90096 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 

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 lasting 1.5 hours that will prohibit 

entry within 600 feet of a launch site on 

the Pacific Ocean. It is categorically 

excluded from further review under 

paragraph L60(a) 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. 

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.T13–0907 to read as 

follows: 

§ 165.T13–0907 Safety Zone; Fireworks 

Display, Pacific Ocean, Westport, WA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Pacific Ocean, surface to bottom, 600 

feet from the fireworks display site at 

approximately 46°54′17′′ N; 124°05′59′′ 

W. These coordinates are based on the 

launch site located on the Pacific Ocean 

near Firecracker Point, Westport, WA. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to a 

unit under the operational control of the 

U.S. Coast Guard Sector Columbia River 

and designated by or assisting the 

Captain of the Port Columbia River 

(COTP) in the enforcement of the 

regulations in this section. 

(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 calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. 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 section 

will be enforced from 11:30 p.m. on 

December 31, 2023, through 1 a.m. on 

January 1, 2024. 

Dated: December 22, 2023. 

J.W. Noggle, 

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

Port Columbia River. 

[FR Doc. 2023–28757 Filed 12–28–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0961] 

RIN 1625–AA00 

Safety Zone; Laguna Madre, South 

Padre Island, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters in the Laguna 

Madre. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a firework display 

launched from a stationary barge in the 

Laguna Madre, South Padre Island, 

Texas. Entry of vessels or persons into 

this zone or remaining in the zone when 

it is in effect is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector Corpus Christi or a 

designated representative. 

DATES: This rule is effective from 9 p.m. 

on December 31, 2023, through 1 a.m. 

on January 1st, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0961 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Commander 

Anthony Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email CCWaterways@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 


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Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 90097 

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 it is 

impracticable. We must establish this 

safety zone to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the 

fireworks display, and we lack sufficient 

time to provide a reasonable comment 

period and consider any comments 

submitted before issuing the rule. 

Under 5 U.S.C. 553(d)(3), and for the 

same reason provided above, the Coast 

Guard finds that good cause also exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. 

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 Corpus 

Christi (COTP) has determined that 

potential hazards associated with the 

fireworks displays occurring from 9 

p.m. on December 31, 2023, through 1 

a.m. on January 1st, 2024, will be a 

safety concern for anyone in the waters 

of the Laguna Madre area within a 700 

yard radius of the following point; 

26°6′02.1′′ N, 97°10′17.7′′ W. The 

purpose of this rule is to ensure safety 

of vessels and persons on these 

navigable waters in the safety zone 

while the display of the fireworks takes 

place in the Laguna Madre. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone beginning on the night of 

December 31, 2023, and continuing into 

the early morning of January 1st, 2024. 

The safety zone will encompass certain 

navigable waters of the Laguna Madre, 

and is defined by a 700 yard radius 

around the launching platform, which 

will be located at the following point: 

26°6′02.1′′ N, 97°10′17.7′′ W. No vessel 

or person is permitted to enter the 

temporary safety zone during the period 

when it is in effect without obtaining 

permission from the COTP or a 

designated representative, who may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz), or by telephone at 361– 

939–0450. The Coast Guard will issue 

Broadcast Notices to Mariners, Local 

Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

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 

duration of the safety zone. The 

temporary safety zone will be in effect 

for the short period of 4 hours, 

beginning the night of December 31, 

2023, into the early morning of January 

1st, 2024. The zone is limited to the area 

with a 700 yard radius of the launching 

position in the navigable waters of the 

Laguna Madre. Prohibiting vessel traffic 

within that zone does not completely 

restrict the traffic within the waterway, 

and the rule allows mariners to request 

permission to enter the zone. 

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 

temporary 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 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 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 


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90098 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 

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, 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 is categorically 

excluded from further review under 

paragraph L60(a) 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. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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.T08–0961 to read as 

follows: 

§ 165.T08–0961 Safety Zone; Laguna 

Madre, South Padre Island, TX. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Laguna Madre encompassed by a 700- 

yard radius from the following point; 

26°6′02.1′′ N, 97°10′17.7′′ W. 

(b) Enforcement period. This section 

is in effect, and subject to enforcement, 

from 9 p.m. on December 31, 2023, 

through 1 a.m. on January 1st, 2024. 

(c) Regulations. (1) According to the 

general regulations in § 165.23 of this 

part, remaining in, or entry into this 

temporary safety zone are prohibited 

unless authorized by the Captain of the 

Port, Sector Corpus Christi (COTP) or a 

designated representative. They may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz) or by telephone at 361– 

939–0450. 

(2) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

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, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts as 

appropriate. 

Dated: December 22, 2023. 

Jason Gunning, 

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

Port, Sector Corpus Christi. 

[FR Doc. 2023–28756 Filed 12–28–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 51 

[NPS–WASO- 36913; PPWOBSADC0; 

PPMVSCS1Y.Y00000] 

RIN 1024–AE57 

Commercial Visitor Services; 

Concession Contracts 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

revises regulations that govern the 

solicitation, award, and administration 

of concession contracts to provide 

commercial visitor services at National 

Park System units under the authority 

granted through the Concessions 

Management Improvement Act of 1998 

and the National Park Service 

Centennial Act. The changes reduce 

administrative burdens and expand 

sustainable, high quality, and 

contemporary concessioner-provided 

visitor services in national parks. 

DATES: This rule is effective January 29, 

2024. 

ADDRESSES: The comments received on 

the proposed rule and an economic 

analysis are available on https://

www.regulations.gov in Docket ID: NPS– 

2020–0003. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Rausch, Chief of Commercial Services 

Program, National Park Service; (202) 

513–7202; kurt_rausch@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authority and Purpose 

The National Park Service (NPS) 

enters into contracts with concessioners 

to provide commercial visitor services 

in over 100 units of the National Park 

System. Examples of such services 

include lodging, food, retail, marinas, 

transportation, and guided recreation. 

Each year, concession contracts generate 

approximately $1.5 billion in gross 

revenues and return approximately $135 

million in franchise fees to the NPS. The 

National Park Service Concession 

Policies Act of 1965 (1965 Act) (Pub. L. 

89–249) provided the first statutory 

authority for the NPS to issue 

concession contracts. Since the repeal of 

the 1965 Act, concession contracts have 

been awarded under the Concessions 

Management Improvement Act of 1998 

(1998 Act), 54 U.S.C. 101901–101926. A 

revision to the 1998 Act was also 

included in section 502 of the 2016 

National Park Service Centennial Act 

(Centennial Act) (Pub. L. 114–289). NPS 

regulations in 36 CFR part 51 govern the 

solicitation and award of concession 

contracts issued under the 1998 Act and 

the administration of concession 

contracts issued under the 1965 and 

1998 Acts. The NPS promulgated these 

regulations in April 2000 (65 FR 20630) 

and since that time has made only 

minor changes to them (see, e.g., 79 FR 

58261). 

In August of 2018, as part of the 

Department of the Interior’s 

implementation of Executive Order 

13777, Enforcing the Regulatory Reform 

Agenda, and in response to a request for 

public input on how the Department of 

the Interior can improve 

implementation of regulatory reform 

initiatives by identifying regulations for 

modification (82 FR 28429), the NPS’s 

external concessions partners provided 

the Secretary of the Interior (Secretary) 

with suggestions for improving existing 

concession regulations. The Department 

of the Interior considered the 

suggestions provided by the concessions 

partners, and those suggestions are 

reflected in this rule. In addition, 

Secretary’s Order 3366, Increasing 

Recreational Opportunities on Lands 

and Waters Managed by the U.S. 


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