Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 72683 

TABLE 1 TO PARAGRAPH (i)—EXEMPT CHEMICAL MIXTURES

Manufacturer Product name 1 Form Approval date 

*******

Dr. Haces, L.L.C ...................................... PodoPhylis, Podiatric Insole ................... Polyurethane Iodine Insole ..................... 12/15/2021 

* * * * * * * 

Mitsubishi Chemical Corporation ............. Aquamicron AKX ..................................... Liquid ....................................................... 04/08/2021 

Mitsubishi Chemical Corporation ............. Aquamicron AS ....................................... Liquid ....................................................... 04/08/2021 

Mitsubishi Chemical Corporation ............. Aquamicron Titrant SS 1 mg ................... Liquid ....................................................... 04/08/2021 

Mitsubishi Chemical Corporation ............. Aquamicron Titrant SS 3 mg ................... Liquid ....................................................... 04/08/2021 

Mitsubishi Chemical Corporation ............. Aquamicron Titrant SS 10 mg ................ Liquid ....................................................... 04/08/2021 

Mitsubishi Chemical Corporation ............. Aquamicron Titrant SS–Z 1 mg .............. Liquid ....................................................... 09/01/2020 

Mitsubishi Chemical Corporation ............. Aquamicron Titrant SS–Z 3 mg .............. Liquid ....................................................... 09/01/2020 

Mitsubishi Chemical Corporation ............. Aquamicron Titrant SS–Z 5 mg .............. Liquid ....................................................... 04/08/2021 

* * * * * * * 

1 Designate product line if a group. 

[FR Doc. 2023–23315 Filed 10–20–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0837] 

Safety Zone; Fireworks Displays 

Within the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for a fireworks display at 

The Wharf DC on October 25, 2023, to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation for Fireworks Displays 

within the Fifth Coast Guard District 

identifies the safety zone for this event 

in Washington, DC. During the 

enforcement period, vessels may not 

enter, remain in, or transit through the 

safety zone unless authorized to do so 

by the COTP or his representative, and 

vessels in the vicinity must comply with 

directions from the Patrol Commander 

or any Official Patrol displaying a Coast 

Guard ensign. 

DATES: The regulation in 33 CFR 

165.506 will be enforced for the location 

identified in line no. 1 of table 2 to 33 

CFR 165.506(h)(2) from 8:30 p.m. until 

10 p.m. on October 25, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email MST2 Hollie Givens, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

410–57–2596, email 

MDNCRMarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone 

regulation for a fireworks display at The 

Wharf DC from 8:30 p.m. to 10 p.m. on 

October 25, 2023. This action is being 

taken to provide for the safety of life on 

navigable waterways during this event. 

Our regulation for Fireworks Displays 

within the Fifth Coast Guard District, 

§ 165.506, specifies the location of the 

safety zone for the fireworks show, 

which encompasses portions of the 

Washington Channel in the Upper 

Potomac River. During the enforcement 

period, as reflected in § 165.506(b), if 

you are the operator of a vessel in the 

vicinity of the safety zone, you may not 

enter, remain in, or transit through the 

safety zone unless authorized to do so 

by the COTP or his representative, and 

you must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: October 18, 2023. 

David E. O’Connell, 

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

Port, Sector Maryland-National Capital 

Region. 

[FR Doc. 2023–23376 Filed 10–20–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0769] 

RIN 1625–AA87 

Security Zone; Watson Bayou, Panama 

City, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for navigable waters of Watson Bayou, 

Panama City FL, within an area bound 

by the following points: 30°08′17.8′′ N, 

85°38′6.6′′ W (Diamond Point), thence 

northeast toward 30°08′34.6′′ N, 

85°37′55.7′′ W (Eastern Shipbuilding), 

thence east to the South East Avenue 

Bridge. The security zone is needed to 

protect the official party, the public, and 

the surrounding waterway from terrorist 

acts, sabotage or other subversive acts, 

accidents, or other causes of a similar 

nature. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Sector 

Mobile Captain of the Port (COTP). 

DATES: This rule is effective from 1:30 

p.m. on October 27, 2023, through 5 

p.m. on November 27, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0769 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 MSTC Stacy Stevenson, 


lotter on DSK11XQN23PROD with RULES1
72684 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 

Waterways Management Division, U.S. 

Coast Guard; telephone 251–382–8653, 

email Sectormobilewaterways@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 it is 

impracticable and contrary to public 

interest to delay the effective date of this 

rule. The security zone must be 

established by October 27, 2023, to 

mitigate potential terrorist acts, and 

enhance public and maritime safety and 

security. The Coast Guard was unable to 

publish an NPRM due to the short 

period between the time of the request 

for Coast Guard enforcement and the 

actual event. The request for 

enforcement was received on September 

11, 2023. Furthermore, delaying the 

effective date would be contrary to the 

security zone’s intended objectives of 

protecting government officials and 

dignitaries, mitigating potential 

terrorists acts, and enhancing maritime 

safety and security. 

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 to restrict 

vessel traffic is needed to protect life 

and property and mitigate potential 

maritime threats. 

III. Legal Authority and Need for Rule 

The Coast Guard may issue security 

zone regulations under authority in 46 

U.S.C. 70051 and 70124. The COTP has 

determined that a security zone is 

necessary for the protection of 

government officials and dignitaries 

during an official visit to Watson Bayou, 

Panama City, FL, in the vicinity of 

Eastern Shipbuilding. This rule is 

needed to protect personnel and vessels 

in the navigable waters within the 

security zone. 

IV. Discussion of the Rule 

This rule establishes a security zone 

on certain navigable waters of Watson 

Bayou, Panama City FL from 1:30 p.m. 

October 27, 2023, through 5 p.m. 

November 27, 2023. The security zone 

will be enforced from 1:30 p.m. through 

5 p.m. on October 27, 2023. If the event 

is delayed, the security zone will be 

enforcement on a subsequent date 

before November 27, 2023, for 

approximately 3.5 hours. The duration 

of the zone is intended to protect 

personnel, vessels, and ensure maritime 

security in these navigable waters 

during a visit of government personnel 

and dignitaries. No vessel or person will 

be permitted to enter the security 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 

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, duration, and time-of-day 

of the security zone. This security zone 

would impact a small, designated area 

of Watson Bayou, in the vicinity of 

Eastern Shipbuilding, for approximately 

3.5 hours or less during a period when 

vessel traffic is typically relatively slow. 

In addition, vessel traffic will be able to 

transit Watson Bayou Channel to the 

west of the security zone. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone, and the rule 

would allow vessels to seek permission 

to enter the 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 security 

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 

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 


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Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 72685 

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 

security zone lasting only 3.5 hours that 

will prohibit entry on a portion of 

Watson Bayou, in the vicinity of Eastern 

Shipbuilding. 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 

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.T08–0769 to read as 

follows: 

§ 165.T08–0769 Security Zone; Watson 

Bayou, Panama City, FL. 

(a) Location. The following area is a 

security zone: All navigable waters of 

Watson Bayou, Panama City FL, within 

an area bound by the following points: 

30°08′17.8′′ N, 85°38′6.6′′ W (Diamond 

Point), thence northeast toward 30° 

08′34.6′′ N, 85°37′55.7′′ W (Eastern 

Shipbuilding), then east to the South 

East Avenue Bridge, and back to the 

point of origin. 

(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 Sector 

Mobile Captain of the Port (COTP) in 

the enforcement of the security zone. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

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 VHF–CH 16. Those in 

the security 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 

is effective from 1:30 p.m. on October 

27, 2023, through 5 p.m. on November 

27, 2023. The security zone will be 

enforced from 1:30 p.m. through 5 p.m. 

on October 27, 2023. If the event is 

delayed, the security zone will be 

enforcement on a subsequent date 

before November 27, 2023, for 

approximately 3.5 hours. If the COTP 

determines no further need to enforce 

the security zone, the COTP will issue 

a general permission to enter via a 

Broadcast Notice to Mariners to indicate 

that the zone will no longer be subject 

to enforcement. If the COTP determines 

the need to enforce the section at a 

subsequent time, the COTP will provide 

the public with notice of enforcement of 

the security zone by marine broadcast, 

local notice to mariners, on-scene notice 

by a designated representative, or other 

appropriate means in accordance with 

33 CFR 165.7. 

Dated: October 16, 2023. 

U.S. Mullins, 

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

Port Sector Mobile. 

[FR Doc. 2023–23318 Filed 10–20–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 685 

[Docket ID ED–2023–OPE–0004] 

RIN 1840–AD81 

Improving Income Driven Repayment 

for the William D. Ford Federal Direct 

Loan Program and the Federal Family 

Education Loan (FFEL) Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Announcement of early 

implementation date. 

SUMMARY: The U.S. Department of 

Education (Department) designates a 

regulatory provision in its final rule 

related to income-driven repayment for 

early implementation. 

DATES: October 23, 2023. For the 

implementation dates of the regulatory 

provision, see SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Honer, U.S. Department of 

Education, 400 Maryland Avenue SW, 

5th Floor, Washington, DC 20202. 

Telephone: (202) 987–0750. Email: 

Bruce.Honer@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: Section 

482(c)(1) of the Higher Education Act of 

1965, as amended (HEA), requires that 

regulations affecting programs under 

title IV of the HEA be published in final 

form by November 1 prior to the start of 

the award year (July 1) to which they 

apply. Section 482(c)(2) of the HEA also 


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