Safety Zone; Kaneohe Bay, Oahu, HI-Navy P8 Aircraft Salvage Operations, 86046-86048 [2023-27036]
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86046
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
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(62) Methyl 3,3-dimethyl-2-(1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate, its optical and geometric isomers, salts and
salts of isomers (Other name: MDMB–4en–PINACA) ..............................................................................................................................
(63) Methyl 2-[[1-(4-fluorobutyl)indole-3-carbonyl]amino]-3,3-dimethyl-butanoate, its optical and geometric isomers, salts and salts
of isomers (Other names: 4F–MDMB–BUTICA; 4F–MDMB–BICA) ........................................................................................................
(64) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H-indazole-3-carboxamide, its optical and geometric isomers,
salts and salts of isomers (Other name: ADB–4en–PINACA) ..................................................................................................................
(65) 5-Pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one, its optical and geometric isomers, salts and salts of isomers (Other
names: CUMYL–PEGACLONE; SGT–151) ................................................................................................................................................
(66) Ethyl 2-[[1-(5-fluoropentyl)indole-3-carbonyl]amino]-3,3-dimethyl-butanoate, its optical and geometric isomers, salts and salts
of isomers (Other names: 5F–EDMB–PICA; 5F–EDMB–2201) .................................................................................................................
(67) Methyl 2-(1-(4-fluorobenzyl)-1H-indole-3-carboxamido)-3-methyl butanoate, its optical and geometric isomers, salts and salts
of isomers (Other name: MMB–FUBICA) ..................................................................................................................................................
Division, U.S. Coast Guard Sector
Honolulu; telephone 808–541–4363,
bradley.w.lindsey@uscg.mil.
[FR Doc. 2023–27243 Filed 12–11–23; 8:45 am]
BILLING CODE 4410–09–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
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
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0949]
RIN 1625–AA00
Safety Zone; Kaneohe Bay, Oahu, HI—
Navy P8 Aircraft Salvage Operations
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a 0.5 nautical mile radius
temporary safety zone for navigable
waters in Kaneohe Bay, HI
encompassing the partially submerged
Navy P8 aircraft. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by salvage
operations of the Navy P8 aircraft. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Sector Honolulu.
DATES: This rule is effective without
actual notice from December 12, 2023
through December 10, 2023. For the
purposes of enforcement, actual notice
will be used from December 2, 2023.
This rule will be enforced each day it is
in effect from 7 a.m. to 6 p.m. December
12, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0949 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Chief Petty Officer Bradley
Lindsey, Waterways Management
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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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
would be impracticable and contrary to
the public interest. The Coast Guard was
unable to publish an NPRM and hold a
reasonable comment period for this
rulemaking due to the emergent nature
and logistical coordination of salvage
operations. It is impracticable to publish
an NPRM because we must establish
this safety zone by December 2, 2023.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to remove the existing threat to
the environment and safeguard against
future potential threat to the
environment as well as safety hazards
associated with emergency salvage
operations of the Navy P8 aircraft.
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7090
7091
7092
7093
7094
7095
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Honolulu
(COTP) has determined that potential
hazards associated with emergency
salvage operations starting December 2,
2023, will be a safety concern for
anyone within a 0.5 nautical mile radius
of the Navy P8 aircraft. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while salvage operations take place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. until 6 p.m. on December
2, 2023, through December 10, 2023.
The Coast Guard is establishing a 0.5
nautical mile radius temporary safety
zone for navigable waters in Kaneohe
Bay, HI encompassing the partially
submerged Navy P8 aircraft. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the aircraft is being
salvaged. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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ddrumheller on DSK120RN23PROD with RULES1
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. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small, designated area of the
navigable waters Kaneohe Bay of Oahu,
Hawaii, where vessel traffic is normally
low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 and
publish a Marine Safety Information
Bulletin (MSIB) on Homeport about 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
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15:47 Dec 11, 2023
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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 lasting only 11 hours per day for
10 days that will prohibit entry within
0.5 nautical miles of vessels and
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86047
machinery being used by personnel to
salvage the Navy P8 aircraft. It is
categorically excluded from further
review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T14–0949 to read as
follows:
■
§ 165.T14–0949 Safety Zone; Kaneohe
Bay, Oahu, HI—Navy P8 Salvage
Operations.
(a) Location. The following area is a
safety zone: The Coast Guard is
establishing a 0.5 nautical mile radius
temporary safety zone for navigable
waters in Kaneohe Bay, HI
encompassing the partially submerged
Navy P8 aircraft. This zone extends
from the surface of the water to the
ocean floor.
(b) Definitions. 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 Honolulu (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative at the command center at
(808) 842–2600 or on VHF channel 16
(156.8 MHz). Those in the safety zone
must comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
Dated: December 1, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the
Port Sector Honolulu.
[FR Doc. 2023–27036 Filed 12–11–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0843]
RIN 1625–AA00
Safety Zone; Fireworks Display; Hood
River, Hood River, Oregon
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Columbia River.
This action is necessary to provide for
the safety of life on these navigable
waters near Hood River, Oregon, during
a fireworks display on December 31,
2023. This regulation prohibits persons
and vessels from entering the safety
zone unless authorized by the Captain
of the Port Sector Columbia River or a
designated representative.
DATES: This rule is effective from 7:30 to
9 p.m. on December 31, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0843 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email Lieutenant Carlie Gilligan,
Waterways Management Division,
Sector Columbia River, Coast Guard;
telephone 503–240–9319, email
SCRWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
15:47 Dec 11, 2023
Jkt 262001
COTP Captain of the Port Sector Columbia
River
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
On August 15, 2023, the Hood River
Fireworks, LLC notified the Coast Guard
that it will be conducting a fireworks
display from 8 to 8:30 p.m. on December
31, 2023. The fireworks are to be
launched from Hood River Spit,
approximately 1,000 feet south of the
Columbia River in Hood River, OR. In
response, on November 2, 2023, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Fireworks Display; Hood
River, Hood River, OR (88 FR 75244).
There we stated why we issued the
NPRM and invited comments on our
proposed regulatory action related to
this fireworks display. During the
comment period that ended December 4,
2023, we received 8 comments, that are
discussed in section IV below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the fireworks display
that will impact navigation along the
Hood River.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Columbia
River (COTP) has determined that
potential hazards associated with the
fireworks to be used in this December
31, 2023, display will be a safety
concern for anyone within a 1,000-foot
radius of the barge. The purpose of this
rule is to ensure safety of vessels and
the navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received eight
comments on our NPRM published
November 2, 2023. Of them, six were in
support of the proposed rule while the
remaining two were unrelated to the
establishment of the safety zone. There
are no changes in the regulatory text of
this rule from the proposed rule in the
NPRM.
This rule establishes a safety zone
from 7:30 to 9 p.m. on December 31,
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Sfmt 4700
2023. The safety zone will cover all
navigable waters within 1,000 feet of the
fireworks launch site in Hood River, OR.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 8 to 8:30 p.m.
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration
and time of day of the regulated area.
The safety zone impacts approximately
a 1,000-foot area at the intersection of
the Columbia and Hood Rivers and is
not anticipated to exceed 1.5 hours in
duration. Thus, restrictions on vessel
movement within that particular area
are expected to be minimal. Moreover,
under certain conditions vessels may
still transit through the safety zone
when permitted by the COTP. The Coast
Guard will issue a Notice to Mariners
about the zone, and the rule will 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 received no comments
from the Small Business Administration
E:\FR\FM\12DER1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86046-86048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27036]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0949]
RIN 1625-AA00
Safety Zone; Kaneohe Bay, Oahu, HI--Navy P8 Aircraft Salvage
Operations
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 0.5 nautical mile radius
temporary safety zone for navigable waters in Kaneohe Bay, HI
encompassing the partially submerged Navy P8 aircraft. The safety zone
is needed to protect personnel, vessels, and the marine environment
from potential hazards created by salvage operations of the Navy P8
aircraft. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Sector
Honolulu.
DATES: This rule is effective without actual notice from December 12,
2023 through December 10, 2023. For the purposes of enforcement, actual
notice will be used from December 2, 2023. This rule will be enforced
each day it is in effect from 7 a.m. to 6 p.m. December 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0949 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Chief Petty Officer Bradley Lindsey, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone 808-541-4363,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable and
contrary to the public interest. The Coast Guard was unable to publish
an NPRM and hold a reasonable comment period for this rulemaking due to
the emergent nature and logistical coordination of salvage operations.
It is impracticable to publish an NPRM because we must establish this
safety zone by December 2, 2023.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to remove the existing threat to the environment and safeguard
against future potential threat to the environment as well as safety
hazards associated with emergency salvage operations of the Navy P8
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 Sector Honolulu (COTP) has determined
that potential hazards associated with emergency salvage operations
starting December 2, 2023, will be a safety concern for anyone within a
0.5 nautical mile radius of the Navy P8 aircraft. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while salvage operations take
place.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. until 6 p.m. on
December 2, 2023, through December 10, 2023. The Coast Guard is
establishing a 0.5 nautical mile radius temporary safety zone for
navigable waters in Kaneohe Bay, HI encompassing the partially
submerged Navy P8 aircraft. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the aircraft is being salvaged. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
[[Page 86047]]
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. Vessel traffic will be able
to safely transit around this safety zone which would impact a small,
designated area of the navigable waters Kaneohe Bay of Oahu, Hawaii,
where vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 and
publish a Marine Safety Information Bulletin (MSIB) on Homeport about
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 lasting only 11 hours per day for 10 days that will
prohibit entry within 0.5 nautical miles of vessels and machinery being
used by personnel to salvage the Navy P8 aircraft. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons 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.T14-0949 to read as follows:
Sec. 165.T14-0949 Safety Zone; Kaneohe Bay, Oahu, HI--Navy P8 Salvage
Operations.
(a) Location. The following area is a safety zone: The Coast Guard
is establishing a 0.5 nautical mile radius temporary safety zone for
navigable waters in Kaneohe Bay, HI encompassing the partially
submerged Navy P8 aircraft. This zone extends from the surface of the
water to the ocean floor.
(b) Definitions. 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 Honolulu (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety
[[Page 86048]]
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative at the command center at (808) 842-2600 or on VHF
channel 16 (156.8 MHz). Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
Dated: December 1, 2023.
A.L. Kirksey,
Captain, U.S. Coast Guard, Captain of the Port Sector Honolulu.
[FR Doc. 2023-27036 Filed 12-11-23; 8:45 am]
BILLING CODE 9110-04-P
