Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 76997 

12The Unfunded Mandates Reform Act requires 

an assessment of mandates that will result in an 

annual expenditure of $100 million or more, 

adjusted for inflation. The U.S. Bureau of Economic 

Analysis reports the annual value of the gross 

domestic product (GDP) deflator in 1995, the year 

of the Unfunded Mandates Reform Act, as 71.823, 

and as 127.224 in 2022. See U.S. Bureau of 

Economic Analysis, ‘‘Table 1.1.9. Implicit Price 

Deflators for Gross Domestic Product’’ (accessed 

Friday, June 2, 2023). Thus, the inflation adjusted 

estimate for $100 million is 127.224/71.823 × 100 

= $177 million. 

13See 87 FR 59577–59578 (Sept. 30, 2022). 

14The Final Reporting Rule’s RIA did not 

estimate the number of reporting companies that 

will obtain FinCEN identifiers. A reporting 

company obtains a FinCEN identifier by either 

checking a box on its initial BOI report or 

submitting an updated BOI report with the box 

checked. Therefore, FinCEN assumed that the cost 

of reporting companies obtaining FinCEN 

identifiers was included in the initial BOI report 

cost estimates in the final BOI reporting rule RIA. 

See 87 FR 59578 (Sept. 30, 2022). 

in an expenditure of $177 million or 

more annually by State, local, and 

Tribal governments or by the private 

sector.12 Finally, FinCEN assesses that 

this rule will not result in any 

additional burden or costs considered 

under the framework of the Paperwork 

Reduction Act (PRA). 

FinCEN does not assess any 

additional quantifiable costs or benefits, 

measured in burden hours, associated 

with the rule beyond those separately 

considered in the Final Reporting Rule’s 

regulatory impact analysis (RIA).13 14

Further, FinCEN assesses that the rule is 

consistent with the assumption in the 

Final Reporting Rule’s RIA that the cost 

associated with using entities’ FinCEN 

identifiers is accounted for in the cost 

estimates for the BOI report. 

Additionally, the rule can reduce 

burden for reporting companies that 

choose to report another reporting 

company’s FinCEN identifier because 

the filing reporting company will 

provide fewer pieces of information on 

its BOI report. However, FinCEN 

assesses such burden reduction is likely 

to be minimal relative to the total cost 

of filling out and submitting the report. 

Furthermore, it is unknown to FinCEN 

how many entities will choose to utilize 

entity FinCEN identifiers, as provided 

for in this rule. Accordingly, FinCEN 

does not estimate costs or benefits 

associated with this rule beyond what is 

stated in the Final Reporting Rule RIA. 

The rule is statutorily mandated, and 

therefore, FinCEN has limited ability to 

implement alternatives. Nonetheless, 

FinCEN considered the following 

alternatives that would be available 

under the statute: (1) implementing the 

statutory language at 31 U.S.C. 

5336(b)(3)(C) as written; and (2) 

implementing the language proposed in 

the Reporting NPRM at 31 CFR 

1010.380(b)(4)(ii)(B). However, as 

explained in Sections II and III, FinCEN 

is promulgating this final rule to address 

ambiguities in the statutory text and 

concerns raised by commenters about 

the clarity of the provision proposed in 

the Reporting NPRM and the potential 

for misuse of entity FinCEN identifiers. 

List of Subjects in 31 CFR Parts 1010 

Administrative practice and 

procedure, Aliens, Authority 

delegations (Government agencies), 

Banks and banking, Brokers, Business 

and industry, Commodity futures, 

Currency, Citizenship and 

naturalization, Electronic filing, Federal 

savings associations, Federal-States 

relations, Federally recognized tribes, 

Foreign persons, Holding companies, 

Indian law, Indians, Insurance 

companies, Investment advisers, 

Investment companies, Investigations, 

Law enforcement, Penalties, Reporting 

and recordkeeping requirements, Small 

businesses, Securities, Terrorism, Tribal 

government, Time. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the U.S. Department of the 

Treasury and Financial Crimes 

Enforcement Network amend 31 CFR 

part 1010 as follows: 

PART 1010—GENERAL PROVISIONS 

■ 1. The authority citation for part 1010 

continues to read as follows: 

Authority: 12 U.S.C. 1829b and 1951–1959; 

31 U.S.C. 5311–5314 and 5316–5336; title III, 

sec. 314, Pub. L. 107–56, 115 Stat. 307; sec. 

2006, Pub. L. 114–41, 129 Stat. 458–459; sec. 

701, Pub. L. 114–74, 129 Stat. 599. 

■ 2. Amend § 1010.380, added 

September 30, 2022 at 87 FR 59498, and 

effective January 1, 2024, by adding 

paragraph (b)(4)(ii)(B) to read as follows: 

§ 1010.380 Reports of beneficial 

ownership information. 

* * * * * 

(b) * * * 

(4) * * * 

(ii) * * * 

(B) A reporting company may report 

another entity’s FinCEN identifier and 

full legal name in lieu of the 

information required under paragraph 

(b)(1)(ii) of this section with respect to 

the beneficial owners of the reporting 

company only if: 

(1) The other entity has obtained a 

FinCEN identifier and provided that 

FinCEN identifier to the reporting 

company; 

(2) An individual is or may be a 

beneficial owner of the reporting 

company by virtue of an interest in the 

reporting company that the individual 

holds through an ownership interest in 

the other entity; and 

(3) The beneficial owners of the other 

entity and of the reporting company are 

the same individuals. 

* * * * * 

Andrea M. Gacki, 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2023–24559 Filed 11–7–23; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0512] 

RIN 1625–AA00 

Safety Zone, Neuse River, New Bern, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Neuse River 

in New Bern, North Carolina. This 

action is necessary to provide for the 

safety of life on these waters during an 

aerobatic airshow on November 25, 

2023. This rule prohibits persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port (COTP) North Carolina or a 

designated representative. 

DATES: This rule is effective November 

25, 2023 from 4 through 6 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0512 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 Chief Petty Officer Elvin 

Rodriguez, Waterways Management 

Division, U.S. Coast Guard; telephone 

910–772–2239, email NCMarineevents@

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 


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76998 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 

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 

would be impracticable to publish an 

NPRM and consider comments without 

delaying promulgation of the rule 

beyond November 25, 2023, the date of 

the air show, and it would be contrary 

to the public interest to delay 

promulgation of the rule until after the 

event occurs. The rule needs to be in 

effect by November 25, 2023, to protect 

persons and vessels from the hazards 

associated with this event. Such hazards 

include the possibility of an aircraft 

striking a vessel on the surface below 

the flight zone. 

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 to 

publish this rule 30 days prior to the 

date of the event, and contrary to the 

public interest to delay publication past 

that date because the rule must be in 

place to protect persons and vessels 

from the hazards associated with this 

event on November 25, 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 North Carolina 

(COTP) has determined that potential 

hazards associated with the 

Thanksgiving Twilight Show, scheduled 

for 4 through 6 p.m. on November 25, 

2023, is a safety concern for mariners 

during the time that aircraft perform 

aerobatic maneuvers directly above the 

Neuse River. This rule is necessary to 

protect personnel, vessels, and the 

marine environment from the hazards 

associated with the airshow above this 

position of the Neuse River. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on a portion of the Neuse 

River on November 25, 2023, from 4 to 

6 p.m. The rule will be enforced for the 

duration of the event. The date and 

times of enforcement will be broadcast 

locally over VHF–FM marine radio. The 

safety zone will include all navigable 

waters of the Neuse River in New Bern, 

North Carolina inside an area starting 

from approximate positions: latitude 

35°06′55′′ N, longitude 077°02′04′′ W, 

then east to latitude 35°07′06′′ N, 

longitude 077°01′27′′ W, then southeast 

to latitude 35°06′49′′ N, longitude 

077°01′12′′ W, then south to latitude 

35°06′08′′ N, longitude 077°01′18′′ W, 

then west to latitude 35°06′02′′ N, 

longitude 077°01′57′′ W, then north to 

latitude 35°06′32′′ N, longitude 

077°01′54′′ W, then north to the point of 

origin then north to the point of origin, 

for a total area of approximately 1 mile 

square. 

The airshow will consist of three 

separate performances and will last a 

total approximately 2 hours. The event 

will begin roughly 20 minutes before 

sunset and will last until approximately 

30 minutes after sunset. All aircraft will 

remain at least 500 feet above the 

ground. Public spectators will be 

allowed to view the event from the 

waterway, however, for safety reasons, 

the aircraft will not perform if there are 

any vessels inside the safety zone. The 

duration of this safety zone is intended 

to protect participants and spectators on 

the navigable waters of the Neuse River 

during the airshow. Vessels may transit 

the area, so long as they remain outside 

the safety zone. No vessel or person will 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP North Carolina 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, and 

duration of the safety zone. Vessel 

traffic will not be allowed to enter or 

transit a portion of the Neuse River 

during the airshow from 4 through 6 

p.m. November 25, 2023. The Coast 

Guard will transmit a Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 regarding the enforcement 

area. This rule allows vessels to request 

permission to pass through the 

regulated area. 

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 


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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Rules and Regulations 76999 

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 2 hours that will prohibit 

entry within a 1 square mile area of the 

Neuse River on November 25, 2023, 

from 4 to 6 p.m. 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.T05–0512 to read as 

follows: 

§ 165.T05–0512 Safety Zone; Neuse River, 

Airshow, New Bern, NC. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Neuse River in New Bern, North 

Carolina, inside an area starting from 

approximate positions: latitude 

35°06′55′′ N, longitude 077°02′04′′ W, 

then east to latitude 35°07′06′′ N, 

longitude 077°01′27′′ W, then southeast 

to latitude 35°06′49′′ N, longitude 

077°01′12′′ W, then south to latitude 

35°06′08′′ N, longitude 077°01′18′′ W, 

then west to latitude 35°06′02′′ N, 

longitude 077°01′57′′ W, then north to 

latitude 35°06′32′′ N, longitude 

077°01′54′′ W, then north to the point of 

origin, for a total area of approximately 

1 mile square. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, Sector North Carolina. 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port North Carolina 

(COTP) for the enforcement of the safety 

zone. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

§ 165.23 apply to the area described in 

paragraph (a) of this section. 

(2) Entry into or remaining in this 

safety zone is prohibited unless 

authorized by the COTP North Carolina 

or the COTP North Carolina’s 

designated representative. Unless 

permission to remain in the zone has 

been granted by the COTP North 

Carolina or the COTP North Carolina’s 

designated representative, a vessel 

within this safety zone must 

immediately depart the zone when this 

section becomes effective. 

(3) The Captain of the Port, North 

Carolina can be reached through the 

Coast Guard Sector North Carolina 

Command Duty Officer, Wilmington, 

North Carolina, at telephone number 

910–343–3882. 

(4) The Coast Guard and designated 

security vessels enforcing the safety 

zone can be contacted on VHF–FM 

marine band radio channel 13 (165.65 

MHz) and channel 16 (156.8 MHz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This 

regulation will be enforced from 4 

through 6 p.m. on November 25, 2023. 

Timothy J. List, 

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

Port Sector North Carolina. 

[FR Doc. 2023–24713 Filed 11–7–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 16 

[EPA–HQ–OMS–2023–0020; FRL–10620–03– 

OMS] 

Privacy Act Regulations for EPA–100 

AGENCY: Office of Inspector General, 

Environmental Protection Agency 

(EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to revise the Agency’s Privacy 

Act regulations to exempt a new system 

of records, EPA–100, OIG Data 

Analytics Enterprise, from certain 

requirements of the Privacy Act. In this 

rulemaking, the Agency exempts 

portions of this system from certain 

provisions of the Privacy Act because of 

law enforcement requirements and to 

avoid interference during the conduct of 

criminal, civil, or administrative actions 

or investigations. Additionally, EPA is 

taking direct final action to revise the 


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