Safety Zone; Baltimore Harbor, Baltimore, MD, 80093-80095 [2024-22720]
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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations
4. Revise Supplement No. 8 to part
748 to read as follows:
■
Supplement No. 8 to Part 748—
Information Required in Requests for
VEU Authorization
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VEU authorization applicants must provide
to BIS certain information about the
prospective and related respective validated
end-user. This information must be included
in requests for authorization submitted by
prospective validated end-users, or exporters
or reexporters who seek to have certain
entities approved as validated end-users. BIS
may, in the course of its evaluation, request
additional information.
A. Required Information for Both General
and Data Center Validated End-user
Authorization Requests
(1) Name of proposed VEU candidates,
including all names under which the
candidate conducts business; complete
company physical address (simply listing a
post office box is insufficient); telephone
number; fax number; email address; company
website (if available); and name of individual
who should be contacted if BIS has any
questions. If the entity submitting the
application is different from the prospective
validated end-user identified in the
application, this information must be
submitted for both entities. If the candidate
has multiple locations, all physical addresses
located in the eligible destination must be
listed.
(2) Provide an overview of the structure,
ownership and business of the prospective
validated end-user. Include a description of
the entity, including type of business
activity, ownership, subsidiaries, and jointventure projects, as well as an overview of
any business activity or corporate
relationship that the entity has with either
government or military organizations.
(3) List the items proposed for VEU
authorization approval and their intended
end-uses. Include a description of the items;
the ECCN for all items, classified to the
subparagraph level, as appropriate; technical
parameters for the items including
performance specifications; and end-use
description for the items. If BIS has
previously classified the item, the
Commodity Classification Automated
Tracking System (CCATS) number may be
provided in lieu of the information listed in
the foregoing provisions of this paragraph.
(4) Provide the physical address(es) of the
location(s) where the item(s) will be used, if
this address is different from the address of
the prospective validated end-user provided
in paragraph (1) of this supplement.
(5) If the prospective validated end-user
plans to reexport the item, specify the
destination to which the items will be
reexported.
(6) Specify how the prospective validated
end-user’s record keeping system will allow
compliance with the recordkeeping
requirements set forth in § 748.15(e) of the
EAR. Describe the system that is in place to
ensure compliance with VEU requirements.
(7) Include an original statement on
letterhead of the prospective validated enduser, signed and dated by a person who has
VerDate Sep<11>2014
16:46 Oct 01, 2024
Jkt 262001
authority to legally bind the prospective
validated end-user, certifying that the enduser will comply with all VEU requirements.
This statement must include
acknowledgement that the prospective enduser:
(i) Has been informed of and understands
that the item(s) it may receive as a validated
end-user will have been exported in
accordance with the EAR and that use or
diversion of such items contrary to the EAR
is prohibited;
(ii) Understands and will abide by all
authorization VEU end-use restrictions,
including the requirement that items
received under authorization VEU will only
be used for authorized end-uses and may not
be used for any activities described in part
744 of the EAR unless authorized by
§ 748.15(d);
(iii) Will comply with VEU recordkeeping
requirements; and
(iv) Agrees to allow on-site reviews by U.S.
Government officials to verify the end-user’s
compliance with the conditions of the VEU
authorization.
B. Additional Required Information for Data
Center Validated End-User Authorization
Requests
(1) A description of controlled items
required in the data center and an
accompanying rationale for why these items
are required;
(2) An overview of any business activity or
corporate relationship that the candidate has
with either government or military
organizations;
(3) An overview of business activities or
corporate relationships that the candidate has
with any organization designated on the
Entity List in Supp. No. 4 to part 744 and/
or Military End-User List in Supp. No. 7 to
part 744;
(4) Describe physical and logical security
requirements for each location the controlled
items will be housed (e.g., around the clock
monitoring, cybersecurity requirements,
third-party monitoring; and/or physical
security);
(5) A description of the policies and
procedures governing employees physical
and logical access to the VEU data center;
(6) Absent a legal prohibition or other such
exceptional circumstances, a list of current
and potential customers of the data center;
(7) An overview of the data center’s
information security plan, which should
include:
(i) Cybersecurity plan;
(ii) Logging and monitoring plan;
(iii) Technology control plan that describes
how much compute is required for the
various end uses involved;
(iv) Baseline cloud configuration and
identity and access management process for
tenants, if a cloud provider;
(v) Personnel security plan; and
(vi) An incident, identification,
investigation, and reporting plan;
(8) An explanation of the network
infrastructure and architecture and service
providers;
(9) An overview of the applicant’s supply
chain risk management plan that will prevent
PRC-origin equipment entering the data-
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80093
center environment and no PRC vendors are
in the supply chain; and
(10) An overview of the applicant’s export
control training program and compliance
program procedures.
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2024–22587 Filed 9–30–24; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0171]
RIN 1625–AA00
Safety Zone; Baltimore Harbor,
Baltimore, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
waters near Baltimore, Maryland to
protect the public and vessels from
potential hazards created by a pollution
incident in the Patapsco River.
Additionally, the safety zone is needed
to ensure a safe working environment
for the first responders and to prevent
the spread of pollution by passing
traffic. This rule will prohibit persons or
vessels from entering this zone unless
specifically authorized by the Captain of
the Port (COTP), Sector MarylandNational Capital Region or a designated
representative.
DATES: This rule is effective without
actual notice from October 2, 2024 to
October 3, 2024. For purposes of
enforcement, actual notice will be used
from September 27, 2024, through
October 2, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0171 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email LCDR Kate Newkirk, Sector
Maryland-NCR, Waterways Management
Branch, U.S. Coast Guard; 410–365–
8141, MDNCRWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
COTP
E:\FR\FM\02OCR1.SGM
Captain of the Port
02OCR1
80094
Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations
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
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II. Background Information and
Regulatory History
The Coast Guard is establishing a
temporary safety zone for waters near
the Baltimore Harbor Upper Anchorage
3 near Baltimore, Maryland within 1500
feet of the SSI DEFIANT located at 39°
13.18N, 076° 31.78W. The safety zone is
needed to protect the public and vessels
from potential hazards created by a
pollution incident in the Patapsco River.
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because action
is necessary to respond to the potential
safety hazards associated with pollution
response. It is impracticable to delay
establishment of this safety zone to
publish an NPRM and consider
comments because pollution response
operations must begin as soon as
possible.
Also, 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
immediate action is necessary to ensure
the safety of vessels and persons on
these navigable waters during the
emergency vessel salvage operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 46 U.S.C. 70034.
The COTP, Sector Maryland-NCR has
determined that potential hazards
associated with this operation starting
on September 27, 2024 will be a safety
concern for anyone within a 1500-foot
radius of the pollution response in the
Patapsco River Entrance. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the pollution response operations
are being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone
from September 27, 2024, through
VerDate Sep<11>2014
16:46 Oct 01, 2024
Jkt 262001
October 3, 2024. The safety zone will
cover all navigable waters within 1500foot of the vessel, SSI DEFIANT, located
at 39° 13.18N, 076° 31.78W. This rule is
necessary to ensure the safety of vessels
and persons during the vessel salvage
operation. This rule will prohibit
persons or vessels from entering this
zone unless specifically authorized by
the COTP or a designated
representative.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the zone.
When hailed or signaled by an official
patrol vessel, a vessel shall come to an
immediate stop and comply with the
directions given. Failure to do so may
result in expulsion from the zone,
citation for failure to comply, or both.
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 size, location, and duration
of the proposed rulemaking. This safety
zone would take place on a relatively
small area of the Patapsco River and
waters associated with Baltimore, MD,
lasting from September 27, 2024
through October 3, 2024. Additionally,
the Coast Guard would issue Broadcast
Notices to Mariners via VHF–FM marine
channel 16 about the safety zone so that
waterway users may plan accordingly
for transits during this restriction, and
the rule will allow vessels to seek
permission from the COTP MarylandNCR or a designated representative to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
generally requires Federal agencies to
review proposed and final rules for their
potential economic impacts on small
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Fmt 4700
Sfmt 4700
entities, including small businesses, and
prepare regulatory flexibility analyses. 5
U.S.C. 603, 604. The RFA requires these
analyses for any rule that is subject to
notice and comment procedures under
section 553 of the Administrative
Procedure Act. Id. As the Coast Guard
has determined that notice and the
opportunity to comment are
unnecessary for this rule, the
requirement for these analyses does not
apply. 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
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations
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
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 1500foot safety zone around the M/V SSI
DEFIANT for less than 7 days. It is
categorically excluded from further
review under paragraph L60(c) of
appendix A, table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1.
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.
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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:
VerDate Sep<11>2014
16:46 Oct 01, 2024
Jkt 262001
2. Add § 165.T05–0171 to read as
follows:
■
Dated: September 27, 2024.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Maryland-National Capital
Region.
[FR Doc. 2024–22720 Filed 10–1–24; 8:45 am]
BILLING CODE 9110–04–P
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.
■
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. 0170.1, Revision No. 01.3.
80095
§ 165.T05–0171
Harbor, MD
Safety Zone; Baltimore
(a) Location. The following area is a
safety zone: all navigable waters within
1500-feet of the location of the vessel
SSI DEFIANT located at position 39°
13.18N, 076° 31.78W.
(b) Enforcement period. This section
is effective from September 27, 2024,
through October 3, 2024.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting through,
or exiting from this area is prohibited
unless authorized by the COTP
Maryland-NCR or a designated
representative.
(2) Vessels desiring to transit the
regulated area may do so only with prior
approval of the COTP Maryland-NCR or
a designated representative and when so
directed will be operated at a minimum
safe navigation speed in a manner that
will not endanger pollution response
operations in the zone or any other
vessels.
(3) The COTP Maryland-NCR or a
designated representative may forbid
and control the movement of all vessels
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(4) Entry into this zone is prohibited
unless authorized by the COTP
Maryland-NCR or a designated
representative.
(5) Persons or vessels seeking to enter
or transit through the zone must request
permission from the COTP MarylandNCR or a designated representative.
They may be contacted on VHF–FM
channel 16 or by telephone at 410–576–
2693.
(6) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP MarylandNCR or designated representative.
(d) Informational broadcasts. The
COTP Maryland-NCR or a designated
representative will inform the public
through Broadcast Notices to Mariners
of the enforcement period for the
temporary safety zone as well as any
changes in the planned schedule.
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Frm 00041
Fmt 4700
Sfmt 4700
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 412
[CMS–1806–CN]
RIN 0938–AV32
Medicare Program; FY 2025 Inpatient
Psychiatric Facilities Prospective
Payment System—Rate Update;
Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final action; correction.
AGENCY:
This document corrects
technical errors in the final action that
appeared in the August 7, 2024 Federal
Register titled ‘‘Medicare Program; FY
2025 Inpatient Psychiatric Facilities
Prospective Payment System—Rate
Update’’.
SUMMARY:
This correction is effective
October 1, 2024.
DATES:
FOR FURTHER INFORMATION CONTACT:
The IPF Payment Policy mailbox at
IPFPaymentPolicy@cms.hhs.gov for
information regarding the IPF wage
index.
Nick Brock (410) 786–5148, for
general information regarding the
inpatient psychiatric facilities
prospective payment system (IPF PPS).
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024–16909 of August 7,
2024, the fiscal year (FY) 2025 Inpatient
Psychiatric Facilities Prospective
Payment System (IPF PPS) final rule (89
FR 64582), there were technical errors
that are identified and corrected in this
correcting document. These corrections
are effective as if they had been
included in the FY 2025 IPF PPS final
rule. Accordingly, the corrections are
effective October 1, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
There was a technical error in the
calculation of the final FY 2025 IPF PPS
wage indexes, which impacted several
calculations. There is an impact to the
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Rules and Regulations]
[Pages 80093-80095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22720]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0171]
RIN 1625-AA00
Safety Zone; Baltimore Harbor, Baltimore, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters near Baltimore, Maryland to protect the public and vessels from
potential hazards created by a pollution incident in the Patapsco
River. Additionally, the safety zone is needed to ensure a safe working
environment for the first responders and to prevent the spread of
pollution by passing traffic. This rule will prohibit persons or
vessels from entering this zone unless specifically authorized by the
Captain of the Port (COTP), Sector Maryland-National Capital Region or
a designated representative.
DATES: This rule is effective without actual notice from October 2,
2024 to October 3, 2024. For purposes of enforcement, actual notice
will be used from September 27, 2024, through October 2, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0171 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 LCDR Kate Newkirk, Sector Maryland-NCR, Waterways
Management Branch, U.S. Coast Guard; 410-365-8141,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
[[Page 80094]]
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 establishing a temporary safety zone for waters
near the Baltimore Harbor Upper Anchorage 3 near Baltimore, Maryland
within 1500 feet of the SSI DEFIANT located at 39[deg] 13.18N, 076[deg]
31.78W. The safety zone is needed to protect the public and vessels
from potential hazards created by a pollution incident in the Patapsco
River. The Coast Guard is issuing this temporary rule under authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because action is necessary
to respond to the potential safety hazards associated with pollution
response. It is impracticable to delay establishment of this safety
zone to publish an NPRM and consider comments because pollution
response operations must begin as soon as possible.
Also, 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 immediate action is necessary to ensure the safety of vessels
and persons on these navigable waters during the emergency vessel
salvage operation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The COTP, Sector Maryland-NCR has determined that
potential hazards associated with this operation starting on September
27, 2024 will be a safety concern for anyone within a 1500-foot radius
of the pollution response in the Patapsco River Entrance. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the pollution response
operations are being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from September 27, 2024,
through October 3, 2024. The safety zone will cover all navigable
waters within 1500-foot of the vessel, SSI DEFIANT, located at 39[deg]
13.18N, 076[deg] 31.78W. This rule is necessary to ensure the safety of
vessels and persons during the vessel salvage operation. This rule will
prohibit persons or vessels from entering this zone unless specifically
authorized by the COTP or a designated representative.
The COTP or a designated representative may forbid and control the
movement of all vessels in the zone. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the directions given. Failure to do so may result in
expulsion from the zone, citation for failure to comply, or both.
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 size, location,
and duration of the proposed rulemaking. This safety zone would take
place on a relatively small area of the Patapsco River and waters
associated with Baltimore, MD, lasting from September 27, 2024 through
October 3, 2024. Additionally, the Coast Guard would issue Broadcast
Notices to Mariners via VHF-FM marine channel 16 about the safety zone
so that waterway users may plan accordingly for transits during this
restriction, and the rule will allow vessels to seek permission from
the COTP Maryland-NCR or a designated representative to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, generally requires Federal agencies to review proposed and
final rules for their potential economic impacts on small entities,
including small businesses, and prepare regulatory flexibility
analyses. 5 U.S.C. 603, 604. The RFA requires these analyses for any
rule that is subject to notice and comment procedures under section 553
of the Administrative Procedure Act. Id. As the Coast Guard has
determined that notice and the opportunity to comment are unnecessary
for this rule, the requirement for these analyses does not apply. 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
[[Page 80095]]
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 1500-
foot safety zone around the M/V SSI DEFIANT for less than 7 days. It is
categorically excluded from further review under paragraph L60(c) of
appendix A, table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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.
0170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0171 to read as follows:
Sec. 165.T05-0171 Safety Zone; Baltimore Harbor, MD
(a) Location. The following area is a safety zone: all navigable
waters within 1500-feet of the location of the vessel SSI DEFIANT
located at position 39[deg] 13.18N, 076[deg] 31.78W.
(b) Enforcement period. This section is effective from September
27, 2024, through October 3, 2024.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting through, or exiting
from this area is prohibited unless authorized by the COTP Maryland-NCR
or a designated representative.
(2) Vessels desiring to transit the regulated area may do so only
with prior approval of the COTP Maryland-NCR or a designated
representative and when so directed will be operated at a minimum safe
navigation speed in a manner that will not endanger pollution response
operations in the zone or any other vessels.
(3) The COTP Maryland-NCR or a designated representative may forbid
and control the movement of all vessels in the regulated area. When
hailed or signaled by an official patrol vessel, a vessel shall come to
an immediate stop and comply with the directions given. Failure to do
so may result in expulsion from the area, citation for failure to
comply, or both.
(4) Entry into this zone is prohibited unless authorized by the
COTP Maryland-NCR or a designated representative.
(5) Persons or vessels seeking to enter or transit through the zone
must request permission from the COTP Maryland-NCR or a designated
representative. They may be contacted on VHF-FM channel 16 or by
telephone at 410-576-2693.
(6) If permission is granted, all persons and vessels must comply
with the instructions of the COTP Maryland-NCR or designated
representative.
(d) Informational broadcasts. The COTP Maryland-NCR or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.
Dated: September 27, 2024.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2024-22720 Filed 10-1-24; 8:45 am]
BILLING CODE 9110-04-P
