Special Local Regulations; Marine Events Within the Captain of the Port of Charleston, 65131-65132 [2023-20460]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations investigations to be continuously reinvestigated. (B) Subsection (c)(4), (d)(3) and (4). These subsections are inapplicable to the extent that an exemption is being claimed from subsections (d)(1) and (2). Accordingly, exemption from subsection (c)(4) is claimed pursuant to (j)(2) and exemptions from subsections (d)(3) and (d)(4) are claimed pursuant to (j)(2), (k)(1), (k)(2), and (k)(5). (C) Subsection (e)(1). In the collection of information for investigatory and law enforcement purposes it is not always possible to conclusively determine the relevance and necessity of particular information in the early stages of the investigation or adjudication. In some instances, it will be only after the collected information is evaluated in light of other information that its relevance and necessity for effective investigation and adjudication can be assessed. Collection of such information permits more informed decision-making by the Department when making required disciplinary and prosecutorial determinations. Additionally, records within this system may be properly classified pursuant to Executive order. Accordingly, application of exemptions (j)(2), (k)(1), (k)(2), and (k)(5) may be necessary. (D) Subsection (e)(2). To collect information from the subject individual could serve notice that he or she is the subject of a criminal investigation and thereby present a serious impediment to such investigations. Collection of information only from the individual accused of criminal activity or misconduct could also subvert discovery of relevant evidence and subvert the course of justice. Accordingly, application of exemption (j)(2) may be necessary. (E) Subsection (e)(3). To inform individuals as required by this subsection could reveal the existence of a criminal investigation and compromise investigative efforts. Accordingly, application of exemption (j)(2) may be necessary. (F) Subsection (e)(4)(G) and (H). These subsections are inapplicable to the extent exemption is claimed from subsections (d)(1) and (2). Accordingly, application of exemptions (j)(2), (k)(1), (k)(2), and (k)(5) may be necessary. (G) Subsection (e)(4)(I). To the extent that this provision is construed to require more detailed disclosure than the broad, generic information currently published in the system notice, an exemption from this provision is necessary to protect the confidentiality of sources of information and to protect the privacy and physical safety of witnesses and informants. Accordingly, VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 application of exemptions (j)(2), (k)(1), (k2), and (k)(5) may be necessary. (H) Subsection (e)(5). It is often impossible to determine in advance if investigatory records contained in this system are accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to maintain an accurate record of the investigatory activity to preserve the integrity of the investigation and satisfy various Constitutional and evidentiary requirements, such as mandatory disclosure of potentially exculpatory information in the investigative file to a defendant. It is also necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined through judicial processes. Accordingly, application of exemption (j)(2) may be necessary. (I) Subsection (e)(8). To serve notice of records being made available under compulsory legal process could give persons sufficient warning to evade investigative efforts. Accordingly, application of exemption (j)(2) may be necessary. (J) Subsection (f). The agency’s rules are inapplicable to those portions of the system that are exempt. Accordingly, application of exemptions (j)(2), (k)(1), (k)(2) and (k)(5) may be necessary. (K) Subsection (g). This subsection is inapplicable to the extent that the system is exempt from other specific subsections of the Privacy Act. Accordingly, an exemption from subsection (g) is claimed pursuant to (j)(2). (iv) Exempt records from other systems. In the course of carrying out the overall purpose for this system, exempt records from other systems of records may in turn become part of the records maintained in this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the DoD claims the same exemptions for the records from those other systems that are entered into this system, as claimed for the prior system(s) of which they are a part, provided the reason for the exemption remains valid and necessary. * * * * * PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 65131 Dated: September 15, 2023. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2023–20434 Filed 9–20–23; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2023–0666] Special Local Regulations; Marine Events Within the Captain of the Port of Charleston Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a special local regulation for the Swim around Charleston on September 24, 2023, to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Captain of the Port Charleston identifies the regulated area for this event in Charleston, SC. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Captain of the Port Charleston or a designated representative. DATES: The regulations in 33 CFR 100.704 will be enforced for the location identified in Item 9 of Table 1 to § 100.704, from 9 a.m. through 4 p.m. on September 24, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email Petty Officer Adam Krukowski, Sector Charleston, Waterways Management Division, U.S. Coast Guard; 843–740–3186, email Adam.B.Krukowski@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local regulations in 33 CFR 100.704, Table 1 to § 100.704, Item 9, for the Swim Around Charleston regulated area from 9 a.m. to 4 p.m. on September 24, 2023. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Captain of the Port Charleston § 100.704, specifies the location of the Swim Around Charleston as a moving safety zone including all waters 50 yards in front of the lead safety vessel preceding the first race participants, 50 yards behind the safety vessel trailing the last race participants, SUMMARY: E:\FR\FM\21SER1.SGM 21SER1 65132 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations and at all times extends 100 yards on either side of safety vessels. The Swim Around Charleston swimming race consists of a 12 mile course that starts at Remley’s Point on the Wando River in approximate position 32°48′49″ N, 79°54′27″ W, crosses the main shipping channel under the main span of the Ravenel Bridge, and finishes at the I– 526 bridge and boat landing on the Ashley River in approximate position 32°50′14″ N, 80°01′23″ W. During the enforcement periods, as reflected in § 100.704(c)(1), if you are the operator of a vessel in the regulated area you must comply with directions from the Captain of the Port Charleston or a designated representative. In addition to this notification of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: September 12, 2023. Francis. J. DelRosso, Captain, U.S. Coast Guard, Captain of the Port. [FR Doc. 2023–20460 Filed 9–20–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0712] RIN 1625–AA00 Safety Zone, Allegheny River, Mile Markers 15.5 to 16.5, Allegheny County, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for the waters of the Allegheny River on September 22, 2023, at mile marker 15.5 to 16.5 from 7:30 through 9 a.m. This action is necessary to provide for the safety of life on these navigable waters during an on-land demolition. This rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Pittsburgh or a designated representative. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: This rule is effective from 7:30 through 9 a.m. on September 22, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– DATES: VerDate Sep<11>2014 16:08 Sep 20, 2023 Jkt 259001 0712 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 LTJG Eyobe Mills, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 412–221–0807, email Eyobe.D.Mills@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable and contrary to the public interest. This safety zone must be established by September 22, 2023, to provide for the safety of life on the navigable waters during a demolition, and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the safety zone until after the date of the demolition. Vessels or people inside the safety zone have to potential of getting hit with debris. 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 impractical and contrary to the public interest because this action is necessary to ensure the safety of vessels and persons during the demolition event on September 22, 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 Pittsburgh (COTP) has determined that potential hazards PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 associated with the land-based demolition on September 22, 2023, will be a safety concern for anyone on the Allegheny River at mile marker 15.5 to 16.5. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the temporary safety zone. IV. Discussion of the Rule This rule establishes a safety zone from 7:30 until 9 a.m. on September 22, 2023. The safety zone will cover all navigable waters on Allegheny River, within mile marker 15.5 to 16.5. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during a land-based demolition. No vessel or person is permitted to enter the safety zone without obtaining permission from the COTP or a designated representative of the COTP. A designated representative is a commissioned, warrant, or petty officer of the Coast Guard assigned to units under the operational control of the COTP. To seek permission to enter, contact the COTP or a designated representative via VHF–FM channel 16. Persons and vessels permitted to enter the safety zone must comply with all lawful orders or directions issued by the COTP or designated representative. The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement through Broadcast Notices to Mariners or Marine Safety Information Bulletins, as appropriate. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under 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 temporary safety zone. This safety zone only impacts a 1-mile E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65131-65132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20460]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2023-0666]


Special Local Regulations; Marine Events Within the Captain of 
the Port of Charleston

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a special local regulation for 
the Swim around Charleston on September 24, 2023, to provide for the 
safety of life on navigable waterways during this event. Our regulation 
for marine events within the Captain of the Port Charleston identifies 
the regulated area for this event in Charleston, SC. During the 
enforcement periods, the operator of any vessel in the regulated area 
must comply with directions from the Captain of the Port Charleston or 
a designated representative.

DATES: The regulations in 33 CFR 100.704 will be enforced for the 
location identified in Item 9 of Table 1 to Sec.  100.704, from 9 a.m. 
through 4 p.m. on September 24, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notification of enforcement, call or email Petty Officer Adam 
Krukowski, Sector Charleston, Waterways Management Division, U.S. Coast 
Guard; 843-740-3186, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local 
regulations in 33 CFR 100.704, Table 1 to Sec.  100.704, Item 9, for 
the Swim Around Charleston regulated area from 9 a.m. to 4 p.m. on 
September 24, 2023. This action is being taken to provide for the 
safety of life on navigable waterways during this event. Our regulation 
for marine events within the Captain of the Port Charleston Sec.  
100.704, specifies the location of the Swim Around Charleston as a 
moving safety zone including all waters 50 yards in front of the lead 
safety vessel preceding the first race participants, 50 yards behind 
the safety vessel trailing the last race participants,

[[Page 65132]]

and at all times extends 100 yards on either side of safety vessels. 
The Swim Around Charleston swimming race consists of a 12 mile course 
that starts at Remley's Point on the Wando River in approximate 
position 32[deg]48'49'' N, 79[deg]54'27'' W, crosses the main shipping 
channel under the main span of the Ravenel Bridge, and finishes at the 
I-526 bridge and boat landing on the Ashley River in approximate 
position 32[deg]50'14'' N, 80[deg]01'23'' W. During the enforcement 
periods, as reflected in Sec.  100.704(c)(1), if you are the operator 
of a vessel in the regulated area you must comply with directions from 
the Captain of the Port Charleston or a designated representative.
    In addition to this notification of enforcement in the Federal 
Register, the Coast Guard plans to provide notification of this 
enforcement period via the Local Notice to Mariners and marine 
information broadcasts.

    Dated: September 12, 2023.
Francis. J. DelRosso,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2023-20460 Filed 9-20-23; 8:45 am]
BILLING CODE 9110-04-P

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