89574 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

List of Subjects in 15 CFR Part 231 

Business and industry, Computer 

technology, Exports, Foreign Trade, 

Government contracts, Grant Programs, 

Investments (US investments abroad), 

National defense, Research, Science & 

Technology, and Semiconductor chip 

products. 

For reasons set out in the preamble, 

15 CFR part 231 is amended as follows: 

PART 231—CLAWBACKS OF CHIPS 

FUNDING 

■ 1. The authority citation for 15 CFR 

part 231 continues to read as follows: 

Authority: 15 U.S.C. 4651, et seq. 

■ 2. Revise § 231.108 to read as follows: 

§ 231.108 Material expansion. 

Material expansion means: 

(1) with respect to an existing facility, 

the increase of the semiconductor 

manufacturing capacity of that facility 

by more than five percent of the 

capacity memorialized in the required 

agreement due to the addition of a 

cleanroom, production line or other 

physical space, or a series of such 

additions; or 

(2) any construction of a new facility 

for semiconductor manufacturing. 

Tamiko Ford, 

NIST Executive Secretariat. 

[FR Doc. 2023–28627 Filed 12–27–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 587 

Publication of Russian Harmful 

Foreign Activities Sanctions 

Regulations Web General License 78 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Publication of a web general 

license. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing one 

general license (GL) issued pursuant to 

the Russian Harmful Foreign Activities 

Sanctions Regulations: GL 78, which 

was previously made available on 

OFAC’s website. 

DATES: GL 78 was issued on December 

1, 2023. See SUPPLEMENTARY

INFORMATION for additional relevant 

dates. 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Assistant Director for Licensing, 

202–622–2480; Assistant Director for 

Regulatory Affairs, 202–622–4855; or 

Assistant Director for Compliance, 202– 

622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

This document and additional 

information concerning OFAC are 

available on OFAC’s website: https://

ofac.treasury.gov. 

Background 

On December 1, 2023, OFAC issued 

GL 78 to authorize certain transactions 

otherwise prohibited by the Russian 

Harmful Foreign Activities Sanctions 

Regulations, 31 CFR part 587. GL 78 was 

made available on OFAC’s website 

(https://ofac.treasury.gov) when it was 

issued. The text of this GL is provided 

below. 

OFFICE OF FOREIGN ASSETS CONTROL 

Russian Harmful Foreign Activities 

Sanctions Regulations 

31 CFR Part 587 

General License No. 78 

Authorizing Limited Safety and 

Environmental Transactions Involving 

Certain Persons or Vessels Blocked on 

December 1, 2023 

(a) Except as provided in paragraph (c) of 

this general license, all transactions 

prohibited by Executive Order (E.O.) 14024 

that are ordinarily incident and necessary to 

one of the following activities involving the 

blocked persons or vessels described in 

paragraph (b) are authorized through 12:01 

a.m. eastern standard time, February 29, 

2024, provided that any payment to a 

blocked person must be made into a blocked 

account in accordance with the Russian 

Harmful Foreign Activities Sanctions 

Regulations (RuHSR): 

(1) The safe docking and anchoring of any 

of the blocked vessels listed in paragraph (b) 

of this general license (‘‘blocked vessels’’) in 

port; 

(2) The preservation of the health or safety 

of the crew of any of the blocked vessels; or 

(3) Emergency repairs of any of the blocked 

vessels or environmental mitigation or 

protection activities relating to any of the 

blocked vessels. 

(b) The authorization in paragraph (a) of 

this general license applies to the following 

blocked persons and vessels listed on the 

Office of Foreign Assets Control’s Specially 

Designated Nationals and Blocked Persons 

List and any entity in which any of the 

following persons own, directly or indirectly, 

individually or in the aggregate, a 50 percent 

or greater interest: 

(1) Sterling Shipping Incorporated 

(registered owner of NS Champion; IMO 

9299719); 

(2) Streymoy Shipping Limited (registered 

owner of Viktor Bakaev, IMO 9610810); and 

(3) HS Atlantica Limited (registered owner 

of HS Atlantica, IMO 9322839). 

(c) This general license does not authorize: 

(1) The entry into any new commercial 

contracts involving the property or interests 

in property of any blocked persons, including 

the blocked entities and vessels described in 

paragraph (b) of this general license, except 

as authorized by paragraph (a); 

(2) The offloading of any cargo onboard 

any of the blocked vessels, including the 

offloading of crude oil or petroleum products 

of Russian Federation origin, except for the 

offloading of cargo that is ordinarily incident 

and necessary to address vessel emergencies 

authorized pursuant to paragraph (a) of this 

general license; 

(3) Any transactions related to the sale of 

crude oil or petroleum products of Russian 

Federation origin; 

(4) Any transactions prohibited by 

Directive 2 under E.O. 14024, Prohibitions 

Related to Correspondent or PayableThrough Accounts and Processing of 

Transactions Involving Certain Foreign 

Financial Institutions; 

(5) Any transactions prohibited by 

Directive 4 under E.O. 14024, Prohibitions 

Related to Transactions Involving the Central 

Bank of the Russian Federation, the National 

Wealth Fund of the Russian Federation, and 

the Ministry of Finance of the Russian 

Federation; or 

(6) Any transactions otherwise prohibited 

by the RuHSR, including transactions 

involving the property or interests in 

property of any person blocked pursuant to 

the RuHSR, other than transactions involving 

the blocked persons or vessels in paragraph 

(b) of this general license, unless separately 

authorized. 

Gregory T. Gatjanis, 

Associate Director, Office of Foreign Assets 

Control. 

Dated: December 1, 2023. 

Bradley T. Smith, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2023–28670 Filed 12–27–23; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0183 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

River Rouge, Detroit, MI 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is altering 

the operations of all movable bridges 

over the River Rouge, Detroit, MI to 

improve communications and establish 

winter hours. 

DATES: This rule is effective January 29, 

2024. 


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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89575 

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–2023–0183) 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 

final rule, call or email Mr. Lee D. 

Soule, Bridge Management Specialist, 

Ninth Coast Guard District; telephone 

216–902–6085, email Lee.D.Soule@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

IGLD85 International Great Lakes Datum of 

1985 

LWD Low Water Datum based on IGLD85 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 5, 2023, the Coast Guard 

published an NPRM, with a request for 

comments, entitled ‘‘Drawbridge 

Operations Regulation: River Rouge, 

Detroit, MI ‘‘in the Federal Register (88 

FR 29005), to seek comments on 

whether the Coast Guard should 

consider modifying current operating 

schedules of certain drawbridges over 

the River Rouge to improve 

communications and establish winter 

hours. The National Steel Cooperation 

Railroad Bridge, mile 0.40, is a single 

leaf bascule bridge that provides 

horizontal clearance of 125-feet and a 

vertical clearance of 6-feet in the closed 

and an unlimited clearance above LWD. 

The West Jefferson Avenue Bridge, 

mile 1.10, is a double leaf bascule 

Bridge that provides horizontal 

clearance of 125-feet and a vertical 

clearance of 9-feet in the closed and an 

unlimited clearance in the open 

position above LWD. 

The Conrail Bridge, mile 1.48, is a 

single leaf bascule bridge that provides 

horizontal clearance of 123-feet and a 

vertical clearance of 8-feet in the closed 

and an unlimited clearance in the open 

position above LWD and it is remotely 

operated. 

The Norfolk Southern Railroad 

Bridge, mile 1.87, is a single leaf bascule 

Bridge that provides horizontal 

clearance of 125-feet and a vertical 

clearance of 8-feet in the closed and an 

unlimited clearance in the open 

position above LWD. 

The Fort Street Bridge, mile 2.20, is a 

single leaf bascule Bridge that provides 

horizontal clearance of 118-feet and a 

vertical clearance of 9-feet in the closed 

and an unlimited clearance in the open 

position above LWD. 

The main channel of the river was the 

result of Mr. Henry Ford needing to 

straighten the entrance of the River 

Rouge to accommodate deliveries of raw 

materials to his automotive plant. This 

main channel, formally known as the 

short cut channel, formed Zug Island at 

the mouth of the river. The original 

channel that curves around the north 

and west sides of Zug Island is known 

as the old channel and is crossed by two 

movable bridges. 

The Delray Connecting Railroad 

Bridge, mile 0.34, is a single leaf bascule 

Bridge that provides horizontal 

clearance of 120-feet and a vertical 

clearance of 7-feet in the closed and an 

unlimited clearance in the open 

position above LWD. 

The Delray Connecting Railroad 

Bridge, mile 0.80, is a swing Bridge that 

provides horizontal clearance of 102- 

feet and a vertical clearance of 7-feet in 

the closed and an unlimited clearance 

in the open position above LWD. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

Commercial mariners have expressed 

concern that the waterway is crooked 

and narrow and that to safely navigate 

the river, they needed to know the 

status of each bridge in the river prior 

to entering the waterway. As such, 

commercial mariners requested that all 

bridges maintain and operate a marine 

radio. Review by the Coast Guard of 

specific complaints of repeated 

difficulty contacting the Conrail Bridge 

and the Norfolk Southern Railroad 

Bridge by radio caused the Coast Guard 

to determine that these bridges must 

maintain and make public a phone 

number for mariners to communicate 

with the drawtenders. 

The institution of winter hours for 

drawbridges over the River Rouge will 

modernize bridge operations by 

authorizing the bridges to operate with 

a 12-hour advance notice during winter 

months, as is the practice for 

drawbridges on similar waterways 

throughout the Great Lakes. 

IV. Discussion of Comments 

The Coast Guard provided a comment 

period of 60 days, and no comments 

were received. 

IV. Discussion of Final Rule 

Commercial mariners have 

complained the waterway is crooked 

and narrow and they needed to know 

the status of each bridge in the river 

prior to entering the waterway. 

Requiring all bridges to maintain and 

operate a marine radio will facilitate 

this need. Furthermore, the complaints 

of difficulty contacting the Conrail 

Bridge, mile 1.48 and the Norfolk 

Southern Railroad Bridges by radio the 

Coast Guard has determined that these 

bridges make public a phone number for 

mariners to communicate with the 

drawtenders. 

Awarding winter hours to the River 

Rouge has been over looked and will be 

established in the regulation authorizing 

the bridges to operate with a 12-hour 

advance notice from January 1 through 

March 31 when the river is normally 

frozen and impassable by most vessels. 

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. 

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, it has not been reviewed 

by the Office of Management and 

Budget (OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge given advanced 

notice. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 did not receive any 

comments from the Small Business 

Administration on this rule. 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. 


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89576 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

While some owners or operators of 

vessels intending to transit the bridge 

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 contact 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 calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

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. 

We did not receive any comments 

during the NPRM. 

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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1, Revision 

No. 01.3. 

■ 2. Amend § 117.645 River Rouge by 

revising paragraph (d) and adding 

paragraphs (e) through (h) to read as 

follows: 

* * * * * 

(d) The draw of the West Jefferson 

Avenue Bridge, mile 1.10, is required to 

operate a radiotelephone, and shall 

open on signal except from January 1 

through March 31 when the bridge shall 

open on signal if provided a 12-hour 

advance notice. 

(e) The draw of the Conrail Bridge, 

mile 1.48, is remotely operated, is 

required to operate a radiotelephone 

and telephone, and shall open on signal 

except from January 1 through March 31 

when the bridge shall open on signal if 

provided a 12-hour advance notice. 

(f) The draw of the Norfolk Southern 

Railroad Bridge, mile 1.87, is required to 

operate a radiotelephone and telephone, 

and shall open on signal except from 

January 1 through March 31 when the 

bridge shall open on signal if provided 

a 12-hour advance notice. 

(g) The draw of the Fort Street Bridge, 

mile 2.20, is required to operate a 

radiotelephone, and shall open on 

signal except from January 1 through 

March 31 when the bridge shall open on 

signal if provided a 12-hour advance 

notice. 

(h) The draw of the Dix Avenue 

Bridge, mile 2.73, is remotely operated, 

is required to operate a radiotelephone, 

and shall open on signal except from 

January 1 through March 31 when the 

bridge shall open on signal if provided 

a 12-hour advance notice. 

Jonathan Hickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2023–28645 Filed 12–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0986] 

RIN 1625–AA00 

Safety Zone; Erie Canal, North 

Tonawanda, NY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 105-foot 

radius of a pedestrian bridge and the 

surrounding Erie Canal in North 

Tonawanda, NY. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by a fireworks 

display. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Eastern Great Lakes. 


khammond on DSKJM1Z7X2PROD with RULES