85110 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations 

Flexibility Act. Nonetheless, as this rule 

eliminates a currently unused authority, 

the Department certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

C. Congressional Review Act 

This rule is not a major rule as 

defined by the Congressional Review 

Act (5 U.S.C. 801 et seq.). This rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

import markets. 

D. Executive Orders 12866, 13563, and 

14094 

Notwithstanding that the policies of 

the Secretary of State in exercising their 

authority to conduct international 

affairs through the granting or refusal of 

visas to foreign nationals is a foreign 

affairs function, the Department has 

submitted this rule to OIRA for review 

and OIRA has deemed this rule to be not 

significant. The Department has also 

considered this final rule in light of E.O. 

13563 and E.O. 14094 and affirms that 

this rule is consistent with the guidance 

therein. 

As noted in the NPRM, the Visa Office 

consulted with management in the 

immigrant visa units of five of the 

largest-volume immigrant visa 

processing posts: Ciudad Juarez, Manila, 

Santo Domingo, Mumbai, and Dhaka. 

Each of the five posts reported they do 

not provide this service. Given that 

these five posts process 32 percent of 

the immigrant visas worldwide, and 

they have no information regarding the 

provision of this service, we are 

confident that eliminating this 

regulation will not result in significant 

impacts. 

E. Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

F. Paperwork Reduction Act 

This rule does not impose any new 

reporting or record-keeping 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. Chapter 35. 

G. Other 

The Department has also considered 

this rule under the Unfunded Mandates 

Reform Act of 1995 and Executive 

Orders 12372, 13132, and 13272 and 

affirms this rule is consistent with the 

applicable mandates or guidance 

therein. 

List of Subjects in 22 CFR Part 42 

Immigration, Passports, Visas. 

Accordingly, for the reasons set forth 

in the preamble, 22 CFR 42 is amended 

as follows: 

PART 42—VISAS: DOCUMENTATION 

OF IMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for part 42 

continues to read as follows: 

Authority: 8 U.S.C. 1104 and 1182; Pub. L. 

105–277, 112 Stat. 2681; Pub. L. 108–449, 

118 Stat. 3469; The Convention on Protection 

of Children and Co-operation in Respect of 

Intercountry Adoption (done at the Hague, 

May 29, 1993), S. Treaty Doc. 105–51 (1998), 

1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 

42 U.S.C. 14901–14954 (Pub. L. 106–279, 114 

Stat. 825); 8 U.S.C. 1101 (Pub. L. 111–287, 

124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109– 

162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. 

114–70, 129 Stat. 561). 

§ 42.68 [Removed and reserved] 

■ 2. Remove and reserve § 42.68. 

Julie M. Stufft, 

Deputy Assistant Secretary for Visa Services, 

Consular Affairs, Department of State. 

[FR Doc. 2023–26907 Filed 12–6–23; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[USCG–2023–0899] 

Special Local Regulations; Marine 

Events Within the Captain of the Port 

Charleston 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulation for the 

Charleston Parade of Boats on December 

9, 2023, to provide for the safety of life 

on navigable waterways during this 

event. Our regulation for marine events 

within the Captain of the Port 

Charleston identifies the regulated area 

for this event in Charleston, SC. During 

the enforcement period, no person or 

vessel may enter, transit through, 

anchor in, or remain within the 

regulated area unless authorized by the 

Coast Guard Patrol Commander or a 

designated representative. 

DATES: The regulations in 33 CFR 

100.704 will be enforced from 4 p.m. 

through 8 p.m. on December 9, 2023, for 

the location identified in paragraph (d), 

Item 10 in table 1 to § 100.704. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant James Sullivan, Sector 

Charleston Waterways Management 

Division, U.S. Coast Guard; telephone 

843–740–3184, email 

James.P.Sullivan2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation in 33 CFR 100.704 for the 

Charleston Parade of Boats regulated 

area identified in table 1 to § 100.704, 

paragraph (d), Item 10, from 4 p.m. until 

8 p.m. on December 9, 2023. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

this event. Our regulation for recurring 

marine events, Captain of the Port 

Charleston, § 100.704, paragraph (d), 

Item 10, specifies the location of the 

regulated area for the Charleston Parade 

of Boats, which encompasses portions of 

the Charleston Harbor located in 

Charleston, SC, including Anchorage A, 

Shutes Folly, Bennis Reach, Horse 

Reach, Hog Island Reach, Town Creek 

Lower Reach, and Ashley River. Under 

the provisions of 33 CFR 100.704, all 

persons and vessels are prohibited from 

entering the regulated area, except those 

persons and vessels participating in the 

event, unless they receive permission to 

do so from the Coast Guard Patrol 

Commander, or designated 

representative. 

Spectator vessels may safely transit 

outside the regulated area, but may not 

anchor, block, loiter in, impede the 

transit of festival participants or official 

patrol vessels or enter the regulated area 

without approval from the Coast Guard 

Patrol Commander or a designated 

representative. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this regulation. In addition to this notice 

of enforcement in the Federal Register, 

the Coast Guard will provide notice of 

the regulated area via Local Notice to 

Mariners, Marine Safety Information 

Bulletins, Broadcast Notice to Mariners, 

and on-scene designated 

representatives. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Rules and Regulations 85111 

Dated: November 27, 2023. 

F.J. Delrosso, 

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

Port Charleston. 

[FR Doc. 2023–26844 Filed 12–6–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0222] 

Drawbridge Operation Regulation; 

Okeechobee Waterway, Stuart, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of temporary deviation 

from regulations; modification. 

SUMMARY: The Coast Guard is modifying 

a temporary deviation from the 

operating schedule that governs the 

Florida East Coast (FEC) Railroad 

Bridge, across the Okeechobee 

Waterway (OWW), mile 7.41, at Stuart, 

Florida. This modification extends the 

period the drawbridge may operate 

under the temporary deviation to the 

drawbridge operating schedule. This 

modification will allow the Coast Guard 

to review public comments and will 

provide continuity in the operation of 

the drawbridge until a determination is 

made if this temporary deviation will 

meet the reasonable needs of competing 

modes of transportation. 

DATES: This deviation is effective from 

12:01 a.m. on December 18, 2023, 

through 11:59 p.m. on February 11, 

2024. 

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–2022–0222) 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 temporary 

deviation, call or email Ms. Jennifer 

Zercher, Bridge Management Specialist, 

Seventh Coast Guard District; telephone 

305–415–6740, email 

Jennifer.N.Zercher@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Florida East Coast (FEC) Railroad Bridge 

across the Okeechobee Waterway 

(OWW), mile 7.41, at Stuart, Florida, is 

a single-leaf bascule bridge with a sixfoot vertical clearance at mean high 

water in the closed position. The normal 

operating schedule for the bridge is 

found in 33 CFR 117.317(c). 

On August 11, 2023, the Coast Guard 

published a temporary deviation 

entitled ‘‘Drawbridge Operation 

Regulation; Okeechobee Waterway, 

Stuart, FL’’ in the Federal Register (88 

FR 54487). That temporary deviation, 

effective from 12:01 a.m. on August 15, 

2023, through 11:59 p.m. on December 

17, 2023, allows the drawbridge to 

operate on a more predictable schedule 

due to the significant increase in 

railway activity. 

On November 7, 2023, the Coast 

Guard published a notice reopening the 

comment period until November 30, 

2023, because service was delayed on 

the passenger train (88 FR 76666). 

The Coast Guard has determined an 

extension of the temporary deviation is 

necessary to allow for the review of 

public comments, while providing 

continuity in the operation of the 

drawbridge until a determination is 

made if this temporary deviation will 

meet the reasonable needs of competing 

modes of transportation. 

Under this temporary deviation 

modification from 12:01 a.m. on 

December 18, 2023, through 11:59 p.m. 

on February 11, 2024, the FEC Railroad 

Bridge will be maintained in the fully 

open-to-navigation position, except 

during periods when it is closed for the 

passage of train traffic, to conduct 

inspections, and to perform 

maintenance and repairs authorized by 

the Coast Guard. However, the bridge 

will not be closed for more than 50 

consecutive minutes in any given hour 

during daytime operations (6 a.m. to 10 

p.m.) and for more than 8 total hours 

during daytime operations (6 a.m. to 10 

p.m.). 

Notwithstanding the above paragraph, 

the drawbridge will open and remain 

open to navigation for a fixed 10-minute 

period at the top of each hour from 6 

a.m. to 10 p.m. In addition, the 

drawbridge will open and remain open 

to navigation for a fixed 15-minute 

period as outlined in the table below: 

TABLE 1 

Monday through Friday: 

8:55 a.m. through 9:10 a.m. 

Saturday and Sunday: 

8:55 a.m. through 9:10 a.m. 

9:55 a.m. through 10:10 a.m. 

10:55 a.m. through 11:10 a.m. 

12:55 p.m. through 1:10 p.m. 

4:55 p.m. through 5:10 p.m. 

From 10:01 p.m. until 5:59 a.m. daily, 

the drawbridge will remain in the fully 

open-to-navigation position, except 

during periods when it is closed for the 

passage of train traffic, to conduct 

inspections, and to perform 

maintenance and repairs authorized by 

the Coast Guard. The drawbridge will 

not be closed more than 60 consecutive 

minutes. 

If a train is in the track circuit at the 

start of a fixed opening period, the 

opening may be delayed up to, but not 

more than, five minutes. Once the train 

has cleared the circuit, the bridge must 

open immediately for navigation to 

begin the fixed opening period. 

In the event of a drawbridge 

operational failure, or other emergency 

circumstances impacting normal 

drawbridge operations, the drawbridge 

owner will immediately notify the Coast 

Guard Captain of the Port Miami and 

provide an estimated time of repair and 

return to normal operations. 

The drawbridge will be tended from 

6 a.m. to 10 p.m., daily. The bridge 

tender will monitor VHF–FM channels 

9 and 16 and will provide estimated 

times of drawbridge openings and 

closures, or any operational information 

requested. Operational information will 

be provided 24 hours a day by 

telephone at (772) 403–1005. 

The drawbridge owner will maintain 

a mobile application. The drawbridge 

owner will publish drawbridge opening 

times, and the drawbridge owner will 

provide timely updates to schedules, 

including but not limited to, impacts 

due to emergency circumstances, 

inspections, maintenance, and repairs 

authorized by the Coast Guard. 

Signs will be posted and visible to 

marine traffic, displaying VHF radio 

contact information, application 

information, and the telephone number 

for the bridge tender. 

A drawbridge logbook will be 

maintained including the date and time 

of each closing and opening of the draw. 

The drawbridge logbook will also 

include all maintenance opening, 

closings, malfunctions, or other 

comments. During the temporary 

deviation, a copy of the drawbridge 

logbook for the previous week will be 

provided to the Seventh Coast Guard 

District Bridge Manager by 4:00 p.m. 

each Monday. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedules immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulation is 

authorized pursuant to 33 CFR 

117.35(a). 


ddrumheller on DSK120RN23PROD with RULES1