Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 83507 

Dated: November 21, 2023. 

Jason Gunning, 

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

Port, Sector Corpus Christi. 

[FR Doc. 2023–26334 Filed 11–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0919] 

RIN 1625–AA00 

Safety Zone; Gulf of Mexico, Lower 

Mississippi River Below Head of 

Passes 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River below Head of Passes. 

The safety zone is needed to protect 

persons and critical infrastructure from 

the potential contamination due to an 

oil spill in the Gulf of Mexico. Entry of 

vessels or persons into this zone, or 

movement of vessels within this zone is 

prohibited unless specifically 

authorized by the Captain of the Port or 

a designated representative. 

DATES: This rule is effective without 

actual notice from November 30, 2023 

through December 17, 2023. For the 

purposes of enforcement, actual 

notification will be used from 5 p.m. on 

November 17, 2023, until November 30, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCGUSCG–2023–0919 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 Commander William 

Stewart, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2246, email 

William.A.Stewart@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 an oil 

spill happened 2 days ago, and 

immediate action is needed to respond 

to the potential safety impacts 

associated with oil contamination. It is 

impracticable to publish NPRM because 

we must establish this safety zone 

immediately. 

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 oil spill. 

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 New Orleans 

(COTP) has determined that potential 

hazards associated with contamination 

due to oil spill which happened 2 days 

ago, will be a safety concern to all 

persons and critical infrastructure 

within the Captain of the Port Sector 

New Orleans area. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 5 p.m. on November 17, 2023 

through December 17, 2023. The safety 

zone will cover all navigable waters of 

Lower Mississippi River below Head of 

Passes. The duration of the zone is 

intended to protect persons and critical 

infrastructure from the potential 

contamination due to oil spill in the 

Gulf of Mexico. 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 duration of rule. 

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– 


khammond on DSKJM1Z7X2PROD with RULES
83508 Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 

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 an 

emergency safety zone that will prohibit 

entry to Lower Mississippi River below 

Head of Passes. It is categorically 

excluded from further review under 

paragraph L60d of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination will be 

available in the docket after issuance or 

publication of this rule. 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.T08–0919 to read as 

follows: 

§ 165.T08–0919 Safety Zone; Gulf of 

Mexico, Lower Mississippi River below 

Head of Passes. 

(a) Location. The following area is a 

safety zone: all navigable waters of 

Lower Mississippi River below Head of 

Passes. 

(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 New Orleans (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 

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 via VHF–FM Channel 16 

or 67 or by telephone at (504) 365–2545. 

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. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

(e) Enforcement period. This section 

will be subject to enforcement from 5 

p.m. on November 17, 2023, through 

December 17, 2023. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: November 17, 2023. 

K.K. Denning, 

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

Port Sector New Orleans. 

[FR Doc. 2023–26295 Filed 11–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 19–CRB–0005–WR (2021–2025) 

COLA (2024)] 

Cost of Living Adjustment to Royalty 

Rates for Webcaster Statutory License 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Final rule; cost of living 

adjustment. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) in the royalty rates that 

commercial and noncommercial 

noninteractive webcasters pay for 

eligible transmissions pursuant to the 

statutory licenses for the public 

performance of and for the making of 

ephemeral reproductions of sound 

recordings. 

DATES: 

Effective date: November 30, 2023. 

Applicability dates: These rates are 

applicable to the period January 1, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 


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