68462 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that BOEM has not met 

these requirements, send comments by 

one of the methods listed in the 

ADDRESSES section. 

List of Subjects in 30 CFR Part 585 

Administrative practice and 

procedure, Continental shelf, Energy, 

Intergovernmental relations, Marine 

resources, Natural resources, Renewable 

energy, Rights-of-way. 

This action by the Principal Deputy 

Assistant Secretary is taken herein 

pursuant to an existing delegation of 

authority. 

Laura Daniel-Davis, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, the BOEM amends 30 CFR 

part 585 as follows: 

PART 585—RENEWABLE ENERGY ON 

THE OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 585 

continues to read as follows: 

Authority: 43 U.S.C. 1337. 

■ 2. Amend § 585.113 by revising the 

definition of ‘‘Outer Continental Shelf 

(OCS)’’ and by adding the definition of 

‘‘State’’ in alphabetical order to read as 

follows: 

§ 585.113 Definitions. 

* * * * * 

Outer Continental Shelf (OCS) means 

all submerged lands lying seaward and 

outside of the area of lands beneath 

navigable waters as defined in the 

Submerged Lands Act (43 U.S.C. 1301) 

and of which the subsoil and seabed 

appertain to the United States and are 

subject to its jurisdiction and control or 

within the exclusive economic zone of 

the United States and adjacent to any 

territory of the United States; and does 

not include any area conveyed by 

Congress to a territorial government for 

administration. 

* * * * * 

State means: 

(1) Each of the several States; 

(2) The Commonwealth of Puerto 

Rico; 

(3) Guam; 

(4) American Samoa; 

(5) The United States Virgin Islands; 

and 

(6) The Commonwealth of the 

Northern Mariana Islands. 

* * * * * 

[FR Doc. 2023–21713 Filed 10–3–23; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0767] 

Regulated Area; San Francisco Bay 

Navy Fleet Week Parade of Ships and 

Blue Angels Demonstration, San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the regulated areas in the navigable 

waters of the San Francisco Bay for the 

San Francisco Bay Navy Fleet Week 

Parade of Ships and Blue Angels Survey 

Flight and Demonstration days from 

October 5 through October 8, 2023. This 

action is necessary to ensure the safety 

of event participants and spectators. 

During the enforcement period, 

unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or anchoring in the regulated 

area, unless authorized by the Patrol 

Commander (PATCOM). This 

notification of enforcement (NOE) 

announces the dates and times for 

enforcement. 

DATES: The regulations in 33 CFR 

100.1105 will be enforced from 12 p.m. 

until 7 p.m. on October 5, 2023; from 

10:30 a.m. until 5 p.m. on October 6, 

2023; and from 11:30 a.m. until 5 p.m. 

daily on October 7, 2023, and October 

8, 2023, for the regulated areas 

identified in the SUPPLEMENTARY

INFORMATION section below for the dates 

and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant William Harris, Coast 

Guard Sector San Francisco, Waterways 

Management Division, 415–399–7443, 

SFWaterwasy@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

regulated areas for the annual San 

Francisco Bay Navy Fleet Week Parade 

of Ships and Blue Angels Demonstration 

in 33 CFR 100.1105. This NOE 

announces the dates and times that the 

regulated areas will be enforced daily on 

October 5, 2023, through October 8, 

2023, as described in the following 

paragraphs. 

The regulated area ‘‘Alpha’’ in 

§ 100.1105(b)(1) for the Navy Parade of 

Ships will be enforced from 10:30 a.m. 

until 12:30 p.m. on October 6, 2023. The 

regulated area ‘‘Bravo’’ in 

§ 100.1105(b)(2) for the U.S. Navy Blue 

Angels will be enforced from 12 p.m. 

until 7 p.m. on October 5, 2023, and 

11:30 a.m. until 5 p.m. daily from 

October 6, 2023, through October 8, 

2023. 

Regulated area ‘‘Alpha’’ will be 

enforced during the Navy Parade of 

Ships and is bounded by a line 

connecting the following points and 

thence along the shore to the point of 

beginning: 

Latitude Longitude 

37°48′40′′ N 122°28′38′′ W 

37°49′10′′ N 122°28′41′′ W 

37°49′31′′ N 122°25′18′′ W 

37°49′06′′ N 122°24′08′′ W 

37°47′53′′ N 122°22′42′′ W 

37°46′00′′ N 122°22′00′′ W 

37°46′00′′ N 122°23′07′′ W 

Under the provisions of 33 CFR 

100.1105, except for persons or vessels 

authorized by the PATCOM, in 

regulated area ‘‘Alpha’’ no person or 

vessel may enter the parade route or 

remain within 500 yards of any Navy 

parade vessel. No person or vessel shall 

anchor, block, loiter in, or impede the 

through transit of ship parade 

participants or official patrol vessels in 

regulated area ‘‘Alpha.’’ 

Regulated area ‘‘Bravo’’ will be 

enforced during the Navy Blue Angels 

Demonstration and is bounded by a line 

connecting the following points and 

thence along the pierheads and 

bulwarks to the point of beginning: 

Latitude Longitude 

37°48′27.5′′ N 122°24′04′′ W 

37°49′31′′ N 122°24′18′′ W 

37°49′00′′ N 122°27′52′′ W 

37°48′19′′ N 122°27′40′′ W 

Except for persons or vessels 

authorized by the PATCOM, no person 

or vessel may enter or remain within 

regulated area ‘‘Bravo.’’ 

When hailed or signaled by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, a person 

or vessel shall come to an immediate 

stop. Persons or vessels shall comply 

with all directions given; failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. The Coast Guard may be assisted 

by other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. The PATCOM shall be 

designated by the Captain of the Port 

(COTP) San Francisco. The PATCOM is 

empowered to forbid and control the 

movement of all vessels in the regulated 

areas. 

In addition to this notification of 

enforcement in the Federal Register, the 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68463 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners. 

Dated: September 27, 2023. 

Jordan M. Baldueza, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port San Francisco. 

[FR Doc. 2023–21977 Filed 10–3–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2023–0812] 

RIN 1625–AA00 

Safety Zone, Upper Mississippi River 

MM 660.5–659.5, Lansing, Iowa 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters in the Upper 

Mississippi River at Mile Marker (MM) 

660.5 through 659.5. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from all 

potential hazards associated with the 

implosion of the Lansing Power Station. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. 

DATES: This rule is effective without 

actual notice from October 4, 2023 

through October 27, 2023. For the 

purposes of enforcement, actual notice 

will be used from September 29, 2023 

until October 4, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0812 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 MSTC Nathaniel Dibley, Sector 

Upper Mississippi River Waterways 

Management Division, U.S. Coast 

Guard; telephone 314–269–2560, email 

Nathaniel.D.Dibley@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 a 

temporary safety zone must be 

established immediately to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the use of explosives for the 

implosion of the power plant and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

It is impracticable to publish an NPRM 

because we must establish this 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 impracticable 

because action is needed to respond to 

the potential safety hazards associated 

the use of explosives for the implosion 

of the Lansing Power Station starting 

September 29, 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 Sector Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the use of explosions for 

the implosion of the Lansing Power 

Plant will be a safety concern for anyone 

operating or transiting within the Upper 

Mississippi River from MM 660.5 

through 659.5. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

implosion is being conducted. 

IV. Discussion of the Rule 

The implosion event will be occurring 

on two dates in which explosives will 

be used on an implosion of the Lansing 

Power Plant located between MM 

660.5–659.5 beginning September 29, 

2023. The safety zone is designed to 

protect waterway users until work is 

complete. 

No vessel or person will be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector Upper Mississippi River. 

To seek permission to enter, contact the 

COTP or a designated representative via 

VHF–FM channel 16, or through USCG 

Sector Upper Mississippi River at 314– 

269–2332. 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, as well 

as reductions in the size of the safety 

zone through Local Notice to Mariners 

(LNMs), Broadcast Notices to Mariners 

(BNMs), and/or Safety Marine 

Information Broadcast (SMIB), 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 

section 3(f) of 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 safety zone. The safety 

zone would impact a small designated 

area located on the Upper Mississippi 

River at MM 660.5–659.5, near Lansing, 

IA. The Safety Zone is expected to be 

active only during the implosion events, 

from September 29 until October 27, 

2023. Vessel traffic will be able to safely 

transit around this safety zone when the 

safety zone is not enforced. 


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