81348 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

TABLE 17 TO PARAGRAPH (g)(1)(ix) 

No. Name of system 

* * * * * * * 

FinCEN .004 .......... Beneficial Ownership Information System (not exempt from 5 U.S.C. 552a(e)(3) and 5 U.S.C. 552a(e)(4)(I)). 

* * * * * 

Ryan Law, 

Deputy Assistant Secretary Privacy, 

Transparency, and Records, U.S. Department 

of the Treasury. 

[FR Doc. 2023–25681 Filed 11–21–23; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0848] 

RIN 1625–AA87 

Security Zone; Nantucket Memorial 

Airport and Abrams Point, Nantucket, 

MA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two 500-yard temporary 

security zones for all navigable waters 

adjacent to the Nantucket Memorial 

Airport and Straight Wharf as well as a 

1,000-yard temporary security zone for 

all navigable waters adjacent to Abrams 

Point, Nantucket, Massachusetts. These 

security zones are needed to protect the 

persons under the protection of the 

United States Secret Service (USSS). 

Entry of vessels or persons into these 

zones is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Southeastern New England or a 

designated representative. 

DATES: This rule is effective from 

November 21, 2023, through 11:59 p.m. 

on November 26, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2023– 

0848 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 MST2 Christopher Matthews, 

Sector Southeastern New England, U.S. 

Coast Guard; telephone 401–435–2348, 

email 

Christopher.S.Matthews@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector 

Southeastern New England 

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 United States Secret Service 

(USSS) requested that the Coast Guard 

establish two 500-yard temporary 

security zones for all navigable waters 

adjacent to the Nantucket Memorial 

Airport and Straight Wharf as well as a 

1,000-yard temporary security zone for 

all navigable waters adjacent to Abrams 

Point, Nantucket, Massachusetts. The 

purpose of the temporary security zone 

is to facilitate the security and safety of 

the persons under USSS protection. 

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 

Coast Guard did not receive information 

regarding this event in time to publish 

NPRM and seek comments before the 

subject visit. Publishing an NPRM and 

delaying the effective date would be 

impracticable and contrary to the public 

interest as it would inhibit the Coast 

Guard’s ability to fulfill its statutory 

missions and jeopardize the safety of the 

persons under USSS protection during 

the visit. 

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 

immediate action is needed to ensure 

the safety of the person under USSS 

protection during the visit. 

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 USSS requested that the 

Coast Guard establish two 500-yard 

temporary security zones for all 

navigable waters adjacent to the 

Nantucket Memorial Airport and 

Straight Wharf as well as a 1,000-yard 

temporary security zone for all 

navigable waters adjacent to Abrams 

Point, Nantucket, Massachusetts. The 

purpose of the temporary security zone 

is to facilitate the security and safety of 

the persons under USSS protection 

during their visit to the area. As a result, 

in consultation with the USSS, the 

Captain of the Port Sector Southeastern 

New England (COTP) has determined 

that the security zones are necessary to 

provide security for the persons under 

USSS protection. 

IV. Discussion of the Rule 

This rule establishes two 500-yard 

security zones for all navigable waters 

adjacent to the Nantucket Memorial 

Airport and Straight Wharf as well as a 

1,000-yard temporary security zone for 

all navigable waters adjacent to Abrams 

Point, Nantucket, Massachusetts. No 

vessel or person will be permitted to 

enter the security zones from 12:01 a.m. 

on November 21, 2023, through 11:59 

p.m. on November 26, 2023. Entry into 

these security zones is prohibited unless 

specifically authorized by the COTP or 

their designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

the U.S. Coast Guard Sector 

Southeastern New England. 

Requests for entry will be considered 

and reviewed on a case-by-case basis. 

The COTP may be contacted by 

telephone at 508–457–3211 or can be 

reached by VHF–FM channel 16. 

Persons and vessels permitted to enter 

these security zones must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

their designated representative. 


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Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81349 

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, duration, 

and time-of-year of the security zones. 

These security zones will impact small, 

designated areas off Nantucket, 

Massachusetts for approximately six 

days during a time of year when vessel 

traffic is normally low. To alleviate the 

effects of this rule on the public, the 

COTP may elect to temporary suspend 

enforcement of these security zones. 

Moreover, the Coast Guard will issue 

Broadcast Notice to Mariners via VHFFM marine channel 16 about the zones, 

and the rule allows vessels to seek 

permission to enter the zones. 

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 security 

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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

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 three 

security zones from November 21, 2023, 

through November 26, 2023, that will 

prohibit entry within 500 yards of 

Nantucket Memorial Airport and 

Straight Wharf as well as 1,000 yards of 

Abrams point, Nantucket, 

Massachusetts. 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; 


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81350 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T01–0848 to read as 

follows: 

§ 165.T01–0848 Security Zone; Nantucket 

Memorial Airport, Abrams Point and 

Straight Wharf, Nantucket, MA. 

(a) Location. The following areas are 

security zones: All navigable waters 500 

yards from Nantucket Memorial Airport 

and Straight Wharf as well as 1,000 

yards from Abrams Point, Nantucket, 

Massachusetts. 

(b) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Southeastern New 

England (COTP) or the COTP’s 

designated representative. Designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of U.S. Coast Guard 

Sector Southeastern New England. 

(2) Vessels requiring entry into the 

security zones must request permission 

from the COTP or a designated 

representative. To seek entry into the 

security zones, contact the COTP or the 

COTP’s representative by telephone at 

508–457–3211 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter the security zones must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(c) Enforcement period. This section 

will be enforced from 12:01 a.m. on 

November 21, 2023, through 11:59 p.m. 

on November 26, 2023. To alleviate the 

effects of this section on the public, the 

COTP may elect to temporarily suspend 

enforcement of the security zones. 

Clinton J. Prindle, 

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

Port Sector Southeastern New England. 

[FR Doc. 2023–25956 Filed 11–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–286; RM–11960; DA 23– 

1054; FR ID 184696] 

Television Broadcasting Services 

Winnemucca, Nevada 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Video Division, Media 

Bureau (Bureau), has before it a Notice 

of Proposed Rulemaking issued in 

response to a Petition for Rulemaking 

filed by Gray Television Licensee, LLC 

(Petitioner or Gray), the licensee of 

unbuilt television station KWNV(DT) 

(KWNV or Station), channel 7, 

Winnemucca, Nevada (Winnemucca). 

The Petitioner has requested the 

substitution of UHF channel 16 for VHF 

channel 7 in the Table of TV 

Allotments. The Petitioner filed 

comments in support of the petition, as 

required by the Commission’s rules 

(rules), reaffirming its commitment to 

apply for channel 16. 

DATES: Effective November 22, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 88 FR 

59836 on August 30, 2023. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 16. No other 

comments were received. 

The Bureau believes the public 

interest would be served by substituting 

channel 16 for channel 7 at 

Winnemucca. In support of its channel 

substitution request, Gray states that 

building out its new station on a UHF 

channel will avoid well-documented 

issues with indoor digital VHF 

reception. Gray observes that the 

Commission has recognized the 

deleterious effects manmade noise has 

on the reception of VHF channel 

signals, and the large variability in the 

performance of indoor antennas 

receiving UHF and VHF signals, with 

the substantial majority poorly receiving 

high-VHF channel signals compared to 

UHF channel signals. We also find that 

the proposal complies with all relevant 

technical requirements for amendment 

of the Table of TV Allotments, including 

the interference protection requirements 

of section 73.616 of the rules, and the 

proposed channel 16 facility will 

provide full principal community 

coverage to Winnemucca. In addition, 

proposed channel 16 noise limited 

service contour (NLSC) almost entirely 

encompasses the authorized channel 7 

NLSC, and Gray does not propose a 

change in transmitter location. We also 

note that no viewers will lose any 

existing service because as a permittee, 

Gray has not commenced operations in 

Winnemucca. 

As proposed, channel 16 can be 

substituted for channel 7 at 

Winnemucca in compliance with the 

principal community coverage 

requirements of section 73.625(a) of the 

rules, at coordinates 41°00′31.0′′ N and 

117°46′13.0′′ W. In addition, we find 

that this channel change meets the 

technical requirements set forth in 

sections 73.616 and 73.623 of the rules. 

We also conclude that good cause exists 

to make this channel change effective 

immediately upon publication in the 

Federal Register, pursuant to section 

553(d)(3) of the Administrative 

Procedure Act. An expedited effective 

date is necessary in this case to ensure 

that KWNV can operate with improved 

service to its viewers as quickly as 

possible. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 23–286; RM–11960; DA 23– 

1054, adopted November 7, 2023, and 

released November 7, 2023. The full text 

of this document is available for 

download at https://www.fcc.gov/edocs. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 


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