85500 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0743] 

RIN 1625–AA00 

Safety Zone; Lahaina Boat Basin, Maui, 

HI—Emergency Operations and Port 

Recovery 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters in the vicinity of 

Lahaina Boat Basin, Maui, Hawaii. The 

temporary safety zone encompasses all 

waters extending 200 yards from shore 

from the northernmost boundary, 60 

yards south of the intersection of Front 

Street and Baker Street, Maui, to the 

southernmost boundary, 20 yards south 

of the intersection of Front Street and 

Shaw Street, Maui. This action is 

necessary to provide for the safety of 

persons and the marine environment 

from the potential safety hazards 

associated with the damage assessment, 

debris management, vessel salvage, and 

port recovery of Lahaina Boat Basin and 

surrounding waters, through December 

15, 2023. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Honolulu or designated 

representative. 

DATES: This rule is effective without 

actual notice from December 8, 2023 

through December 15, 2023. For the 

purposes of enforcement, actual notice 

will be used from December 01, 2023, 

until December 8, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0743 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 Wade 

Thomson, Waterways Management 

Division, U.S. Coast Guard Sector 

Honolulu at (808) 541–4359 or 

Wade.P.Thomson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Honolulu 

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 8, 2023, high winds and 

wildfires struck portions of Maui, 

Hawaii, causing damage to coastal 

infrastructure and prompting mass 

rescue operations for area residents. 

On August 9, 2023, the Coast Guard 

issued a temporary rule establishing a 

safety zone for all waters extending 1 

nautical mile from shore starting from 

the northernmost point of Kekaa Point, 

Maui, thenceforth to the southernmost 

point at Hekili Point, Maui, to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with emergency response and 

port recovery operations after wildfires 

affected the area. The safety zone was 

effective through August 23, 2023. A 

copy of the rulemaking that ended on 

August 23, 2023, is available in Docket 

USCG–2023–0669, which can be found 

using instructions in the ADDRESSES

section. 

On September 22, 2023, the Coast 

Guard issued a rulemaking creating a 

temporary safety zone that encompassed 

all waters extending 200 yards from 

shore from the northernmost point, 100 

yards south of the intersection of Kaniau 

Road and Honoapiilani Highway 

(Highway 30), Maui, thenceforth to the 

southernmost boundary at the southern 

end of Launiupoko Beach Park, Maui, 

with an effective end date of December 

5, 2023. A copy of the rulemaking 

ending on December 5, 2023 is available 

in the Docket USCG–2023–0743, which 

can be found using instructions in the 

ADDRESSES section. However, additional 

time is needed to continue to provide 

protection against hazards in the area 

due to emergency response and port 

recovery operations. As a result, the 

Coast Guard is establishing through 

temporary regulations a safety zone that 

will be in effect through December 15, 

2023. The safety zone encompasses all 

waters extending 200 yards from shore 

from the northernmost boundary, 60 

yards south of the intersection of Front 

Street and Baker Street, Maui, to the 

southernmost boundary, 20 yards south 

of the intersection of Front Street and 

Shaw Street, Maui. 

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) 

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 of the continuing 

damage assessment and salvage 

operations. 

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 to restrict 

vessel traffic within the safety zone is 

needed to protect life, property, and the 

environment, therefore a 30-day notice 

period is impracticable. Delaying the 

effective date would be contrary to the 

safety zone’s intended objectives of 

providing immediate protection to onscene emergency personal, creating a 

working buffer necessary to mitigate any 

safety and potential pollution threats 

caused by the wildfires and establishing 

immediate maritime safety in the 

vicinity of on-scene damage 

assessments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Coast Guard Captain of the Port Sector 

Honolulu (COTP) has determined that 

the potential hazards associated with 

the emergency response and port 

recovery efforts connected to wildfires 

in the area constitute a safety concern 

for anyone within the designated safety 

zone. This rule is necessary to protect 

personnel, vessels, and the marine 

environment within the navigable 

waters of the safety zone during ongoing 

emergency response and port recovery 

operations. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone that will be enforced from 

December 01, 2023, through December 

15, 2023, at 11:59 p.m., or until 

emergency response and port recovery 

operations are complete, whichever is 

earlier. If the safety zone is terminated 

prior to 11:59 p.m. on December 15, 

2023, the Coast Guard will provide 

notice via a broadcast notice to 

mariners. The temporary safety zone 

encompasses all waters extending 200 

yards from shore from the northernmost 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85501 

boundary, 60 yards south of the 

intersection of Front Street and Baker 

Street, Maui, to the southernmost 

boundary, 20 yards south of the 

intersection of Front Street and Shaw 

Street, Maui. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards associated with ongoing 

emergency response and port recovery 

operations after wildfires affected the 

area. No vessel or person will be 

permitted to enter the safety zone absent 

the express authorization of the COTP 

or her 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 

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, and 

limited duration of the safety zone. This 

zone impacts a small, designated area of 

the Lahaina Harbor and surrounding 

waters and operations may suspend 

early at the discretion of the COTP. 

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 that will prohibit entry within 

certain navigable waters of Lahaina Boat 

Basin. 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. 

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.T14–0743 to read as 

follows: 


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85502 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

1 88 FR 16924. 2 22 U.S.C. 2452(b)(6). 

§ 165.T14–0743 Safety Zone; Pacific 

Ocean, Lahaina Boat Basin, Maui, HI— 

Emergency Operations and Port Recovery. 

(a) Location. The following area is a 

safety zone: All waters extending 200 

yards from shore from the northernmost 

boundary, 60 yards south of the 

intersection of Front Street and Baker 

Street, Maui, to the southernmost 

boundary, 20 yards south of the 

intersection of Front Street and Shaw 

Street, Maui. 

(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 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 

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 by VHF/FM Chanel 16. 

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) Enforcement period. This rule will 

be enforced December 1, 2023, through 

December 15, 2023, unless an earlier 

end is announced by broadcast notice to 

mariners. 

Dated: December 1, 2023. 

A.L. Kirksey, 

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

Port Sector Honolulu. 

[FR Doc. 2023–26808 Filed 12–7–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 662 and 663 

RIN 1840–AD90 

Fulbright-Hays Doctoral Dissertation 

Research Abroad Fellowship Program 

and Faculty Research Abroad 

Fellowship Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Final regulations. 

SUMMARY: The U.S. Department of 

Education (Department or we) issues 

final regulations governing the 

Fulbright-Hays Doctoral Dissertation 

Research Abroad (DDRA) Fellowship 

Program and the Faculty Research 

Abroad (FRA) Fellowship Program. This 

rule revises language proficiency 

qualifications for DDRA and FRA 

applicants and clarifies the Secretary’s 

discretionary use of eligibility criteria. 

DATES: These regulations are effective 

January 8, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Pamela J. Maimer, U.S. Department of 

Education, 400 Maryland Avenue SW, 

5th Floor, Washington, DC 20202. 

Telephone: (202) 453–6891. Email: 

pamela.maimer@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: 

Background 

The DDRA Fellowship Program 

provides opportunities for doctoral 

students to engage in dissertation 

research abroad in modern foreign 

languages and area studies. The program 

is designed to contribute to the 

development and improvement of the 

study of modern foreign languages and 

area studies in the United States and to 

increase scholars’ knowledge of the 

culture of the people in the countries or 

regions of research. The program 

provides fellowships to doctoral 

candidates who are planning a teaching 

career in the United States upon 

completion of their programs and who 

possess sufficient foreign language skills 

in the country or countries of research 

to carry out the dissertation research 

project. 

The FRA Fellowship Program 

provides opportunities for faculty 

members teaching modern foreign 

languages or area studies at U.S. 

institutions of higher education (IHEs) 

to engage in research abroad in those 

languages or areas studied. The program 

is designed to contribute to the faculty 

members’ foreign language skills and to 

increase knowledge of the culture of the 

people in the countries or regions of 

research. 

On March 21, 2023, the Secretary 

published a notice of proposed 

rulemaking (NPRM) for these parts in 

the Federal Register.1 These final 

regulations contain changes from the 

NPRM, which we explain in the 

Analysis of Comments and Changes 

section of this document. 

Public Comment: In response to our 

invitation in the NPRM, the Department 

received five comments on the proposed 

regulations. We address those comments 

in the Analysis of Comments and 

Changes section below. 

Analysis of Comments and Changes 

We group issues according to subject, 

with appropriate sections of the 

regulations referenced in parentheses, 

where applicable. We discuss other 

substantive issues under the sections of 

the regulations to which they pertain. 

Generally, we do not address minor, 

non-substantive changes (such as 

renumbering paragraphs, adding a word, 

or typographical errors). Additionally, 

we do not address recommended 

changes that the statute does not 

authorize the Secretary to make or 

comments pertaining to operational 

processes. We generally do not address 

comments pertaining to issues that were 

not within the scope of the NPRM. 

An analysis of the public comments 

received and the changes to the 

regulations since publication of the 

NPRM follows. 

General Support 

Comments: Two commenters 

supported the proposed regulations. 

Discussion: We thank the commenters 

for their support. We believe these 

changes maintain the statutory goals 

and the integrity of the programs. 

Changes: None. 

General Opposition 

Comments: One commenter objected 

to the existence of both the DDRA and 

the FRA programs. 

Discussion: These programs are 

authorized by statute.2

Changes: None. 

Secretarial Discretion (§§ 662.21(c) and 

663.21(c)) 

Comments: One commenter asked the 

Department to explain whether the 

proposed rule is intended to merely 

clarify the Secretary’s existing 

discretion to vary selection criteria 

point values assigned to DDRA or FRA, 

which was granted in a 2005 

rulemaking, or whether the proposed 

rule would grant new discretion to the 

Secretary. If the latter, the commenter 

believed that the Department should 

explain any additional discretion and 

give the public an opportunity to 

comment on the proposed expansion. 

The commenter further opined that, 

as the Fulbright-Hays Act and the 

Department’s eligibility regulations 

require the Secretary to meaningfully 

consider foreign language skills, the 

Department should finalize §§ 662.21(c) 

and 663.21(c) without the proposed 

‘‘one or more’’ phrase in the 

introductory text or otherwise clarify 

that the Secretary may not ignore 

foreign language skills when awarding 


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