Safety Zone; Atlantic Ocean, Point Pleasant Beach, NJ, 87953-87955 [2024-25718]
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
(j) Take any other action authorized
by rule of the Alcohol and Tobacco Tax
and Trade Bureau consistent with the
Administrative Procedure Act.
132. Revise § 71.116 to read as
follows:
■
§ 71.116
Review by the Administrator
§ 72.24
Corporate surety bonds.
The Administrator, on appeal on
petition for review, shall afford a
reasonable opportunity for the
submission of proposed findings,
conclusions, or exceptions with reasons
in support thereof and an opportunity
for oral argument. The Administrator
may alter or modify any finding of the
administrative law judge (or of the
appropriate TTB officer in application
proceedings) and may affirm, reverse, or
modify the decision of the
administrative law judge (or of the
appropriate TTB officer in initial
application proceedings), or the
Administrator may remand the case for
further hearing, but the Administrator
shall not consider evidence which is not
a part of the record. Appeals and
petitions for review shall not be decided
by the Administrator in any proceeding
in which she or he has engaged in
investigation or prosecution, and in
such event the Administrator shall so
state their disqualification in writing
and refer the record to the Assistant
Secretary for Tax Policy for appropriate
action. The Assistant Secretary for Tax
Policy may designate a principal aide to
consider any proceeding instead of the
Administrator. The original copy of the
decision on review shall be placed in
the official record of the proceeding, a
signed duplicate original shall be served
upon the applicant or respondent and a
copy shall be transmitted to the
appropriate TTB officer. When, on
appeal, the Administrator affirms the
decision of the appropriate TTB officer
or the administrative law judge, as the
case may be, disapproving an
application or suspending, revoking, or
annulling a permit, such action shall not
supersede the decision of the
appropriate TTB officer or the
administrative law judge and such
decision shall be final.
*
PART 72—DISPOSITION OF SEIZED
PERSONAL PROPERTY
Safety Zone; Atlantic Ocean, Point
Pleasant Beach, NJ
133. The authority citation for part 72
continues to read as follows:
AGENCY:
Authority: 18 U.S.C. 921, 1261; 19 U.S.C.
1607, 1610, 1612, 1613, 1618; 26 U.S.C. 7101,
7322–7325, 7326, 7805; 31 U.S.C. 9301, 9303,
9304, 9306; 40 U.S.C. 304(k); 49 U.S.C. 784,
788.
SUMMARY:
■
khammond on DSKJM1Z7X2PROD with RULES
a. Removing from in paragraph (a) the
words ‘‘Circular No. 570’’ and adding in
their place the words ‘‘Circular 570’’;
■ b. Revising paragraph (b); and
■ c. Removing the authority citation at
the end of the section.
The revision reads as follows:
■
■
134. Amend § 72.24 by:
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15:45 Nov 05, 2024
Jkt 265001
*
*
*
*
(b) How to find an approved surety.
The Department of the Treasury
publishes a list of approved corporate
surety companies in Treasury
Department Circular 570, Companies
Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds
and as Acceptable Reinsuring
Companies. Treasury Department
Circular 570 is published in the Federal
Register annually on the first business
day in July, and supplemental changes
are published periodically thereafter
(see https://www.federalregister.gov).
The most recent circular and any
supplemental changes to it may be
viewed on the Bureau of the Fiscal
Service website (see https://fiscal.
treasury.gov).
§ 72.27
[Amended]
135. Amend § 72.27, in the first
sentence of paragraph (a), by removing
the text ‘‘§ 55.166 of this Title’’ and
adding in its place the text ‘‘27 CFR
555.166’’.
■
Signed: October 4, 2024.
Mary G. Ryan,
Administrator.
Approved: October 7, 2024.
Aviva R. Aron-Dine,
Deputy Assistant Secretary, Tax Policy.
[FR Doc. 2024–23662 Filed 11–5–24; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0972]
RIN 1625–AA00
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone
around salvage operations for a sunken
vessel. The safety zone encompasses
navigable waters on a portion of the
Atlantic Ocean in the vicinity of Point
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Sfmt 4700
87953
Pleasant Beach, NJ within a 500-yard
radius of the salvage operations. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the salvage operations of the
sunken vessel. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port, Sector Delaware
Bay.
This rule is effective without
actual notice from November 6, 2024
through November 30, 2024. For the
purposes of enforcement, actual notice
will be used from October 31, 2024,
through November 6, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0972 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this proposed
rulemaking, call or email MST1
Jonathan Lougheed, Waterways
Management Division, U.S. Coast Guard
Sector Delaware Bay; (215) 271–4814,
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 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 prompt
action is needed to respond to the
potential safety hazards associated with
the salvage operations of a sunken
vessel. It is impracticable to publish an
NPRM because salvage operations may
begin as soon as October 31, 2024.
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
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87954
Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
this rule would be impracticable
because prompt action is needed to
respond to the potential safety hazards
associated with the salvage operations
of a sunken vessel.
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 Delaware Bay
(COTP) has determined that potential
hazards associated with the salvage
operations of the sunken vessel will be
a safety concern for the vessels involved
with the salvage operations and anyone
within a 500-yard radius of salvage
operations. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
salvage operations are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone which will be in effect from
October 31, 2024, through November 30,
2024. The rule will only be subject to
enforcement, however, for a seven-day
period within the time the rule will be
in effect. There needs to be a seven-day
window of good weather for salvage
operations to be conducted safely. The
safety zone will only be enforced upon
issuance of a Broadcast Notice to
Mariners by the COTP, as well as onscene notice. The safety zone will cover
all navigable waters, on a portion of the
Atlantic Ocean, within 500 yards of the
sunken vessel being salvaged, in
position latitude 40°05′32.3″ N,
longitude 74°01′28.4″ W. This
coordinate is based on Datum WGS 84.
The duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during the salvage operations. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
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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
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15:45 Nov 05, 2024
Jkt 265001
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, duration, and
location of the temporary safety zone.
The safety zone is effective for 30 days
but will only be enforced for 7 days
during active salvage operations. Vessel
traffic will be able to safely transit
around the safety zone while the safety
zone is being enforced. Moreover, the
Coast Guard will release the details of
the zone via a Broadcast Notice to
Mariners on VHF–FM radio channel 16.
B. Impact on Small Entities
The regulatory flexibility analysis
provisions of the Regulatory Flexibility
Act of 1980, 5 U.S.C. 601–612, as
amended, do not apply to rules not
subject to notice and comment. As the
Coast Guard has, for good cause, waived
notice and comment requirement that
would otherwise apply to this
rulemaking, the Regulatory Flexibility
Act’s provisions do not apply here.
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 proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed 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.
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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 7 days that will prohibit
entry within 500 yards of salvage
operations of a sunken vessel. 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
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
between October 31, 2024, and
November 30, 2024, after issuance of a
BNM, as detailed above.
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:
[FR Doc. 2024–25718 Filed 11–5–24; 8:45 am]
■
BILLING CODE 9110–04–P
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.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T05–0972, to read as
follows.
■
(a) Location. All navigable waters, on
a portion of the Atlantic Ocean, within
500 yards of a sunken vessel being
salvaged, in position latitude
40°05′32.3″ N, longitude 74°01′28.4″ W.
(WGS 84)
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Sector Delaware Bay
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 or remain
in 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 or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or (215) 271–4807. 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.
(3) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. (1) The safety zone
created by this section will be enforced
only upon issuance of a Broadcast
Notice to Mariners (BNM) by the COTP,
as well as on-scene notice or other
appropriate means in accordance with
§ 165.7.
(2) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This rule will
be enforced for a seven-day period
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15:45 Nov 05, 2024
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40 CFR Part 52
[EPA–R03–OAR–2024–0302; FRL–12064–
02–R3]
§ 165.T05–0972 Safety Zone; Atlantic
Ocean, Point Pleasant Beach, NJ.
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Dated: October 31, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
87955
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Sean Silverman, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5511. Mr.
Silverman can also be reached via
electronic mail at silverman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
Air Plan Approval; Pennsylvania;
Adoption of Federal Implementation
Plan Reasonably Available Control
Technology Requirements for
Keystone, Conemaugh, Homer City,
and Montour Generating Facilities for
the 1997 and 2008 Ozone National
Ambient Air Quality Standards
I. Background
On August 16, 2022, (87 FR 50257)
EPA took final action to disapprove
portions of a Pennsylvania SIP revision
submitted May 16, 2016 that, among
other things, established NOX emission
limitations for the coal-fired EGUs
equipped with SCR at the Keystone,
Conemaugh, Homer City, and Montour
AGENCY: Environmental Protection
facilities, to satisfy certain RACT
Agency (EPA).
obligations for the 1997 and 2008 ozone
ACTION: Final rule.
NAAQS.1 EPA’s August 16, 2022, final
SUMMARY: The Environmental Protection disapproval started a sanctions clock
Agency (EPA) is approving a portion of
under CAA section 179 and 40 CFR
the state implementation plan (SIP)
52.31. The two-to-one new source
revisions submitted by the
emissions offset sanction took effect on
Commonwealth of Pennsylvania. The
March 15, 2024 (18 months following
revisions being approved adopt nitrogen the September 15, 2022, effective date of
oxides (NOX) emission limits and
the August 16, 2022, disapproval, 87 FR
requirements for the coal-fired electric
50257). Highway funding sanctions
generating units (EGUs) equipped with
would have taken effect September 15,
selective catalytic reduction (SCR) at the 2024, unless the state submitted, and
Keystone, Conemaugh, Homer City, and EPA approved, SIP revisions correcting
Montour facilities. The NOX limits
the deficiencies identified in the August
address reasonably available control
16, 2022, disapproval action.
On August 31, 2022, EPA issued a
technology (RACT) requirements for
these EGUs for the 1997 and 2008 ozone Federal implementation plan (FIP)
adopting NOX RACT limits for these
national ambient air quality standards
four sources addressing these same
(NAAQS) and address the deficiencies
RACT obligations. 87 FR 53381. Three
identified in EPA’s August 16, 2022,
of the sources subject to the FIP filed a
disapproval of an earlier SIP
challenge to the FIP in the U.S. Third
submission. This action is being taken
Circuit Court of Appeals. Keystoneunder the Clean Air Act (CAA).
Conemaugh Projects LLC v. EPA, et al.,
DATES: This final rule is effective on
No. 22–3026. Following briefing and
December 6, 2024.
oral argument, on May 2, 2024, the
ADDRESSES: EPA has established a
Third Circuit issued a decision
docket for this action under Docket ID
Number EPA–R03–OAR–2024–0302. All upholding the RACT limits and other
requirements in EPA’s August 31, 2022,
documents in the docket are listed on
FIP. The court decided and resolved all
the www.regulations.gov website.
issues raised by the Petitioners in EPA’s
Although listed in the index, some
favor. Id.
information is not publicly available,
On April 10, 2024, Pennsylvania
e.g., confidential business information
Department
of Environmental Protection
(CBI) or other information whose
(PADEP) submitted two SIP revisions to
disclosure is restricted by statute.
Certain other material, such as
1 A more detailed and complete summary of the
copyrighted material, is not placed on
history of the RACT limits for these EGUs can be
the internet and will be publicly
found in the Notice of Proposed Rulemaking for this
final action. 89 FR 56680 (July 10, 2024).
available only in hard copy form.
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]]>Agencies
[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Rules and Regulations]
[Pages 87953-87955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25718]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0972]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Point Pleasant Beach, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
salvage operations for a sunken vessel. The safety zone encompasses
navigable waters on a portion of the Atlantic Ocean in the vicinity of
Point Pleasant Beach, NJ within a 500-yard radius of the salvage
operations. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by the
salvage operations of the sunken vessel. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port, Sector Delaware Bay.
DATES: This rule is effective without actual notice from November 6,
2024 through November 30, 2024. For the purposes of enforcement, actual
notice will be used from October 31, 2024, through November 6, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0972 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
proposed rulemaking, call or email MST1 Jonathan Lougheed, Waterways
Management Division, U.S. Coast Guard Sector Delaware Bay; (215) 271-
4814, [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 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 prompt action is
needed to respond to the potential safety hazards associated with the
salvage operations of a sunken vessel. It is impracticable to publish
an NPRM because salvage operations may begin as soon as October 31,
2024.
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
[[Page 87954]]
this rule would be impracticable because prompt action is needed to
respond to the potential safety hazards associated with the salvage
operations of a sunken vessel.
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 Delaware Bay (COTP) has
determined that potential hazards associated with the salvage
operations of the sunken vessel will be a safety concern for the
vessels involved with the salvage operations and anyone within a 500-
yard radius of salvage operations. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the salvage operations are being
conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone which will be in
effect from October 31, 2024, through November 30, 2024. The rule will
only be subject to enforcement, however, for a seven-day period within
the time the rule will be in effect. There needs to be a seven-day
window of good weather for salvage operations to be conducted safely.
The safety zone will only be enforced upon issuance of a Broadcast
Notice to Mariners by the COTP, as well as on-scene notice. The safety
zone will cover all navigable waters, on a portion of the Atlantic
Ocean, within 500 yards of the sunken vessel being salvaged, in
position latitude 40[deg]05'32.3'' N, longitude 74[deg]01'28.4'' W.
This coordinate is based on Datum WGS 84. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the salvage operations. 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,
duration, and location of the temporary safety zone. The safety zone is
effective for 30 days but will only be enforced for 7 days during
active salvage operations. Vessel traffic will be able to safely
transit around the safety zone while the safety zone is being enforced.
Moreover, the Coast Guard will release the details of the zone via a
Broadcast Notice to Mariners on VHF-FM radio channel 16.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do not apply to
rules not subject to notice and comment. As the Coast Guard has, for
good cause, waived notice and comment requirement that would otherwise
apply to this rulemaking, the Regulatory Flexibility Act's provisions
do not apply here.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed 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 7 days that will prohibit entry within 500 yards of
salvage operations of a sunken vessel. 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
[[Page 87955]]
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.T05-0972, to read as follows.
Sec. 165.T05-0972 Safety Zone; Atlantic Ocean, Point Pleasant Beach,
NJ.
(a) Location. All navigable waters, on a portion of the Atlantic
Ocean, within 500 yards of a sunken vessel being salvaged, in position
latitude 40[deg]05'32.3'' N, longitude 74[deg]01'28.4'' W. (WGS 84)
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port (COTP), Sector Delaware Bay 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 or remain in 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 or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or (215) 271-
4807. 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.
(3) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement. (1) The safety zone created by this section will
be enforced only upon issuance of a Broadcast Notice to Mariners (BNM)
by the COTP, as well as on-scene notice or other appropriate means in
accordance with Sec. 165.7.
(2) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(e) Enforcement period. This rule will be enforced for a seven-day
period between October 31, 2024, and November 30, 2024, after issuance
of a BNM, as detailed above.
Dated: October 31, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-25718 Filed 11-5-24; 8:45 am]
BILLING CODE 9110-04-P
