Safety Zone; Ohio River Mile Markers 90.4-91, Wheeling, WV

• Court: Coast Guard
• Citation: 88 FR 54880
• Published date: 14 August 2023
• Record Number: 2023-17380
• Section: Rules and Regulations

54880

Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

§ 1309.4 Effective Date

By statute, the effective date of this

ban is November 12, 2022. This effective

date of this rule is September 13, 2023.

Alberta E. Mills,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 2023–17355 Filed 8–11–23; 8:45 am]

BILLING CODE 6355–01–P

DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental

Enforcement

30 CFR Part 285

[Docket No. BSEE–2022–0015; EEEE500000

223E1700D2 ET1SF0000.EAQ000]

RIN 1082–AA03

Reorganization of Title 30—Renewable

Energy and Alternate Uses of Existing

Facilities on the Outer Continental

Shelf; Correction

AGENCY

: Bureau of Safety and

Environmental Enforcement (BSEE),

Interior.

ACTION

: Correcting amendment.

SUMMARY

: BSEE is publishing a

correcting amendment to substitute new

Office of Management and Budget

(OMB) Control Number 1014–0034 for

the placeholder included in the

Paperwork Reduction Act statements—

information collection promulgated in

the final rule.

DATES

: This correcting amendment is

effective on August 14, 2023.

FOR FURTHER INFORMATION CONTACT

:

Nikki Mason, Program Analyst, at regs@

bsee.gov, 703–787–1607.

SUPPLEMENTARY INFORMATION

: BSEE is

publishing a correction to the final rule,

Reorganization of Title 30—Renewable

Energy and Alternate Uses of Existing

Facilities on the Outer Continental

Shelf, which published in the Federal

Register on January 31, 2023 [88 FR

6376], to add the OMB control number

to BSEE’s new § 285.114, Paperwork

Reduction Act statements—information

collection. Because the OMB control

number could not be issued prior to

publication of the final rule, BSEE

included a placeholder for the control

number at the relevant location in the

regulation. OMB has since issued the

control number, and this correction

substitutes that number for the

placeholder. Because this correction is

clerical in nature only and does not

impact the rights or interests of any

party under the final rule, BSEE has

good cause for not publishing this

correction for notification and public

comment, since such a publication is

unnecessary.

List of Subjects in 30 CFR Part 285

Continental shelf, Energy,

Environmental protection, Historic

preservation, Marine resources, Marine

safety, Natural resources, Ocean

resources, Offshore energy, Offshore

structures, Outer continental shelf,

Renewable energy, Reporting and

recordkeeping requirements, Safety,

Wind energy.

Laura Daniel-Davis,

Principal Deputy Assistant Secretary, Land

and Minerals Management.

Accordingly, the Bureau of Safety and

Environmental Enforcement is making

the correcting amendment to 30 CFR

part 285 as follows:

PART 285—RENEWABLE ENERGY

AND ALTERNATE USES OF EXISTING

FACILITIES ON THE OUTER

CONTINENTAL SHELF

■1. The authority citation for part 285

continues to read as follows:

Authority: 43 U.S.C. 1331 et seq.

■2. Amend § 285.114 by revising

paragraph (a) to read as follows:

§ 285.114 Paperwork Reduction Act

statements—information collection.

(a) The Office of Management and

Budget (OMB) has approved the

information collection requirements in

30 CFR part 285 under 43 U.S.C. 1331

et seq. and assigned OMB Control

Number 1014–0034. The table in

paragraph (e) of this section lists the

subparts in the rule requiring the

information and its title, summarizes

the reasons for collecting the

information, and summarizes how BSEE

uses the information.

* * * * *

[FR Doc. 2023–17421 Filed 8–11–23; 8:45 am]

BILLING CODE 4310–VH–P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG–2023–0610]

RIN 1625–AA00

Safety Zone; Ohio River Mile Markers

90.4–91, Wheeling, WV

AGENCY

: Coast Guard, DHS.

ACTION

: Temporary final rule.

SUMMARY

: The Coast Guard is proposing

to establish a temporary safety zone for

the Ohio River on August 23, 2023, at

mile marker 90.4 to mile marker 91 from

5 through 9 p.m. This action is

necessary to provide for the safety of life

on the navigable waters during a

floating lantern festival. This rule

prohibits persons and vessels from

being in the safety zone unless

authorized by the Captain of the Port

Pittsburgh (COTP) or a designated

representative.

DATES

: This rule is effective on August

23, 2023, from 5 through 9 p.m.

ADDRESSES

: To view documents

mentioned in this preamble as being

available in the docket, go to https://

www.regulations.gov, type USCG–2023–

0610 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 August 23, 2023, to

provide for the safety of life on the

navigable waters during a floating

lantern festival, 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

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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

after the date of the floating lantern

festival. Vessels inside of the safety zone

have the potential of ruining over the

lanterns.

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 and

contrary to the public interest because

action is needed by August 23, 2023, to

ensure the safety of the of life on the

navigable waters during the floating

lantern festival.

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

associated with a floating lantern

festival on August 23, 2023, will be a

safety concern for anyone on the Ohio

River from mile markers 90.4 to mile

marker 91 from 5 to 9 p.m. The purpose

of this rule is to ensure safety of the

participant, vessels, and the navigable

waters in the safety zone before, during,

and after the scheduled event.

IV. Discussion of the Rule

This rule establishes a temporary

safety zone from 5 until 9 p.m. on

August 23, 2023. The safety zone will

cover all navigable waters on the Ohio

River from mile markers 90.4 to mile

marker 91. The duration of the zone is

intended to protect personnel, vessels,

and the marine environment in the

navigable waters during a floating

lantern festival.

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 U.S. Coast Guard (USCG) 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,

or through Marine Safety Unit

Pittsburgh at 412–221–0807. 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

Local Notice to Mariners (LNMs),

Broadcast Notices to Mariners (BNMs),

and/or Marine Safety Information

Bulletins (MSIBs), 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. Accordingly,

this rule has not been reviewed by the

Office of Management and Budget

(OMB).

This regulatory action determination

is based on size, location, and duration

of the temporary safety zone. This safety

zone only impacts a 0.6 mile stretch on

the Ohio River for 5 hours on August 23,

2023. Moreover, the Coast Guard will

issue Local Notice to Mariners and

Broadcast Notice to Mariners via VHF–

FM marine channel 16 about the zone

and the rule allows vessels to seek

permission from the COTP to transit 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.

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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations

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

temporary safety zone lasting 5 hours on

August 23, 2023, on the Ohio River. It

is categorically excluded from further

review under paragraph L60(a) of

Appendix A, Table 1 of DHS Instruction

Manual 023–01–001–01, Rev. 1. A

Record of Environmental Consideration

supporting this determination is

available in the docket. For instructions

on locating the docket, see the

ADDRESSES

section of this preamble.

G. Protest Activities

The Coast Guard respects the First

Amendment rights of protesters.

Protesters are asked to 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

Marine Safety, Navigation (water),

Reporting, and recordkeeping

requirements, 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.T08–0610 to read as

follows:

§ 165.T08–0610 Safety Zone Ohio River,

Wheeling, WV.

(a) Location. The following area is a

temporary safety zone on the Ohio River

from mile marker 90.4 to mile marker

91.

(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 Pittsburgh (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

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 on Channel 16 or at 412–

670–4288. 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.

(d) Enforcement period. This section

is effective from 5 through 9 p.m. on

August 23, 2023. The temporary safety

zone will be enforced during the 5 hours

floating lantern festival.

Eric J. Velez,

Commander, U.S. Coast Guard, Captain of

the Port, MSU Pittsburgh.

[FR Doc. 2023–17380 Filed 8–11–23; 8:45 am]

BILLING CODE 9110–04–P

DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID ED–2023–OCTAE–0048]

Final Priorities, Requirements,

Definitions, and Selection Criteria—

Perkins Innovation and Modernization

Grant Program

AGENCY

: Office of Career, Technical, and

Adult Education, Department of

Education.

ACTION

: Final priorities, requirements,

definitions, and selection criteria.

SUMMARY

: The Department of Education

(Department) announces priorities,

requirements, definitions, and selection

criteria for the Perkins Innovation and

Modernization (PIM) grant program,

Assistance Listing Number 84.051F. The

Department may use the priorities,

requirements, definitions, and selection

criteria for competitions in fiscal year

(FY) 2023 and later years. We take this

action to support grant competitions

that will identify strong and well-

designed projects that incorporate

evidence-based and innovative

strategies and activities to improve

student success in secondary education,

postsecondary education, and careers.

DATES

: The priorities, requirements,

definitions, and selection criteria are

effective September 13, 2023.

FOR FURTHER INFORMATION CONTACT

: Dr.

Charles ‘‘Bryan’’ Jenkins, U.S.

Department of Education, 400 Maryland

Avenue SW, Room 4A192, Washington,

DC 20202. Telephone: 202–987–0815.

Email: PIMGrants@ed.gov.

If you are deaf, hard of hearing, or

have a speech disability and wish to

access telecommunications relay

services, please dial 7–1–1.

SUPPLEMENTARY INFORMATION

:

Purpose of Program: The purpose of

the PIM grant program is to identify,

support, and independently evaluate

evidence-based and innovative

strategies and activities to improve and

modernize career and technical

education (CTE) and align workforce

skills with labor market needs. The

Department anticipates using the PIM

authority beginning in FY 2023 to award

competitive grants to support Career

Connected High Schools (CCHS) that

will transform public high schools by

expanding existing and implementing

new strategies and supports to help

their students identify and navigate

pathways to postsecondary education

and career preparation, accrue college

credit, pursue in-demand and high-

value industry-recognized credentials,

and gain direct experience in the

workplace through work-based learning.

Program Authority: Section 114(e) of

the Carl D. Perkins Career and Technical

Education Act of 2006, as amended by

the Strengthening Career and Technical

Education for the 21st Century Act

(Perkins V) (20 U.S.C. 2324).

We published a notice of proposed

priorities, requirements, definitions, and

selection criteria in the Federal Register

on May 16, 2023 (88 FR 31196) (the

NPP). The notice contained background

information and our rationale for

proposing the priorities, requirements,

definitions, and selection criteria. As

discussed in the Analysis of Comments

and Changes section of this document,

we made substantive changes to

Priorities 1, 2, 3 and 4, Application

Requirement 3, Program Requirement 3,

and the selection criteria. We also added

a new application requirement.

Public Comment: In response to our

invitation in the NPP, 17 parties

submitted comments. Generally, we do

not address technical and other minor

changes or suggested changes that the

law does not authorize us to make. In

addition, we do not address comments

that are outside the scope of the NPP.

Analysis of Comments and Changes:

An analysis of the comments and of any

changes in the proposed priorities,

requirements, definitions, and selection

criteria since publication of the NPP

follows. We group major issues

according to subject.

Priority 1—Career-Connected High

Schools.

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