Safety Zone; Bay St. Louis, MS, 63525-63527 [2023-20099]
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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations
Order 13609 and has determined that
this action will have no effect on
international regulatory cooperation.
PART 91—GENERAL OPERATING AND
FLIGHT RULES
1. The authority citation for part 91
continues to read as follows:
■
IX. Additional Information
A. Electronic Access
Except for classified and controlled
unclassified material not authorized for
public release, all documents the FAA
considered in developing this rule,
including economic analyses and
technical reports, may be accessed from
the internet through the docket for this
rulemaking.
Those documents may be viewed
online at https://www.regulations.gov
using the docket number listed above. A
copy of this rule will be placed in the
docket. Electronic retrieval help and
guidelines are available on the website.
It is available 24 hours each day, 365
days each year. An electronic copy of
this document may also be downloaded
from the Office of the Federal Register’s
website at https://
www.federalregister.gov and the
Government Publishing Office’s website
at https://www.govinfo.gov. A copy may
also be found at the FAA’s Regulations
and Policies website at https://
www.faa.gov/regulations_policies.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9677.
B. Small Business Regulatory
Enforcement Fairness Act
ddrumheller on DSK120RN23PROD with RULES1
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Freight, North
Korea.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations, as follows:
15:49 Sep 14, 2023
Jkt 259001
2. Amend § 91.1615 by revising
paragraph (e) to read as follows:
■
§ 91.1615 Special Federal Aviation
Regulation No. 79—Prohibition Against
Certain Flights in the Pyongyang Flight
Information Region (FIR) (ZKKP).
*
*
*
*
*
(e) Expiration. This SFAR will remain
in effect until September 18, 2028. The
FAA may amend, rescind, or extend this
SFAR, as necessary.
Issued in Washington, DC, under the
authority of 49 U.S.C. 106(f) and (g),
40101(d)(1), 40105(b)(1)(A), and 44701(a)(5).
Polly Trottenberg,
Acting Administrator.
[FR Doc. 2023–20017 Filed 9–14–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
The Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA) (Pub. L. 104–121), requires
the FAA to comply with small entity
requests for information or advice about
compliance with statutes and
regulations within its jurisdiction. A
small entity with questions regarding
this document may contact its local
FAA official, or the persons listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
VerDate Sep<11>2014
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40103, 40105, 40113, 40120, 44101, 44111,
44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316,
46504, 46506–46507, 47122, 47508, 47528–
47531, 47534, Pub. L. 114–190, 130 Stat. 615
(49 U.S.C. 44703 note); articles 12 and 29 of
the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
[Docket Number USCG–2023–0632]
RIN 1625–AA00
Safety Zone; Bay St. Louis, MS
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters at the opening of Bay
St. Louis, extending the entire width of
the channel, approximately 1⁄2 mile
south of the Hwy 90 Bridge. This safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by the
2023 Swim Across the Bay. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized the Captain of the Port
Sector Mobile (COTP) or a designated
representative.
SUMMARY:
This rule is effective from 7 a.m.
through 10 a.m. on September 17, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
DATES:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
63525
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0632 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 Lawrence J. Schad,
Sector Mobile, Waterways Management
Division, U.S. Coast Guard; telephone
251–441–5678, email
sectormobilewaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. It is impracticable to publish an
NPRM because we must establish this
safety zone by September 17th, 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 is contrary to public interest
because it would delay the safety
measures necessary to respond to
potential safety hazards associated with
the 2023 Swim Across the Bay.
Immediate action is needed to protect
vessels and mariners from the safety
hazards associated with 2023 Swim
Across the Bay.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector Mobile
(COTP) has determined that potential
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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations
hazards associated with the 2023 Swim
Across the Bay on September 17th,
2023, will be a safety concern for any
vessels or persons at the opening of Bay
St. Louis, approximately 1⁄2 mile south
of the Hwy 90 Bridge in Bay St. Louis,
MS. This rule is needed to protect the
public, mariners, and vessels from the
potential hazards associated with the
2023 Swim Across the Bay.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary safety zone, effective from 7
a.m. to 10 a.m. on September 17, 2023.
The safety zone encompasses the
opening of Bay St. Louis, extending the
entire width of the channel,
approximately 1⁄2 mile south of the Hwy
90 Bridge in Bay St. Louis, MS. The
location and duration of this safety zone
is intended to protect persons and
vessels during the 2023 Swim Across
the Bay that will take place on this
navigable waterway. No person or vessel
will be permitted to enter or transit
within the safety zone, unless
specifically authorized by the COTP or
a designated representative. Public
notifications will be made to the local
maritime community through Broadcast
Notice to Mariners (BNM). To enter the
zone, mariners and other members of
the public must also contact the COTP
or designated representative to ask
permission to enter the safety zone on
VHF–FM channels 15 and 16 or by
telephone at 251–382–8653. If
permission is granted, all persons and
vessels must comply with the
instructions of the COTP or designated
representative.
ddrumheller on DSK120RN23PROD with RULES1
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action, under
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
VerDate Sep<11>2014
15:49 Sep 14, 2023
Jkt 259001
duration, of the safety zone. This
temporary safety zone will only restrict
navigation for 3 hours near the opening
of Bay St. Louis, approximately 1⁄2 mile
south of the Hwy. 90 Bridge in Bay St.
Louis, MS, extending the entire width of
the channel. Moreover, the Coast Guard
will issue a Local Notice to Mariners
(LNM) 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 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
PO 00000
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Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit mariners and the
public near the opening of Bay St.
Louis, extending the entire width of the
channel approximately 1⁄2 mile south of
the Hwy 90 Bridge in Bay St. Louis, MS.
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
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Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under 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.
Coast Guard
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add§ 165.T08–0632 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
DEPARTMENT OF HOMELAND
SECURITY
Safety Zone; Wilmington River,
Savannah, GA
1. The authority citation for part 165
continues to read as follows:
Safety Zone; Bay St.
(a) Location. The following area is a
safety zone: the opening of Bay St.
Louis, extending the entire width of the
channel, approximately 1⁄2 mile south of
the Hwy 90 Bridge in Bay St. Louis, MS.
(b) Enforcement period. This section
will be enforced on September 17, 2023
from 7 a.m. through 10 a.m.
(c) Regulations. (1) The general
regulations contained in § 165.23 as
well as the regulations in this section
apply to the regulated area.
(2) Entry into the zone described in
paragraph (a) of this section is
prohibited unless authorized by the
Captain of the Port Sector Mobile
(COTP) or a designated representative.
(3) Persons or vessels seeking to enter
into or transit through the zone must
request permission from the COTP or a
designated representative. They may be
contacted on VHF–FM channels 15 and
16 or by telephone at 251–441–5678.
(4) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP or
designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
Jkt 259001
BILLING CODE 9110–04–P
RIN 1625–AA00
■
15:49 Sep 14, 2023
[FR Doc. 2023–20099 Filed 9–14–23; 8:45 am]
[Docket Number USCG–2023–0466]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
Dated: September 11, 2023.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
33 CFR Part 165
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:
§ 165.T08–0632
Louis, MS.
will inform the public through
broadcast notices to mariners of the
enforcement period for the safety zone.
The Coast Guard is
establishing a temporary safety zone
encompassing the Causton Bluff Bridge,
on the Wilmington River, Savannah,
GA. This action is necessary to provide
for the safety of life on these navigable
waters for the planned demolition and
removal of structural components of the
original bridge, in preparation of the
construction of a new span. This
rulemaking would prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Savannah or a designated
representative.
SUMMARY:
This temporary interim rule is
effective from 12:01 a.m. on September
18, 2023, through 11:59 p.m. on
November 20, 2023.
ADDRESSES: You may submit comments
under docket number USCG–2023–0466
using the Federal Decision-Making
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
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 ext. 240,
Anthony.E.Harris@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
63527
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 interim 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 temporary interim
rule because doing so would be
impracticable. This safety zone must be
established by September 18, 2023, in
order to protect vessels and waterway
users from the potential hazards
associated with demolition operations
on the Causton Bluff Bridge. We lack
sufficient time to provide a reasonable
comment period and then to consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary interim rule
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this
temporary interim rule would be
contrary to the public’s interest because
we must ensure the protection of vessels
and waterway users during the
demolition operations.
We are soliciting comments on this
rulemaking. If we determine that
changes to this rulemaking action are
necessary, the Coast Guard will consider
comments received in a subsequent
temporary interim rule or temporary
final rule.
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 Savannah (COTP)
has determined that potential hazards
associated with the demolition
operations of the Causton Bluff Bridge.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the demolition project
continues.
IV. Discussion of the Rule
This rule establishes a safety zone
from September 18, 2023, until
November 20, 2023. A fixed temporary
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]]>Agencies
[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63525-63527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20099]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0632]
RIN 1625-AA00
Safety Zone; Bay St. Louis, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters at the opening of Bay St. Louis, extending the entire
width of the channel, approximately \1/2\ mile south of the Hwy 90
Bridge. This safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the 2023 Swim
Across the Bay. Entry of vessels or persons into this zone is
prohibited unless specifically authorized the Captain of the Port
Sector Mobile (COTP) or a designated representative.
DATES: This rule is effective from 7 a.m. through 10 a.m. on September
17, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0632 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 Lawrence J. Schad, Sector Mobile, Waterways
Management Division, U.S. Coast Guard; telephone 251-441-5678, 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 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable and
contrary to the public interest. It is impracticable to publish an NPRM
because we must establish this safety zone by September 17th, 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 is contrary to public interest because it would delay the
safety measures necessary to respond to potential safety hazards
associated with the 2023 Swim Across the Bay. Immediate action is
needed to protect vessels and mariners from the safety hazards
associated with 2023 Swim Across the Bay.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Mobile (COTP) has determined that
potential
[[Page 63526]]
hazards associated with the 2023 Swim Across the Bay on September 17th,
2023, will be a safety concern for any vessels or persons at the
opening of Bay St. Louis, approximately \1/2\ mile south of the Hwy 90
Bridge in Bay St. Louis, MS. This rule is needed to protect the public,
mariners, and vessels from the potential hazards associated with the
2023 Swim Across the Bay.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone, effective
from 7 a.m. to 10 a.m. on September 17, 2023. The safety zone
encompasses the opening of Bay St. Louis, extending the entire width of
the channel, approximately \1/2\ mile south of the Hwy 90 Bridge in Bay
St. Louis, MS. The location and duration of this safety zone is
intended to protect persons and vessels during the 2023 Swim Across the
Bay that will take place on this navigable waterway. No person or
vessel will be permitted to enter or transit within the safety zone,
unless specifically authorized by the COTP or a designated
representative. Public notifications will be made to the local maritime
community through Broadcast Notice to Mariners (BNM). To enter the
zone, mariners and other members of the public must also contact the
COTP or designated representative to ask permission to enter the safety
zone on VHF-FM channels 15 and 16 or by telephone at 251-382-8653. If
permission is granted, all persons and vessels must comply with the
instructions of the COTP or 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. This temporary safety zone
will only restrict navigation for 3 hours near the opening of Bay St.
Louis, approximately \1/2\ mile south of the Hwy. 90 Bridge in Bay St.
Louis, MS, extending the entire width of the channel. Moreover, the
Coast Guard will issue a Local Notice to Mariners (LNM) 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
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit mariners and the public near the opening
of Bay St. Louis, extending the entire width of the channel
approximately \1/2\ mile south of the Hwy 90 Bridge in Bay St. Louis,
MS. 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
[[Page 63527]]
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. AddSec. 165.T08-0632 to read as follows:
Sec. 165.T08-0632 Safety Zone; Bay St. Louis, MS.
(a) Location. The following area is a safety zone: the opening of
Bay St. Louis, extending the entire width of the channel, approximately
\1/2\ mile south of the Hwy 90 Bridge in Bay St. Louis, MS.
(b) Enforcement period. This section will be enforced on September
17, 2023 from 7 a.m. through 10 a.m.
(c) Regulations. (1) The general regulations contained in Sec.
165.23 as well as the regulations in this section apply to the
regulated area.
(2) Entry into the zone described in paragraph (a) of this section
is prohibited unless authorized by the Captain of the Port Sector
Mobile (COTP) or a designated representative.
(3) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM channels 15 and 16 or
by telephone at 251-441-5678.
(4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone.
Dated: September 11, 2023.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2023-20099 Filed 9-14-23; 8:45 am]
BILLING CODE 9110-04-P
