73756 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Rules and Regulations 

Department will charge additional costs 

in accordance with the Transactional 

Billing Rate Schedule established by 

NARA. 

* * * * * 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management, Department of State. 

[FR Doc. 2023–23501 Filed 10–26–23; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0818] 

RIN 1625–AA00 

Safety Zone; Vessel Launch, San 

Diego Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters in the vicinity of 

General Dynamics NASSCO shipyard in 

San Diego Bay, San Diego, CA, during 

the launch of the USNS Robert 

Kennedy. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards associated with the launching 

and subsequent berthing of the USNS 

Robert Kennedy. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Sector San Diego. 

DATES: This rule is effective from 7:30 

a.m. on October 28, 2023, through 10:30 

a.m. on October 28, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0818 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 Junior Grade 

Shelley Turner, Waterways 

Management, U.S. Coast Guard Sector 

San Diego, CA; telephone 619–278– 

7656, email MarineEventsSD@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. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by October 28, 

2023, to ensure the safety of response 

personnel and mariners associated with 

the launching of the USNS Robert 

Kennedy. 

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 contrary to the public 

interest because this rule is needed to 

protect mariners, commercial and 

recreational waterway users, and the 

USNS Robert Kennedy from dangers 

associated with the launching and 

berthing of the USNS Robert Kennedy 

on October 28, 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 San Diego 

(COTP) has determined that potential 

hazards associated with launching of 

the USNS Robert Kennedy on October 

28, 2023, will be a safety concern for 

anyone in the vicinity of the General 

Dynamics NASSCO shipyard, San Diego 

Bay, San Diego, CA. This rule is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

USNS Robert Kennedy is being 

launched. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7:30 a.m. until 10:30 a.m. on 

October 28, 2023. The safety zone will 

be in the vicinity of General Dynamics 

NASSCO shipyard in San Diego Bay, 

San Diego, CA. The safety zone will 

cover all navigable waters, from surface 

to sea bottom, of the San Diego Bay, CA, 

created by connecting the following 

points: beginning at 32°41.39′ N, 

117°08.66′ W (Point A); thence running 

southwesterly to 32°41.24′ N, 117°09.05′ 

W (Point B); thence running 

southeasterly to 32°41.05′ N, 117°08.73′ 

W (Point C); thence running 

northeasterly to 32°41.20′ N, 117°08.34′ 

W (Point D); thence running 

northwesterly to the beginning point. 

The duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the USNS Robert Kennedy 

is being launched. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

To seek permission to enter, hail 

Coast Guard Sector San Diego on VHF– 

FM Channel 16 or call the 24-hour 

Command Center at (619) 278–7000. 

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. A 

designated representative means a Coast 

Guard coxswain or petty officer 

designated by or assisting the Captain of 

the Port Sector San Diego (COTP) in the 

enforcement of the safety zone. 

The COTP or a designated 

representative will inform the public 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate for the enforcement times 

and dates for the safety zone. 

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 

limited duration of the safety zone. This 

safety zone impacts a small, designated 

area of the San Diego Bay for a very 


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Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Rules and Regulations 73757 

limited period during the weekend 

when vessel traffic is normally low. 

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 safety 

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 

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 safety 

zone lasting three hours that will 

prohibit entry within certain navigable 

waters of San Diego Bay, San Diego, CA 

in the vicinity of the General Dynamics 

NASSCO shipyard. 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.T11–136 to read as 

follows: 

§ 165.T11–136 Safety Zone; Vessel 

Launch, San Diego Bay, San Diego, CA. 

(a) Location. The following area is a 

safety zone: All waters of San Diego 

Bay, from surface to bottom, 

encompassed by a line connecting the 

following points beginning at 32°41.39′ 

N, 117°08.66′ W (Point A); thence 

running southwesterly to 32°41.24′ N, 

117°09.05′ W (Point B); thence running 

southeasterly to 32°41.05′ N, 117°08.73′ 

W (Point C); thence running 

northeasterly to 32°41.20′ N, 117°08.34′ 

W (Point D); thence running 

northwesterly to the beginning point. 

(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 San Diego (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 COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 


ddrumheller on DSK120RN23PROD with RULES1
73758 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Rules and Regulations 

1 ‘‘Video programming’’ refers to programming 

provided by, or generally considered comparable to 

programming provided by, a television broadcast 

station but does not include consumer-generated 

media. 

2 47 CFR 79.3(a)(3). 

3 47 CFR 79.3(b)(1). The rules also require 

‘‘[t]elevision broadcast stations that are affiliated or 

otherwise associated with any television network 

[to] pass through audio description when the 

network provides audio description and the 

broadcast station has the technical capability 

necessary to pass through the audio description, 

unless it is using the technology used to provide 

audio description for another purpose related to the 

programming that would conflict with providing 

the audio description.’’ Id. 79.3(b)(3). In addition, 

MVPD systems that serve 50,000 or more 

subscribers must provide 50 hours of audio 

description per calendar quarter during prime time 

or on children’s programming, as well as an 

additional 37.5 hours of audio description per 

calendar quarter at any time between 6 a.m. and 

11:59 p.m., on each of the top five national 

nonbroadcast networks that they carry on those 

systems. Id. 79.3(b)(4). The rules also require MVPD 

systems of any size to pass through audio 

description provided by a broadcast station or 

nonbroadcast network, if the channel on which the 

MVPD distributes the station or programming has 

the technical capability necessary to do so and if 

that technology is not being used for another 

purpose related to the programming. Id. 

79.3(b)(5)(i)–(ii). 

4 Id. 79.3(b)(1). 

5 Video Description: Implementation of the 

Twenty-First Century Communications and Video 

Accessibility Act of 2010, 76 FR 55585, para. 16 

(Sept. 8, 2011) (‘‘The rules extend the requirement 

. . . to major network affiliates in the 60 largest 

markets beginning on July 1, 2015.’’) (2011 Audio 

Description Order). 

6 47 U.S.C. 613(f)(4)(C)(iii)(IV), (VII). In the 2020 

Audio Description Order, the Commission 

modernized the terminology in its rules by 

replacing the term ‘‘video description’’ with the 

‘‘more common and widely understood’’ term 

‘‘audio description.’’ Video Description: 

Implementation of the Twenty-First Century 

Communications and Video Accessibility Act of 

2010, 85 FR 76480, paras. 14–15 (Nov. 30, 2020) 

(2020 Audio Description Order). When discussing 

items that use the prior terminology, we have 

updated the terminology accordingly. 

representative by VHF 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) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for the 

safety zone. 

Dated: October 24, 2023. 

J.W. Spitler, 

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

Port Sector San Diego. 

[FR Doc. 2023–23865 Filed 10–26–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[MB Docket No. 11–43; FCC 23–82; FR ID 

181039] 

Video Description: Implementation of 

the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) expands its audio 

description requirements by phasing 

them in for an additional 10 designated 

market areas (DMAs) each year until all 

DMAs are included. This action is based 

on a finding that the costs of expanding 

the audio description regulations to 

DMAs 101 through 210 are reasonable 

for program owners, providers, and 

distributors. 

DATES: Effective November 27, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Diana Sokolow, 

Diana.Sokolow@fcc.gov, of the Policy 

Division, Media Bureau, (202) 418– 

2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order, FCC 23–82, adopted 

and released on October 17, 2023. The 

full test of this document will be 

available at https://docs.fcc.gov/public/ 

attachments/FCC-23-82A1.pdf and via 

ECFS at https://www.fcc.gov/ecfs/. 

Documents will be available 

electronically in ASCII, Microsoft Word, 

and/or Adobe Acrobat. Alternative 

formats are available for people with 

disabilities (Braille, large print, 

electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), 1–844–4–FCC–ASL 

(1–844–432–2275) (videophone). 

Synopsis 

1. In this Second Report and Order 

(Order), we expand our audio 

description requirements by phasing 

them in for an additional 10 designated 

market areas (DMAs) each year until all 

DMAs are included. Such an expansion 

will help ensure that a greater number 

of individuals who are blind or visually 

impaired can be connected, informed, 

and entertained by television 

programming. Consistent with the 

requirements of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010 (CVAA), we 

find that the costs of expanding the 

audio description regulations to DMAs 

101 through 210 are reasonable for 

program owners, providers, and 

distributors. No commenters oppose this 

action. 

2. Audio description makes video 

programming 1 more accessible to 

individuals who are blind or visually 

impaired through ‘‘[t]he insertion of 

audio narrated descriptions of a 

television program’s key visual elements 

into natural pauses between the 

program’s dialogue.’’ 2 To access audio 

description, consumers generally switch 

from the main program audio to the 

secondary audio stream on which audio 

description is typically provided. In 

2011, pursuant to section 202 of the 

CVAA, the Commission adopted rules 

requiring certain television broadcast 

stations and multichannel video 

programming distributors (MVPDs) to 

provide audio description for a portion 

of the video programming that they offer 

to consumers. The current audio 

description rules require certain 

commercial television broadcast stations 

to provide 50 hours of audio-described 

programming per calendar quarter 

during prime time or on children’s 

programming, as well as an additional 

37.5 hours of audio-described 

programming per calendar quarter at 

any time between 6 a.m. and 11:59 

p.m.3 The commercial television 

broadcast stations that are subject to this 

requirement are those that are affiliated 

with one of the top four commercial 

television broadcast networks (ABC, 

CBS, Fox, and NBC) and are located in 

the top television markets.4

3. The 2011 Audio Description Order 

applied the audio description 

requirements to certain television 

broadcast stations in DMAs 1 through 

60.5 Pursuant to the requirements of the 

CVAA, the Commission submitted a 

report to Congress (the Second Report) 

to assess, among other topics, ‘‘the 

potential costs to program owners, 

providers, and distributors in [DMAs] 

outside of the top 60 of creating [audiodescribed] programming’’ and ‘‘the need 

for additional described programming in 

[DMAs] outside the top 60.’’ 6 The 

Media Bureau submitted the Second 

Report to Congress in October 2019, 

describing the consumer desire for 

application of the audio description 

rules outside the top 60 DMAs but 

stating that commenters did not offer 

‘‘detailed or conclusive information’’ as 

to the costs of such an expansion or a 

station’s ability to bear those costs. It 

thus deferred issuing a determination 


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