Security Zones; Seattle's Seafair Fleet Week Moving Vessels, Puget Sound, WA, 48731-48732 [2023-16042]
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Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Rules and Regulations
work to satisfy the request or to
continue work on a request, unless:
(1) ODNI estimates or determines that
the allowable charges that the requester
may be required to pay are likely to
exceed $250.00; or
(2) The requester has previously failed
to pay a fee charged within 30 calendar
days of the date of billing.
(m) In cases in which ODNI requires
advance payment, the request will not
be considered received and further work
will not be completed until the required
payment is received. If the requester
does not pay the advance payment
within 30 calendar days after the date of
ODNI’s fee determination, the request
will be closed.
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review and the receipt of accrued fees
(or promise to pay fees), ODNI will
promptly inform the requester in
writing of those records or portions of
records that will be released and those
that will be denied.
(2) For records to be released, ODNI
will provide paper copies or records on
electronic media, if requested and
available.
(3) For records not released or
partially released, ODNI shall explain
the reasons for any denial and give
notice of a right of administrative
appeal. For partial releases, redactions
will be applied to ensure requesters can
see the placement and general length of
withholdings with the applicable
exemption(s) clearly with respect to
each withholding.
(n) Fee waiver requests and appeals.
Upon written request, ODNI may waive
or reduce fees that are otherwise
chargeable under this part. If a fee
waiver or reduction in fees is requested,
the requester must demonstrate that a
waiver or reduction in fees is in the
public interest because disclosure of the
requested records is likely to contribute
significantly to the public
understanding of the operations or
activities of the government and is not
primarily in the requester’s commercial
interest. After processing, actual fees
must exceed $25.00 for ODNI to require
payment of fees. Appeals should be
resolved prior to the initiation of
processing and the incurring of costs.
However, fee waiver requests will be
accepted at any time prior to ODNI’s
decision regarding the request, except
when processing has been initiated.
(o) If the ODNI has determined that
unusual circumstances, as defined by
the FOIA, apply and more than 5,000
pages are necessary to respond to the
request, the ODNI may charge search
fees, or, in the case of requesters
described in paragraph (h) of this
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16:04 Jul 27, 2023
Jkt 259001
section, may charge duplication fees, if
the following steps are taken.
(1) The ODNI must have provided
timely written notice of unusual
circumstances to the requester in
accordance with the FOIA and ODNI
must have discussed with the requester
via written mail, email, or telephone (or
made not less than three good-faith
attempts to do so) how the requester
could effectively limit the scope of the
request in accordance with 5 U.S.C.
552(a)(6)(B)(ii).
(2) If this exception is satisfied, the
ODNI may charge all applicable fees
incurred in the processing of the
request.
§ 1700.10
Other rights and services.
Nothing in this part shall be
construed so as to enlarge, diminish,
modify, or alter the powers or authority
of the ODNI; or construed to entitle any
person, as of right, to any service or to
the disclosure of any record to which
such person is not entitled under the
FOIA.
Dated: July 7, 2023.
Gregory M. Koch,
Director, Information Management Office,
Chief Operating Officer, Office of the Director
of National Intelligence.
[FR Doc. 2023–15512 Filed 7–27–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0605]
Security Zones; Seattle’s Seafair Fleet
Week Moving Vessels, Puget Sound,
WA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
Seattle’s Seafair Fleet Week Moving
Vessels security zones from August 1
through August 7, 2023, to ensure the
security of the vessels from sabotage or
other subversive acts during Seafair
Fleet Week Parade of Ships. Our
regulation for marine events within the
Thirteenth Coast Guard District
identifies the regulated area for this
event in Seattle, WA. During the
enforcement period, no person or vessel
may enter or remain in the security
zones without the permission of the
Captain of the Port (COTP), Puget Sound
or his designated representative. The
SUMMARY:
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48731
COTP has granted general permission
for vessels to enter the outer 400 yards
of the security zones as long as those
vessels within the outer 400 yards of the
security zones operate at the minimum
speed necessary to maintain course
unless required to maintain speed by
the navigation rules.
DATES: The regulations in 33 CFR
165.1333 will be enforced for the
security 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 MST1 Steve Barnett, Sector Puget
Sound Waterways Management
Division, U.S. Coast Guard; telephone
206–217–6051, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the security zones
for Seattle’s Seafair Fleet Week Moving
Vessels in 33 CFR 165.1333 for the
regulated areas in the Elliott Bay from
11:30 a.m. on August 1, 2023, through
5 p.m. on August 7, 2023. This action
is being taken to ensure the security of
the vessels from sabotage or other
subversive acts during this event. Our
regulation for marine events within the
Thirteenth Coast Guard District,
§ 165.1333, specifies the location of the
regulated area in the Puget Sound
around the participating vessels
designated in this notice.
During the enforcement period, as
reflected in § 165.1333, no person or
vessel may enter or remain in the
security zones without the permission
of the COTP or a designated
representative. The COTP may be
assisted by other federal, state or local
agencies with the enforcement of the
security zones. For 2023, the following
areas are § 165.1333 security zones: all
navigable waters within 500 yards of
USS JOHN S. McCAIN (CG–56), USCGC
HENRY BLAKE (WLM–563), USCGC
ROBERT WARD (WPC–1130), USCGC
WAHOO (WPB–87345), HMCS
YELLOWKNIFE (MM–706), HMCS
EDMONTON (MM–703), HMCS
NANAIMO (MM–702), while each such
vessel is in the Sector Puget Sound
COTP Zone.
The COTP has granted general
permission for vessels to enter the outer
400 yards of the security zones as long
as those vessels within the outer 400
yards of the security zones operate at
the minimum speed necessary to
maintain course unless required to
maintain speed by the navigation rules.
All vessel operators who desire to enter
the inner 100 yards of the security zones
or transit the outer 400 yards at greater
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48732
Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Rules and Regulations
than minimum speed necessary to
maintain course must obtain permission
from the COTP or a designated
representative by contacting the onscene patrol craft on VHF Ch 13 or Ch
16. Requests must include the reason
why movement within this area is
necessary. Vessel operators granted
permission to enter the security zones
will be escorted by the on-scene patrol
craft until they are outside of the
security zones.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide the maritime
community with advanced notification
of the security zones via the Local
Notice to Mariners and marine
information broadcasts before the start
of the event. In the event that there are
changes to the participating vessels, due
to operational requirements, the Coast
Guard will provide actual notice for any
additional designated participating
vessels not covered in this notice.
Members of the public may contact
Sector Puget Sound COTP at 206–217–
6002 for an up-to-date list of designated
participating vessels.
If the COTP determines that the
security zones need not be enforced for
the full duration stated in this notice of
enforcement, a Broadcast Notice to
Mariners may be used to grant general
permission to enter all portions of the
regulated areas.
Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
[FR Doc. 2023–16042 Filed 7–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0616]
RIN 1625–AA00
Safety Zone; Kaiser Fireworks, Lake
St. Clair; Grosse Pointe Park, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters on Lake St. Clair in
Grosse Point Park, MI. The safety zone
is necessary and intended to protect
personnel, vessels, and the marine
environment from potential hazards
associated with fireworks displays
created by the Kaiser family. Entry of
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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16:04 Jul 27, 2023
Jkt 259001
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Detroit, or his designated representative.
DATES: This rule is effective from 9 p.m.
through 10:30 p.m. on August 5, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0616 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Tracy Girard, Waterways
Department, Sector Detroit, Coast
Guard; telephone (313) 568–9564, email
Tracy.M.Girard@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)). 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 the
event sponsor notified the Coast Guard
with insufficient time to publish an
NPRM and immediate action is
necessary to protect personnel, vessels,
and the marine environment on Lake St.
Clair. It is impracticable and contrary to
the public interest to publish a NPRM
because we must establish this safety
zone by August 5, 2023.
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. For the same reasons
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable because
immediate action is needed to respond
to the potential safety hazards
associated with a fireworks display.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Detroit (COTP) has
determined that potential hazards
associated with fireworks displays will
be a safety concern for anyone within a
200-yard radius of the launch site. The
likely combination of recreational
vessels, darkness punctuated by bright
flashes of light, and fireworks debris
falling into the water presents risks of
collisions which could result in serious
injuries or fatalities. This rule is
necessary to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. through 10:30 p.m. on
August 5, 2023. The safety zone will
encompass all U.S. navigable waters of
Lake St. Clair within a 200-yard radius
of the fireworks launch site located
42°22.629′ N, 082°54.929′ W, near
Grosse Point Park, MI. The duration of
the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
during the fireworks display. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Detroit or his designated representative.
The Captain of the Port Detroit or his
designated representative may be
contacted via VHF Channel 16.
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 the size, location, and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small, designated area of Lake
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Agencies
[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48731-48732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16042]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0605]
Security Zones; Seattle's Seafair Fleet Week Moving Vessels,
Puget Sound, WA
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce Seattle's Seafair Fleet Week
Moving Vessels security zones from August 1 through August 7, 2023, to
ensure the security of the vessels from sabotage or other subversive
acts during Seafair Fleet Week Parade of Ships. Our regulation for
marine events within the Thirteenth Coast Guard District identifies the
regulated area for this event in Seattle, WA. During the enforcement
period, no person or vessel may enter or remain in the security zones
without the permission of the Captain of the Port (COTP), Puget Sound
or his designated representative. The COTP has granted general
permission for vessels to enter the outer 400 yards of the security
zones as long as those vessels within the outer 400 yards of the
security zones operate at the minimum speed necessary to maintain
course unless required to maintain speed by the navigation rules.
DATES: The regulations in 33 CFR 165.1333 will be enforced for the
security 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 MST1 Steve Barnett, Sector
Puget Sound Waterways Management Division, U.S. Coast Guard; telephone
206-217-6051, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the security
zones for Seattle's Seafair Fleet Week Moving Vessels in 33 CFR
165.1333 for the regulated areas in the Elliott Bay from 11:30 a.m. on
August 1, 2023, through 5 p.m. on August 7, 2023. This action is being
taken to ensure the security of the vessels from sabotage or other
subversive acts during this event. Our regulation for marine events
within the Thirteenth Coast Guard District, Sec. 165.1333, specifies
the location of the regulated area in the Puget Sound around the
participating vessels designated in this notice.
During the enforcement period, as reflected in Sec. 165.1333, no
person or vessel may enter or remain in the security zones without the
permission of the COTP or a designated representative. The COTP may be
assisted by other federal, state or local agencies with the enforcement
of the security zones. For 2023, the following areas are Sec. 165.1333
security zones: all navigable waters within 500 yards of USS JOHN S.
McCAIN (CG-56), USCGC HENRY BLAKE (WLM-563), USCGC ROBERT WARD (WPC-
1130), USCGC WAHOO (WPB-87345), HMCS YELLOWKNIFE (MM-706), HMCS
EDMONTON (MM-703), HMCS NANAIMO (MM-702), while each such vessel is in
the Sector Puget Sound COTP Zone.
The COTP has granted general permission for vessels to enter the
outer 400 yards of the security zones as long as those vessels within
the outer 400 yards of the security zones operate at the minimum speed
necessary to maintain course unless required to maintain speed by the
navigation rules. All vessel operators who desire to enter the inner
100 yards of the security zones or transit the outer 400 yards at
greater
[[Page 48732]]
than minimum speed necessary to maintain course must obtain permission
from the COTP or a designated representative by contacting the on-scene
patrol craft on VHF Ch 13 or Ch 16. Requests must include the reason
why movement within this area is necessary. Vessel operators granted
permission to enter the security zones will be escorted by the on-scene
patrol craft until they are outside of the security zones.
In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide the maritime community with advanced
notification of the security zones via the Local Notice to Mariners and
marine information broadcasts before the start of the event. In the
event that there are changes to the participating vessels, due to
operational requirements, the Coast Guard will provide actual notice
for any additional designated participating vessels not covered in this
notice.
Members of the public may contact Sector Puget Sound COTP at 206-
217-6002 for an up-to-date list of designated participating vessels.
If the COTP determines that the security zones need not be enforced
for the full duration stated in this notice of enforcement, a Broadcast
Notice to Mariners may be used to grant general permission to enter all
portions of the regulated areas.
Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2023-16042 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P