Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80589 

PART 35—PANDEMIC RELIEF 

PROGRAMS 

Subpart A—Coronavirus State and 

Local Fiscal Recovery Funds 

■ 1. The authority citation for part 35, 

subpart A continues to read as follows: 

Authority: 42 U.S.C. 802(f); 42 U.S.C. 

803(f); section 102(c) of Division LL of the 

Consolidated Appropriations Act, 2023 (Pub. 

L. 117–328). 

■ 2. Amend § 35.3 by adding a new 

sentence at the end of the definition of 

‘‘Obligation’’ to read as follows: 

§ 35.3 Definitions. 

* * * * * 

Obligation * * * An obligation also 

means a requirement under federal law 

or regulation or provision of the award 

terms and conditions to which a 

recipient becomes subject as a result of 

receiving or expending funds. 

* * * * * 

■ 3. Revise § 35.5(c) to read as follows: 

§ 35.5 Use of funds. 

* * * * * 

(c) Return of funds. A recipient must 

return any funds that have not been 

obligated by December 31, 2024, 

pursuant to orders placed for property 

and services or entry into contracts, 

subawards, and similar transactions that 

require payment other than funds in the 

amount reported to Treasury by April 

30, 2024, as the estimate of funds that 

the recipient will expend to comply 

with a requirement under federal law or 

regulation or provision of the award 

terms and conditions to which a 

recipient becomes subject as a result of 

receiving or expending funds. A 

recipient must return funds obligated 

for a use identified in § 35.6(b) through 

(g) by December 31, 2024, but not 

expended by December 31, 2026. A 

recipient must return funds obligated 

for a use identified in § 35.6(h) by 

December 31, 2024, but not expended 

by September 30, 2026. A recipient 

must return funds in the amount 

reported to Treasury by April 30, 2024, 

as referenced above, but not expended 

by December 31, 2026, other than 

administrative expenses necessary to 

close out the award. 

Jessica A. Milano, 

Chief Recovery Officer, Office of Recovery 

Programs. 

[FR Doc. 2023–25067 Filed 11–17–23; 8:45 am] 

BILLING CODE 4810–AK–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0865] 

RIN 1625–AA00 

Safety Zone; Oswego River, Oswego, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 210-foot 

radius of a pedestrian bridge and the 

surrounding Oswego River in Oswego, 

NY. The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Buffalo. 

DATES: This rule is effective from 5:15 

p.m. through 6:45 p.m. November 25, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0865 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 LT William Kelley, Waterways 

Management at Sector Buffalo, U.S. 

Coast Guard; telephone 716–843–9343, 

email D09-SMB-SECBuffalo-WWM@

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 the 

event sponsor did not submit notice of 

the fireworks display to the Coast Guard 

with sufficient time remaining before 

the event to publish an NPRM. Delaying 

the effective date of this rule to wait for 

a comment period to run would be 

impracticable and contrary to the public 

interest by inhibiting the Coast Guard’s 

ability to protect spectators and vessels 

from the hazards associated with this 

fireworks display. 

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. For the same reasons 

discussed in the preceding paragraph, 

waiting for a 30-day notice period to run 

would be impracticable and contrary to 

the public interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port (COTP) Buffalo has 

determined that fireworks over the 

water presents significant risks to public 

safety and property. This rule is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

fireworks display is taking place. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 5:15 p.m. through 6:45 p.m. on 

November 25, 2023. The safety zone 

will cover all navigable waters within a 

210-foot radius of land launched 

fireworks over the Oswego River in 

Oswego, NY. The duration of the zone 

is intended to protect spectators, 

vessels, and the marine environment in 

these navigable waters during the 

fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP Buffalo 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 


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80590 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

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 safety zone. The 

safety zone will encompass a 210-foot 

radius of land launched fireworks in the 

Oswego River, in Oswego, NY, lasting 

approximately 1.5 hours during the 

evening 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 approximately 1.5 hours 

that will prohibit entry within a 210- 

foot radius on the Oswego River, in 

Oswego, NY. for a fireworks display. 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.T09–0865 to read as 

follows: 

§ 165.T09–0865 Safety Zone; Oswego 

River, NY. 

(a) Location. The following area is a 

safety zone: All waters of the Oswego 

River, from surface to bottom, 

encompassed by a 210-foot radius 

around 43°27′15.18′′ N 76°30′27.89′′ W. 

(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 Buffalo (COTP) in the 

enforcement of the safety zone. 


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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80591 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP Buffalo or a 

designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Buffalo or their 

designated representative to obtain 

permission to do so. The COTP Buffalo 

or their designated representative may 

be contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP Buffalo, or their 

designated representative. 

(d) Enforcement period. The regulated 

area described in paragraph (a) is 

effective from 5:15 p.m. through 6:45 

p.m. on November 25, 2023. 

Dated: November 9, 2023. 

M.I. Kuperman, 

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

Port Buffalo. 

[FR Doc. 2023–25582 Filed 11–17–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0385] 

RIN 1625–AA87 

Security Zone; Helicopter Crash, Read 

Island, AK 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for all navigable waters within a 2 

nautical miles radius of Read Island, 

AK, centered at Latitude: 57°06′48.3′′ N, 

Longitude: 133°11′43.4′′ W, where a 

MH–60 Jayhawk Helicopter crashed 

(CG–6016), early on Tuesday, November 

14, 2023. This security zone is needed 

to protect and preserve the crash site of 

the MH–60 Helicopter wreck. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Southeast Alaska or a designated 

representative. 

DATES: This rule is effective without 

actual notice from November 20, 2023, 

through January 13, 2024. For the 

purposes of enforcement, actual notice 

will be used from November 14, 2023, 

through November 20, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0385 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 LT Catherine E. Cavender, 

Sector Southeast Alaska Waterways 

Management Division, U.S. Coast 

Guard; telephone 907–463–2846, email 

Catherine.E.Cavender@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

COTP Captain of the Port Sector Southeast 

Alaska 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

NM Nautical Miles 

COTP Captain of the Port 

DNR Alaska Department of Natural 

Resources 

II. Background Information and 

Regulatory History 

On November 14, 2023, a Coast Guard 

MH–60 Jayhawk Helicopter crashed on 

Read Island, AK, while responding to a 

disabled vessel. The MH–60 helicopter 

is still on Read Island and must remain 

in place for the appropriate 

investigations and hazardous materials 

cleanup to take place. The purpose of 

the temporary security zone is to 

facilitate the security and preserve the 

crash site of the MH–60 helicopter. 

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 

immediate action is needed to facilitate 

the ongoing investigation at the crash 

site. Publishing a NRPM is 

impracticable and contrary to public 

interest because the security zone must 

be established as soon as possible to 

enhance public and maritime safety and 

security and to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the security 

zone from potential hazards created by 

the MH–60 Helicopter crash site. 

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 the 

MH–60 Helicopter crash site, mitigate 

potential maritime threats, and enhance 

maritime safety and security. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70051 and 

70124. The Captain of the Port Sector 

Southeast Alaska (COTP) has 

determined that potential hazards 

associated with ongoing salvage and 

safety investigation measures, will be a 

safety concern for anyone within a 2 

nautical miles radius of Read Island, 

centered at Latitude: 57°06′48.3′′ N, 

Longitude: 133°11′43.4′′ W. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the security 

zone from potential hazards created by 

the MH–60 Helicopter crash site. 

IV. Discussion of the Rule 

This rule establishes a security zone 

from 5 p.m. November 14, 2023, until 

11:59 p.m. on January 13, 2024. The 

security zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the hazardous materials 

cleanup at the MH–60 Helicopter crash 

site and the ongoing safety 

investigation. The security zone will 

cover all navigable waters within a 2 

nautical miles radius of Read Island, 

centered at Latitude: 57°06′48.3′′ N, 

Longitude: 133°11′43.4′′ W to conduct 

salvage and gather evidence pursuant to 

the safety investigation. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

during the hazardous materials cleanup 

and during the safety investigation. 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. 


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