83028 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

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 contact 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 calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 00170.1. Revision No. 01.3 

§ 117.183 [Amended] 

■ 2. Section 117.183 is stayed from 

November 30, 2023, until 5 p.m. on 

March 1, 2024. 

■ 3. Add section § 117.T184 to read as 

follows: 

§ 117.T184 Old River. 

The draw of the California 

Department of Transportation (Route 4) 

highway bridge, mile 14.8 between 

Victoria Island and Byron Tract need 

not be opened for the passage of vessels. 

Dated: November 20, 2023. 

Andrew M. Sugimoto, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2023–26017 Filed 11–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0898] 

Safety Zone; Fireworks Displays 

Within the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for a fireworks display at 

The Wharf DC on December 2, 2023, to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation for Fireworks Displays 

within the Fifth Coast Guard District 

identifies the safety zone for this event 

in Washington, DC. During the 

enforcement period, vessels may not 

enter, remain in, or transit through the 

safety zone unless authorized to do so 

by the COTP or his representative, and 

vessels in the vicinity must comply with 

directions from the Patrol Commander 

or any Official Patrol displaying a Coast 

Guard ensign. 

DATES: The regulation in 33 CFR 

165.506 will be enforced for the location 

identified in line no. 1 of table 2 to 33 

CFR 165.506(h)(2) from 7 p.m. until 9 

p.m. on December 2, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email MST2 Hollie Givens, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

410–57–2596, email 

MDNCRMarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone 

regulation for a fireworks display at The 

Wharf DC from 7:00 p.m. to 9:00 p.m. 

on December 2, 2023. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

event. Our regulation for Fireworks 

Displays within the Fifth Coast Guard 

District, § 165.506, specifies the location 

of the safety zone for the fireworks 

show, which encompasses portions of 

the Washington Channel in the Upper 

Potomac River. During the enforcement 

period, as reflected in § 165.506(b), if 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83029 

you are the operator of a vessel in the 

vicinity of the safety zone, you may not 

enter, remain in, or transit through the 

safety zone unless authorized to do so 

by the COTP or his representative, and 

you must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: November 20, 2023. 

David E. O’Connell, 

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

Port, Sector Maryland-National Capital 

Region. 

[FR Doc. 2023–26152 Filed 11–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0662] 

RIN 1625–AA00 

Safety Zone; Ashtabula Power Plant 

Breakwater Armor Stone Removal, 

Lake Erie, Ashtabula, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Lake Erie. This action 

is necessary to provide for the safety of 

life and property on these navigable 

waters near Ashtabula, Ohio during the 

Ashtabula power plant breakwater 

armor stone removal project. This rule 

will prohibit persons and vessels from 

entering the safety zone unless 

authorized by the Captain of the Port 

Buffalo. 

DATES: This rule is effective without 

actual notice from November 28, 2023 

through 11:59 p.m. on December 1, 

2024. For the purposes of enforcement, 

actual notice will be used from 7 a.m. 

on November 16, 2023, until November 

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– 

0662 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 Lieutenant Jared Stevens, 

Waterways Management Division, MSU 

Cleveland, U.S. Coast Guard; telephone 

216–937–0124, email Jared.M.Stevens@

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 

COTP Caption of the Port 

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 

insufficient time remains to publish an 

NPRM and receive public comments 

prior to commencement of the 

deconstruction and removal project. 

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 to wait for a comment period 

to run would be contrary to the public 

interest by inhibiting the Coast Guard’s 

ability to protect vessels in these 

navigable waters during this 

deconstruction and removal project. 

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 COTP 

Buffalo has determined a safety zone is 

needed to protect vessel traffic from 

November 16, 2023, through December 

1, 2024, during this deconstruction and 

removal project which will remove the 

breakwater armor stone near the 

Ashtabula power plant in Ashtabula, 

Ohio. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. on November 16, 2023, 

through 11:59 p.m. on December 1, 

2024. The safety zone will cover all 

navigable waters encompassing a 350- 

yard radius zone centered on 

coordinates 41°54′43′′ N, 080°46′09′′ W 

(NAD83) located near the Ashtabula 

power plant located at 2133 Lake Road 

East, Ashtabula, Ohio. The zone may 

require enforcement beyond the stated 

times in the case that the construction 

project runs into unforeseen delays. 

The COTP Buffalo has determined a 

safety zone is needed to protect vessels 

during this deconstruction and removal 

project. No vessel or person will be 

permitted to enter the safety 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. 

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 the need to ensure the safety of 

vessels in these navigable waters during 

this construction project. 

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. 


lotter on DSK11XQN23PROD with RULES1