Safety Zone; Atlantic Ocean, Tybee Island, GA, 62461-62463 [2023-19559]
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Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
Baldwin Field (previously Quincy
Municipal Baldwin Field) and the name
of Quincy RGNL-Baldwin FLD: RWY
04—Marker Beacon (previously Quincy
LOM/NDB) to coincide with the FAA’s
aeronautical database.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR 71
Airspace, Incorporation by reference,
Navigation (air).
effective September 15, 2022, is
amended as follows:
Paragraph 6002 Class E Airspace Areas
Designated as a Surface Area.
*
*
*
*
*
AGL IL E2 Quincy, IL [Amended]
Quincy Regional Airport-Baldwin Field, IL
(Lat 39°56′32″ N, long 91°11′33″ W)
Within a 4.3-mile radius of Quincy
Regional Airport-Baldwin Field. This Class E
airspace area is effective during the specific
dates and times established in advance by a
Notice to Air Missions. The effective dates
and times will thereafter be continuously
published in the Chart Supplement.
*
*
*
*
*
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AGL IL E5 Quincy, IL [Amended]
Quincy Regional Airport-Baldwin Field
Airport, IL
(Lat 39°56′32″ N, long 91°11′33″ W)
Quincy RGNL-Baldwin FLD: RWY 04—
Marker Beacon
(Lat 39°53′13″ N, long 91°15′13″ W)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of Quincy Regional Airport-Baldwin
Field; and within 4 miles each side of the
220° bearing from the Quincy RGNL-Baldwin
FLD: RWY 04—Marker Beacon extending
from the 6.8-mile radius of the Quincy
Regional Airport-Baldwin Field to 9.8 miles
southwest of the Quincy RGNL-Baldwin FLD:
RWY 04—Marker Beacon.
*
*
*
*
*
Issued in Fort Worth, Texas, on September
6, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2023–19546 Filed 9–11–23; 8:45 am]
BILLING CODE 4910–13–P
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
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■
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.
§ 71.1
[Amended]
16:24 Sep 11, 2023
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0709]
RIN 1625–AA00
Safety Zone; Atlantic Ocean, Tybee
Island, GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Savannah River
during the Air National Guard F–22A
Raptor aircraft demonstration event. The
SUMMARY:
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
■
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
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62461
safety zone is necessary to ensure the
safety of persons, vessels, and the
marine environment during the event.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Savannah or a designated
representative.
DATES: This rule is effective from 10
a.m. through 1 p.m. on September 13,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0709 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 Lieutenant Junior Grade Anthony
Harris, Shoreside Compliance, Marine
Safety Unit Savannah, U.S. Coast Guard;
telephone 912–652–4353, email
Anthony.E.Harris@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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 final 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 doing
so would be impracticable and contrary
to the public interest. The Coast Guard
did not receive final details of the event
until August 22, 2023, and the event is
scheduled to take place on September
13, 2023. The event would begin before
the rulemaking process would be
completed. Because of the dangers
posed by the aerial demonstration of the
Air National Guard’s F–22A Raptor
aircraft, a safety zone is necessary
without delay to ensure the safety of
persons, vessels, and the marine
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Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
environment. It is impracticable and
contrary to the public interest to delay
this rule because it is necessary to
protect personnel, vessels, and the
marine environment from potential
hazards created by the aerial
demonstration of the F–22A Raptor
aircraft.
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 it is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created by the aerial demonstration of
the F–22A Raptor aircraft.
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 (COTP) Savannah
has determined that potential hazards
associated with the Air National Guard’s
aerial demonstration of the F–22A
Raptor aircraft will be a safety concern
for anyone located within Tybee Island
and certain waters of the navigable
waters of the Savannah River. This rule
is necessary to ensure the safety of
persons, vessels, and the marine
environment during the Air National
Guard’s F–22A Raptor demonstration
event.
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IV. Discussion of the Rule
This rule establishes a safety zone on
on certain navigable waters located
within the line connecting points
beginning at 31°59′43.62″ N,
080°49′58.74″ W, thence to 31°58′56.66″
N, 080°50′16.73″ W, thence to
31°59′5.73″ N, 080°50′49.50″ W, thence
to 31°59′52.64″ N, 080°50′31.52″ W, and
back to the beginning point, during the
Air National Guard’s aerial
demonstration of the F–22A Raptor
aircraft. The safety zone will be
enforced from 10:00 a.m. to 1:00 p.m. on
September 13, 2023. No person or vessel
will be permitted to enter, transit
through, anchor in, or remain within the
safety zone without obtaining
permission from the COTP or a
designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP or a designated
representative. The Coast Guard will
provide notice of the safety zone by
Broadcast Notice to Mariners, and/or by
on-scene designated representatives.
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16:24 Sep 11, 2023
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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).
This regulatory action determination
is based on the location, duration, and
time-of-day of the safety zone. This rule
involves a safety zone that will prohibit
persons and vessels from entering,
transiting through, anchoring in, or
remaining within a limited area on the
navigable waters of the Atlantic Ocean
during an aerial demonstration lasting
three hours. Although persons and
vessels may not enter, transit through,
anchor in, or remain within the zone
without authorization from the COTP or
a designated representative, they will be
able to safely transit around the safety
zone. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
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 would 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.
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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 contact 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
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Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations
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 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 that will prohibit persons and
vessels from entering, transiting
through, anchoring in, or remaining
within a limited area on the navigable
waters of the Atlantic Ocean located
within the line connecting points
beginning at 31°59′43.62″ N,
080°49′58.74″ W, thence to 31°58′56.66″
N, 080°50′16.73″ W, thence to
31°59′5.73″ N, 080°50′49.50″ W, thence
to 31°59′52.64″ N, 080°50′31.52″ W, and
back to the beginning point, during Air
National Guard’s aerial demonstration
of the F–22A Raptor aircraft lasting
three hours. 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.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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:
VerDate Sep<11>2014
16:24 Sep 11, 2023
Jkt 259001
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.T07–0709 to read as
follows:
■
§ 165.T07–0709 Safety Zone; Atlantic
Ocean, Tybee Island, GA.
(a) Location. The following regulated
area is a safety zone: All waters of the
Atlantic Ocean, located within the line
connecting points beginning at
31°59′43.62″ N, 080°49′58.74″ W, thence
to 31°58′56.66″ N, 080°50′16.73″ W,
thence to 31°59′5.73″ N, 080°50′49.50″
W, thence to 31°59′52.64″ N,
080°50′31.52″ W, and back to the
beginning point. All coordinates are
World Geodetic System 1984 (WGS 84).
(b) Definition. As used in this section,
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 Savannah (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
described in paragraph (a) of this
section unless authorized by the COTP
or a designated representative.
(2) Persons or vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone may
contact COTP by telephone at 912–247–
0073, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Savannah or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Broadcast
Notice to Mariners via VHF–FM channel
16, and/or by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 10 a.m. to 1 p.m.
on September 13, 2023.
Dated: September 1, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of
the Port Savannah.
[FR Doc. 2023–19559 Filed 9–11–23; 8:45 am]
BILLING CODE 9110–04–P
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62463
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
37 CFR Parts 2 and 7
[Docket No. PTO–T–2021–0008]
RIN 0651–AD71
Changes To Implement Provisions of
the Trademark Modernization Act of
2020; Delay of Effective Date
United States Patent and
Trademark Office, U.S. Department of
Commerce.
ACTION: Final rule; delay of effective
date.
AGENCY:
On November 17, 2021, the
United States Patent and Trademark
Office (USPTO) published in the
Federal Register a final rule amending
its regulations to implement provisions
of the Trademark Modernization Act of
2020 (TMA) concerning new response
periods and extensions in the
examination of post-registration filings.
Those provisions had an effective date
of December 1, 2022. On October 13,
2022, the provisions regarding
responses and extensions in the
examination of post-registration filings
were subsequently delayed until
October 7, 2023. This notice further
delays the provisions that address the
post-registration provisions until the
spring or early summer of 2024.
DATES: As of September 12, 2023, the
effective date for amendatory
instructions 29, 30, 31, 33, 34, 37, 38,
and 39 amending 37 CFR 2.163, 2.165,
2.176, 2.184, 2.186, 7.6, 7.39, and 7.40,
respectively, in the final rule published
at 86 FR 64300 on November 17, 2021,
delayed at 87 FR 62032 on October 13,
2022, is delayed indefinitely. Also, as of
September 12, 2023, the effective date of
the amendment to 37 CFR 2.6 in the
final rule published at 87 FR 62032 on
October 13, 2022, is delayed
indefinitely. The USPTO will publish a
forthcoming Federal Register document
announcing a new effective date.
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, at 571–272–8946.
You can also send inquiries to
TMFRNotices@uspto.gov.
SUPPLEMENTARY INFORMATION: On
November 17, 2021, the USPTO
published in the Federal Register a final
rule amending the Rules of Practice in
Trademark Cases to implement
provisions of the TMA. See Changes To
Implement Provisions of the Trademark
Modernization Act of 2020 (86 FR
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Rules and Regulations]
[Pages 62461-62463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19559]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0709]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Tybee Island, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Savannah River during the Air National Guard F-
22A Raptor aircraft demonstration event. The safety zone is necessary
to ensure the safety of persons, vessels, and the marine environment
during the event. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Savannah or a designated representative.
DATES: This rule is effective from 10 a.m. through 1 p.m. on September
13, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0709 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 Lieutenant Junior Grade Anthony Harris, Shoreside
Compliance, Marine Safety Unit Savannah, U.S. Coast Guard; telephone
912-652-4353, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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 final 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 doing so would be impracticable and
contrary to the public interest. The Coast Guard did not receive final
details of the event until August 22, 2023, and the event is scheduled
to take place on September 13, 2023. The event would begin before the
rulemaking process would be completed. Because of the dangers posed by
the aerial demonstration of the Air National Guard's F-22A Raptor
aircraft, a safety zone is necessary without delay to ensure the safety
of persons, vessels, and the marine
[[Page 62462]]
environment. It is impracticable and contrary to the public interest to
delay this rule because it is necessary to protect personnel, vessels,
and the marine environment from potential hazards created by the aerial
demonstration of the F-22A Raptor aircraft.
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 it is necessary to protect
personnel, vessels, and the marine environment from potential hazards
created by the aerial demonstration of the F-22A Raptor aircraft.
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 (COTP) Savannah has determined that
potential hazards associated with the Air National Guard's aerial
demonstration of the F-22A Raptor aircraft will be a safety concern for
anyone located within Tybee Island and certain waters of the navigable
waters of the Savannah River. This rule is necessary to ensure the
safety of persons, vessels, and the marine environment during the Air
National Guard's F-22A Raptor demonstration event.
IV. Discussion of the Rule
This rule establishes a safety zone on on certain navigable waters
located within the line connecting points beginning at
31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to 31[deg]58'56.66''
N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73'' N,
080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N, 080[deg]50'31.52''
W, and back to the beginning point, during the Air National Guard's
aerial demonstration of the F-22A Raptor aircraft. The safety zone will
be enforced from 10:00 a.m. to 1:00 p.m. on September 13, 2023. No
person or vessel will be permitted to enter, transit through, anchor
in, or remain within the safety zone without obtaining permission from
the COTP or a designated representative. If authorization to enter,
transit through, anchor in, or remain within the safety zone is granted
by the COTP or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
COTP or a designated representative. The Coast Guard will provide
notice of the safety zone by Broadcast Notice to Mariners, and/or by
on-scene designated representatives.
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 location,
duration, and time-of-day of the safety zone. This rule involves a
safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of the Atlantic Ocean during an aerial
demonstration lasting three hours. Although persons and vessels may not
enter, transit through, anchor in, or remain within the zone without
authorization from the COTP or a designated representative, they will
be able to safely transit around the safety zone. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.
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
would 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
contact 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
[[Page 62463]]
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
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 that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable waters of the Atlantic Ocean located within the line
connecting points beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74''
W, thence to 31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to
31[deg]59'5.73'' N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64''
N, 080[deg]50'31.52'' W, and back to the beginning point, during Air
National Guard's aerial demonstration of the F-22A Raptor aircraft
lasting three hours. 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 contact 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.T07-0709 to read as follows:
Sec. 165.T07-0709 Safety Zone; Atlantic Ocean, Tybee Island, GA.
(a) Location. The following regulated area is a safety zone: All
waters of the Atlantic Ocean, located within the line connecting points
beginning at 31[deg]59'43.62'' N, 080[deg]49'58.74'' W, thence to
31[deg]58'56.66'' N, 080[deg]50'16.73'' W, thence to 31[deg]59'5.73''
N, 080[deg]50'49.50'' W, thence to 31[deg]59'52.64'' N,
080[deg]50'31.52'' W, and back to the beginning point. All coordinates
are World Geodetic System 1984 (WGS 84).
(b) Definition. As used in this section, 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 Savannah (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or a designated representative.
(2) Persons or vessels desiring to enter, transit through, anchor
in, or remain within the safety zone may contact COTP by telephone at
912-247-0073, or a designated representative via VHF radio on channel
16, to request authorization. If authorization is granted, all persons
and vessels receiving such authorization must comply with the
instructions of the COTP Savannah or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 10 a.m.
to 1 p.m. on September 13, 2023.
Dated: September 1, 2023.
Nathaniel L. Robinson,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2023-19559 Filed 9-11-23; 8:45 am]
BILLING CODE 9110-04-P
