N 

0415230E) if such flight operations are 

conducted under a contract, grant, or 

cooperative agreement with a 

department, agency, or instrumentality 

of the U.S. Government (or under a 

subcontract between the prime 

contractor of the U.S. Government 

department, agency, or instrumentality 

and the person subject to paragraph (a)), 

with the approval of the FAA, or under 

an exemption issued by the FAA. The 

FAA will consider requests for approval 

or exemption in a timely manner, with 

the order of preference being: First, for 

those operations in support of U.S. 

Government-sponsored activities; 

second, for those operations in support 

of government-sponsored activities of a 

foreign country with the support of a 

U.S. government department, agency, or 

instrumentality; and third, for all other 

operations. 

* * * * * 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f) and (g), 

40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), 

on September 15, 2023. 

Brandon Roberts, 

Executive Director, Office of Rulemaking. 

[FR Doc. 2023–20530 Filed 9–21–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0511 

Special Local Regulation; Swim the 

Loop and Motts Channel Sprint; 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the ‘‘Swim 

the Loop and Motts Channel Sprint’’ on 

October 15, 2023, to provide for the 

safety of life on navigable waterways 

during this event. Our regulation for 

marine events within the Fifth Coast 

Guard District identifies the regulated 

area for this event, which lies in the 

vicinity of Wrightsville Beach, NC. 

During the enforcement period, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander or any official 

authorized by the Captain of the Port 

(COTP), Sector North Carolina. 

DATES: The regulation identified in the 

‘‘Event’’ column of Table 4 to 33 CFR 

100.501(i)(4) as covering the Swim the 

Loop and Motts Channel Sprint will be 

enforced from 7 a.m. until 11 a.m. on 

October 15, 2023. 


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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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