Safety Zone; Fireworks Displays Within the Fifth Coast Guard District, 83028-83029 [2023-26152]
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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
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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15:57 Nov 27, 2023
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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
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series) which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f). The Coast Guard has 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
promulgates the operating regulations or
procedures for drawbridges and is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 00170.1. Revision No. 01.3
§ 117.183
[Amended]
2. Section 117.183 is stayed from
November 30, 2023, until 5 p.m. on
March 1, 2024.
■
3. Add section § 117.T184 to read as
follows:
■
§ 117.T184
Old River.
The draw of the California
Department of Transportation (Route 4)
highway bridge, mile 14.8 between
Victoria Island and Byron Tract need
not be opened for the passage of vessels.
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Dated: November 20, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2023–26017 Filed 11–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0898]
Safety Zone; Fireworks Displays
Within the Fifth Coast Guard District
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a safety zone for a fireworks display at
The Wharf DC on December 2, 2023, to
provide for the safety of life on
navigable waterways during this event.
Our regulation for Fireworks Displays
within the Fifth Coast Guard District
identifies the safety zone for this event
in Washington, DC. During the
enforcement period, vessels may not
enter, remain in, or transit through the
safety zone unless authorized to do so
by the COTP or his representative, and
vessels in the vicinity must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
DATES: The regulation in 33 CFR
165.506 will be enforced for the location
identified in line no. 1 of table 2 to 33
CFR 165.506(h)(2) from 7 p.m. until 9
p.m. on December 2, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email MST2 Hollie Givens, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone
410–57–2596, email
MDNCRMarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
regulation for a fireworks display at The
Wharf DC from 7:00 p.m. to 9:00 p.m.
on December 2, 2023. This action is
being taken to provide for the safety of
life on navigable waterways during this
event. Our regulation for Fireworks
Displays within the Fifth Coast Guard
District, § 165.506, specifies the location
of the safety zone for the fireworks
show, which encompasses portions of
the Washington Channel in the Upper
Potomac River. During the enforcement
period, as reflected in § 165.506(b), if
SUMMARY:
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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations
you are the operator of a vessel in the
vicinity of the safety zone, you may not
enter, remain in, or transit through the
safety zone unless authorized to do so
by the COTP or his representative, and
you must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
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: November 20, 2023.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Maryland-National Capital
Region.
[FR Doc. 2023–26152 Filed 11–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0662]
RIN 1625–AA00
Safety Zone; Ashtabula Power Plant
Breakwater Armor Stone Removal,
Lake Erie, Ashtabula, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Lake Erie. This action
is necessary to provide for the safety of
life and property on these navigable
waters near Ashtabula, Ohio during the
Ashtabula power plant breakwater
armor stone removal project. This rule
will prohibit persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
Buffalo.
DATES: This rule is effective without
actual notice from November 28, 2023
through 11:59 p.m. on December 1,
2024. For the purposes of enforcement,
actual notice will be used from 7 a.m.
on November 16, 2023, until November
28, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0662 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
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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email Lieutenant Jared Stevens,
Waterways Management Division, MSU
Cleveland, U.S. Coast Guard; telephone
216–937–0124, email Jared.M.Stevens@
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
COTP Caption of the Port
83029
yard radius zone centered on
coordinates 41°54′43″ N, 080°46′09″ W
(NAD83) located near the Ashtabula
power plant located at 2133 Lake Road
East, Ashtabula, Ohio. The zone may
require enforcement beyond the stated
times in the case that the construction
project runs into unforeseen delays.
The COTP Buffalo has determined a
safety zone is needed to protect vessels
during this deconstruction and removal
project. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP, or a designated representative.
II. Background Information and
Regulatory History
V. Regulatory Analyses
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
insufficient time remains to publish an
NPRM and receive public comments
prior to commencement of the
deconstruction and removal project.
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 to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect vessels in these
navigable waters during this
deconstruction and removal project.
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
Buffalo has determined a safety zone is
needed to protect vessel traffic from
November 16, 2023, through December
1, 2024, during this deconstruction and
removal project which will remove the
breakwater armor stone near the
Ashtabula power plant in Ashtabula,
Ohio.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. on November 16, 2023,
through 11:59 p.m. on December 1,
2024. The safety zone will cover all
navigable waters encompassing a 350-
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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 the need to ensure the safety of
vessels in these navigable waters during
this construction project.
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.
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]]>Agencies
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83028-83029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26152]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0898]
Safety Zone; Fireworks Displays Within the Fifth Coast Guard
District
AGENCY: Coast Guard, DHS.
ACTION: Notification of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce a safety zone for a fireworks
display at The Wharf DC on December 2, 2023, to provide for the safety
of life on navigable waterways during this event. Our regulation for
Fireworks Displays within the Fifth Coast Guard District identifies the
safety zone for this event in Washington, DC. During the enforcement
period, vessels may not enter, remain in, or transit through the safety
zone unless authorized to do so by the COTP or his representative, and
vessels in the vicinity must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign.
DATES: The regulation in 33 CFR 165.506 will be enforced for the
location identified in line no. 1 of table 2 to 33 CFR 165.506(h)(2)
from 7 p.m. until 9 p.m. on December 2, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST2 Hollie Givens, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone 410-57-2596, email [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
regulation for a fireworks display at The Wharf DC from 7:00 p.m. to
9:00 p.m. on December 2, 2023. This action is being taken to provide
for the safety of life on navigable waterways during this event. Our
regulation for Fireworks Displays within the Fifth Coast Guard
District, Sec. 165.506, specifies the location of the safety zone for
the fireworks show, which encompasses portions of the Washington
Channel in the Upper Potomac River. During the enforcement period, as
reflected in Sec. 165.506(b), if
[[Page 83029]]
you are the operator of a vessel in the vicinity of the safety zone,
you may not enter, remain in, or transit through the safety zone unless
authorized to do so by the COTP or his representative, and you must
comply with directions from the Patrol Commander or any Official Patrol
displaying a Coast Guard ensign.
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: November 20, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2023-26152 Filed 11-27-23; 8:45 am]
BILLING CODE 9110-04-P
