Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67091 

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 

temporary safety zone lasting 11 hours 

each day from October 2 through 

October 5, 2023, on the Ohio 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 

Marine Safety, Navigation (water), 

Reporting, and recordkeeping 

requirements, 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.T08–0721 to read as 

follows: 

§ 165.T08–0721 Safety Zone Ohio River, 

Wellsburg, WV. 

(a) Location. The following area is a 

temporary safety zone on the Ohio River 

from mile marker 79.5 to mile marker 

80. 

(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 safety zone. 

Designated representative include safety 

boat provided by the event organizers. 

(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 on Channel 16 or at 412– 

670–4288. To seek permission, 

concerned traffic may reach contact the 

event organizers on channel 13 or at 

(304) 997–5418. 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. This section 

will be enforced from 8 a.m. through 7 

p.m. from October 2, 2023, through 

October 5, 2023. The temporary safety 

zone will be enforced during the 11 

hours helicopter operation. 

Eric J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port, MSU Pittsburgh. 

[FR Doc. 2023–21381 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–2023–0621] 

RIN 1625–AA00 

Safety Zone; Pacific Ocean, Catalina 

Island, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone near Ship 

Rock, Catalina Island, in support of the 

Ocean Cup Pacific Rum Run. This 

action is necessary to protect the area 

near Ship Rock, Catalina Island, public 

vessels, and the high-speed vessels 

participating in the event. This 

regulation would prohibit vessels from 

entering, transiting through, or 

remaining within the designated area 

unless specifically authorized by the 


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67092 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

Captain of the Port, Los Angeles—Long 

Beach, or his designated representative. 

DATES: This rule is effective from 6:30 

a.m. to noon on September 29, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0621 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on 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 Ocean Cup Pacific Rum Run race 

is planned in conjunction with the 

Pacific Air Show. The course begins off 

Huntington Beach Pier, proceeds to 

Ship Rock, circumnavigates Catalina 

Island back to Ship Rock, and returns to 

the finish at the Huntington Beach Pier. 

The Captain of the Port (COTP), Los 

Angeles—Long Beach has determined 

that potential hazards associated with 

event safety may arise due to the 

expected high concentration of vessels 

in the general area, along with the highspeed race vessels. For these reasons, 

the Coast Guard believes that a safety 

zone is necessary to ensure the safety of, 

and reduce the risk to, the public and 

mariners around Catalina Island. 

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 did not 

receive final details for this event until 

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 vessels during the race. 

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 (COTP), Los 

Angeles—Long Beach has determined 

that potential hazards associated with 

event safety may arise due to the 

expected high concentration of vessels 

in the general area along with the highspeed race vessels. The purpose of this 

rule is to ensure the safety of, and 

reduce the risk to, the public, and 

mariners around Catalina Island before, 

during, and after the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 6:30 a.m. to noon on September 29, 

2023. The safety zone would encompass 

all navigable waters from the surface to 

the sea floor consisting of a line 

connecting the following coordinates: 

33°39′11′′ N, 118°0′22′′ W; 33°27′42′′ N, 

118°29′28′′ W; 33°24′51′′ N, 118°30′7′′ 

W; 33°39′5′′ N, 118°0′28′′ 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. Commercial 

vessel traffic will be able to safely 

transit through this safety zone, with 

coordination by the Captain of the Port 

or their designated representative. The 

Coast Guard and Vessel Traffic Service/ 

Marine Exchange will coordinate and 

mitigate all inbound and outbound 

commercial traffic movements through 

the racecourse. Recreational traffic will 

be able to transit around this 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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67093 

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 encompassing an area near Ship 

Rock, Catalina Island for the Ocean Cup 

Pacific Rum Run. 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.T11–141 to read as 

follows: 

§ 165.T11–141 Safety Zone; Pacific Ocean, 

Catalina, 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°39′11′′ N, 118°0′22′′ W; 

33°27′42′′ N, 118°29′28′′ W; 33°24′51′′ N, 

118°30′7′′ W; 33°39′5′′ N, 118°0′28′′ 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. This safety 

zone will be enforced from 6:30 a.m. to 

noon on September 29, 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. 2023–21380 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–2023–0806] 

RIN 1625–AA00 

Safety Zone; La Quinta and Corpus 

Christi Shipping Channel, Ingleside, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary, moving safety 

zone for all navigable waters of the La 

Quinta and Corpus Christi Shipping 

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 arising from the 

towing of the rig NFE PIONEER II. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 


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