Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76131 

Country Entity License 

requirement 

License 

review policy 

Federal Register 

citation 

—ZALA; 

—ZALA AERO; 

—ZALA AERO GROUP—Bespilotniye 

Sistemy; 

—ZALA AERO GROUP—Unmanned Systems; and 

—ZALA Aero Group Limited Liability Company. 

118 40 Let Pobedy Street, Izhevsk, Udmurt 

Republic, 426072, Russia; and 3 

Perunovsky Per., Building 2, Floor 3, 

Room 21, Moscow, 127055, Russia. 

******

UZBEKISTAN ......... * * * * * * 

Mvizion LLC, 

8 Katartal Street, 7th Block, Chilanzarskiy 

District, Tashkent, 100113, Uzbekistan; 

and 313 Gaydar Alieev Kuchasi, Tashkent, 

Uzbekistan. 

For all items subject to the 

EAR (See §§ 734.9(g),3

746.8(a)(3), and 744.21(b) 

of the EAR).

Policy of denial for all items 

subject to the EAR apart 

from food and medicine 

designated as EAR99, 

which will be reviewed on a 

case-by-case basis. See 

§§ 746.8(b) and 744.21(e).

88 FR [INSERT FR PAGE 

NUMBER] 11/6/2023. 

* * * * * * 

*******

3For this entity, ‘‘items subject to the EAR’’ includes foreign-produced items that are subject to the EAR under § 734.9(g) of the EAR. See §§ 746.8 and 744.21 of 

the EAR for related license requirements, license review policy, and restrictions on license exceptions. 

*******

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–24508 Filed 11–2–23; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0850] 

RIN 1625–AA00 

Safety Zone; Ohio River Mile Markers 

2.5–3, Brunot Island, PA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

the Ohio River several days in 

November and December 2023, and 

January 2024, at mile marker 2.5 to mile 

marker 3 from 8 a.m. through 6 p.m. 

each day. This action is necessary to 

provide for the safety of life on the 

navigable waters during a helicopter 

operation to install aerial transverse 

wirelines. This rule prohibits persons 

and vessels from being in the safety 

zone unless authorized by the Captain 

of the Port Pittsburgh (COTP) or a 

designated representative. 

DATES: This rule is effective from 8 a.m. 

on November 3, 2023, through 6 p.m. on 

January 22, 2024. This rule will be 

enforced from 8 a.m. through 6 p.m. 

daily on November 3 through November 

6, November 11, November 12, 

December 2, December 3, 2023, and 

January 8 through January 22, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0850 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 LTJG Eyobe Mills, Marine Safety 

Unit Pittsburgh, U.S. Coast Guard, at 

telephone 412–221–0807, email 

Eyobe.D.Mills@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 the public 

interest. This safety zone must be 

established by November 3, 2023, to 

provide for the safety of life on the 

navigable waters during a helicopter 

operation, and we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing this rule. Vessels inside 

of the safety zone have the potential of 

getting hit by debris from the helicopter. 

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 and 

contrary to the public interest because 

action is needed by November 3, 2023, 

to ensure the safety of the of life on the 

navigable waters during a helicopter 

operation. 

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 Pittsburgh (COTP) 

has determined that potential hazards 

associated with a helicopter operation 

on November 3 through November 6, 

November 11 through November 12, 

December 2 through December 3, 2023, 

and January 8 through January 22, 2024, 

will be a safety concern for anyone on 

the Ohio River from mile markers 2.5 to 

mile marker 3 from 8 a.m. to 6 p.m. The 

purpose of this rule is to ensure safety 

of the participant, vessels, and the 


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76132 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 

navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone that will be enforced each 

day from 8 a.m. until 6 p.m. on 

November 3 through November 6, 

November 11 through November 12, 

December 2 through December 3, 2023, 

and January 8 through January 22, 2024. 

The safety zone will cover all navigable 

waters on the Ohio River from mile 

markers 2.5 to mile marker 3. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters during an installation of aerial 

transverse wirelines using a helicopter. 

No vessel or person is permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative of the COTP. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

the COTP. To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through Marine Safety Unit 

Pittsburgh at 412–221–0807. Persons 

and vessels permitted to enter the safety 

zone must comply with all lawful orders 

or directions issued by the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the effective period for the 

safety zone as well as any changes in the 

dates and times of enforcement through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Marine Safety Information 

Bulletins (MSIBs), as appropriate. 

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 size, location, and duration 

of the temporary safety zone. This safety 

zone only impacts a 0.5-mile stretch on 

the Ohio River for 10 hours each day 

from November 3 through November 6, 

November 11 through November 12, 

December 2 through December 3, 2023, 

and January 8 through January 22, 2024. 

Moreover, the Coast Guard will issue 

Local Notice to Mariners and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone and the rule 

allows vessels to seek permission from 

the COTP to transit 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 

temporary safety zone lasting 10 hours 

each day from November 3 through 

November 6, November 11 through 

November 12, December 2 through 

December 3, 2023, and January 8 

through January 22, 2024, on the Ohio 


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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76133 

1 88 FR 27421. 

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. 

List of Subjects in 33 CFR Part 165 

Marine Safety, Navigation (water), 

Reporting, and recordkeeping 

requirements, 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.T08–0850 to read as 

follows: 

§ 165.T08–0850 Safety Zone; Ohio River, 

Brunot Island, PA. 

(a) Location. The following area is a 

temporary safety zone on the Ohio River 

from mile marker 2.5 to mile marker 3. 

(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 Pittsburgh (COTP) in the 

enforcement of the safety zone. 

Designated representative includes 

safety boat provided by the event 

organizers. 

(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 C’TP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative on Channel 16 or at 412– 

670–7288. To seek permission, 

concerned traffic may reach contact the 

event organizers on channel 13 or at 

(860) 573–6646. 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 each day from 8 a.m. 

through 6 p.m. from November 3 

through November 6, November 11 

through November 12, December 2 

through December 3, 2023, and January 

8 through January 22, 2024. The 

temporary safety zone will be enforced 

during the 10 hour helicopter operation. 

Justin R. Jolley, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port, MSU Pittsburgh. 

[FR Doc. 2023–24388 Filed 11–3–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number: USCG–2023–0135] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Key West, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone to be enforced 

in the event of hurricanes, tropical 

storms, and other disasters in the 

Florida Keys, FL. This action is 

necessary to ensure the safety of the 

waters of the Key West Captain of the 

Port (COTP) zone. This regulation 

establishes actions to be completed by 

parties operating on and around the 

navigable waterways of the Key West 

COTP zone. This may include the 

owners and operators, and those in 

management and control positions of 

regulated facilities, waterfront facilities, 

and vessels, prior to landfall of 

hurricanes, tropical storms, and other 

disasters threatening the Florida Keys. 

DATES: This rule is effective without 

actual notice November 6, 2023. For the 

purposes of enforcement, actual notice 

will be used from November 1, 2023, 

until November 6, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0135 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 notification 

of enforcement, call or email Hailye 

Wilson, Sector Key West Waterways 

Management Department, Coast Guard; 

telephone 305–292–8768; email: 

hailye.m.wilson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 

CFR Code of Federal Regulations 

CWA Clean Water Act 

DHS Department of Homeland Security 

FR Federal Register 

MTSA Maritime Transportation Security 

Act 

NPRM Notice of proposed rulemaking 

OPA90 The Oil Pollution Act of 1990 

PWSA Ports and Waterways Safety Act 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Florida Keys has the potential to 

be affected by hurricanes, tropical 

storms, and other disasters on a yearly 

basis, especially between the months of 

June and November. The Key West 

COTP is establishing a safety zone to 

provide for the safety of life during such 

storms and events. In response, on May 

2, 2023, the Coast Guard published a 

notice of proposed rulemaking 

(NPRM).1 There, we stated why we 

issued the NPRM and invited comments 

on our proposed regulatory action 

related to safety zone. During the 

comment period that ended June 1, 

2023, we received two comments. 

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 and 

contrary to public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the rapid formation of a 

tropical storm or hurricane that would 

pose an imminent threat to vessels, 

persons, structures, and shore areas. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

purpose of this rule is to protect the 

general maritime public, to include 

vessel owners, vessel operators, and 

those in management and control 

positions related to facilities and 

waterways regulated by the Coast 

Guard, along with those in management 

and control positions related to any land 


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