87930 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations 

List of Subjects 

33 CFR Part 3 

Organizations and functions 

(Government agencies). 

33 CFR Parts 100 and 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 parts 3, 100, and 165 as follows: 

PART 3—COAST GUARD AREAS, 

DISTRICTS, SECTORS, MARINE 

INSPECTION ZONES, AND CAPTAIN 

OF THE PORT ZONES 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 14 U.S.C. 501, 504; Public Law 

107–296, 116 Stat. 2135; Department of 

Homeland Security Delegation No. 00170.1, 

Revision No. 01.3. 

■ 2. Revise § 3.45–10 to read as follows: 

§ 3.45–10 Sector Eastern Great Lakes 

Marine Inspection Zone and Captain of the 

Port Zone. 

Sector Eastern Great Lakes’ office is 

located in Buffalo, New York. The 

boundaries of Sector Eastern Great 

Lakes’ Marine Inspection Zone and 

Captain of the Port Zone include all 

navigable waters of the United States 

and contiguous land areas within the 

boundaries of an area starting from a 

point on the international boundary in 

Lake Erie at latitude 42°19′24′′ N, 

longitude 80°31′10′′ W, proceeding 

southwest along the international 

boundary to a point at latitude 41°40′36′′ 

N, longitude 82°25′00′′ W; thence south 

to latitude 41°00′00′′ N; thence east to 

longitude 78°54′58′′ W; thence north to 

latitude 42°00′00′′ N; thence east to the 

east bank of the Delaware River at 

latitude 42°00′00′′ N, longitude 

75°21′28′′ W; thence east to longitude 

74°39′00′′ W; thence north to the 

international boundary at a point at 

latitude 44°59′58′′ N, longitude 

74°39′00′′ W; thence southeast along the 

international boundary to the starting 

point. 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 3. The authority citation for part 100 

continues to read as follows: 

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

1. 

§ 100.901 [Amended] 

■ 4. In § 100.901, remove ‘‘Sector 

Buffalo, NY’’ from table 1 and add, in 

its place, ‘‘Sector Eastern Great Lakes, 

NY’’. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 5. 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. 

§ 165.911 [Amended] 

■ 6. In § 165.911, remove the word 

‘‘Buffalo’’ and add, in its place, the 

words ‘‘Eastern Great Lakes’’. 

§ 165.939 [Amended] 

■ 7. In § 165.939, remove the words 

‘‘Port Buffalo’’ and add, in its place, the 

words ‘‘Port Eastern Great Lakes’’. 

Dated: December 15, 2023. 

Michael T. Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2023–27943 Filed 12–19–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0965] 

RIN 1625–AA00 

Safety Zone; Laguna de Lobina, 

Culebra, Puerto Rico 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Laguna de Lobina 

within a 50-yard radius of Culebra 

Bridge due to structural damage to the 

bridge. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by the damaged bridge. 

Entry of persons and vessels from into 

the safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port San Juan or a designated 

representative. 

DATES: This temporary interim rule is 

effective without actual notice from 

December 20, 2023, through February 

12, 2024. For the purposes of 

enforcement, actual notice will be used 

from December 14, 2023, until 

December 20, 2023. 

Comments and related material must 

reach the Coast Guard on or before 

January 19, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https:// 

www.regulations.gov, type USCG–2023– 

0965 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ See section VI of the 

SUPPLEMENTARY INFORMATION for 

information on public participation and 

request for comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Commander Carlos 

M. Ortega-Perez, Sector San Juan 

Waterways Management Division, U.S. 

Coast Guard; telephone 787–729–2380, 

email Carlos.M.Ortega-Perez@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 

structural damaged is causing the 

potential collapse of the Culebra Bridge. 

Due to this situation the Culebra Bridge 

is temporary closed and immediate 

action is needed to respond to the 

potential safety hazards associated with 

the bridge structural condition. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by December 14, 2023. Therefore, 

we lack sufficient time to provide a 

reasonable comment period and then to 

consider those comments before issuing 

the rule. 

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 


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Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations 87931 

because immediate action is needed to 

respond to the potential safety hazards 

associated with potential collapsing of 

the Culebra Bridge. 

We are soliciting comments on this 

rulemaking. If we determine that 

changes to this rulemaking action are 

necessary, the Coast Guard will consider 

comments received in a subsequent 

temporary final rule. 

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 Juan 

(COTP) has determined that potential 

hazards associated with potential 

collapsing of the Culebra Bridge starting 

December 14, 2023, will be a safety 

concern for anyone within a 50-yard 

radius of bridge. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

bridge is being closed. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from December 14, 2023, while the 

bridge is closed due to structural 

damage. The safety zone will cover all 

navigable waters of the Laguna de 

Lobina within a 50-yard radius of the 

Culebra Bridge. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the bridge 

is closed. 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: (1) The safety of personnel, 

vessels, and the marine environment 

from potential hazards created by 

potential collapsing the bridge; (2) 

although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the COTP or a 

designated representative they may 

operate in the surrounding area during 

the enforcement period. 

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 50- 

yard radius of the Culebra Bridge. 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. We 


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87932 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this rule. 

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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2023–0965 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https:// 

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this rule for alternate 

instructions. 

Viewing material in docket. To view 

documents mentioned in this rule as 

being available in the docket, find the 

docket as described in the previous 

paragraph, and then select ‘‘Supporting 

& Related Material’’ in the Document 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on the https://www.regulations.gov. 

Frequently Asked Questions web page. 

Also, if you click on the Dockets tab and 

then the rule, you should see a 

‘‘Subscribe’’ option for email alerts. The 

option will notify you when comments 

are posted, or a final rule is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the rule. We may 

choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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.T07–0965 to read as 

follows: 

§ 165.T07–0965 Safety Zone; Culebra 

Bridge, Puerto Rico. 

(a) Location. All waters of Laguna de 

Lobina and Ensenada Honda, from 

surface to bottom, encompassed by 50- 

yard radius from Culebra Bridge located 

at 18°18′07′′ N 65°17′59′′ W. 

(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 San Juan (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 telephone at (787) 

289–2041, or a designated 

representative via VHF–FM radio on 

channel 16 to request authorization. If 

authorization is granted, all persons and 

vessels receiving such authorization 

must comply with the instructions of 

the COTP San Juan or a designated 

representative. 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. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners via VHF–FM channel 16, or 

the COTP’s designated representative 

(d) Enforcement period. This section 

will be enforced from December 14, 

2023, until February 12, 2024. 

Jose ́ E. Dı ́az, 

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

Port San Juan. 

[FR Doc. 2023–28001 Filed 12–19–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2023–0252; FRL–11034– 

03–R2] 

Approval of Air Quality Implementation 

Plans; New Jersey; Exemptions To 

Improve Resiliency, Air Toxics 

Thresholds, PM2.5 and Ammonia 

Emission Statement Reporting, and 

PM2.5 in Air Permitting; Correction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting a final rule 

that appeared in the Federal Register on 

November 28, 2023. The document 

issues a final rule approving adoptions, 

repeals, and amendments to the New 

Jersey State Implementation Plan (SIP), 

submitted by the New Jersey 

Department of Environmental Protection 

(NJDEP) on December 17, 2017, and 

August 23, 2018, that concern 

exemptions to improve resiliency 

during emergency situations, updates to 

hazardous air pollutant (HAP) reporting 

thresholds, updates to the certification 

and submission of emission statements, 

the addition of Federal New Source 

Review (NSR) requirements for fine 

particles (PM2.5), and conform 

administrative penalties to the approved 

rules and correct inconsistencies 

throughout the State’s SIP. This 

correction addresses errors in the 

amendatory instructions published on 

November 28, 2023. 

DATES: This rule is effective on 

December 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Ferreira, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, (212) 

637–3127, or by email at 

ferreira.nicholas@epa.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2023–26022, appearing at 88 FR 83036 

in the Federal Register of Tuesday, 


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