Safety Zone; HBPW James DeYoung Powerplant Explosive Demolition; Macatawa, 54237-54239 [2023-17168]
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Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Rules and Regulations
information or documentation necessary
to verify the accuracy or resolve
problems regarding the reported import
transaction.
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7. Amend § 30.71 by revising the note
to paragraph (b) to read as follows:
■
§ 30.71 False or fraudulent reporting on or
misuse of the Automated Export System.
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Note 1 to paragraph (b): The civil
monetary penalties are adjusted for inflation
annually based on The Federal Civil
Penalties Inflation Adjustment Act of 1990
(Pub. L. 101–410; 28 U.S.C. 2461), as
amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104–134)
and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015
(Section 701 of Pub. L. 114–74). In
accordance with this Act, as amended, the
penalties in title 13, chapter 9, sections 304
and 305(b), United States Code are adjusted
and published each year in the Federal
Register no later than January 15th.
8. Amend § 30.74 by revising
paragraph (c)(5) to read as follows:
■
§ 30.74
Voluntary self-disclosure.
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(c) * * *
(5) Where to make voluntary selfdisclosures. The information
constituting a Voluntary Self-Disclosure
II. Postdeparture Citation—USPPI, USPPI is filing the EEI .....................
III. Postdeparture Citation—Agent, Agent is filing the EEI ......................
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[FR Doc. 2023–16970 Filed 8–9–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0634]
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
Coast Guard, DHS.
Notification of enforcement of
regulations.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone that encompasses certain
navigable waters on Lake Erie, for D-Day
Conneaut, in Conneaut, OH. This action
is necessary and intended for the safety
of life and property on navigable waters
during this event. During the
enforcement period, no person or vessel
may enter the respective safety zone
without the permission of the Captain of
the Port Buffalo or a designated
representative.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
The regulations in 33 CFR
165.939, entry (c)(2) of Table to
§ 165.939, will be enforced from 1:45
p.m. through 5:45 p.m. each day from
August 17, 2023, through August 19,
2023.
DATES:
VerDate Sep<11>2014
15:45 Aug 09, 2023
Jkt 259001
If
you have questions about this notice of
enforcement, call or email Lieutenant
Jared Stevens, Waterways Management
Division, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce Safety Zones;
Annual Events in the Captain of the Port
Buffalo Zone, as listed in 33 CFR
165.939, Table 165.939(c)(2) in
Conneaut, OH on all U.S. waters of
Conneaut Township Park, Lake Erie,
within an area starting at 41°57.71′ N,
080°34.18′ W, to 41°58.36′ N, 080°34.17′
W, to 41°58.53′ N, 080°33.55′ W, to
41°58.03′ N, 080°33.72′ W (NAD 83),
and returning to the point of origin.
Pursuant to 33 CFR 165.23, entry into,
transiting, or anchoring within the
safety zone during an enforcement
period is prohibited unless authorized
by the Captain of the Port Buffalo or a
designated representative. Those
seeking permission to enter the safety
zone may request permission from the
Captain of Port Buffalo via channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Buffalo or his designated
representative. While within a safety
zone, all vessels shall operate at the
minimum speed necessary to maintain a
safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
PO 00000
Frm 00015
Fmt 4700
or any other correspondence pertaining
to a Voluntary Self-Disclosure may be
submitted to the U.S. Census Bureau,
Branch Chief, Trade Regulations Branch
by methods permitted by the Census
Bureau. See www.census.gov/trade for
more details.
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■ 9. Amend appendix B by revising the
entries for ‘‘II. Postdeparture Citation—
USPPI’’ and ‘‘III. Postdeparture
Citation–Agent’’ to read as follows
Appendix B to Part 30—AES Filing
Citation, Exemption and Exclusion
Legend
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AESPOST USPPI Identification Number Date of Export (mm/dd/yyyy).
Example: AESPOST 12345678912 01/01/2017.
AESPOST USPPI Identification Number—Filer ID Date of Export (mm/
dd/yyyy).
Example: AESPOST 12345678912—987654321 01/01/2017.
FOR FURTHER INFORMATION CONTACT:
Dated: August 3, 2023.
Shannon Wink,
Program Analyst, Policy Coordination Office,
U.S. Census Bureau.
54237
Sfmt 4700
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice, they
may use a Broadcast Notice to Mariners
to grant general permission to enter the
respective safety zone. This notification
is being issued by the Coast Guard
Sector Buffalo Prevention Department
Head at the direction of the Captain of
the Port.
Dated: August 2, 2023.
Jeff B. Bybee,
Commander, U.S. Coast Guard, Sector Buffalo
Prevention Department Head.
[FR Doc. 2023–17167 Filed 8–9–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0607]
RIN 1625–AA87
Safety Zone; HBPW James DeYoung
Powerplant Explosive Demolition;
Macatawa
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a safety zone for the James
DeYoung Powerplant Explosive
Demolition on August 10, 2023. This
safety zone is located on all waters of
SUMMARY:
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54238
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Rules and Regulations
the Macatawa River within a circle with
a 1000-foot radius from the demolition
site located at the James DeYoung
Powerplant in position 42°47.726′ N
086°6.81′ W. During the enforcement
period, the operator of any vessel in the
regulated area must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
DATES: This rule is effective from 8:30
a.m. through 9:45 a.m. August 10, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0607 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
ensure the safety vessels during the
James DeYoung Powerplant Explosive
Demolition on August 10, 2023.
If
you have questions about this rule, call
or email Petty Officer Brianna Southard,
USCG SECTOR Lake Michigan—
Waterways Management Division, U. S.
Coast Guard; telephone 414–747–7188,
email D09-SMB-SECLakeMichiganWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:30 a.m. until 9:45 a.m. on August
10, 2023. The safety zone will cover all
navigable waters within a 1000-foot
radius of position 42°47.726′ N
086°6.81′ W in the vicinity of the James
DeYoung Powerplant on the Macatawa
River, Holland, MI. The duration of the
zone is intended to protect personnel,
vessels, and the marine environment in
these navigable waters during the
demolition. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
FOR FURTHER INFORMATION CONTACT:
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
ddrumheller on DSK120RN23PROD with RULES1
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 changed the date of the
demolition and did not provide the
Captain of the Port enough notice to
accommodate the comment period. It is
impracticable to conduct a notice-andcomment rulemaking and have this
temporary rule in place by August 10,
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
VerDate Sep<11>2014
15:45 Aug 09, 2023
Jkt 259001
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 Lake
Michigan (COTP) has determined that
potential hazards associated with the
explosive demolition, will be a safety
concern for anyone within a 1000-foot
radius of the demolition site. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
during the demolition.
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 and
duration of the safety zone. The safety
zone will impact a small part of the
waterway and is designed to minimize
impact on navigable waters. This rule
will prohibit entry into certain
PO 00000
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Fmt 4700
Sfmt 4700
navigable waters of Macatawa River in
Holland, MI, and is not anticipated to
exceed 1 hour in duration. Moreover,
under certain conditions vessels may
still transit through the safety zone
when permitted by the COTP Lake
Michigan.
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).
E:\FR\FM\10AUR1.SGM
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Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
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.
ddrumheller on DSK120RN23PROD with RULES1
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 safety
zone with a 1000-foot radius on the
Macatawa River around position
42°47.726′ N 086°6.81′ W on August 10,
2023, from 8:30 a.m. until 9:45 a.m. 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
VerDate Sep<11>2014
15:45 Aug 09, 2023
Jkt 259001
on locating the docket, see the
section of this preamble.
enforcement of the safety zone at any
time.
G. Protest Activities
Dated: August 4, 2023.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
ADDRESSES
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.
54239
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 set out in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0607 to read as
follows:
■
§ 165.T09–0607 Safety Zone; Macatawa
River, Holland, MI.
(a) Location. Holland, MI. In the
vicinity of the James DeYoung Power
Plant near the Macatawa River within
1000-feet of the demolition site in
position 42°47.726′ N 086°6.8′ W.
(b) Regulations. The following
regulations apply to this safety zone.
(1) The general regulations in
§ 165.23.
(2) All vessels must obtain permission
from the Captain of the Port (COTP)
Lake Michigan or his or her designated
representative to enter, move within, or
exit a safety zone established in this
section when the safety zone is
enforced. Vessels and persons granted
permission to enter one of the safety
zones listed in this section must obey all
lawful orders or directions of the COTP
Lake Michigan or his or her designated
representative. Upon being hailed by the
U.S. Coast Guard by siren, radio,
flashing light or other means, the
operator of a vessel must proceed as
directed.
(c) Enforcement period. The
regulation in this section will be
enforced from 8:30 a.m. through 9:45
a.m. on August 10, 2023. The Captain of
the Port Sector Lake Michigan, or a
designated representative may suspend
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[FR Doc. 2023–17168 Filed 8–9–23; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Intelligent Mail Package Barcode
Compliance Quality
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is
amending Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®) to add an
additional Intelligent Mail® package
barcode (IMpb®) validation under the
‘‘Barcode Quality’’ compliance category.
DATES: Effective October 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Steven Jarboe at (202) 268–7690, Devin
Qualls at (202) 268–3287, or Garry
Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: On June
28, 2023, the Postal Service published a
notice of proposed rulemaking (88 FR
41871–41872) to add an additional
IMpb validation. In response to the
proposed rule, the Postal Service did
not receive any formal comments.
The Postal Service is adding a third
validation under the ‘‘Barcode Quality’’
compliance category that will require
that an IMpb must include a valid,
unique 3-digit STC that accurately
represents the mail class, product, and
service combination on the physical
label affixed to the package.
Additionally, the IMpb on the package
must also correspond with electronic
package level details and Extra Services
Code(s) contained within the Shipping
Services File (SSF). Any variance in the
data presented in the electronic
submission of a parcel or a variance
with the physical aspect of the label
affixed to a parcel presented for mailing
will be subject to the IMpb
noncompliance fee if a mailer falls
below the 98 percent threshold.
We believe this revision will ensure
IMpb quality enabling the Postal Service
to provide customers with a more
efficient mailing experience.
The Postal Service adopts the
described changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Rules and Regulations]
[Pages 54237-54239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17168]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0607]
RIN 1625-AA87
Safety Zone; HBPW James DeYoung Powerplant Explosive Demolition;
Macatawa
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for the James
DeYoung Powerplant Explosive Demolition on August 10, 2023. This safety
zone is located on all waters of
[[Page 54238]]
the Macatawa River within a circle with a 1000-foot radius from the
demolition site located at the James DeYoung Powerplant in position
42[deg]47.726' N 086[deg]6.81' W. During the enforcement period, the
operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or any Official Patrol displaying
a Coast Guard ensign.
DATES: This rule is effective from 8:30 a.m. through 9:45 a.m. August
10, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0607 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 about this rule,
call or email Petty Officer Brianna Southard, USCG SECTOR Lake
Michigan--Waterways Management Division, U. S. Coast Guard; telephone
414-747-7188, 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 the event sponsor changed the date of
the demolition and did not provide the Captain of the Port enough
notice to accommodate the comment period. It is impracticable to
conduct a notice-and-comment rulemaking and have this temporary rule in
place by August 10, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
ensure the safety vessels during the James DeYoung Powerplant Explosive
Demolition on August 10, 2023.
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 Lake Michigan (COTP) has
determined that potential hazards associated with the explosive
demolition, will be a safety concern for anyone within a 1000-foot
radius of the demolition site. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the demolition.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 a.m. until 9:45 a.m.
on August 10, 2023. The safety zone will cover all navigable waters
within a 1000-foot radius of position 42[deg]47.726' N 086[deg]6.81' W
in the vicinity of the James DeYoung Powerplant on the Macatawa River,
Holland, MI. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the demolition. No vessel or person will be permitted to enter 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 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
and duration of the safety zone. The safety zone will impact a small
part of the waterway and is designed to minimize impact on navigable
waters. This rule will prohibit entry into certain navigable waters of
Macatawa River in Holland, MI, and is not anticipated to exceed 1 hour
in duration. Moreover, under certain conditions vessels may still
transit through the safety zone when permitted by the COTP Lake
Michigan.
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).
[[Page 54239]]
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 safety
zone with a 1000-foot radius on the Macatawa River around position
42[deg]47.726' N 086[deg]6.81' W on August 10, 2023, from 8:30 a.m.
until 9:45 a.m. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out 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.T09-0607 to read as follows:
Sec. 165.T09-0607 Safety Zone; Macatawa River, Holland, MI.
(a) Location. Holland, MI. In the vicinity of the James DeYoung
Power Plant near the Macatawa River within 1000-feet of the demolition
site in position 42[deg]47.726' N 086[deg]6.8' W.
(b) Regulations. The following regulations apply to this safety
zone.
(1) The general regulations in Sec. 165.23.
(2) All vessels must obtain permission from the Captain of the Port
(COTP) Lake Michigan or his or her designated representative to enter,
move within, or exit a safety zone established in this section when the
safety zone is enforced. Vessels and persons granted permission to
enter one of the safety zones listed in this section must obey all
lawful orders or directions of the COTP Lake Michigan or his or her
designated representative. Upon being hailed by the U.S. Coast Guard by
siren, radio, flashing light or other means, the operator of a vessel
must proceed as directed.
(c) Enforcement period. The regulation in this section will be
enforced from 8:30 a.m. through 9:45 a.m. on August 10, 2023. The
Captain of the Port Sector Lake Michigan, or a designated
representative may suspend enforcement of the safety zone at any time.
Dated: August 4, 2023.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2023-17168 Filed 8-9-23; 8:45 am]
BILLING CODE 9110-04-P
