Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9769 

7The Attorney General has authority to bring a civil action when a person has violated or is about to violate a provision under this statute. 42 U.S.C. 5157(b) 

(2015). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its regulation. 44 CFR 

206.14(d) (2015). The Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under this statute. 42 CFR 38.8 

(2015). 8Section 1956(b)(1) of Title 18 provides that whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a 

transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of the value of the 

property, funds, or monetary instruments involved in the transaction; or $10,000. 18 U.S.C. 1956(b)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b)(1)(B), which is only one aspect of the possible civil penalty imposed under section 1956(b). 9The SUPPORT for Patients and Communities Act, Public Law 115–221 was enacted Oct. 24, 2018. 

10Section 842(c)(2)(C) of Title 21 provides that in addition to the penalties set forth elsewhere in the subchapter or subchapter II of the chapter, any business that 

violates paragraph (11) of subsection (a) of the section shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall 

not be subject to criminal penalties under the section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last 

previously imposed penalty, whichever is greater. 21 U.S.C. 842(c)(2)(C) (2015). The adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty amount stated in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding 

violation imposed under section 842(c)(2)(C). 11Section 856(d)(1) of Title 21 provides that any person who violates subsection (a) of the section shall be subject to a civil penalty of not more than the greater of 

$250,000; or 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. 21 U.S.C. 856(d)(1) (2015). 

The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1). 12The date of assessment for purposes of calculating the minimum and maximum civil money penalties for violations of 8 U.S.C. 1324a under 28 CFR 85.5 is the 

date of the OCAHO final order, rather than the date of service of the Notice of Intent to Fine. United States v. Edgemont Group, LLC, 17 OCAHO no. 1470e (2023). 

Dated: February 5, 2024. 

Susan M. Davies, 

Acting Assistant Attorney General, Office of 

Legal Policy. 

[FR Doc. 2024–02829 Filed 2–9–24; 8:45 am] 

BILLING CODE 4410–BB–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0130] 

RIN 1625–AA00 

Safety Zone; Fireworks Scattering; San 

Francisco Bay, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San 

Francisco Bay, off Treasure Island, CA 

in support of a fireworks display on 

February 10, 2024. The safety zone is 

necessary to protect persons, vessels, 

and the marine environment from 

potential hazards caused by 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering, 

transiting through, or remaining in the 

safety zone without the permission of 

the Captain of the Port San Francisco or 

a designated representative. 

DATES: This rule is effective from 10:30 

a.m. until 11:35 a.m. on February 10, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0130 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 Lieutenant William K. Harris, 

U.S. Coast Guard Sector San Francisco, 

Waterways management Division, at 

telephone (415) 399–7443, or email 

SFWaterways@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 it is 

impracticable. The Coast Guard did not 

receive final details for this event until 

January 30, 2024. It is impracticable to 

go through the full notice and comment 

rulemaking process because the Coast 

Guard must establish this safety zone by 

February 10, 2024, and lacks sufficient 

time to provide a reasonable comment 

period and to consider those comments 

before issuing the rule. 

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 contrary to public 

interest because action is necessary to 

protect personnel, vessels, and the 

marine environment from the potential 

safety hazards associated with the 

fireworks display off Treasure Island, 

CA on February 10, 2024. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 46 U.S.C. 70034. The 

Captain of the Port (COTP) San 

Francisco has determined that potential 

hazards associated with the scheduled 

Fireworks Scattering display on 

February 10, 2024, will be a safety 

concern for anyone within a 400-foot 

radius of the fireworks display starting 

30 minutes before the fireworks display 

is scheduled to commence and ending 

30 minutes after the conclusion of the 

fireworks display. For this reason, this 

temporary safety zone is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters during the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 10:30 a.m. until 11:35 

a.m. on February 10, 2024, from 30 

minutes prior to the start of the 

fireworks display, and until 30 minutes 

after the completion of the fireworks 

display. At 10:30 a.m., which is 30 

minutes prior to the commencement of 

the 5-minute fireworks display, the 

safety zone will encompass the 

navigable waters around the fireworks 

vessel, from surface to bottom, within a 

circle formed by connecting all points 

400-feet out from the coordinates at 

approximately 37°50′17.9′′ N, 

122°21′16.5′′ W (NAD 83). The safety 

zone will terminate at 11:35 a.m. on 

February 10, 2024, or as announced via 

Marine Information Broadcast. 

This regulation is necessary to keep 

persons and vessels away from the 

immediate vicinity of the fireworks 

scattering site. Except for persons or 

vessels authorized by the COTP or the 

COTP’s designated representative, no 

person or vessel may enter or remain in 

a restricted area. A ‘‘designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel, 

or a Federal, State, or local officer 


khammond on DSKJM1Z7X2PROD with RULES
9770 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

designated by or assisting the COTP in 

the enforcement of the Safety Zone. This 

regulation is necessary to ensure the 

safety of participants, spectators, and 

transiting vessels. 

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 limited duration and 

narrowly tailored geographic area of the 

safety zone. Although this rule restrict 

access to the water encompassed by the 

safety zone, the effect of this rule will 

not be significant because local 

waterways users will be notified to 

ensure the safety zone will result in 

minimum impact. The vessels desiring 

to transit through or around the 

temporary safety zone may do so upon 

express permission from the COTP or 

the COTP’s 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 

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 

temporary safety zone in the navigable 

waters surrounding the fireworks vessel 

within the San Francisco Bay off 

Treasure Island, CA. 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 

■ 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. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9771 

■ 2. Add § 165.T11–157 to read as 

follows: 

§ 165.T11–157 Safety Zone; Fireworks 

Scattering; San Francisco Bay, San 

Francisco, CA 

(a) Locations. The following area is a 

safety zone: all navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 400-feet out from 

37°50′17.9′′ N, 122°21′16.5′′ W (NAD 83) 

between 10:30 a.m. and 11:35 a.m. on 

February 10, 2024, or as announced by 

Marine Information Bulletin. 

(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, or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port (COTP) San Francisco 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) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

Persons and vessels may request 

permission to enter the safety zone 

through the 24-hour Command Center at 

telephone (415) 399–3432. 

(d) Enforcement period. This section 

will be enforced from 10:30 a.m. until 

11:35 a.m. on February 10, 2024. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Dated: February 3, 2024. 

Taylor Q. Lam, 

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

Port Sector San Francisco. 

[FR Doc. 2024–02701 Filed 2–8–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R01–OAR–2023–0353; FRL–11161– 

02–R1] 

Air Plan Approval and Operating 

Permit Program Approval; 

Connecticut; Revision to Definitions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve, through parallel processing, a 

revised definition in the State 

Implementation Plan (SIP) and the Title 

V Operating Permit Program for the 

State of Connecticut. On November 30, 

2023, the Connecticut Department of 

Energy and Environmental Protection 

(CT DEEP) submitted to EPA the State’s 

adopted regulatory amendments to the 

definition of ‘‘severe non-attainment 

area for ozone’’ for inclusion in the 

EPA-approved SIP and Title V 

Operating Permit Program. The revision 

is necessary to fully implement these 

programs based on a nonattainment 

reclassification to a portion of 

Connecticut for the 2008 ozone National 

Ambient Air Quality Standard. EPA is 

approving these revisions pursuant to 

the Clean Air Act (CAA) and 

implementing federal regulations. 

DATES: This rule is effective on March 

13, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2023–0353. 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, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 5–MI), Boston, MA 

02109–3912, tel. (617) 918–1660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On July 17, 2023 (88 FR 45373), EPA 

published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

Connecticut. The NPRM proposed 

approval of a revised definition in the 

SIP and the Title V Operating Permit 

Program for the State of Connecticut. On 

June 9, 2023, CT DEEP requested 

parallel processing of the revised 

definition of ‘‘severe non-attainment 

area for ozone’’ within the Regulations 

of Connecticut State Agencies (RCSA) 

22a–174–1 for approval into the SIP and 

as a program revision to the State’s Title 

V operating permitting program. Under 

the parallel processing procedure, EPA 

proposed approval of the revised 

definition before the State’s final 

adoption of the definition. Connecticut 

subsequently adopted the revised 

definition which became effective on 

November 13, 2023. The formal 

revisions to the SIP and the Title V 

operating permitting program were 

submitted by Connecticut on November 

30, 2023. 

The rationale for EPA’s proposed 

approval of the revised definition in the 

SIP and the Title V operating permitting 

program are explained in the NPRM and 

will not be restated here. EPA is 

proceeding with our final approval of 

the November 30, 2023 submitted 

revisions to the Connecticut SIP and 

Title V Operating Permit Program, 

consistent with the parallel processing 

provisions in 40 CFR part 51, Appendix 

V. EPA has reviewed Connecticut’s 

adopted definition of ‘‘severe nonattainment area for ozone’’ contained in 

RCSA 22a–174–1, and it does not differ 

from the proposed regulation submitted 

as part of the parallel processing request 

on June 9, 2023. That is, CT DEEP 

adopted the revisions as they were 

proposed, i.e. no changes were made. 


khammond on DSKJM1Z7X2PROD with RULES