Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4825 

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 encompassing an area extending 

500 feet out from a cargo vessel in 

vicinity of Long Beach Container 

Terminal and Everport and will last 

only during transit. 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.T11–0987 to read as 

follows: 

§ 165.T11–0153 Safety Zone; Port of Los 

Angeles and Long Beach, San Pedro Bay, 

CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Port of Los Angeles and Port of Long 

Beach, from surface to bottom, within a 

circle formed by connecting all points 

500 feet out from the vessel, M/V ZHEN 

HUA 36, during the vessel’s transit 

within the Port of Los Angeles and Port 

of Long Beach and the waters inside the 

Federal breakwaters bounding San 

Pedro Bay or on the waters within three 

nautical miles seaward of the Federal 

breakwaters, respectively. 

(b) Definitions. As used in this 

section, Designated representative 

means a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel designated by or assisting 

the Captain of the Port Los Angeles– 

Long Beach (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 hailing Coast Guard 

Sector Los Angeles–Long Beach on 

VHF–FM Channel 16 or calling at (310) 

521–3801. 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 

temporary safety zone will be enforced 

from January 23, 2024, through February 

2, 2024, during the M/V ZHEN HUA 

36’s inbound transit and transit between 

Long Beach Container Terminal, Pier 22, 

to Everport, Pier LA 227, or as 

announced via Broadcast Notice to 

Mariners. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement date and times for this 

safety zone via Local Notices to 

Mariners. 

S.L. Crecy, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, Los Angeles–Long Beach. 

[FR Doc. 2024–01499 Filed 1–24–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0010] 

RIN 1625–AA00 

Safety Zone; Ohio River Mile Markers 

2.5–3, Brunot Island, PA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

the Ohio River several days in January 

and February 2024 at mile marker 2.5 to 

mile marker 3 from 8 a.m. through 6 

p.m. each day. This action is necessary 


khammond on DSKJM1Z7X2PROD with RULES
4826 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 

to provide for the safety of life on the 

navigable waters during a helicopter 

operation to install aerial transverse 

wirelines. This rule prohibits persons 

and vessels from being in the safety 

zone unless authorized by the Captain 

of the Port Pittsburgh (COTP) or a 

designated representative. 

DATES: This rule is effective without 

actual notice from January 25, 2024 

through February 4, 2024. For the 

purposes of enforcement, actual notice 

will be used from January 22, 2024, 

until January 25, 2024. The regulations 

in this rule will be enforced daily from 

8 a.m. through 6 p.m. on the following 

dates: January 22, 2024, through January 

26, 2024, and January 29, 2024, through 

February 4, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0010 in the search box and click 

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

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LTJG Eyobe Mills, Marine Safety 

Unit Pittsburgh, U.S. Coast Guard; 

telephone 412–221–0807, email 

Eyobe.D.Mills@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)(B)). This statutory 

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 it is impracticable and 

contrary to the public interest. This 

safety zone must be established by 

January 22, 2024, to provide for the 

safety of life on the navigable waters 

during a helicopter operation, and we 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

this rule. The NPRM process would 

delay the establishment of the safety 

zone until after the date of the 

helicopter operation. Vessels inside of 

the safety zone have the potential of 

getting hit by derby from the helicopter. 

Additionally, 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 and contrary to 

the public interest because action is 

needed by January 22, 2024, to ensure 

the safety of the of life on the navigable 

waters during a helicopter operation. 

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 Pittsburgh (COTP) 

has determined that potential hazards 

associated with a helicopter operation 

on January 22, 2024, through January 

26, 2024, and January 29, 2024, through 

February 4, 2024, will be a safety 

concern for anyone on the Ohio River 

from 8 a.m. to 6 p.m. at mile markers 2.5 

to mile marker 3. The purpose of this 

rule is to ensure safety of the 

participant, vessels, and the navigable 

waters in the safety zone before, during, 

and after the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone that will be enforced each 

day from 8 a.m. until 6 p.m. on January 

22 through January 26 and January 29 

through February 4, 2024. The safety 

zone will cover all navigable waters on 

the back channel of the Brunot Island on 

the Ohio River from mile markers 2.5 to 

mile marker 3. The duration of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

the navigable waters during an 

installation of aerial transverse 

wirelines using a helicopter. 

No vessel or person is permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative of the COTP. 

A designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

the COTP. To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through Marine Safety Unit 

Pittsburgh at 412–221–0807. Persons 

and vessels permitted to enter the safety 

zone must comply with all lawful orders 

or directions issued by the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the effective period for the 

safety zone as well as any changes in the 

dates and times of enforcement through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Marine Safety Information 

Bulletins (MSIBs), 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. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on size, location, and duration 

of the temporary safety zone. This safety 

zone only impacts a 0.5-mile stretch on 

the Ohio River for 10 hours each day 

from January 22 through January 26 and 

January 29 through February 4, 2024. 

Moreover, the Coast Guard will issue 

Local Notice to Mariners and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone and the rule 

allows vessels to seek permission from 

the COTP to transit 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 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. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Rules and Regulations 4827 

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 

temporary safety zone lasting 10 hours 

each day from January 22 through 

January 26 and January 29 through 

February 4, 2024, on the Ohio River. 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 

Marine Safety, Navigation (water), 

Reporting, recordkeeping requirements, 

and 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.T08–0010 to read as 

follows: 

§ 165.T08–0010 Safety Zone Ohio River, 

Brunot Island, PA. 

(a) Location. The following area is a 

temporary safety zone: On the Ohio 

River from mile marker 2.5 to mile 

marker 3. 

(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 Pittsburgh (COTP) in the 

enforcement of the safety zone. 

Designated representative includes 

safety boat provided by the event 

organizers. 

(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 on Channel 16 or at 412– 

670–7288. To seek permission, 

concerned traffic may reach contact the 

event organizers on channel 13 or at 

(860) 573–6646. 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 each day from 8 a.m. 

through 6 p.m. from January 22, 2024, 

through January 26, 2024, and January 

29, 2024, through February 4, 2024. The 

temporary safety zone will be enforced 

during the 10-hour helicopter operation 

on those dates. 

Eric J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port, MSU Pittsburgh. 

[FR Doc. 2024–01450 Filed 1–24–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0108] 

RIN 1625–AA00 

Safety Zone; Choctawhatchee Bay, FL 

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 of the 


khammond on DSKJM1Z7X2PROD with RULES