[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Rules and Regulations]
[Pages 25281-25283]
[FR Doc No: 2023-08816]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0156]
RIN 1625-AA00

Safety Zone; Gulf of Mexico, Marathon, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters in the Gulf of Mexico offshore Marathon, Florida. This
action is necessary to provide for the safety of life on these
navigable waters of Marathon, FL, during the 2023 Race World Offshore 7
Mile Grand Prix. This rule prohibits persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Key West
or a designated representative.

DATES: This rule is effective each day from 10 a.m. through 4:30 p.m.
on April 29, 2023 and April 30, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0156 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 Hailye Wilson, Sector Key West Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, 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 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 the event organizer for the RWO Grand
Prix did not provide the Coast Guard with all of the necessary
information until March 16, 2023. The Coast Guard lacks sufficient time
to provide for a comment period and then consider those comments before
issuing the rule since this rule is needed by April 28, 2028. It would
be contrary to the public interest since immediate action is necessary
to protect the safety of the public, and vessels transiting the waters
of the Gulf of Mexico.
    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 high-speed
boat race.

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 Key West (COTP) has determined
that potential

hazards associated with the RWO 7 Mile Grand Prix on April 29, 2023,
and April 30, 2023, will be a safety concern for anyone within the
regulated area. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the bridge is being repaired.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. until 4:30 p.m. on
April 29, 2023, and April 30, 2023. The safety zone will cover all
navigable waters of the Gulf of Mexico within the following
coordinates: Latitude 24[deg]42.348' N, longitude 081[deg]08.377' W,
thence north offshore to latitude 24[deg]42.979' N, longitude
081[deg]08.427' W, thence east to latitude 24[deg]43.433' N, longitude
081[deg]06.012' W, thence south to latitude 24[deg]43.028' N, longitude
081[deg]05.714' W, thence southwest to latitude 24[deg]42.840' N,
longitude 081[deg]05.956' W, thence west to latitude 24[deg]42.796' N,
longitude 081[deg]06.362' W, located within the county of Monroe, FL.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the race. No
vessel or person would 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 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 the size,
location, duration, and time-of-day 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 Gulf of Mexico offshore Marathon
for 6.5 hours each day. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 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 lasting only 6.5 hours for two days that will prohibit
entry within a specified area of the Gulf of Mexico offshore of
Marathon, FL. 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

    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.T07-0156 to read as follows:

Sec.  165.T07-0156  Safety Zone; Gulf of Mexico, Marathon, FL.

    (a) Location. The following area is a safety zone: All navigable
waters within the following coordinates: Latitude 24[deg]42.348' N,
longitude 081[deg]08.377' W, thence north offshore to latitude
24[deg]42.979' N, longitude 081[deg]08.427' W, thence east to latitude
24[deg]43.433' N, longitude 081[deg]06.012' W, thence south to latitude
24[deg]43.028' N, longitude 081[deg]05.714' W, thence southwest to
latitude 24[deg]42.840' N, longitude 081[deg]05.956' W, thence west to
latitude 24[deg]42.796' N, longitude 081[deg]06.362' W, located within
the county of Monroe, FL. These coordinates are based on North American
Datum.
    (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 Key West (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 by telephone at<PHONE_NUMBER>. 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 will be enforced each day from
10 a.m. until 4:30 p.m. on April 29, 2023, and April 30, 2023.

    Dated: April 18, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-08816 Filed 4-25-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Notices]
[Pages 8423-8424]
[FR Doc No: 2023-02762]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER17-1742-007; ER21-2406-004; ER20-2510-005; ER13-
2490-011; ER22-734-003; ER19-2671-006; ER19-2672-006; ER20-2512-005;
ER22-2424-001; ER22-2427-001; ER22-2425-001; ER22-2421-001; ER22-2423-
001; ER20-2515-005; ER21-2407-004; ER22-2028-002; ER19-2595-006; ER21-
2408-004; ER22-2426-001; ER22-2428-001; ER19-2670-006; ER19-53-003;
ER21-2638-004; ER20-2455-002; ER20-2595-002; ER20-2663-005; ER21-2409-
004; ER17-311-007; ER20-1073-005; ER22-2422-001.
    Applicants: SR Turkey Creek, LLC, SR Terrell, LLC, SR South Loving
LLC, SR Snipesville II, LLC, SR Snipesville, LLC, SR Rattlesnake, LLC,
SR Platte, LLC, SR Perry, LLC, SR Millington, LLC, SR Meridian III,
LLC, SR McKellar Lessee, LLC, SR McKellar, LLC, SR Lumpkin, LLC, SR
Hazlehurst III, LLC, SR Hazlehurst, LLC, SR Georgia Portfolio II
Lessee, LLC, SR Georgia Portfolio I MT, LLC, SR DeSoto I Lessee, LLC,
SR DeSoto I, LLC, SR Clay, LLC, SR Cedar Springs, LLC, SR Bell Buckle,
LLC, SR Baxley, LLC, SR Arlington II MT, LLC, SR Arlington II, LLC, SR
Arlington, LLC, Simon Solar, LLC, Odom Solar LLC, Lancaster Solar LLC,
Hattiesburg Farm, LLC.
    Description: Notice of Non-Material Change in Status of Hattiesburg
Farm, LLC, et al.
    Filed Date: 1/30/23.
    Accession Number: 20230130-5304.
    Comment Date: 5 p.m. ET 2/21/23.

    Docket Numbers: ER20-1790-002; ER11-4498-014; ER11-4499-014; ER11-
4501-016; ER12-979-015; ER12-2448-015; ER13-2409-010; ER14-2858-009;
ER15-2615-005; ER15-2620-005; ER16-2293-006; ER16-2577-005; ER16-2687-
004; ER17-790-003; ER17-2457-005; ER17-2470-005; ER18-27-004; ER18-
2312-004; ER18-2330-003; ER20-2134-002; ER21-2597-002.
    Applicants: Rockhaven Wind Project, LLC, Cimarron Bend Wind Project
III, LLC, Enel Green Power Rattlesnake Creek Wind Project, LLC, Enel
Green Power Diamond Vista Wind Project, LLC, Thunder Ranch Wind
Project, LLC, Red Dirt Wind Project, LLC, Rock Creek Wind Project, LLC,
Cimarron Bend Wind Project II, LLC, Chisholm View Wind Project II, LLC,
Cimarron Bend Wind Project I, LLC, Lindahl Wind Project, LLC, Drift
Sand Wind Project, LLC, Little Elk Wind Project, LLC, Goodwell Wind
Project, LLC, Origin Wind Energy, LLC, Buffalo Dunes Wind Project, LLC,
Chisholm View Wind Project, LLC, Rocky Ridge Wind Project, LLC, Caney
River Wind Project, LLC, Smoky Hills Wind Project II, LLC, Smoky Hills
Wind Farm, LLC, Aurora Wind Project, LLC.
    Description: Notice of Change in Status of Aurora Wind Project,
LLC, et al.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5510.
    Comment Date: 5 p.m. ET 2/21/23.

    Docket Numbers: ER22-1627-002; ER10-1427-005; ER10-2466-023; ER10-
2895-025; ER10-2921-025; ER10-2966-025; ER10-3167-018; ER11-2201-028;
ER11-4029-022; ER12-645-027; ER12-1311-022; ER12-2068-022; ER13-203-
017; ER13-1139-024; ER13-1346-014; ER13-1613-018; ER13-2143-018; ER14-
25-021; ER14-1964-016; ER14-2630-017; ER17-482-010; ER19-529-011; ER19-
1074-011; ER19-1075-011; ER20-1447-006; ER20-1806-005; ER22-192-005;
ER22-1010-003.
    Applicants: TerraForm IWG Acquisition Holdings II, LLC, Evolugen
Trading and Marketing LP, Catalyst Old River Hydroelectric Limited
Partnership, Brookfield Energy Marketing US LLC, Brookfield Renewable
Energy Marketing US LLC, Brookfield Energy Marketing Inc., Brookfield
Renewable Trading and Marketing LP, BREG Aggregator LLC, Regulus Solar,
LLC, BIF II Safe Harbor Holdings, LLC, Prairie Breeze Wind Energy LLC,
Black Bear Development Holdings, LLC, Brookfield White Pine Hydro LLC,
Mesa Wind Power LLC, Imperial Valley Solar 1, LLC, Black Bear SO, LLC,
Blue Sky East, LLC, Stetson Holdings, LLC, California Ridge Wind Energy
LLC, Vermont Wind, LLC, Evergreen Wind Power III, LLC, Black Bear Hydro
Partners, LLC, Rumford Falls Hydro LLC, Great Lakes Hydro America, LLC,
Bear Swamp Power Company LLC, Stetson Wind II, LLC, Brookfield Energy
Marketing LP, AM Wind Repower LLC.
    Description: Notice of Non-Material Change in Status of AM Wind
Repower LLC, et al.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5509.
    Comment Date: 5 p.m. ET 2/21/23.

    Docket Numbers: ER22-2161-001.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Compliance filing: 881 Compliance Filing--Effective
Date clarification to be effective 7/12/2025.
    Filed Date: 2/3/23.
    Accession Number: 20230203-5014.
    Comment Date: 5 p.m. ET 2/24/23.

    Docket Numbers: ER22-2162-001.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Compliance filing: Effective Date Clarification 881
Compliance Filing to be effective 7/12/2025.
    Filed Date: 2/3/23.
    Accession Number: 20230203-5028.
    Comment Date: 5 p.m. ET 2/24/23.

    Docket Numbers: ER23-643-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Request to Defer Action-Amendment to
ISA, SA No. 5596; Queue No. AD1-020 to be effective 12/31/9998.
    Filed Date: 2/2/23.
    Accession Number: 20230202-5111.
    Comment Date: 5 p.m. ET 2/23/23.

    Docket Numbers: ER23-1033-000.
    Applicants: New England Power Company.
    Description: Tariff Amendment: 2023-02-01 Notice of Cancellation of
LGIA with Deepwater Block Island Wind to be effective 1/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5191.
    Comment Date: 5 p.m. ET 2/22/23.

    Docket Numbers: ER23-1041-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FPL Amendment to NITSA No.
332 with GTC to be effective 1/4/2023.
    Filed Date: 2/3/23.
    Accession Number: 20230203-5002.
    Comment Date: 5 p.m. ET 2/24/23.

    Docket Numbers: ER23-1042-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FCA for Affected System
Project Between FPL and DEF Q285 to be effective 1/18/2023.
    Filed Date: 2/3/23.
    Accession Number: 20230203-5003.
    Comment Date: 5 p.m. ET 2/24/23.

    Docket Numbers: ER23-1043-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
1442; Queue No. NQ-123 (amend) to be effective 1/19/2023.
    Filed Date: 2/3/23.
    Accession Number: 20230203-5017.
    Comment Date: 5 p.m. ET 2/24/23.

    Docket Numbers: ER23-1044-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6766; Queue No. AE2-241 to be effective 1/4/2023.
    Filed Date: 2/3/23.
    Accession Number: 20230203-5027.
    Comment Date: 5 p.m. ET 2/24/23.

    Docket Numbers: ER23-1045-000.
    Applicants: Duke Energy Ohio, Inc., Duke Energy Kentucky, Inc., PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Duke Energy Ohio, Inc.
submits tariff filing per 35.13(a)(2)(iii): DEOK submits revisions to
OATT Att. H-22A Depreciation Rates to be effective 1/1/2023.
    Filed Date: 2/3/23.
    Accession Number: 20230203-5086.
    Comment Date: 5 p.m. ET 2/24/23.

    Docket Numbers: ER23-1046-000.
    Applicants: Nittany Energy, LLC.
    Description: Notice of Cancellation of Market Based Rate Tariff of
Nittany Energy, LLC.
    Filed Date: 2/2/23.
    Accession Number: 20230202-5149.
    Comment Date: 5 p.m. ET 2/23/23.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF23-284-000.
    Applicants: WED Coventry Five, LLC.
    Description: Refund Report of WED Coventry Five, LLC.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5265.
    Comment Date: 5 p.m. ET 2/22/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 3, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-02762 Filed 2-8-23; 8:45 am]
BILLING CODE 6717-01-P