5768 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations 

propionate as a source of chromium in 

turkey feed and that the food additive 

regulations should be amended as set 

forth in this document. 

III. Public Disclosure 

In accordance with § 571.1(h) (21 CFR 

571.1(h)), the petition and documents 

we considered and relied upon in 

reaching our decision to approve the 

petition will be made available for 

public disclosure (see FOR FURTHER

INFORMATION CONTACT). As provided in 

§ 571.1(h), we will delete from the 

documents any materials that are not 

available for public disclosure. 

IV. Analysis of Environmental Impact 

The Agency has carefully considered 

the potential environmental effects of 

this action. FDA has concluded that the 

action will not have a significant impact 

on the human environment and that an 

environmental impact statement is not 

required. The Agency’s finding of no 

significant impact and the evidence 

supporting that finding, contained in an 

environmental assessment, may be seen 

in the Dockets Management Staff (see 

ADDRESSES) between 9 a.m. and 4 p.m., 

Monday through Friday. 

V. Objections and Hearing Requests 

If you will be adversely affected by 

one or more provisions of this 

regulation, you may file with the 

Dockets Management Staff (see 

ADDRESSES) either electronic or written 

objections. You must separately number 

each objection, and within each 

numbered objection you must specify 

with particularity the provision(s) to 

which you object, and the grounds for 

your objection. Within each numbered 

objection, you must specifically state 

whether you are requesting a hearing on 

the particular provision that you specify 

in that numbered objection. If you do 

not request a hearing for any particular 

objection, you waive the right to a 

hearing on that objection. If you request 

a hearing, your objection must include 

a detailed description and analysis of 

the specific factual information you 

intend to present in support of the 

objection in the event that a hearing is 

held. If you do not include such a 

description and analysis for any 

particular objection, you waive the right 

to a hearing on the objection. 

List of Subjects in 21 CFR Part 573 

Animal feeds, Food additives. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 573 is 

amended as follows: 

PART 573—FOOD ADDITIVES 

PERMITTED IN FEED AND DRINKING 

WATER OF ANIMALS 

■ 1. The authority citation for part 573 

continues to read as follows: 

Authority: 21 U.S.C. 321, 342, 348. 

■ 2. In § 573.304, revise the section 

heading and paragraphs (b)(1), (d)(3)(i), 

and (e)(2)(ii)(A) to read as follows: 

§ 573.304 Chromium propionate. 

* * * * * 

(b) * * * 

(1) In complete feed for broiler 

chickens and growing turkeys at a level 

not to exceed 0.2 milligrams (mg) of 

chromium from chromium propionate 

per kilogram feed. 

* * * * * 

(d) * * * 

(3) * * * 

(i) A level of 0.2 ppm in complete 

feed for broiler chickens and growing 

turkeys. 

* * * * * 

(e) * * * 

(2) * * * 

(ii) * * * 

(A) For feed for broiler chickens and 

growing turkeys, ‘‘Chromium from all 

sources of supplemental chromium 

cannot exceed 0.2 parts per million of 

the complete feed.’’ 

* * * * * 

Dated: January 25, 2024. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2024–01796 Filed 1–29–24; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

Procedure and Administration 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

■ In Title 26 of the Code of Federal 

Regulations, Parts 300 to 499, revised as 

of April 1, 2023, amend section 

301.6721–1 by reinstating paragraph 

(b)(6) to read as follows: 

§ 301.6721–1 Failure to file correct 

information returns. 

* * * * * 

(b) * * * 

(6) Application to returns not due on 

February 28, or March 15. For returns 

that are not due on February 28 or 

March 15 (for example, Forms 8300 

reporting certain cash payments of 

$10,000 or more), the penalty is $15 if 

the failure is corrected within 30 days. 

If the failure is corrected after 30 days, 

the penalty is $50 rather than $30. There 

is no period during which the penalty 

is reduced to $30 under paragraph (b)(2) 

of this section. 

* * * * * 

[FR Doc. 2024–01924 Filed 1–29–24; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0020] 

RIN 1625–AA00 

Safety Zone; North Pacific Ocean, 

Dutch Harbor, AK 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Amendment to temporary final 

rule; reduction in size of safety zone. 

SUMMARY: The Coast Guard is amending 

the temporary safety zone for the M/V 

GENIUS STAR XI navigable waters from 

1 nautical mile radius to a 1⁄2 nautical 

mile radius. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by a fire onboard the M/ 

V GENIUS STAR XI. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Western Alaska 

(COTP). 

DATES: This rule is effective without 

actual notice from January 30, 2024, 

through March 6, 2024. For the 

purposes of enforcement, actual notice 

will be used from January 19, 2024, 

until January 30, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0020 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LT William Mason, Sector 

Anchorage, AK Waterways Management 

Division, U.S. Coast Guard; telephone 


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Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations 5769 

907–428–4100, email sectoranchorage@

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 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 

publishing an NPRM would be 

impracticable because of the urgent 

need to establish a safety zone as soon 

as possible to enhance public safety 

given the dangers associated with a 

vessel recently on fire. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with a recent fire onboard the 

M/V GENIUS STAR XI and the 

emergency operations taking place. 

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, Western Alaska, has 

determined that potential hazards 

associated with ongoing response 

activities for a recent vessel fire and the 

hazardous materials onboard the vessel 

will be a safety concern for anyone 

within a 1⁄2 nautical mile radius of the 

M/V GENIUS STAR XI. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

from the potential hazards created by 

the vessel fire. The duration of the rule 

is necessary due to the challenges 

associated with getting materiel and 

personnel to the vessel given its remote 

location. 

IV. Discussion of the Rule 

This rule establishes an amended 

safety zone from January 19, 2024, 

through March 6, 2024. The safety zone 

will be reduced from the previous 1 

nautical mile radius, to a 1⁄2 nautical 

mile radius and will cover all navigable 

waters of the M/V GENIUS STAR XI 

within the Captain of the Port Zone 

Western Alaska in the vicinity of the 

Port of Dutch Harbor, Alaska. The M/V 

GENIUS STAR XI, IMO 9622710, is a 

410-foot General cargo ship with a white 

superstructure and a black hull. 

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 safety of emergency 

operators in the vicinity of the M/V 

GENIUS STAR XI. The small size and 

short duration of this safety zone 

combined with anticipated limited 

vessel traffic is expected to minimally 

restrict vessel movements. Moreover, 

the Coast Guard will issue a Broadcast 

Notice to Mariners via available local 

means about the zone, and the rule will 

allow vessels to seek permission under 

certain conditions to enter the zone 

from the COTP or a designated 

representative. 

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 


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5770 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations 

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 60 days based on the 

response operations for the fire onboard 

the M/V GENIUS STAR XI and will 

prohibit entry within 1⁄2 nautical mile of 

the vessel. It is categorically excluded 

from further review under paragraph 

L60d of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Revise § 165.T17–0020, added at 89 

FR 1457 (January 10, 2024), to read as 

follows: 

§ 165.T17–0020 Safety Zone; North Pacific 

Ocean, Dutch Harbor, AK. 

(a) Location. The following is a safety 

zone: All navigable waters within a 1⁄2

nautical mile radius of the M/V GENIUS 

STAR XI within the Captain of the Port 

Zone Western Alaska in the vicinity of 

the Port of Dutch Harbor, Alaska. 

(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 Western Alaska (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you shall 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 via Marine VHF channel 

16 or by calling the USCG Command 

Center at 907–428–4100. 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 from January 19, 2024, 

through March 6, 2024. 

Dated: January 19, 2024. 

C.A. Culpepper, 

Captain, U.S. Coast Guard, Captain of the 

Port Western Alaska. 

[FR Doc. 2024–01857 Filed 1–26–24; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0630; FRL–11617– 

01–R9] 

Finding of Failure To Submit State 

Implementation Plan Submissions for 

the 2012 Fine Particulate Matter 

National Ambient Air Quality 

Standards; California; Los AngelesSouth Coast Air Basin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

find that California has failed to submit 

state implementation plan (SIP) 

elements required under the Clean Air 

Act (CAA or ‘‘Act’’) to implement the 

2012 national ambient air quality 

standards (NAAQS) for fine particulate 

matter (PM2.5) (‘‘2012 PM2.5 NAAQS’’) 

in the Los Angeles-South Coast Air 

Basin (‘‘South Coast’’). California was 

required to submit a SIP that meets the 

Serious area plan requirements for a 

reasonable further progress 

demonstration, quantitative milestones, 

an attainment demonstration, and 

contingency measures for the 2012 

PM2.5 NAAQS by December 31, 2023. 

The State submitted the required SIP 

elements, but subsequently withdrew its 

submission. If the EPA has not 

affirmatively found that the State has 

submitted a complete SIP to correct 

these deficiencies within 18 months of 

this finding, the offset sanctions will 

apply in the area. If within six 

additional months the EPA has still not 

affirmatively determined that the State 

has submitted a complete SIP to correct 

the deficiencies, the highway funding 

sanction will apply in the area. No later 

than two years after the EPA makes this 

finding, if the State has not submitted 

and the EPA has not approved each of 

the required SIP elements, the EPA must 

promulgate a Federal implementation 

plan (FIP) to address the remaining 

requirements. 

DATES: The effective date of this action 

is February 29, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0630. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 


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