70360 Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Rules and Regulations 

Country Entity License 

requirement 

License 

review policy Federal Register citation 

235 SK Kamac, Apt No. 6, Ic Kapi No. 3, Yildiz 

Mah., Muratpasa, Antalya, 11111, Turkey; and 

37 Sokak, Cengizhan Apt Block No: 6/102, 

Kisla Mah., Muratpasa, Antalya, 07040, Turkey. 

* * * * * * 

*******

UNITED ARAB 

EMIRATES.

* * * * * * 

Hulm al Sahra Elect Devices TR, a.k.a., the following one alias: 

—Hulm Al Sahra. 

For all items subject to the EAR. 

(See § 744.11 of the EAR).

Policy of denial ........ 88 FR [INSERT FR PAGE NUMBER; October 11, 2023. 

P.O. Box 62105, Al Dhaid, New Industrial Area 

Sharjah, Sharjah, United Arab Emirates; and 

Building 38, Industrial Area No.1, Al Dhaid 

City, Sharjah, United Arab Emirates; and Al 

Khan 2 Street 1, Al Dhaid City, Sharjah, 

235545, United Arab Emirates. 

* * * * * * * 

UNITED KINGDOM.* * * * * * 

China Shengshi International Trade Ltd., a.k.a., 

the following one alias: 

—Hong Kong Development Group. 

For all items subject to the EAR. 

(See § 744.11 of the EAR).

Policy of denial ........ 88 FR [INSERT FR PAGE NUMBER; October 11, 2023. 

P.O. Box 957, Offshore Incorporations Center, 

Road Town, Tortola, British Virgin Islands. 

(See alternate address under China). 

* * * * * * 

*******

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–22536 Filed 10–6–23; 11:15 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0815] 

RIN 1625–AA00 

Safety Zone; Southport Swing Bridge, 

Southport, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Townsend 

Gut within a 50-yard radius from the 

center of the Southport Swing Bridge, in 

Southport, ME. When enforced, this 

regulation will prohibit waterside entry 

of vessels or persons into the safety zone 

unless authorized by Captain of the Port 

for Sector Northern New England or a 

designated representative. The safety 

zone is necessary to protect personnel, 

vessels, and marine environment from 

potential hazards created by 

construction and remediation of the 

Southport Swing Bridge. 

DATES: This rule is effective from 

October 23, 2023 through May 17, 2024. 

Comments and related material must be 

received by the Coast Guard on or before 

December 11, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0815 in the search box and click 

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

column, select ‘‘Supporting & Related 

Material.’’ 

You may submit comments identified 

by docket number USCG–2023–0815 

using the Federal Decision-Making 

Portal at https://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFROMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Zachary Wetzel, Sector 

Northern New England, U.S. Coast 

Guard; telephone 207–808–9137, email 

NNEWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Northern 

New England 

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 

On August 29, 2023, the Coast Guard 

was made aware by the Cianbro 

Companies of the Southport Swing 

Bridge rehabilitation and construction 

project in Southport, ME, Maine DOT 

Project WIN 021751.01. Marine 

construction actions will consist of 

coating repairs, replacement of the 

fender and pier system, full machinery 

and controls system upgrade, deck 

replacement and a number of structural 

repairs. During these construction 

activities work and crane barges are 

expected to block the channel and the 

bridge will be unable to open for vessel 

traffic. The Captain of the Port Sector 

Northern New England (COTP) has 

determined that potential hazards 

associated with the bridge construction 

would be a safety concern for anyone 

within a 50-yard radius of the center 

point of the bridge. If the project is 

completed prior to May 17, 2024, 


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enforcement of the safety zone will be 

suspended and notice given via 

Broadcast Notice to Mariners, Local 

Notice to Mariners, or both. The Coast 

Guard anticipates that this safety zone 

period is the first in a several year 

multi-phase bridge construction and 

remediation project. The Coast Guard 

will consider comments in issuing a 

subsequent temporary interim rule or 

temporary final rule. 

The Coast Guard is issuing this 

temporary interim 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 doing 

so would be impracticable and contrary 

to the public interest. The notice 

allowing the construction project to 

proceed and providing updated 

timelines for the project was only 

recently finalized and provided to the 

Coast Guard, which did not give the 

Coast Guard enough time to publish a 

NPRM, take public comments, and issue 

a final rule before the existing regulation 

expires. Timely action is needed to 

respond to the potential safety hazards 

associated with the construction and 

rehabilitation the Southport Swing 

Bridge. It would be impracticable and 

contrary to the public interest to publish 

a NPRM because we must establish the 

safety zone as soon as possible to 

protect the safety of the waterway users, 

construction crew, and other personnel 

associated with the bridge project. A 

delay of the project to accommodate a 

full notice and comment period would 

delay necessary operations, result in 

increased costs, and delay the 

completion date of the bridge project 

and subsequent reopening of the 

Southport Swing Bridge for normal 

operations. 

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 reasons stated in the 

preceding paragraph, delaying the 

effective date of this rule would be 

impracticable and contrary to the public 

interest because timely action is needed 

to respond to the potential safety 

hazards associated with the project. 

We are soliciting comments on this 

rulemaking. If the Coast Guard 

determines that changes to the 

temporary interim rule are necessary, 

we will publish a temporary final rule 

or other appropriate document. 

III. Legal Authority and Need for Rule 

Coast Guard is issuing this temporary 

interim rule under authority in 46 

U.S.C. 70034. The COTP determined 

that potential hazards associated with 

this bridge construction and 

remediation project will be a safety 

concern for anyone within the work 

zone through May 17, 2024. The 

construction and remediation of the 

bridge will be extremely complex and 

present many safety hazards including 

overhead operations, potential falling 

debris, and barges positioned along the 

length of the bridge. In order to mitigate 

the inherent risks involved with the 

remediation of a bridge, it is necessary 

to control vessel movement through the 

area. The purpose of this temporary 

interim rule is to ensure the safety of the 

waterway users, the public, and 

construction workers for the duration of 

the bridge construction. In order to 

minimize such unexpected or 

uncontrolled movement of water no 

vessel may stop, moor, anchor, or loiter 

within the safety zone at any time 

unless receiving permission from the 

COTP or a designated representative. 

This temporary interim rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone during the 

bridge construction project. 

IV. Discussion of the Rule 

This temporary interim rule 

establishes a temporary safety zone from 

October 23, 2023, through May 17, 2024. 

This rule will prohibit all persons and 

vessel traffic from the safety zone unless 

exceptions are authorized by the COTP 

or a designated representative. 

The Coast Guard will notify the 

public and local mariners of this safety 

zone through appropriate means, which 

may include, but are not limited to, 

publication in the Federal Register, the 

Local Notice to Mariners, and Broadcast 

Notice to Mariners via marine Channel 

16 (VHF–FM) in advance of any 

enforcement. 

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, duration, 

and time-of-day of the safety zone. The 

safety zone is only in effect for 

navigable water of the Townsend Gut 

within a 50-yard radius of the center 

point of the Southport Swing Bridge. 

This waterway is typically transited by 

smaller craft on an infrequent basis over 

the winter months. Vessel traffic is able 

to safely transit around this safety zone 

with a slight delay (approximately 30– 

120 minutes) by transiting around 

Southport Island to reach any 

destination on the other side of 

Townsend Gut. Additionally, the rule 

allows vessels to seek permission to 

enter the zone. Moreover, the Coast 

Guard will notify the public of 

enforcement of this rule via appropriate 

means, such as via Local Notice to 

Mariners and Broadcast Notice to 

Mariners via marine Channel 16 (VHF– 

FM). 

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 

temporary interim 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 temporary interim 

rule. If this rule would affect your small 


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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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

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 that will prohibit 

entry within a 50-yard radius from the 

center of the Southport Swing Bridge 

during its construction and 

rehabilitation. 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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

http://www.regulations.gov. To do so, go 

to https://www.regulations.gov, type 

USCG–2023–0815 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this rule as 

being available in the docket, find the 

docket as described in the previous 

paragraph, and then select ‘‘Supporting 

& Related Material’’ in the Document 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on the https://www.regulations.gov 

Frequently Asked Questions web page. 

We review all comments received, but 

we will only post comments that 

address the topic of the rule. We may 

choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comment we 

post to http://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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.T01–0815 to read as 

follows: 

§ 165.T01–0815 Safety Zone; Southport 

Swing Bridge, Southport, ME. 

(a) Location. The following area is a 

safety zone. All navigable waters on 

Townsend Gut within a 50-yard radius 

from the center of the Southport Swing 

Bridge, in Southport, ME, in position 

43°50′33.9′′ N 69°39′14.4′′ W (NAD 83). 

(b) Definitions. As used in this 

section: 

Designated representative means any 

Coast Guard commissioned, warrant, 


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petty officer, or any federal, state, or 

local law enforcement officer who has 

been designated by the Captain of the 

Port Northern New England (COTP), to 

act on his or her behalf. The designated 

representative may be on an official 

patrol vessel or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

Official patrol vessels mean any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP to enforce this 

section. 

(c) Effective and Enforcement Period. 

The safety zone in paragraph (a) of this 

section is in effect from October 23, 

2023, through May 17, 2024, and is 

subject to enforcement 24 hours a day. 

(d) Regulations. When this safety zone 

is enforced, the following regulations, 

along with those contained in 33 CFR 

165.23 apply: 

(1) No person or vessel may enter or 

remain the safety zone described in 

paragraph (a) without the permission of 

the COTP or the COTP’s designated 

representative. However, any vessel that 

is granted permission to enter or remain 

in this zone by the COTP or the COTP’s 

designated representative must proceed 

through the zone with caution and 

operate at a speed no faster than that 

speed necessary to maintain a safe 

course, unless otherwise required by the 

Navigation Rules. 

(2) Any person or vessel permitted to 

enter the safety zone shall comply with 

the directions and orders of the COTP 

or the COTP’s designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

lights, or other means, the operator of a 

vessel within the zone shall proceed as 

directed. Any person or vessel within 

the safety zone shall exit the zone when 

directed by the COTP or the COTP’s 

designated representative. 

(3) To obtain permission required by 

this regulation, individuals may reach 

the COTP or the COTP’s designated 

representative via Channel 16 (VHF– 

FM) or (207) 741–5465 (Sector Northern 

New England Command Center). 

(e) Penalties. Those who violate this 

section are subject to the penalties set 

forth in 46 U.S.C. 70036. 

Dated: October 2, 2023. 

Amy Florentino, 

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

Port Northern New England. 

[FR Doc. 2023–22340 Filed 10–10–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 402 

45 CFR Part 102 

[CMS–6061–F] 

RIN 0938–AT86 

Medicare Program; Medicare 

Secondary Payer and Certain Civil 

Money Penalties 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule will specify 

how and when CMS must calculate and 

impose civil money penalties (CMPs) 

when group health plan (GHP) and nongroup health plan (NGHP) responsible 

reporting entities (RREs) fail to meet 

their Medicare Secondary Payer (MSP) 

reporting obligations by failing to 

register and report as required by MSP 

reporting requirements. This final rule 

will also establish CMP amounts and 

circumstances under which CMPs will 

and will not be imposed. 

DATES: 

Effective date: This final rule is 

effective on December 11, 2023. 

Applicability date: The provisions of 

this rule are applicable on or after 

October 11, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Brian Broznowicz, (410) 786–3349. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Imposition of Civil Money Penalties 

(CMPs)—Legislative Overview 

In 1981, the Congress added section 

1128A to the Social Security Act (the 

Act) (section 2105 of Pub. L. 97–35) to 

authorize the Secretary of Health and 

Human Services (the Secretary) to 

impose civil money penalties (CMPs) 

and assessments on certain health care 

facilities, health care practitioners, and 

other suppliers for noncompliance with 

rules of the Medicare and Medicaid 

programs. CMPs and assessments 

provide an enforcement tool for 

agencies to use to ensure compliance 

with statutory and regulatory 

requirements. These CMPs and 

assessments may be imposed in 

addition to potential criminal or civil 

penalties. 

Since 1981, the Congress has 

increased both the number and the 

types of circumstances under which the 

Secretary may impose CMPs. Some CMP 

authorities address fraud, 

misrepresentation, or falsification, while 

others address noncompliance with 

programmatic or regulatory 

requirements. The Secretary has 

delegated the authority for certain 

provisions to either the Office of 

Inspector General (OIG) or Centers for 

Medicare & Medicaid Services (CMS). 

(See the October 20, 1994, notice, titled 

‘‘Office of Inspector General; Health 

Care Financing Administration; 

Statement of Organization, Functions, 

and Delegations of Authority’’ (58 FR 

52967).) A summary of these CMP 

changes is discussed in this section of 

this final rule. 

B. Medicare Secondary Payer History 

In 1980, the Congress added section 

1862(b) of the Act, which defined when 

Medicare is the secondary payer to 

certain primary plans. These provisions 

are known as the Medicare Secondary 

Payer (MSP) provisions of the Act. 

Section 1862(b)(2)(A) of the Act 

prohibits Medicare from making 

payment if payment has been made, or 

can reasonably be expected to be made 

by any of the following primary plans: 

• Group Health Plans (GHPs). 

• Workers’ compensation plans. 

• Liability insurance (including selfinsurance). 

• No-fault insurance. 

Medicare may make conditional 

payments, subject to Medicare payment 

rules, in situations where workers’ 

compensation, liability insurance 

(including self-insurance), or no-fault 

insurance has not made payment or 

cannot be expected to make payment 

promptly. Any conditional payments 

that Medicare makes are subject to 

reimbursement from the primary plan. 

See section 1862(b)(2)(B) of the Act. 

C. Legislative Provisions Regarding 

Mandatory Reporting Requirements 

To enhance enforcement of the MSP 

provisions, section 111 of the Medicare, 

Medicaid, and SCHIP Extension Act of 

2007 (MMSEA) (Pub. L. 110–173) added 

paragraphs (7) and (8) to section 1862(b) 

of the Act. These paragraphs established 

new mandatory reporting requirements 

regarding Medicare beneficiaries who 

have coverage under GHP arrangements, 

as well as when liability insurance 

(including self-insurance), no-fault 

insurance, or workers’ compensation 

(collectively referred to as Non-Group 

Health Plans, or NGHPs) provide 

settlements, judgments, awards, or 

assume other payment responsibility for 

Medicare beneficiaries’ care. Sections 

1862(b)(7)(A) and (b)(8)(F) of the Act 

define those parties responsible for this 


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