Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Rules and Regulations 5097 

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.T05–0081 to read as 

follows: 

§ 165.T05–0081 Safety Zone; Atlantic 

Ocean, Virginia Beach, VA. 

(a) Location. The following area is a 

safety zone: All waters of the Atlantic 

Ocean, from surface to bottom, 

encompassed by a radius of 1,000 yards 

from the actual position of the M/V HOS 

WARLAND, HOS INNOVATOR, and, or 

HOS MYSTIQUE while relocation 

operations are being conducted within 

the boundaries of a perimeter defined by 

the following points: 36°49′4.8′′ N 

75°57′43.2′′ W; 36°49′13.9′′ N 

75°42′39.8′′ W; 36°47′11.7′′ N, 

75°41′50.8′′ W and 36°48′28.8′′ N 

75°57′43.2′′ W. 

(b) Definitions. As used in this 

section, designated representative 

means 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 Virginia 

(COTP) in the enforcement of the safety 

zones. The term also includes the M/V 

HOS WARLAND, HOS INNOVATOR 

and HOS MYSTIQUE for the sole 

purpose of designating and establishing 

safe transit corridors, to permit passage 

into or through these safety zones, or to 

notify vessels and individuals that they 

have entered a safety zone and are 

required to depart immediately. 

(c) Regulations. 

(1) Under the general safety zone 

regulations in subpart C of this part, 

vessels 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, 

vessels should contact the M/V HOS 

WARLAND, HOS INNOVATOR, and, or 

HOS MYSTIQUE by VHF–FM Channel 

16. Those in the safety zone must 

comply with all directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Enforcement period. This zone 

will be in effect from February 1, 2024, 

through July 1, 2024 and enforced 

during such times as are announced via 

Broadcast Notice to Mariners between. 

Dated: January 22, 2024. 

J.A. Stockwell, 

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

Port Sector Virginia. 

[FR Doc. 2024–01548 Filed 1–25–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 5 

[Docket ID ED–2008–OM–0011] 

RIN 1880–AA84 

Availability of Information to the 

Public; Correction 

AGENCY: Office of the Secretary, 

Department of Education. 

ACTION: Final rule; correction. 

SUMMARY: On June 14, 2010, the 

Department of Education (Department) 

published in the Federal Register a final 

rule amending the Department’s 

Freedom of Information Act (FOIA) 

regulations. The 2010 final rule 

implemented amendments made to the 

FOIA statute and clarified how the 

Department processes FOIA requests for 

agency records. We are correcting the 

administrative exhaustion provisions 

related to the Appeals of Adverse 

Determinations section in the FOIA 

regulations. All other provisions in the 

FOIA regulations remain the same. 

DATES: This correction is effective 

January 26, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Deborah O. Moore, Department of 

Education, 400 Maryland Avenue SW, 

Washington, DC 20202. Telephone: 

(202) 381–1414. Email: Deborah.Moore@

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: On June 

14, 2010, the Department published a 

final rule amending the Department’s 

FOIA regulations in 34 CFR part 5. 

Section 5.40(b) (Appeals of Adverse 

Determinations) erroneously states that 

a requester’s, as opposed to the 

Department’s, failure to comply with the 

applicable time limits constitutes 

exhaustion of the requester’s 

administrative remedies for the 

purposes of initiating judicial action to 

compel disclosure. This current 

language is contrary to the Federal 

statute at 5 U.S.C. 552(a)(6)(C)(i) and 

case law. See Citizens for Responsibility 

and Ethics in Washington v. Federal 

Election Com’n, 711 F.3d 180, 184 (D.C. 

Cir. 2013). Additionally, similar 

language (without the error) is 

contained in current § 5.40(c)(1) of the 

FOIA regulations. Therefore, we are 

correcting the provision to strike the 

erroneous language from § 5.40(b). 

Specifically, we are removing the last 

sentence of § 5.40(b), which reads: ‘‘The 

requester’s failure to comply with time 

limits set forth in this section 

constitutes exhaustion of the requester’s 

administrative remedies for the 

purposes of initiating judicial action to 

compel disclosure.’’ 

All other information in the 2010 final 

rule remains the same, except for the 

provisions that were amended on 

December 12, 2019 (84 FR 67865). 

Waiver of Rulemaking 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department generally offers interested 

parties the opportunity to comment on 

proposed regulations. However, the 

APA provides that an agency is not 

required to conduct notice-andcomment rulemaking when the agency, 

for good cause, finds that notice and 

public comment are impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 553(b)(B)). 

Rulemaking is ‘‘unnecessary’’ in those 

situations in which ‘‘the administrative 

rule is a routine determination, 

insignificant in nature and impact, and 

inconsequential to the industry and to 

the public.’’ Utility Solid Waste 

Activities Group v. EPA, 236 F.3d 749, 

755 (D.C. Cir. 2001), quoting U.S. 

Department of Justice, Attorney 

General’s Manual on the Administrative 

Procedure Act 31 (1947) and South 

Carolina v. Block, 558 F. Supp. 1004, 

1016 (D.S.C. 1983). 

There is good cause to waive 

rulemaking here, because rulemaking is 

unnecessary. The actions in this 

document merely correct an inadvertent 

inconsistency with the FOIA statute and 

a similar provision in 34 CFR 5.40(c)(1) 

and are not an exercise of the 

Department’s discretion. Thus, the 

Secretary has determined that 

publication of a proposed rule is 

unnecessary under 5 U.S.C. 553(b)(B). 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 


ddrumheller on DSK120RN23PROD with RULES1
5098 Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Rules and Regulations 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

List of Subjects in 34 CFR Part 5 

Administrative practice and 

procedure, Investigations. 

Accordingly, part 5 of title 34 of the 

Code of Federal Regulations is corrected 

by making the following correcting 

amendments: 

PART 5—AVAILABILITY OF 

INFORMATION TO THE PUBLIC 

■ 1. The authority citation for part 5 

continues to read as follows: 

Authority: 5 U.S.C. 552, 20 U.S.C. 1221e– 

3, and 20 U.S.C. 3474. 

■ 2. Section 5.40 is amended by revising 

paragraph (b) to read as follows: 

§ 5.40 Appeals of Adverse Determinations. 

* * * * * 

(b) A requester must submit an appeal 

within 90 calendar days of the date on 

the adverse determination letter issued 

by the Department or, where the 

requester has received no 

determination, at any time after the due 

date for such determination. An appeal 

must be in writing and must include a 

detailed statement of all legal and 

factual bases for the appeal. 

* * * * * 

Alexis Barrett, 

Chief of Staff, Office of the Secretary, 

Department of Education. 

[FR Doc. 2024–01517 Filed 1–25–24; 8:45 am] 

BILLING CODE 4000–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0 and 64 

[CG Docket Nos. 21–402, 02–278, 17–59; 

FCC 23–107; FR ID 194243] 

Targeting and Eliminating Unlawful 

Text Messages, Implementation of the 

Telephone Consumer Protection Act of 

1991, Advanced Methods To Target 

and Eliminate Unlawful Robocalls 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) requires terminating 

mobile wireless providers to block text 

messages from a particular number 

following notification from the 

Commission. The Commission also 

codifies that the National Do-Not-Call 

(DNC) Registry’s protections extend to 

text messages. In addition, the 

Commission encourages mobile wireless 

providers to make email-to-text, a major 

source of illegal texts, a service that 

consumers proactively opt into. The 

Commission closes the lead generator 

loophole by requiring comparison 

shopping websites to get consumer 

consent one seller at a time, if prior 

express written consent is required 

under the Telephone Consumer 

Protection Act (TCPA), and thus 

prohibits abuse of consumer consent by 

such websites. Finally, the Commission 

adopts a limited waiver to allow 

providers to use the Reassigned 

Numbers Database (RND) to determine 

whether a number that the Commission 

has ordered to be blocked has been 

permanently disconnected. Such waiver 

will help prevent blocking of lawful 

texts from a new subscriber to the 

number. 

DATES: This rule is effective March 26, 

2024, except for the amendment to 47 

CFR 64.1200(s), in instruction 5, which 

is effective July 24, 2024, and the 

amendment to 47 CFR 64.1200(f)(9), in 

instruction 6, which is effective January 

27, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Jerusha Burnett of the Consumer Policy 

Division, Consumer and Governmental 

Affairs Bureau, at jerusha.burnett@

fcc.gov, 202 418–0526, or Mika Savir of 

the Consumer Policy Division, 

Consumer and Governmental Affairs 

Bureau, at mika.savir@fcc.gov or (202) 

418–0384. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order and Waiver Order, in 

CG Docket Nos. 21–402, 02–278, and 

17–59, FCC 23–107, adopted on 

December 13, 2023, and released on 

December 18, 2023. The full text of this 

document is available online at https:// 

docs.fcc.gov/public/attachments/FCC23-107A1.pdf. To request this document 

in accessible formats for people with 

disabilities (e.g., Braille, large print, 

electronic files, audio format) or to 

request reasonable accommodations 

(e.g., accessible format documents, sign 

language interpreters, CART), send an 

email to fcc504@fcc.gov or call the 

FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530. 

Congressional Review Act 

The Commission sent a copy of 

document FCC 23–107 to Congress and 

the Government Accountability Office 

pursuant to the Congressional Review 

Act, 5 U.S.C. 801(a)(1)(A). 

Final Paperwork Reduction Act of 1995 

Analysis 

This document may contain new or 

modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. This document will be 

submitted to the Office of Management 

and Budget (OMB) for review under 

section 3507(d) of the PRA. OMB, the 

general public, and other Federal 

agencies will be invited to comment on 

the new or modified information 

collection requirements contained in 

this proceeding. 

Synopsis 

1. Mandatory Blocking Following 

Commission Notification. In the Second 

Report and Order, the Commission 

adopts, with some modification, 

proposals in the Further Notice of 

Proposed Rulemaking (FNPRM), 

published at 88 FR 21497 on April 11, 

2023. First, the Commission specifically 

requires terminating mobile wireless 

providers to block all text messages 

from a particular number following 

notification from the Commission of 

illegal texts from that number or 

numbers. Upon receipt of such notice, a 

terminating wireless provider must 

block all texts from the number and 

respond to the Commission’s 

Enforcement Bureau indicating that the 

provider has received the notice and is 

initiating blocking. 

2. Under this rule, the Commission’s 

Enforcement Bureau may notify 

terminating providers of illegal texts 

from a number or numbers and such 

Notification of Illegal Texts shall: (1) 

identify the number(s) used to originate 

the illegal texts and the date(s) the texts 

were sent or received; (2) provide the 


ddrumheller on DSK120RN23PROD with RULES1