Safety Zone; Upper Mississippi River, Prairie du Chien, WI, 39170-39172 [2023-12750]

Download as PDF 39170 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Rules and Regulations the select rate (the initial rate) applies), a decrease of 0.14 percent in the select rate, and a decrease of 0.51 percent in the ultimate rate (the final rate). Need for Immediate Guidance PBGC has determined that notice of, and public comment on, this rule are impracticable, unnecessary, and contrary to the public interest. PBGC routinely updates the interest assumptions in appendix B of the asset allocation regulation each quarter so that they are available to value benefits. Accordingly, PBGC finds that the public interest is best served by issuing this rule expeditiously, without an opportunity for notice and comment, and that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication to allow the use of the proper assumptions to estimate the value of plan benefits for plans with valuation dates early in the third quarter of 2023. PBGC has determined that this action is not a ‘‘significant regulatory action’’ under the criteria set forth in Executive Order 12866. Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2). In consideration of the foregoing, 29 CFR part 4044 is amended as follows: PART 4044—ALLOCATION OF ASSETS IN SINGLE–EMPLOYER PLANS 1. The authority citation for part 4044 continues to read as follows: ■ Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. 2. In appendix B to part 4044, an entry for ‘‘July–September 2023’’ is added at the end of the table to read as follows: ■ Appendix B to Part 4044—Interest Rates Used to Value Benefits List of Subjects in 29 CFR Part 4044 Employee benefit plans, Pension insurance, Pensions. * * * * * The values of it are: For valuation dates occurring in the month— it * * * * July–September 2023 ....................................................... Issued in Washington, DC. Hilary Duke, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation. BILLING CODE 7709–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0465] RIN 1625–AA00 Safety Zone; Upper Mississippi River, Prairie du Chien, WI Coast Guard, DHS. Temporary final rule. AGENCY: lotter on DSK11XQN23PROD with RULES1 VerDate Sep<11>2014 16:27 Jun 14, 2023 Jkt 259001 0.0524 1–20 * 0.0458 This rule is effective from 7:30 a.m. on June 23, 2023, through 6:30 p.m. on June 25, 2023. The rule is subject to enforcement from 7:30 a.m. through 6:30 p.m. each day it is effective. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0465 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 MSTC Nathaniel Dibley, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314–269–2550, email Nathaniel.d.dibley@uscg.mil. SUPPLEMENTARY INFORMATION: 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 PO 00000 Frm 00054 for t = * I. Table of Abbreviations The Coast Guard is establishing a temporary safety zone for navigable waters on the Upper Mississippi River between 636–635, east of Island number one hundred seventytwo. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by high-speed power vessels. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Upper Mississippi River. SUMMARY: it DATES: [FR Doc. 2023–12751 Filed 6–14–23; 8:45 am] ACTION: for t = Fmt 4700 Sfmt 4700 it for t = * >20 N/A N/A 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 publishing an NPRM would be impractical due to the date the event is taking place. It is impracticable to publish an NPRM because we must establish this safety zone by June 23, 2023, and lacks sufficient time to provide a reasonable comment period and to consider those comments before issuing the rule. 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 due to the date the event is taking place. Delaying the effective date of this rule would be impracticable and contrary to public interest because we must establish the safety zone by June 23, 2023, in order to protect personnel, vessels, and the marine environment from the potential safety hazards associated with the high speed power vessel racecourse event occurring on that date. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Rules and Regulations Captain of the Port Sector Upper Mississippi River (COTP) has determined that potential hazards associated with Great Lakes Watercross Race, on June 23, 2023, will be a safety concern for anyone within the marked area of the racecourse. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the race is being conducted. IV. Discussion of the Rule This rule establishes a safety zone from 7:30 a.m. through 6:30 p.m. each day on June 23 to June 25, 2023. The safety zone will cover all navigable waters within the Great Lakes Watercross Race, on the Upper Mississippi River, between Mile Markers 635 to 636 east of Island number one hundred seventy-two. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the race is conducted. No vessel or person will be permitted to transit the safety zone without obtaining permission from the COTP or a designated representative. lotter on DSK11XQN23PROD with RULES1 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 limited duration and narrowly tailored geographic areas of the safety zone. Although this rule restricts access to the waters encompassed by the safety zone, the effect of this rule will not be significant because the local waterways users will be notified to ensure the safety zone will result in minimal impact. In addition, normal marine traffic will be minimally impacted as race official will be to pass traffic between races. The navigation channel west of Island number one hundred seventy-two will not be VerDate Sep<11>2014 16:27 Jun 14, 2023 Jkt 259001 impacted by the safety zone and will remain open. The vessels desiring to transit through or around the temporary safety zone may do so upon express permission from the COTP or the COTP’s designated representative. 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). PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 39171 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 lasting from 7:30 a.m. to 6:30 p.m. that will prohibit entry between Mile Markers 635–636 east of Island number one hundred seventy-two. 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 E:\FR\FM\15JNR1.SGM 15JNR1 39172 Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Rules and Regulations 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. [FR Doc. 2023–12750 Filed 6–14–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 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: 33 CFR Part 165 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS SUMMARY: [Docket No. USCG–2023–0475] Safety Zones; Annual Events in the Captain of the Port Buffalo Zone Coast Guard, DHS. ACTION: Notification of enforcement of regulation. AGENCY: 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.T08–0439 to read as follows: ■ § 165.T08–0465 Safety Zone; Upper Mississippi River, Mile Markers 635–636 east of Island number one hundred seventytwo, Prairie du Chien, WI. lotter on DSK11XQN23PROD with RULES1 Dated: June 9, 2023. A.R. Bender, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. (a) Location. The following area is a safety zone: all navigable waters within the Upper Mississippi River, Mile Markers 635–636 east of Island number one hundred seventy-two, Prairie du Chien, WI. (b) 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. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control o the USCG Sector Upper Mississippi River. (2) To seek permission to enter, contact the COTP or the COTP’s representative via VHF–FM channel 16, or through USCG Sector Upper Mississippi River at 314–269–2332. 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. (c) Enforcement period: This safety zone will be subject to enforcement from 7:30 a.m. through 6:30 p.m. each day from June 23 to June 25, 2023. VerDate Sep<11>2014 16:27 Jun 14, 2023 Jkt 259001 The Coast Guard will enforce a safety zone for the Cape Vincent French Festival Fireworks to provide for the safety of life on navigable waterways, including the St. Lawrence River, during this event. Our regulation for marine events within the Ninth Coast Guard District identifies the regulated area for this event as the St. Lawrence River, Cape Vincent, NY. During the enforcement period, the operator of any vessel in the regulated area must comply with directions from the Coast Guard Safety Zone Coordinator or any Official Patrol displaying a Coast Guard ensign. DATES: The regulation in 33 CFR 165.939 will be enforced for the Cape Vincent French Festival Fireworks listed in item b.15 in the table to § 165.939 from 9:15 p.m. through 10:30 p.m., on July 8, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email the Marine Event Coordinator, U.S. Coast Guard MSD Massena; telephone 315–769–5483, email SMBMSDMassena-WaterwaysManagement@ uscg.mil. This Notice of Enforcement is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). The Coast Guard will enforce a safety zone in 33 CFR 165.939 for the Cape Vincent French Festival Fireworks regulated area from 9:15 p.m. through 10:30 p.m. on July 8, 2023. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Ninth Coast Guard District, § 165.939, specifies the location of the regulated area for the French Festival Fireworks which SUPPLEMENTARY INFORMATION: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 encompasses portions of the St. Lawrence River. During the enforcement period as reflected in § 165.939, if you are the operator of a vessel in the regulated area you must comply with directions from the Coast Guard Safety Zone Coordinator or any Official Patrol displaying a Coast Guard ensign. In addition to this notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Broadcast Notice to Mariners. Dated: June 7, 2023. Mark I. Kuperman, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2023–12817 Filed 6–14–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No. PTO–P–2022–0008] RIN 0651–AD60 Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements United States Patent and Trademark Office, Department of Commerce. ACTION: Final rule. AGENCY: The United States Patent and Trademark Office (USPTO or Office) is revising the rules of practice pertaining to patent term adjustment to require that the patent term adjustment statement regarding information disclosure statements be submitted on an Office form using the appropriate document code. The use of the Office form and document code will streamline certain aspects of prosecution by more accurately capturing and accounting for the patent term adjustment statement without unnecessary back-and-forth between the Office and applicant. It will also conserve resources by eliminating the need for a manual review of the patent term adjustment statement. Applicants who submit a patent term adjustment statement regarding information disclosure statements without using the Office form or the appropriate document code will need to request reconsideration of the patent term adjustment for the information disclosure statement to not be considered a failure to engage in reasonable efforts to conclude the prosecution (processing or examination) of the application. The Office conducts SUMMARY: E:\FR\FM\15JNR1.SGM 15JNR1

Agencies

[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39170-39172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12750]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0465]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Prairie du Chien, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters on the Upper Mississippi River between 636-635, east 
of Island number one hundred seventy-two. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by high-speed power vessels. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Sector Upper Mississippi River.

DATES: This rule is effective from 7:30 a.m. on June 23, 2023, through 
6:30 p.m. on June 25, 2023. The rule is subject to enforcement from 
7:30 a.m. through 6:30 p.m. each day it is effective.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0465 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 MSTC Nathaniel Dibley, Sector Upper Mississippi River 
Waterways Management Division, U.S. Coast Guard; telephone 314-269-
2550, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  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 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 publishing an NPRM would be 
impractical due to the date the event is taking place. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by June 23, 2023, and lacks sufficient time to provide a 
reasonable comment period and to consider those comments before issuing 
the rule.
    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 
due to the date the event is taking place. Delaying the effective date 
of this rule would be impracticable and contrary to public interest 
because we must establish the safety zone by June 23, 2023, in order to 
protect personnel, vessels, and the marine environment from the 
potential safety hazards associated with the high speed power vessel 
racecourse event occurring on that date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The

[[Page 39171]]

Captain of the Port Sector Upper Mississippi River (COTP) has 
determined that potential hazards associated with Great Lakes 
Watercross Race, on June 23, 2023, will be a safety concern for anyone 
within the marked area of the racecourse. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the race is being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:30 a.m. through 6:30 
p.m. each day on June 23 to June 25, 2023. The safety zone will cover 
all navigable waters within the Great Lakes Watercross Race, on the 
Upper Mississippi River, between Mile Markers 635 to 636 east of Island 
number one hundred seventy-two. The duration of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while the race is conducted. No vessel or person will 
be permitted to transit the safety zone without obtaining permission 
from the COTP or a 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 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 limited 
duration and narrowly tailored geographic areas of the safety zone. 
Although this rule restricts access to the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterways users will be notified to ensure the safety zone 
will result in minimal impact. In addition, normal marine traffic will 
be minimally impacted as race official will be to pass traffic between 
races. The navigation channel west of Island number one hundred 
seventy-two will not be impacted by the safety zone and will remain 
open. The vessels desiring to transit through or around the temporary 
safety zone may do so upon express permission from the COTP or the 
COTP's designated representative.

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 lasting from 7:30 a.m. to 6:30 p.m. that will prohibit 
entry between Mile Markers 635-636 east of Island number one hundred 
seventy-two. 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

[[Page 39172]]

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

0
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.


0
2. Add Sec.  165.T08-0439 to read as follows:


Sec.  165.T08-0465  Safety Zone; Upper Mississippi River, Mile Markers 
635-636 east of Island number one hundred seventy-two, Prairie du 
Chien, WI.

    (a) Location. The following area is a safety zone: all navigable 
waters within the Upper Mississippi River, Mile Markers 635-636 east of 
Island number one hundred seventy-two, Prairie du Chien, WI.
    (b) 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. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) 
assigned to units under the operational control o the USCG Sector Upper 
Mississippi River.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through USCG Sector Upper 
Mississippi River at 314-269-2332. 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.
    (c) Enforcement period: This safety zone will be subject to 
enforcement from 7:30 a.m. through 6:30 p.m. each day from June 23 to 
June 25, 2023.

    Dated: June 9, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2023-12750 Filed 6-14-23; 8:45 am]
BILLING CODE 9110-04-P

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