Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Rules and Regulations 5095 

resulting from the collection of 

information by or for the federal 

government. The Act requires agencies 

to obtain approval from the Office of 

Management and Budget before using 

identical questions to collect 

information from ten or more persons. 

This rule does not impose reporting or 

recordkeeping requirements on the 

public. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that has federalism implications, 

imposes substantial direct requirement 

costs on State and local governments, 

and is not required by statute, or has 

federalism implications and preempts 

State law. This rule will not have a 

substantial effect on State and local 

governments. 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments’’ 

Executive Order 13175 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

compliance costs on one or more Indian 

tribes, preempts tribal law, or affects the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. This rule 

will not have a substantial effect on 

Indian tribal governments. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310 is 

amended as follows: 

PART 310—PROTECTION OF PRIVACY 

AND ACCESS TO AND AMENDMENT 

OF INDIVIDUAL RECORDS UNDER 

THE PRIVACY ACT OF 1974 

■ 1. The authority citation for 32 CFR 

part 310 continues to read as follows: 

Authority: 5 U.S.C. 552a. 

§ 310.20 [Amended] 

■ 2. Section 310.20 is amended by 

removing and reserving paragraphs 

(b)(7) and (b)(9) in their entirety. 

§ 310.22 [Amended] 

■ 3. Section 310.22 is amended by 

removing and reserving paragraph (b)(5) 

in its entirety. 

§ 310.28 [Amended] 

■ 4. Section 310.28 is amended by 

removing and reserving paragraph (c)(8) 

in its entirety. 

Dated: January 22, 2024. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2024–01552 Filed 1–25–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0081] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Virginia 

Beach, Virginia 

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 1,000-yard 

radius of the M/V HOS WARLAND, 

HOS INNOVATOR, and, or HOS 

MYSTIQUE. Operations are planned to 

relocate unexploded ordinance (UXO) 

in the Atlantic Ocean, within 12 miles 

of the shores of the State Military 

Reservation, in Virginia Beach, Virginia. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by these operations. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Virgina or a designated 

representative. 

DATES: This rule is effective and subject 

to enforcement without actual notice 

from January 26, 2024 through July 1, 

2024. For the purposes of enforcement, 

actual notice will be used from February 

1, 2024, until January 26, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0081in the search box and click 

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

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Ashley Holm, Chief, 

Waterways Management Division U.S. 

Coast Guard; 757–617–7986, 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

pUXO Potential Unexploded Ordinance 

ROV Remotely Operated Vehicle 

§ Section 

TFR Temporary Final Rule 

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 in 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 Coast 

Guard Sector Virginia was first notified 

on January 9th, 2024, that operations 

using a Remotely Operated Vehicle 

(ROV) to shift UXOs would begin in 

early February, 2024. There is 

insufficient time to publish an NPRM, 

consider any comments submitted in 

response thereto, and publish the final 

safety zone by February 1, 2024, when 

the public will need to have notice of it. 

In addition, 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 is needed to 

respond to the potential safety hazards 

associated with the operations utilizing 

ROVs to relocate UXO. 

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 Virginia 

(COTP) has determined that potential 

hazards associated with the UXO 

operations starting on or about February 

1, 2024, and continuing into July 2024, 

will be a safety concern for any persons 

or property within the operating area 

discussed below. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone from 

potential hazards that arise from 

disturbing UXOs and the use of tethered 

ROVs for relocation. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

February 1, 2024, through July 1, 2024. 

The safety zone encompasses all waters 

within a 1,000-yard radius from the M/ 

V HOS WARLAND, HOS INNOVATOR, 

and, or HOS MYSTIQUE when 


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5096 Federal Register / Vol. 89, No. 18 / Friday, January 26, 2024 / Rules and Regulations 

operating within the territorial seas 

offshore from Virginia State Military 

Reservation. The safety zone will only 

be enforced during active UXO 

relocation operations inside those 

boundaries. To communicate active 

disposition activities, project vessels 

will broadcast ‘‘Securitae’’ calls prior to 

and periodically during the operations. 

A tethered ROV will be used in 

conjunction with two small craft and 

Dynamic Positioning Vessels (DPV) 

operating within the safety zone. The 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters during 

disposition activities. No vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or 

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 the size, location, duration, 

and operations requirements of the 

survey requiring the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone during the 

operations. Moreover, the Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 when the zone is being enforced. 

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 prohibits entry within a 

prescribed zone only during the active 

survey operations which will take place 

between February and July 2024. 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, 

Security measures, and waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 


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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