Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV, 50765-50767 [2023-16428]
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
rule was incorrectly stated as August 10,
2023. The correct effective date for
Airspace Docket No. 19–AAL–63 is
October 5, 2023.
DATES: The effective date of the final
rule published on July 17, 2023 (88 FR
45329) is delayed until October 5, 2023.
The Director of the Federal Register
approved this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order JO
7400.11 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Steven Roff, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Background
The FAA published a final rule for
Docket No. FAA–2022–0216 in the
Federal Register (88 FR 45329; July 17,
2023), that amended RNAV route T–230
in the vicinity of St. Paul Island, AK.
The effective date in the final rule was
incorrectly stated as August 10, 2023.
The correct effective date for Airspace
Docket No. 19–AAL–63 is October 5,
2023.
Delay of Effective Date
Accordingly, pursuant to the
authority delegated to me, the effective
date of the final rule, Airspace Docket
19–AAL–63, as published in the Federal
Register on July 17, 2023 (88 FR 45329),
FR Doc. 2023–15011, is hereby delayed
until October 5, 2023.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., P. 389.
Issued in Washington, DC, on July 27,
2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2023–16317 Filed 8–1–23; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
ddrumheller on DSK120RN23PROD with RULES1
14 CFR Part 1204
[NASA Document No: NASA–23–054; NASA
Docket No: NASA–2023–0003]
RIN 2700–AE70
Delegations and Designations
National Aeronautics and
Space Administration.
ACTION: Direct final rule, withdrawal.
AGENCY:
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NASA published a document
in the Federal Register on July 5, 2023,
concerning Delegations and
Designations. The Agency is
withdrawing the document for allow for
additional internal coordination.
DATES: Effective on September 5, 2023,
the direct final rule published at 88 FR
42870, July 5, 2023 is withdrawn.
FOR FURTHER INFORMATION CONTACT:
Daniela Cruzado, 202–295–7589.
SUPPLEMENTARY INFORMATION:
NASA published a document in the
Federal Register on July 5, 2023 [88 FR
42870], in FR Doc. 2023–14042,
concerning Delegations and
Designations. The Agency is
withdrawing the document to allow for
additional internal coordination.
SUMMARY:
Nanette Smith,
Team Lead, NASA Directives and
Regulations.
[FR Doc. 2023–16123 Filed 8–1–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0613]
RIN 1625–AA00
Safety Zone; Kanawha River, Mile
Markers 41.5 to 42.5, Nitro, WV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a half mile
radius of the Donald Legg Memorial
Bridge. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by adding a center
section of the bridge. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
DATES: This rule is effective from 5:30
a.m. on August 24, 2023, through 7 p.m.
on August 25, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0613 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
SUMMARY:
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50765
email Petty Officer Chelsea Zimmerman,
Marine Safety Unit Huntington, U.S.
Coast Guard, telephone 304–733–0198,
email Chelsea.M.Zimmerman@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
publishing an NPRM would be
impracticable. A safety zone is needed
to alleviate safety concerns associated
with construction operations for the
purpose of adding the center section of
the Donald Legg Memorial Bridge. It is
impracticable to publish an NPRM
because we must establish this safety
zone by August 24th, 2023, and lack
sufficient time to provide a reasonable
comment period and then 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 because
we must establish the safety zone by
August 24, 2023 in order to protect
personnel, vessels, and the marine
environment from the potential safety
hazards associated with the bridge
construction beginning 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
Captain of the Port Sector Ohio Valley
(COTP) has determined that safety
needs associated with construction
operations on the Donald Legg
Memorial Bridge on August 23, 2023,
and August 24, 2023, present a safety
concern. The purpose of this rulemaking
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
is to ensure the safety of the public
surrounding regulated area before,
during, and after the construction event.
IV. Discussion of the Rule
This rule establishes a safety zone that
will be enforced from 5:30 a.m. until 8
p.m. on August 24, 2023, and from 7
a.m. until 7 p.m. on August 25, 2023.
The safety zone will cover all navigable
waters between mile markers 41.5 to
42.5 on the Kanawha River. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the bridge span is being
added. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. A
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 Sector Ohio Valley
(COTP) in the enforcement of the safety
zone.
Persons or vessels seeking to enter the
safety zone must request permission
from the COTP on VHF–FM channel 16
or by telephone at 1–502–779–5424. If
permission is granted, all persons and
vessels shall comply with the
instructions of the COTP or designated
representative.
The COTP or a designated
representative will inform the public of
the enforcement times and date for this
safety zone through Broadcast Notices to
Mariners, Local Notices to Mariners,
and/or Safety Marine Information
Broadcasts as appropriate.
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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).
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This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated area.
This rule is limited to the Kanawha
River from mile 41.5 to 42.5 on August
23, 2023, and August 24, 2023, and will
be enforced only during the times
specified. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16 about
the regulated area and the rule allows
vessels to seek permission to enter the
area.
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.
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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
establishing a temporary safety zone on
the Kanawha River at mile 41.5 to 42.5
on August 23, 2023, and August 24,
2023. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
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, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0613 to read as
follows:
(156.8 MHz) by the call sign
‘‘PATCOM’’, or phone at 1–502–779–
5424. 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.
(3) The Patrol Commander may forbid
and control the movement of all vessels
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(4) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(5) The COTP will provide notice of
the regulated area through advanced
notice via local notice to mariners and
broadcast notice to mariners and by onscene designated representatives.
(d) Enforcement periods. This section
will be enforced from 5:30 a.m. to 8 p.m.
on August 23, 2023, and 6:30 a.m. to 7
p.m. on August 24, 2023.
Dated: July 25, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2023–16428 Filed 8–1–23; 8:45 am]
BILLING CODE 9110–04–P
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■
DEPARTMENT OF COMMERCE
§ 165.T08–0613 Safety Zone; Kanawha
River, Mile Markers 41.5 to 42.5 Nitro, WV.
Patent and Trademark Office
(a) Location. The following area is a
safety zone: all navigable waters of the
Kanawha River from mile marker 41.5 to
mile marker 42.5, extending the entire
width of the river.
(b) Definitions. Designated
representative means a Coast Guard
Patrol Commander (PATCOM),
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 Ohio Valley
(COTP) in the enforcement of the
regulations in this section.
(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.
The Coast Guard may patrol the event
area under the direction of a designated
Coast Guard Patrol Commander.
(2) To seek permission to enter, the
COTP or the COTP’s representative may
be contacted on Channel 16 VHF–FM
37 CFR Part 6
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[Docket No. PTO–T–2023–0032]
RIN 0651–AD70
International Trademark Classification
Changes
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule.
AGENCY:
The United States Patent and
Trademark Office (USPTO) issues this
final rule to incorporate classification
changes adopted by the Nice Agreement
Concerning the International
Classification of Goods and Services for
the Purposes of the Registration of
Marks (Nice Agreement). These changes
are listed in the International
Classification of Goods and Services for
the Purposes of the Registration of
Marks (Nice Classification), which is
published by the World Intellectual
Property Organization (WIPO), and will
become effective on January 1, 2024.
SUMMARY:
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50767
This rule is effective on January
1, 2024.
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, at 571–272–8946 or
TMPolicy@uspto.gov.
SUPPLEMENTARY INFORMATION:
Purpose: As noted above, this final
rule incorporates classification changes
adopted by the Nice Agreement that will
become effective on January 1, 2024.
Specifically, this rule modifies the class
heading for Class 3 to align the English
class heading with the French class
heading.
Summary of Major Provisions: The
USPTO is revising § 6.1 of 37 CFR part
6 to incorporate classification changes
and modifications, as listed in the Nice
Classification (12th ed., ver. 2024),
published by WIPO, that will become
effective on January 1, 2024.
The Nice Agreement is a multilateral
treaty, administered by WIPO, that
establishes the international
classification of goods and services for
the purposes of registering trademarks
and service marks. As of September 1,
1973, this international classification
system is the controlling system used by
the United States, and it applies, for all
statutory purposes, to all applications
filed on or after September 1, 1973, and
their resulting registrations. See 37 CFR
2.85(a). Every signatory to the Nice
Agreement must use the international
classification system.
Each state party to the Nice
Agreement is represented in the
Committee of Experts of the Nice Union
(Committee of Experts), which meets
annually to vote on proposed changes to
the Nice Classification. Any state that is
a party to the Nice Agreement may
submit proposals for consideration by
the other members of the Committee of
Experts, in accordance with agreedupon rules of procedure. Proposals are
currently submitted annually to an
electronic forum on the WIPO website,
where they are commented on,
modified, and compiled for further
discussion and voting at the annual
Committee of Experts meeting.
In 2013, the Committee of Experts
began annual revisions to the Nice
Classification. The annual revisions,
which are published electronically and
enter into force on January 1 each year,
are referred to as versions and identified
by an edition number and the year of
the effective date (e.g., ‘‘Nice
Classification, 10th ed., ver. 2013’’ or
‘‘NCL 10–2013’’). Each annual version
includes all changes adopted by the
Committee of Experts since the adoption
of the previous version. The changes
DATES:
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]]>Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50765-50767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16428]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0613]
RIN 1625-AA00
Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a half mile radius of the Donald Legg Memorial
Bridge. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by adding a
center section of the bridge. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective from 5:30 a.m. on August 24, 2023,
through 7 p.m. on August 25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0613 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 Petty Officer Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone 304-733-0198, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
impracticable. A safety zone is needed to alleviate safety concerns
associated with construction operations for the purpose of adding the
center section of the Donald Legg Memorial Bridge. It is impracticable
to publish an NPRM because we must establish this safety zone by August
24th, 2023, and lack sufficient time to provide a reasonable comment
period and then 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
because we must establish the safety zone by August 24, 2023 in order
to protect personnel, vessels, and the marine environment from the
potential safety hazards associated with the bridge construction
beginning 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 Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with construction operations on the Donald
Legg Memorial Bridge on August 23, 2023, and August 24, 2023, present a
safety concern. The purpose of this rulemaking
[[Page 50766]]
is to ensure the safety of the public surrounding regulated area
before, during, and after the construction event.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 5:30
a.m. until 8 p.m. on August 24, 2023, and from 7 a.m. until 7 p.m. on
August 25, 2023. The safety zone will cover all navigable waters
between mile markers 41.5 to 42.5 on the Kanawha River. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the bridge span is being
added. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A 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 Sector Ohio
Valley (COTP) in the enforcement of the safety zone.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
The COTP or a designated representative will inform the public of
the enforcement times and date for this safety zone through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Safety Marine
Information Broadcasts 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 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 time-of-day of the regulated area. This rule is
limited to the Kanawha River from mile 41.5 to 42.5 on August 23, 2023,
and August 24, 2023, and will be enforced only during the times
specified. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated area and the
rule allows vessels to seek permission to enter the area.
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
establishing a temporary safety zone on the Kanawha River at mile 41.5
to 42.5 on August 23, 2023, and August 24, 2023. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS
[[Page 50767]]
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
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, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Add Sec. 165.T08-0613 to read as follows:
Sec. 165.T08-0613 Safety Zone; Kanawha River, Mile Markers 41.5 to
42.5 Nitro, WV.
(a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 41.5 to mile marker 42.5,
extending the entire width of the river.
(b) Definitions. Designated representative means a Coast Guard
Patrol Commander (PATCOM), 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 Ohio Valley (COTP) in the enforcement of the regulations in this
section.
(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. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
(2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. 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.
(3) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(4) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(5) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
(d) Enforcement periods. This section will be enforced from 5:30
a.m. to 8 p.m. on August 23, 2023, and 6:30 a.m. to 7 p.m. on August
24, 2023.
Dated: July 25, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-16428 Filed 8-1-23; 8:45 am]
BILLING CODE 9110-04-P
