8332 Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Rules and Regulations 

Federal Register before promulgating a 

rule that has legal force.’’ Little Sisters 

of the Poor Sts. Peter & Paul Home v. 

Pennsylvania, 591 U.S. ---, 140 S. Ct. 

2367, 2384 (2020). The Administrative 

Procedure Act (5 U.S.C. 553(b)(3)(B)) 

allows exceptions to notice-andcomment rulemaking ‘‘when the agency 

for good cause finds . . . that notice and 

public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ Further, 5 U.S.C. 

553(d) provides an exception to the 

usual requirement of a delayed effective 

date for a substantive rule that relieves 

a restriction, or when the agency finds 

‘‘good cause’’ that the rule be made 

immediately effective. 

An agency may find that notice and 

comment is ‘‘unnecessary’’ where the 

administrative rule is a routine 

determination, insignificant in nature 

and impact, and inconsequential to the 

industry and public. Mack Trucks, Inc. 

v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012); 

Util. Solid Waste Activities Grp. v. EPA, 

236 F.3d 749, 754–55 (D.C. Cir. 2001). 

Unlike previous Bureau interim final 

rules courts have addressed, this interim 

final rule is by its nature nonsubstantive, functioning only as 

updated guidance on attorney visits to 

Bureau institutions by specifically 

expanding access to counsel for pre-trial 

detainees in Bureau custody. Cf. 

Paulsen v. Daniels, 413 F.3d 999 (9th 

Cir. 2005) (holding the Bureau violated 

the APA by issuing an interim final rule 

that had ‘‘the effect . . . [of] deny[ing] 

program eligibility to certain categories 

of inmates . . .). 

This rulemaking is exempt from 

normal notice-and-comment procedures 

because advance notice in this instance 

is unnecessary. The change to this 

regulation is non-substantive, minor, 

routine, insignificant, and made only to 

clarify procedures for attorney visits at 

Bureau institutions and to further 

promote inmates’ right of access to 

counsel. This interim final rule makes 

no change to any rights or 

responsibilities of the agency or any 

regulated entities and, instead, seeks to 

promptly clarify procedures primarily 

for the benefit of current inmates and 

their attorneys who require access to 

them while they are housed at Bureau 

facilities designated for pretrial and 

presentenced detainees. For the same 

reasons, the Bureau finds that ‘‘good 

cause’’ exists to make this interim final 

rule immediately effective upon 

publication. Nevertheless, the Bureau of 

Prisons is accepting post-promulgation 

public comments. 

Unfunded Mandates Reform Act of 1995 

This interim final rule will not result 

in the expenditure by State, local and 

tribal governments, in the aggregate, or 

by the private sector, of $100,000,000 or 

more in any one year (adjusted for 

inflation), and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Regulatory Flexibility Act 

The Director has reviewed this 

regulation in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)) and has determined that this 

interim final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Further, a regulatory flexibility analysis 

is not required when the agency is not 

required to publish a general notice of 

proposed rulemaking, as is the case 

here. 5 U.S.C. 601(2), 604(a). 

Congressional Review Act 

This regulation is not a major rule as 

defined by the Congressional Review 

Act, 5 U.S.C. 804. 

List of Subjects in 28 CFR Part 543 

Prisoners, Legal activities. 

Accordingly, under rulemaking 

authority vested in the Attorney General 

in 5 U.S.C 301; 28 U.S.C. 509, 510 and 

delegated to the Director of the Bureau 

of Prisons in 28 CFR 0.96, the Bureau 

amends 28 CFR part 543 as follows. 

SUBCHAPTER C—INSTITUTIONAL 

MANAGEMENT 

PART 543—LEGAL MATTERS 

■ 1. The authority citation for part 543 

continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 

3622, 3624, 4001, 4042, 4081 (Repealed in 

part as to offenses committed on or after 

November 1, 1987), 5006–5024 (Repealed 

October 12, 1984 as to offenses committed 

after that date), 5039; 28 U.S.C. 509, 510 

1346(b), 2671–80; 28 CFR 0.95–0.99, 0.172, 

14.1–11. 

Subpart B—Inmate Legal Activities 

■ 2. In § 543.13, revise paragraph (c) and 

the first sentence of paragraph (e) to 

read as follows: 

§ 543.13 Visits by attorneys. 

* * * * * 

(c) For Bureau institutions that do not 

house pretrial detainees and 

unsentenced individuals, the attorney 

shall make an advance appointment for 

the visit through the Warden prior to 

each visit. However, the Warden shall 

make every effort to arrange for a visit 

when prior notification is not 

practicable. Bureau institutions that 

house pretrial detainees and 

unsentenced individuals will allow 

scheduled and unscheduled attorney 

visits during designated attorney 

visitation hours. 

* * * * * 

(e) Staff shall not subject visits 

between an attorney and an inmate to 

auditory supervision. * * * 

* * * * * 

Colette S. Peters, 

Director, Federal Bureau of Prisons. 

[FR Doc. 2024–02470 Filed 2–6–24; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–0105] 

Safety Zones in Reentry Sites; 

Jacksonville, Florida 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard is activating 

three safety zones for the AXIOM–3 

Commercial Crew mission reentry, 

vehicle splashdown, and recovery 

operations. These operations will occur 

in the U.S. Exclusive Economic Zone 

(EEZ). Our regulation for safety zones in 

reentry sites within the Seventh Coast 

Guard District identifies the regulated 

areas for this event. No U.S.-flagged 

vessel may enter the safety zones unless 

authorized by the Captain of the Port 

Savannah or a designated 

representative. Foreign-flagged vessels 

are encouraged to remain outside the 

safety zones. 

DATES: The regulations in 33 CFR 

165.T07–0806 will be enforced for the 

safety zones identified in the 

SUPPLEMENTARY INFORMATION section 

below for the dates and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Junior Grade Anthony 

Harris, Marine Safety Unit Savannah, 

Waterways Division, U.S. Coast Guard; 

telephone 912–210–8714, email: 

Anthony.E.Harris@uscg.mil. 

SUPPLEMENTARY INFORMATION: With this 

document, the Coast Guard Captain of 

the Port (COTP) Savannah is activating 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Rules and Regulations 8333 

1These notifications of enforcement of the 

regulation can be found at: https://regulations.gov 

by searching for docket number USCG–2024–0106, 

and USCG–2024–0085. 

a portion of the safety zone as listed in 

33 CFR 165.T07–0806(a)(1), and the 

safety zones listed in (a)(2) and (a)(3) on 

February 2, 2024 through February 10, 

2024, for the AXIOM–3 Commercial 

Crew mission reentry vehicle 

splashdown, and the associated 

recovery operations in the U.S. EEZ. 

These safety zones are located within 

the COTP Savannah Area of 

Responsibility (AOR) offshore of 

Jacksonville, Florida. The Coast Guard 

is activating these safety zones in order 

to protect vessels and waterway users 

from the potential hazards created by 

reentry vehicle splashdowns and 

recovery operations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no U.S.-flagged vessel 

may enter the safety zones unless 

authorized by the COTP Savannah or a 

designated representative except as 

provided in § 165.T07–0806(d)(3). All 

foreign-flagged vessels are encouraged 

to remain outside the safety zones. 

There are two other safety zones listed 

in § 165.T07–0806(a)(2) through (a)(5), 

which are located within the COTP St. 

Petersburg and Jacksonville AORs, that 

are being simultaneously activated 

through separate notifications of 

enforcement of the regulation document 

issued under Docket Numbers USCG– 

2024–106, and USCG–2024–0085.1

Twenty-four hours prior to the 

Axiom-3 recovery operations, the COTP 

Jacksonville, the COTP Savannah, the 

COTP St. Petersburg, or designated 

representative will inform the public 

that whether any of the five safety zones 

described in § 165.T07–0806, paragraph 

(a), will remain activated (subject to 

enforcement). If one of the safety zones 

described in § 165.T07–0806, paragraph 

(a), remains activated it will be enforced 

for four hours prior to the Axiom-3 

splashdown and remain activated until 

announced by Broadcast Notice to 

Mariners on VHF–FM channel 16, and/ 

or Marine Safety Information Bulletin 

(as appropriate) that the safety zone is 

no longer subject to enforcement. After 

the Axiom-3 reentry vehicle 

splashdown, the COTP or a designated 

representative will grant general 

permission to come no closer than 3 

nautical miles of any reentry vehicle or 

space support vessel engaged in the 

recovery operations, within the 

activated safety zone described in 

§ 165.T07–0806, paragraph (a). Once the 

reentry vehicle, and any personnel 

involved in reentry service, are removed 

from the water and secured onboard a 

space support vessel, the COTP or 

designated representative will issue a 

Broadcast Notice to Mariners on VHF– 

FM channel 16 announcing the 

activated safety zone is no longer 

subject to enforcement. The recovery 

operations are expected to last 

approximately one hour. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

Dated: February 1, 2024. 

Nathaniel L. Robinson, 

Commander, U.S. Coast Guard, Captain of 

the Port Savannah. 

[FR Doc. 2024–02404 Filed 2–6–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 240201–0032] 

RIN 0648–BM31 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is amending the 

Atlantic Large Whale Take Reduction 

Plan (Plan) to expand the boundaries of 

the seasonal Massachusetts Restricted 

Area (MRA) to include the wedge 

between State and Federal waters 

known as the Massachusetts Restricted 

Area Wedge (MRA Wedge). The MRA 

Wedge was seasonally closed to trap/pot 

fishing gear by emergency rulemaking in 

2022 and 2023 to prevent the immediate 

risk to the North Atlantic right whale 

(Eubalaena glacialis, right whale) of 

mortality and serious injury caused by 

entanglement in fixed-gear buoy lines. 

Substantial observational evidence has 

documented the consistent presence of 

right whales within the MRA Wedge 

from February through April and aerial 

surveys have similarly documented the 

presence of aggregated fixed gear in the 

MRA Wedge during this same time 

period. Due to the co-occurrence of 

whales and buoy lines, both in high 

densities in this area during the 

specified times of year, this 

entanglement risk is expected to recur 

annually. This action will address this 

gap in protection between seasonally 

closed State and Federal waters and 

reduce the incidental mortality and 

serious injury of right whales, fin 

whales (Balaenoptera physalus), and 

humpback whales (Megaptera 

novaeangliae) in commercial trap/pot 

fisheries. There is a specific carve out 

for this rule in the Consolidated 

Appropriations Act, 2023 (CAA). 

DATES: This rule is effective March 8, 

2024. 

ADDRESSES: Copies of this action, 

including the Final Environmental 

Assessment (EA) and the Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (RIR/FRFA) 

prepared in support of this action, are 

available via the internet at https://

www.regulations.gov/ or by contacting 

Jennifer Goebel (see FOR FURTHER

INFORMATION CONTACT below). 

Several of the background documents 

for the Plan and the take reduction 

planning process can also be 

downloaded from the Plan website 

(https://www.fisheries.noaa.gov/ 

ALWTRP). Information on the analytical 

tools used to support the development 

and analysis of the final regulations can 

be found in the EA and appendices. The 

complete text of current regulations 

implementing the Plan can be found in 

50 CFR 229.32 or downloaded from the 

Plan’s website, along with outreach 

compliance guides to current 

regulations. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Goebel, 978–281–9175, 

jennifer.goebel@noaa.gov, Colleen 

Coogan, 978–281–9181, 

colleen.coogan@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The right whale population has been 

in decline since 2010, with the most 

recent published estimate of right whale 

population size in 2022 at 356 whales 

(95 percent confidence interval: 346– 

363) (Linden 2023) with a strong male 

bias (Hayes et al. 2023, Pace et al. 2017, 

Pace 2021). The steep population 

decline is a result of high levels of 

human-caused mortality from 

entanglement in fishing gear and vessel 

strikes in both the United States and 

Canada. An Unusual Mortality Event 

(UME) was declared for the population 

in 2017, due to high rates of 

documented vessel strikes and 

entanglement in fishing gear. As of 

January 18, 2024, the UME includes 36 

detected mortalities (17 in 2017, 3 in 

2018, 10 in 2019, 2 in 2020, 2 in 2021, 

0 in 2022, and 2 in 2023). In addition, 

35 serious injuries were documented (6 

in 2017, 6 in 2018, 3 in 2019, 6 in 2020, 


khammond on DSKJM1Z7X2PROD with RULES