86046 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

*******

(62) Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate, its optical and geometric isomers, salts and 

salts of isomers (Other name: MDMB–4en–PINACA) .............................................................................................................................. 7090 

(63) Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-dimethyl-butanoate, its optical and geometric isomers, salts and salts 

of isomers (Other names: 4F–MDMB–BUTICA; 4F–MDMB–BICA) ........................................................................................................ 7091 

(64) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H-indazole-3-carboxamide, its optical and geometric isomers, 

salts and salts of isomers (Other name: ADB–4en–PINACA) .................................................................................................................. 7092 

(65) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one, its optical and geometric isomers, salts and salts of isomers (Other 

names: CUMYL–PEGACLONE; SGT–151) ................................................................................................................................................ 7093 

(66) Ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-dimethyl-butanoate, its optical and geometric isomers, salts and salts 

of isomers (Other names: 5F–EDMB–PICA; 5F–EDMB–2201) ................................................................................................................. 7094 

(67) Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methyl butanoate, its optical and geometric isomers, salts and salts 

of isomers (Other name: MMB–FUBICA) .................................................................................................................................................. 7095 

[FR Doc. 2023–27243 Filed 12–11–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0949] 

RIN 1625–AA00 

Safety Zone; Kaneohe Bay, Oahu, HI— 

Navy P8 Aircraft Salvage Operations 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a 0.5 nautical mile radius 

temporary safety zone for navigable 

waters in Kaneohe Bay, HI 

encompassing the partially submerged 

Navy P8 aircraft. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by salvage 

operations of the Navy P8 aircraft. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Honolulu. 

DATES: This rule is effective without 

actual notice from December 12, 2023 

through December 10, 2023. For the 

purposes of enforcement, actual notice 

will be used from December 2, 2023. 

This rule will be enforced each day it is 

in effect from 7 a.m. to 6 p.m. December 

12, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0949 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 Chief Petty Officer Bradley 

Lindsey, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu; telephone 808–541–4363, 

bradley.w.lindsey@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 

would be impracticable and contrary to 

the public interest. The Coast Guard was 

unable to publish an NPRM and hold a 

reasonable comment period for this 

rulemaking due to the emergent nature 

and logistical coordination of salvage 

operations. It is impracticable to publish 

an NPRM because we must establish 

this safety zone by December 2, 2023. 

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 is needed to 

respond to remove the existing threat to 

the environment and safeguard against 

future potential threat to the 

environment as well as safety hazards 

associated with emergency salvage 

operations of the Navy P8 aircraft. 

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 Sector Honolulu 

(COTP) has determined that potential 

hazards associated with emergency 

salvage operations starting December 2, 

2023, will be a safety concern for 

anyone within a 0.5 nautical mile radius 

of the Navy P8 aircraft. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while salvage operations take place. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. until 6 p.m. on December 

2, 2023, through December 10, 2023. 

The Coast Guard is establishing a 0.5 

nautical mile radius temporary safety 

zone for navigable waters in Kaneohe 

Bay, HI encompassing the partially 

submerged Navy P8 aircraft. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the aircraft is being 

salvaged. 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). 


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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 86047 

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 be able to safely transit 

around this safety zone which would 

impact a small, designated area of the 

navigable waters Kaneohe Bay of Oahu, 

Hawaii, where vessel traffic is normally 

low. Moreover, the Coast Guard would 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 and 

publish a Marine Safety Information 

Bulletin (MSIB) on Homeport about 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 only 11 hours per day for 

10 days that will prohibit entry within 

0.5 nautical miles of vessels and 

machinery being used by personnel to 

salvage the Navy P8 aircraft. It is 

categorically excluded from further 

review under paragraph L60(d) 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.T14–0949 to read as 

follows: 

§ 165.T14–0949 Safety Zone; Kaneohe 

Bay, Oahu, HI—Navy P8 Salvage 

Operations. 

(a) Location. The following area is a 

safety zone: The Coast Guard is 

establishing a 0.5 nautical mile radius 

temporary safety zone for navigable 

waters in Kaneohe Bay, HI 

encompassing the partially submerged 

Navy P8 aircraft. This zone extends 

from the surface of the water to the 

ocean floor. 

(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 Honolulu (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 


ddrumheller on DSK120RN23PROD with RULES1
86048 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative at the command center at 

(808) 842–2600 or on VHF channel 16 

(156.8 MHz). 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. 

Dated: December 1, 2023. 

A.L. Kirksey, 

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

Port Sector Honolulu. 

[FR Doc. 2023–27036 Filed 12–11–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0843] 

RIN 1625–AA00 

Safety Zone; Fireworks Display; Hood 

River, Hood River, Oregon 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Columbia River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near Hood River, Oregon, during 

a fireworks display on December 31, 

2023. This regulation prohibits persons 

and vessels from entering the safety 

zone unless authorized by the Captain 

of the Port Sector Columbia River or a 

designated representative. 

DATES: This rule is effective from 7:30 to 

9 p.m. on December 31, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0843 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 Lieutenant Carlie Gilligan, 

Waterways Management Division, 

Sector Columbia River, Coast Guard; 

telephone 503–240–9319, email 

SCRWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Columbia 

River 

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 

On August 15, 2023, the Hood River 

Fireworks, LLC notified the Coast Guard 

that it will be conducting a fireworks 

display from 8 to 8:30 p.m. on December 

31, 2023. The fireworks are to be 

launched from Hood River Spit, 

approximately 1,000 feet south of the 

Columbia River in Hood River, OR. In 

response, on November 2, 2023, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Fireworks Display; Hood 

River, Hood River, OR (88 FR 75244). 

There we stated why we issued the 

NPRM and invited comments on our 

proposed regulatory action related to 

this fireworks display. During the 

comment period that ended December 4, 

2023, we received 8 comments, that are 

discussed in section IV below. 

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 is needed to 

respond to the potential safety hazards 

associated with the fireworks display 

that will impact navigation along the 

Hood River. 

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 Sector Columbia 

River (COTP) has determined that 

potential hazards associated with the 

fireworks to be used in this December 

31, 2023, display will be a safety 

concern for anyone within a 1,000-foot 

radius of the barge. The purpose of this 

rule is to ensure safety of vessels and 

the navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received eight 

comments on our NPRM published 

November 2, 2023. Of them, six were in 

support of the proposed rule while the 

remaining two were unrelated to the 

establishment of the safety zone. There 

are no changes in the regulatory text of 

this rule from the proposed rule in the 

NPRM. 

This rule establishes a safety zone 

from 7:30 to 9 p.m. on December 31, 

2023. The safety zone will cover all 

navigable waters within 1,000 feet of the 

fireworks launch site in Hood River, OR. 

The duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 8 to 8:30 p.m. 

fireworks display. 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 on the size, location, duration 

and time of day of the regulated area. 

The safety zone impacts approximately 

a 1,000-foot area at the intersection of 

the Columbia and Hood Rivers and is 

not anticipated to exceed 1.5 hours in 

duration. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Moreover, 

under certain conditions vessels may 

still transit through the safety zone 

when permitted by the COTP. The Coast 

Guard will issue a Notice to Mariners 

about the zone, and the rule will 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 received no comments 

from the Small Business Administration 


ddrumheller on DSK120RN23PROD with RULES1