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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72686 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 

1Findings of Failure to Submit State 

Implementation Plan Revisions in Response to the 

2015 Findings of Substantial Inadequacy and SIP 

Calls To Amend Provisions Applying To Excess 

Emissions During Periods of Startup, Shutdown, 

and Malfunction, 87 FR 1680 (Jan. 12, 2022), 

available at www.regulations.gov, Docket ID No. 

EPA–HQ–OAR–2021–0863. 

2 80 FR 33839 (June 12, 2015). 

permits the Secretary to designate any 

regulatory provision as one that an 

entity subject to the provision may 

choose to implement earlier and to 

outline the conditions for early 

implementation. 

On July 10, 2023, the Department 

published in the Federal Register a final 

rule amending regulations related to 

income-driven repayment (88 FR 

43820). In that final rule, we designated 

certain provisions for early 

implementation. 

The Secretary is exercising his 

authority under section 482(c) of the 

HEA to designate an additional 

regulatory change made in that final 

rule for early implementation beginning 

on October 23, 2023. 

The Secretary is designating for early 

implementation the change to the 

process for a borrower re-enrolling in 

the Revised Pay As You Earn (REPAYE) 

repayment plan, which is now also 

known as the Saving on a Valuable 

Education (SAVE) repayment plan, after 

previously being enrolled in a different 

plan. Under current 34 CFR 

685.209(c)(4)(vi)(D) and (E), a borrower 

returning to REPAYE must provide 

documentation of income for the years 

in which the borrower was not on 

REPAYE. Section 685.209(e) of the final 

rule, which will become effective on 

July 1, 2024, employs a simpler process 

that does not require documentation of 

prior years’ income information. See 88 

FR 43820, 43901. On October 23, 2023, 

the Department will implement 

§ 685.209(e), to the extent it eliminates 

the requirement for borrowers returning 

to SAVE after having previously been on 

REPAYE to provide prior years’ income. 

The Secretary is designating only the 

removal of this requirement for early 

implementation, rather than all of 

§ 685.209(e). 

While documentation of income for 

years in which a borrower was not 

enrolled in REPAYE is no longer 

required, a borrower will still need to 

provide documentation of their income 

information to allow the Department to 

calculate the borrower’s current 

monthly payment amount under the 

SAVE plan. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF, you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Miguel A. Cardona, 

Secretary of Education. 

[FR Doc. 2023–23334 Filed 10–20–23; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2022–0605; FRL–11128– 

02–R6] 

Air Plan Approval; Arkansas; Excess 

Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA, the Act), the 

Environmental Protection Agency (EPA) 

is approving two revisions to the 

Arkansas State Implementation Plan 

(SIP) submitted by the Governor on May 

12, 2022, and November 1, 2022. These 

SIP revisions were submitted in 

response to EPA’s June 12, 2015, finding 

of substantial inadequacy and SIP call 

concerning excess emissions during 

periods of startup, shutdown, and 

malfunction (SSM) events. EPA is 

approving these SIP revisions and finds 

that the revisions correct the 

inadequacies identified in Arkansas’ SIP 

in the June 12, 2015, SIP call. 

DATES: This rule is effective on 

November 22, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2022–0605. 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., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

James E. Grady, EPA Region 6 Office, 

Regional Haze and SO2 Section, (214) 

665–6745; grady.james@epa.gov. Please 

call or email Mr. Grady above or call Mr. 

Bill Deese at 214–665–7253 if you need 

alternative access to material indexed 

but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ mean ‘‘the EPA.’’ 

I. Background 

The background for this action is 

discussed in detail in our July 21, 2023, 

proposed action (88 FR 47095). In that 

document we proposed to approve 

revisions to the Arkansas SIP which 

were submitted on May 12, 2022, and 

November 1, 2022, subsequent to EPA’s 

January 12, 2022, finding of failure to 

submit concerning excess emissions 

during periods of SSM.1 We proposed to 

approve the removal of two SSM 

provisions identified as substantially 

inadequate in the June 12, 2015, SIP 

call.2 Specifically, we proposed to 

approve the removal of Regulation 

19.602-Emergency Conditions and 

Regulation 19.1004(H)-Malfunctions, 

Breakdowns, Upsets from the Arkansas 

SIP. We also proposed to determine that 

such SIP revisions correct the 

substantial inadequacies in the 

Arkansas SIP as identified in the June 

2015 SIP call and in response to EPA’s 

January 2022 finding of failure to 

submit. 

II. Response to Comments 

The public comment period for our 

proposed approval and determination 

expired on August 21, 2023, and no 

adverse comments were received. We 

received one comment from Sierra Club 

and Environmental Integrity Project 

supporting removal of Regulation 

19.602 and Regulation 19.1004(H) from 

the Arkansas SIP. Therefore, we are 

finalizing our action as proposed. 

III. Final Action 

The EPA is approving the revisions to 

the Arkansas SIP submitted by the State 


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