Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations 70593 

is given at least 2-hours in advance of 

a vessels intended time of passage 

through the draw. 

(b) From December 1 through April 

31, no drawtender is required to be at 

the bridge and the bridge need not open 

unless a request to open the draw is 

given at least 12-hours in advance of a 

vessels intended time of passage 

through the draw. 

(c) At all times, the draw shall open 

as soon as possible for the passage of 

vessels if carrying public safety or 

public utility vehicles and persons to or 

from the island. 

(d) The owner of the bridge shall 

provide and keep in good legible 

condition two board gauges painted 

white with black figures not less than 

six inches high to indicate the vertical 

clearance under the closed draw at all 

water levels. The gauges shall be placed 

on the bridge so that they are plainly 

visible to operators of vessels 

approaching the bridge either up or 

downstream. 

Jonathan Hickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2023–22556 Filed 10–11–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0838] 

RIN 1625–AA00 

Safety Zone; Saint Thomas, USVI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 0.25 nautical 

miles radius around the Motor Vessel 

(M/V) BONNIE G grounded near the 

coast of Saint Thomas, U.S.V.I. This 

action is necessary to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

M/V BONNIE G grounding. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

San Juan. 

DATES: This temporary final rule is 

effective without actual notice from 

October 12, 2023 through October 20, 

2023. For the purposes of enforcement, 

actual notice will be used from October 

6, 2023 until October 12, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0838 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 Lieutenant Commander Carlos 

M. Ortega-Perez, Waterways 

Management Division Chief, U.S. Coast 

Guard; telephone 787–729–2380, email 

Carlos.M.Ortega-Perez@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 TFR because doing 

so would be impracticable. The M/V 

BONNIE G grounded near the coast of 

Saint Thomas, U.S.V.I, and immediate 

action is needed to respond to the 

potential safety hazards associated with 

the emergency response and salvage 

operations. It is impracticable to publish 

an NPRM because we must establish 

this safety zone by October 6, 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 immediate action is needed to 

respond to the potential safety hazards 

associated with the emergency response 

and salvage operations. 

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 San Juan (COTP) has 

determined that there are potential 

hazards associated with the response 

and salvage operations regarding the M/ 

V BONNIE G grounding. There will be 

a safety concern for anyone within a 

0.25 nautical miles radius around the 

M/V BONNIE G grounded near the coast 

of Saint Thomas, U.S.V.I. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

during response and salvage operations. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

certain waters of the Caribbean Sea off 

the coast of Saint Thomas, U.S.V.I. The 

safety zone will be enforced from 

October 6, 2023 through October 20, 

2023. The safety zone will cover all 

navigable waters within 0.25 nautical 

miles radius of 18°19′27′′ N 64°58′25′′ 

W, the current location of the M/V 

BONNIE G. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the Owning 

company of the vessel completes their 

salvage plan. 

No person or vessel will be permitted 

to enter, transit through, anchor in, or 

remain within the safety zone without 

first obtaining permission from the 

COTP or a designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP or a designated 

representative. The Coast Guard will 

provide notice of the safety zone by 

Broadcast Notice to Mariners, and/or by 

on-scene designated representatives. 

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). 


ddrumheller on DSK120RN23PROD with RULES1
70594 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations 

This regulatory action determination 

is based on following reasons: (1) the 

temporary safety zone will only be 

enforced for 15 consecutive days and 

may be removed earlier if the response 

and salvage operations are completed 

prior October 20, 2023; (2) although 

persons and vessels may not enter, 

transit through, anchor in, or remain 

within the safety zone without 

authorization from the COTP or a 

designated representative, they may 

operate in the surrounding area during 

the enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the areas 

during the enforcement period if 

authorized by the COTP or a designated 

representative. 

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. 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. 

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 .25 

nautical mile perimeter safety zone, 

lasting the duration of response and 

salvage operations or a maximum of 15 

consecutive days and thus limited in 

scope. This zone will prohibit entry 

while in effect. It is categorically 

excluded from further review under 

paragraph L60(d) 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 

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.T07–0838 to read as 

follows: 

§ 165.T07–0838 Safety Zone; Saint 

Thomas, U.S.V.I. 

(a) Location. The following area is a 

safety zone: All waters of the Caribbean 

Sea off the coast of Saint Thomas, 

U.S.V.I, from surface to bottom, that are 

within a 0.25 nautical mile radius of 

18°19′27′′ N 64°58′25′′ W, the current 

location of the M/V BONNIE G, from 

surface to bottom. 

(b) Definitions. As used in this 

section, the term ‘‘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 (COTP) San Juan in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 


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Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations 70595 

1Hearn A.G. (1961). Absorption of ozone in ultraviolet and visible regions of spectrum, Proc. Phys. 

Soc. 78 932, DOI: 10.1088/0370–1328/78/5/340. 

2Hodges, J.T., Viallon, J., Brewer, P.J., Drouin, 

B.J., Gorshelev, V., Janssen, C., Lee, S., Possolo, A., 

Smith, M.A.H., Walden, and Wielgosz, R.I. (2019). 

Recommendation of a consensus value of the ozone 

absorption cross-section at 253.65 nm based on a 

literature review, Metrologia, 56, 034001. https://

doi.org/10.1088/1681-7575/ab0bdd. 

3https://www.bipm.org/en/committees/cc/ccqm/ 

wg/ccqm-gawg-ozone-tg. 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the COTP San Juan 

or a designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP San Juan by telephone 

at (787) 289–2041, or a designated 

representative via VHF–FM radio on 

channel 16 to request authorization. If 

authorization is granted, all persons and 

vessels receiving such authorization 

must comply with the instructions of 

the COTP San Juan or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners via VHF–FM channel 16, or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced from 6 a.m. until 6 p.m. 

on October 6, 2023, through October 20, 

2023. 

Dated: October 6, 2023. 

Jose ́ E. Dı ́az, 

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

Port San Juan. 

[FR Doc. 2023–22595 Filed 10–11–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2022–0007; FRL–9344–02– 

OAR] 

RIN 2060–AV63 

Reference Measurement Principle and 

Calibration Procedure for the 

Measurement of Ozone in the 

Atmosphere (Chemiluminescence 

Method) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an update to 

the current ozone absorption crosssection to the recommended consensusbased cross-section value of 

1.1329x10¥17 cm2 molecule¥1 or 304.39 

atm¥1 cm¥1, with an uncertainty of 

0.94 atm¥1 cm¥1. The new value is 

1.2% lower than the current value of 

308 atm¥1 cm¥1 and reduces the 

uncertainty in the value to 0.31%. The 

adoption of this updated ozone 

absorption cross-section could result in 

increases in measured ozone 

concentrations but given the existing 

sources of potential variability in 

monitoring data, it is unlikely that there 

will be any consistent measurable and 

predictable effect on reported data. The 

EPA is also updating the dates of 

publication for two references 

associated with the updated crosssection value, adding a new reference, 

and making a technical correction to 

move three figures inadvertently placed 

in section 6.0 References to a new 

section 7.0 Figures. 

DATES: This final rule is effective on 

November 13, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2022–0007. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Joann Rice, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division, Ambient Air 

Monitoring Group (C304–06), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

3372; email address: rice.joann@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this document. The 

information in this preamble is 

organized as follows: 

Table of Contents 

I. Background 

Comments on the Proposed Rule 

II. Statutory and Executive Orders Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

I. Background 

In 1961, the ozone absorption crosssection was measured to be 1.1476 

x10¥17 cm2 molecule¥1 or 308.3 

atmosphere (atm)¥1 centimeter (cm)¥1

with a reported relative standard 

uncertainty of 1.4% (Hearn, 1961).1 In 

the 1980s, the National Institute of 

Standards and Technology (NIST), in 

collaboration with the EPA, developed 

the Standard Reference Photometer 

(SRP), which is the international 

standard for the measurement of ozone. 

The SRP is based on ultraviolet (UV) 

photometry and uses this cross-section 

value as the reference value for UV 

ozone measurements. To establish and 

maintain traceability, the readings of an 

ozone analyzer are compared to a NISTmade ozone SRP through a hierarchy of 

standards. Efforts to improve the 

accuracy of the ozone absorption crosssection have continued over several 

years during which rigorous assessment 

of the bias and uncertainty in the value 

became a high priority. 

The Gas Analysis Working Group of 

the Consultive Committee for Metrology 

in Chemistry and Biology (CCQM– 

GAWG) of the Bureau of Weights and 

Measures in France (BIPM) convened a 

task group in 2016 to review all 

published measurements of the ozone 

cross-section since 1950. This task 

group was also charged with 

recommending a consensus-based crosssection value and associated uncertainty 

for adoption in measurements of ozone 

concentrations by standard UV 

photometric instruments, including the 

SRP. (Hodges et al., 2019).2

After publication in Hodges et al., 

2019, the CCQM–GAWG 3 convened an 

international group of stakeholders in 

October 2020 to discuss adopting and 

implementing a globally coordinated 

change in the cross-section value for 

surface ozone monitoring. This group, 

representing several international and 

national metrology institutes, NIST, and 

environmental agencies including EPA, 

agreed to adopt and implement the new 

cross-section value as it represents a 

more accurate value with less 


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