72370 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 

result in expenditures in any one year 

by a state, local, or tribal government, in 

the aggregate, or by the private sector, of 

$100 million in 1995 dollars, updated 

annually for inflation. This rule does 

not include any Federal mandate that 

may result in expenditures by state, 

local, or tribal governments, or by the 

private sector in excess of that 

threshold. 

IV. Executive Order 13132: Federalism 

Executive Order 13132 (Federalism) 

prohibits an agency from publishing any 

rule that has federalism implications if 

the rule either imposes substantial, 

direct compliance costs on state and 

local governments, and is not required 

by statute, or preempts state law, unless 

the agency meets the consultation and 

funding requirements of section 6 of the 

Executive order. These final regulations 

do not have federalism implications and 

do not impose substantial direct 

compliance costs on state and local 

governments or preempt state law 

within the meaning of the Executive 

order. 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

Drafting Information 

The principal author of these 

regulations is Carolyn M. Lee, Office of 

the Associate Chief Counsel (Procedure 

and Administration). Other personnel 

from the Treasury Department and the 

IRS participated in the development of 

the regulations. 

List of Subjects in 26 CFR Part 300 

Reporting and recordkeeping 

requirements, Use fees. 

Adoption of Amendments to the 

Regulations 

Accordingly, the Treasury Department 

and the IRS amend 26 CFR part 300 as 

follows: 

PART 300—USER FEES 

■ Paragraph 1. The authority citation 

for part 300 continues to read as 

follows: 

Authority: 31 U.S.C. 9701. 

■ Par. 2. Section 300.7 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.7 Enrollment of enrolled actuary fee. 

* * * * * 

(b) Fee. The fee for initially enrolling 

as an enrolled actuary with the Joint 

Board for the Enrollment of Actuaries is 

$680.00. 

* * * * * 

(d) Applicability date. This section is 

applicable beginning November 20, 

2023. 

■ Par. 3. Section 300.8 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.8 Renewal of enrollment of enrolled 

actuary fee. 

* * * * * 

(b) Fee. The fee for renewal of 

enrollment as an enrolled actuary with 

the Joint Board for the Enrollment of 

Actuaries is $680.00. 

* * * * * 

(d) Applicability date. This section is 

applicable beginning November 20, 

2023. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: October 4, 2023. 

Lily L. Batchelder, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2023–23301 Filed 10–19–23; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0797] 

RIN 1625–AA00 

Safety Zone; Cumberland River, 

Nashville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Cumberland 

River extending from mile marker 190 

through 191. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by aerial operations. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley. 

DATES: This rule is effective from 7 a.m. 

on October 21, 2023 through 6 p.m. on 

October 22, 2023. This rule will be 

enforced from 7 a.m. through 6 p.m. 

daily during the effective period. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0797 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 Petty Officer Joshua Carter, MSD 

Nashville, U.S. Coast Guard; telephone 

615–736–5421, email Joshua.D.Carter@

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 

immediate action is needed to respond 

and repair to the potential safety 

hazards associated with the aerial 

operations. It is impracticable to publish 

an NPRM because we must establish 

this safety zone by October 21st, 2023. 

An aerial conductor will be replaced by 

Nashville Electric Service between mile 

markers 190–191 which could cause a 

hazard to navigation on the Cumberland 

River. The safety zone must be 

established to protect people and 

vessels associated with and resulting 

from the aerial operations and we lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

This safety zone may include closures 

or navigation restrictions and 

requirements that are vital to maintain 

safe navigation on the Cumberland 

River during aerial 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. Delaying the effective date of 

this rule would be impracticable 

because action is needed to respond to 


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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 72371 

the potential safety hazards associated 

with the aerial operations starting 

October 21, 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 Ohio Valley 

(COTP) has determined that potential 

hazards associated with the aerial 

operations from October 21 and 22, 

2023, will be a safety concern for 

anyone within mile marker 190–191. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the aerial operations are 

taking place. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced from 7 a.m. until 6 p.m. 

on October 21 and 22, 2023. The safety 

zone will cover all navigable waters 

within mile markers 190–191. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the aerial operations are 

being conducted. 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. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the location of the event on 

the Cumberland River lasting only 11 

hours daily for two days. Vessels will be 

able to contact the COTP for 

instructions on how to transit around 

the zone safely. 

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, this rule will 

only last 11 hours, 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 safety 

zone lasting only 11 hours a day, for two 

days, that will prohibit entry within 

mile marker 181–183 of the Cumberland 

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. 


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72372 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 

1The FAA regulates ultralight vehicles under 14 

CFR part 103. 

2Rotorcraft encompass helicopters, gyroplanes, 

and any other heavier-than-air aircraft that depend 

principally for support in flight on the lift generated 

by one or more rotors. 

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.T08–0797 to read as 

follows: 

§ 165.T08–0797 Safety Zone; Cumberland 

River, Nashville, TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Cumberland River from Mile Marker 

190 through 191, extending the entire 

width of the river. 

(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 Sector Ohio Valley (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 COTPs designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by 502–779–5422 or on 

VHR–FM channel 16. 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 7 a.m. through 6 

p.m. daily on October 21, 2023 through 

October 22, 2023. 

Dated: October 16, 2023. 

H.R. Mattern, 

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

Port Sector Ohio Valley. 

[FR Doc. 2023–23236 Filed 10–19–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 87, 1031, and 1068 

[EPA–HQ–OAR–2022–0389; FRL–5934–02– 

OAR] 

RIN 2060–AT10 

Finding That Lead Emissions From 

Aircraft Engines That Operate on 

Leaded Fuel Cause or Contribute to Air 

Pollution That May Reasonably Be 

Anticipated To Endanger Public Health 

and Welfare 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: In this action, the 

Administrator finds that lead air 

pollution may reasonably be anticipated 

to endanger the public health and 

welfare within the meaning of the Clean 

Air Act. The Administrator also finds 

that engine emissions of lead from 

certain aircraft cause or contribute to the 

lead air pollution that may reasonably 

be anticipated to endanger public health 

and welfare under the Clean Air Act. 

DATES: These findings are effective on 

November 20, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2022–0389. All 

documents in the docket are listed in 

the https://www.regulations.gov 

website. Publicly available docket 

materials are available either 

electronically in https://

www.regulations.gov or in hard copy at 

the EPA Air and Radiation Docket and 

Information Center, William Jefferson 

Clinton West Building, Room 3334, 

1301 Constitution Ave. NW, 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ken 

Davidson, Office of Transportation and 

Air Quality, Assessment and Standards 

Division (ASD), Environmental 

Protection Agency; telephone number: 

(415) 972–3633; email address: 

davidson.ken@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. General Information 

Does this action apply to me? 

Regulated entities: These final 

findings do not themselves apply new 

requirements to entities other than the 

EPA and the FAA. With respect to 

requirements for the EPA and the FAA, 

as indicated in the proposal for this 

action, if the EPA issues final findings 

that emissions of lead from certain 

classes of engines used in certain 

aircraft cause or contribute to air 

pollution which may reasonably be 

anticipated to endanger public health or 

welfare, the EPA then becomes subject 

to a duty to propose and promulgate 

emission standards pursuant to section 

231 of the Clean Air Act. Upon EPA’s 

issuance of regulations, the FAA shall 

prescribe regulations to ensure 

compliance with the EPA’s emission 

standards pursuant to section 232 of the 

Clean Air Act. In contrast to the 

findings, those future standards would 

apply to and have an effect on other 

entities outside the Federal 

Government. In addition, pursuant to 49 

U.S.C. 44714, the FAA has a statutory 

mandate to prescribe standards for the 

composition or chemical or physical 

properties of an aircraft fuel or fuel 

additive to control or eliminate aircraft 

emissions which the EPA has found 

endanger public health or welfare under 

section 231(a) of the Clean Air Act. In 

issuing these final findings, the EPA is 

making such a finding for emissions of 

lead from engines in covered aircraft. 

The classes of aircraft engines and of 

aircraft relevant to this final action are 

referred to as ‘‘covered aircraft engines’’ 

and as ‘‘covered aircraft,’’ respectively 

throughout this document. Covered 

aircraft engines in this context means 

any aircraft engine that is capable of 

using leaded aviation gasoline. Covered 

aircraft in this context means all aircraft 

and ultralight vehicles 1 equipped with 

covered engines. Covered aircraft 

would, for example, include smaller 

piston-engine aircraft such as the Cessna 

172 (single-engine aircraft) and the 

Beechcraft Baron G58 (twin-engine 

aircraft), as well as the largest pistonengine aircraft such as the Curtiss C–46 

and the Douglas DC–6. Other examples 

of covered aircraft would include 

rotorcraft,2 such as the Robinson R44 

helicopter, light-sport aircraft, and 

ultralight vehicles equipped with piston 

engines. Because the majority of covered 

aircraft are piston-engine powered, this 

document focuses on those aircraft (in 

some contexts the EPA refers to these 

same engines as reciprocating engines). 

All such references and examples used 

in this document are covered aircraft as 

defined in this paragraph. 


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