85496 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

2 76 FR 41148 (July 13, 2011) (https://

www.ftc.gov/sites/default/files/documents/federal_

register_notices/16-cfr-part-423-care-labelingtextile-wearing-apparel-and-certain-piece-goodsamended-advance-notice/110707carelabelfrn.pdf). 

3The Commission solicited comment on whether 

it should modify the Rule’s provision permitting the 

use of care symbols, and whether it should amend 

the Rule to address the disclosure of care 

instructions in languages other than English and the 

practice of professional wetcleaning. Id. 

4 77 FR 58338 (Sept. 20, 2012) (https://

www.ftc.gov/sites/default/files/documents/federal_

register_notices/trade-regulation-rule-care-labelingtextile-wearing-apparel-and-certain-piece-goodsnotice-proposed/120911carelabelingfrn.pdf). 

5 Id. 

6 85 FR 44485 (July 23, 2020) (https://

www.regulations.gov/document/FTC-2020-0058- 

0001). 

7https://www.regulations.gov/document/FTC2020-0058-0001. 

8Comments at https://www.regulations.gov/ 

document/FTC-2020-0058-0001/comment. 

9https://www.ftc.gov/system/files/documents/ 

public_statements/1592326/r511915care

labelingrepealstatement.pdf. 

The Commission now terminates its 

review of the Care Labeling Rule, 16 

CFR part 423, which has been inactive 

since 2021. The Commission started this 

review on July 13, 2011, by publishing 

an advance notice of proposed 

rulemaking (‘‘ANPR’’) seeking comment 

on the economic impact of, and the 

continuing need for, the Rule; the 

benefits of the Rule to consumers; and 

any burdens it places on businesses.2

The Commission also sought comment 

on proposed amendments.3

In response to comments to the 

ANPR, the Commission published a 

notice of proposed rulemaking 

(‘‘NPRM’’) 4 in 2012, in which it 

proposed amending the Rule to: (1) 

permit manufacturers and importers to 

provide a care instruction for 

professional wetcleaning on labels if the 

garment can be professionally 

wetcleaned; (2) permit manufacturers 

and importers to use the symbol system 

set forth in either ASTM Standard 

D5489–07, ‘‘Standard Guide for Care 

Symbols for Care Instructions on Textile 

Products,’’ or ISO 3758:2005(E), 

‘‘Textiles—Care labelling code using 

symbols’’; (3) clarify what constitutes a 

reasonable basis for care instructions; 

and (4) update the definition of 

‘‘dryclean’’ to reflect then-current 

practices and technology.5

After analyzing the substantial record, 

including comments to the NPRM, in 

2020, the Commission published a 

supplemental notice of proposed 

rulemaking (‘‘SNPRM’’) 6 proposing to 

repeal the Rule. Specifically, the 

Commission stated that the record 

suggests the Rule may not be necessary 

to ensure manufacturers provide care 

instructions, may have failed to keep up 

with a dynamic marketplace, and may 

negatively affect the development of 

new technologies and disclosures.7

The Commission, however, received 

little support for repealing the Rule.8

Many commenters argued that if the 

Commission were to repeal the Rule, 

cost savings would motivate 

manufacturers to avoid providing care 

instructions. Additionally, numerous 

cleaners commented that care 

instructions were critical to enable 

cleaners to avoid damaging customers’ 

garments. Therefore, on July 21, 2021, 

the Commission published a statement 

that it determined not to finalize the 

proposed repeal.9 The Commission now 

terminates its review of that Rule. 

Authority: 15 U.S.C. 41 through 58. 

By direction of the Commission. 

Joel Christie, 

Acting Secretary. 

[FR Doc. 2023–26966 Filed 12–7–23; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2023–0886] 

RIN 1625–AA08 

Special Local Regulation; Lake 

Havasu, Lake Havasu City, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for the 2023 Lake Havasu City Christmas 

Parade of Lights that will be held on the 

navigable waters of Lake Havasu, AZ. 

This action is necessary to provide for 

the safety of life on these navigable 

waters of Lake Havasu during a vessel 

parade. This rule would prohibit 

spectators from anchoring, blocking, 

loitering, or transiting through the event 

area unless authorized by the Captain of 

the Port San Diego or a designated 

representative. 

DATES: This rule is effective from 5 p.m. 

through 9 p.m. on December 9, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0886 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 Junior Grade Shelley 

Turner, Waterways Management, U.S. 

Coast Guard Sector San Diego, CA; 

telephone (619) 278–7656, email 

D11MarineEventsSD@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 we 

must establish this special local 

regulation by December 9, 2023. The 

Coast Guard did not receive final details 

regarding the parade route until October 

18, 2023. As such, it is impracticable to 

publish an NPRM because we lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

This regulation is necessary to ensure 

the safety of life on the navigable waters 

of Lake Havasu during the marine event. 

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 contrary to public 

interest because immediate action is 

needed to ensure the safety of life on the 

navigable waters of Lake Havasu during 

the marine event on December 9, 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 Sector San Diego 

(COTP) has determined that the large 

presence of vessels in Lake Havasu 

associated with the 2023 Lake Havasu 

City Christmas Parade of Lights on 

December 9, 2023, poses a potential 

safety concern. This rule is needed to 

protect persons, vessels, and the marine 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85497 

environment in the navigable waters 

within Lake Havasu while the event is 

occurring. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 5 p.m. until 9 p.m. on 

December 9, 2023. The special local 

regulation will cover all navigable 

waters encompassing the parade route 

on a pre-determined course through 

North Lake Havasu, Bridgewater 

Channel, and Thompson Bay. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the bridge is being 

repaired. No vessel or person will be 

permitted to enter the special local 

regulation 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 affected portion of Lake Havasu 

will be of very limited duration, during 

evening hours when vessel traffic is 

historically low, and is necessary for 

safety of life to participants in the event. 

Moreover, the Coast Guard would make 

a post in the Local Notice to Mariners 

with details on 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 special 

local regulation 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 

special local regulation lasting only 4 

hours that will prohibit entry into a predetermined course for a vessel parade. 

It is categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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 100 

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 100 as follows: 


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85498 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T1199–0137 to read as 

follows: 

§ 100.T1199–0137 2023 Lake Havasu City 

Christmas Parade of Lights, Lake Havasu, 

Arizona. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All waters of Lake Havasu, from surface 

to bottom, on a predetermined parade 

route starting in Thompson Bay, 

proceeding north through the 

Bridgewater Channel, turning around in 

North Lake Havasu, proceeding south 

back through the Bridgewater Channel, 

and returning to the starting point of the 

parade in Thompson Bay. 

(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 Sector San Diego 

(COTP) in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as participants in the parade. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector San Diego or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling (619) 278– 

7000. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners. 

(d) Enforcement period. This section 

will be enforced from 5 p.m. to 9 p.m. 

on December 9, 2023. 

J.W. Spitler, 

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

Port San Diego. 

[FR Doc. 2023–27038 Filed 12–7–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0842] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, 

Addison Point, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the John F. Kennedy 

Space Center Bridge (NASA Causeway), 

across the Atlantic Intracoastal 

Waterway (Indian River), mile 885, at 

Addison Point, FL. The drawbridge was 

replaced with a fixed bridge in 2023 and 

the operating regulation is no longer 

applicable or necessary. 

DATES: This rule is effective December 8, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0842) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Leonard Newsom, Coast 

Guard; telephone 305–415–6946, email 

Leonard.D.Newsom@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

FL Florida 

AICW Atlantic Intracoastal Waterway 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this final 

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), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

unnecessary. The John F. Kennedy 

Space Center Bridge, that once required 

the draw operations in 33 CFR 

117.261(l), was removed from the 

Atlantic Intracoastal Waterway (Indian 

River) and replaced with a fixed bridge 

in 2023. Therefore, the regulation is no 

longer applicable and shall be removed 

from publication. It is unnecessary to 

publish an NPRM because this 

regulatory action does not purport to 

place any restrictions on mariners but 

rather removes a restriction that has no 

use or value because the new bridge 

does not open. 

We are issuing this rule under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

rule effective in less than 30 days after 

publication in the Federal Register. The 

bridge has been removed from the 

waterway and this rule merely requires 

an administrative change to the Federal 

Register, in order to omit a regulatory 

requirement that is no longer applicable 

or necessary. The modification has 

already taken place and the removal of 

the regulation will not affect mariners 

currently operating on this waterway. 

Therefore, a delayed effective date is 

unnecessary. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The John F. Kennedy Space Center 

bridge was removed and replaced with 

a fixed bridge in 2023. The elimination 

of this drawbridge necessitates the 

removal of the drawbridge operation 

regulation, 33 CFR 117.261(l), that 

pertain to the former drawbridge. 

The purpose of this rule is to remove 

the paragraph of 33 CFR 117.261(l) that 

refers to the John F. Kennedy Space 

Center Bridge, across the Atlantic 

Intracoastal Waterway (Indian River) at 

mile 885, from the Code of Federal 

Regulations since it governs a bridge 

that is no longer able to be opened. 

IV. Discussion of Final Rule 

The Coast Guard is changing the 

regulation in 33 CFR 117.261 by 

removing restrictions and the regulatory 

burden related to draw operations for a 

bridge that is no longer a drawbridge. 

The change removes § 117.261(l) of the 

regulation governing the John F. 

Kennedy Space Center Bridge since the 

bridge has been removed from the 

waterway and replaced with a fixed 

bridge. This final rule seeks to update 

the CFR by removing language that 

governs the operation of the John F. 


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