Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 76417 

regulations in 33 CFR 100.703 for the 

Clearwater Offshore Nationals race 

regulated area identified in table 1 to 

§ 100.703, item no. 6, from 8 a.m. until 

4 p.m., on September 28–29, 2024. This 

action is being taken to provide for the 

safety of life on navigable waterways 

during this event. Our regulation for 

recurring marine events, Sector St. 

Petersburg, § 100.703, table 1 to 

§ 100.703, item no. 6, specifies the 

location of the regulated area for the 

Clearwater Offshore Nationals race, 

which encompasses portions of the Gulf 

of Mexico near Clearwater, FL. During 

the enforcement periods, as reflected in 

§ 100.703(c), if you are the operator of 

a vessel in the regulated area you must 

comply with directions from the Patrol 

Commander or any designated 

representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, marine 

information broadcasts, or both. 

Dated: September 12, 2024. 

Michael P. Kahle, 

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

Port St. Petersburg. 

[FR Doc. 2024–21230 Filed 9–17–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0867] 

RIN 1625–AA00 

Safety Zone; Christina River, Delaware 

River, Wilmington, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 1,000-yard 

radius of the oil transfer dock at 

Buckeye Terminal Wilmington, in 

Wilmington, DE. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by a fuel oil 

discharge. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector Delaware Bay or a 

designated representative. 

DATES: This rule is effective without 

actual notice from September 18, 2024 

through 11:59 p.m. September 19, 2024. 

For the purposes of enforcement, actual 

notice will be used from 11 a.m. 

September 12, 2024, until September 18, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0867 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 Petty Officer Dylan Caikowski, 

Waterways Management Division, U.S. 

Coast Guard Sector Delaware Bay; 

telephone (215) 271–4814, email 

SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port, Sector Delaware 

Bay 

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 

A fuel oil discharge occurred at the oil 

transfer dock at Buckeye Terminal, in 

Wilmington, Delaware, on September 

12, 2024, and prompt action is needed 

to respond to the potential safety 

hazards associated a fuel oil discharge 

into a navigable waterway. The Coast 

Guard is issuing this temporary rule 

under the 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 would be contrary to the 

public interest to delay publication of a 

final rule to deal with this emergency 

situation. 

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 

prompt action is needed to respond to 

the potential safety hazards associated a 

fuel oil discharge into a navigable 

waterway. 

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 a fuel oil 

discharge into a navigable waterway 

will be a safety concern for anyone 

within a 1,000-yard radius of the oil 

transfer dock at Buckey Terminal 

Wilmington, in Wilmington, DE. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while responding to a discharge of 

fuel oil. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from September 12, 2024, 

through September 19, 2024. The safety 

zone will cover all navigable waters of 

the Christina River and the Delaware 

River within 1,000 yards of the oil 

transfer dock at Buckeye Terminal 

Wilmington, in Wilmington, DE, in 

position latitude 39°42.96′ N, longitude 

75°30.84′ W. The duration of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while responding 

to a discharge of fuel oil. 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 size, duration, and location 

of the temporary safety zone. The safety 

zone is effective for 7 days but will only 

be enforced while personnel are 

responding to the fuel oil discharge. 

Vessel traffic may be able to transit 

through the safety zone if authorized by 


khammond on DSKJM1Z7X2PROD with RULES
76418 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 

the COTP or a designated 

representative. 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 this rule. They 

do not apply because this rule fits a 5 

U.S.C. 553(b)(B) good-cause exception 

for notice-and-comment rulemaking. 

Therefore, we were not required to 

publish a notice of proposed 

rulemaking. 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 lasting only 7 

days that will prohibit entry within 

1,000 yards of Buckeye Terminal 

Wilmington, in Wilmington, DE, to 

respond to the potential safety hazards 

associated a fuel oil discharge into a 

navigable waterway. 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 

■ 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. Add § 165.T05–0867, to read as 

follows. 

§ 165.T05–0867 Safety Zone; Christina 

River, Delaware River, Wilmington, DE 

(a) Location. All navigable waters of 

the Christina River and the Delaware 

River, within 1,000 yards of the oil 

transfer dock at Buckeye Terminal 

Wilmington, in Wilmington DE, in 

position latitude 39°200E;42.96’N, 

longitude 75°200E;30.84’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. 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 in effect from 11 a.m. on September 

12, 2024, to 11:59 p.m. on September 

19, 2024. 


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 76419 

Dated: September 12, 2024. 

Kate F. Higgins-Bloom, 

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

Port, Sector Delaware Bay. 

[FR Doc. 2024–21157 Filed 9–17–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0775] 

RIN 1625–AA00 

Safety Zone: Chelsea Day Fireworks, 

Boston Inner Harbor, Mystic River, 

Chelsea MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Boston Inner 

Harbor within a 300-yard radius of the 

fireworks barge in the vicinity of 

Admiral’s Hill, Mystic River, Chelsea, 

Massachusetts. This action is needed to 

protect the maritime public and event 

participants from potential hazards 

created by a fireworks event taking 

place in a heavily trafficked harbor 

scheduled for September 21, 2024, with 

a rain date of September 22, 2024. Entry 

of vessels or persons into this zone is 

prohibited unless authorized by the 

Captain of the Port Sector Boston, or a 

designated representative. 

DATES: This rule is effective from 7:30 

p.m. through 10 p.m. on September 21, 

2024, with a rain date effective from 

7:30 p.m. through 10 p.m. on September 

22, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov type USCG–2024– 

0775 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 Mr. Timothy W. Chase, Sector 

Boston, Waterways Management, phone 

(617) 447–1620, email 

Timothy.W.Chase@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Boston 

DHS Department of Homeland Security 

FR Federal Register 

MA Massachusetts 

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 doing 

so would be impracticable. The Coast 

Guard was not made aware of the 

fireworks event with sufficient time to 

publish an NPRM, take public 

comments, consider those comments, 

and issue a final rule by the scheduled 

date of the event. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by September 

21, 2024. 

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 prompt action is needed to 

respond to the potential safety hazards 

associated with a fireworks event taking 

place in a heavily trafficked harbor. 

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 Boston 

(COTP) has determined that potential 

hazards exist with a fireworks event 

occurring in a heavily trafficked harbor 

in the vicinity of Admiral’s Hill, Boston 

Inner Harbor, Mystic River, Chelsea, 

Massachusetts. This rule is needed to 

protect the maritime public and event 

participants from the hazards associated 

with the fireworks event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7:30 p.m. to 10 p.m. on September 

21, 2024, with a rain date of September 

22, 2024. The safety zone will cover all 

the navigable waters of a portion of 

Boston Inner Harbor in the vicinity of 

Admiral’s Hill, Mystic River, Chelsea, 

specifically within a 300-yard radius of 

the fireworks barge in approximate 

position 42°23′08′′ N, 071°3′03′′ W. The 

duration of the zone is intended to 

protect event participants, support 

personnel, vessels, and the marine 

environment in these navigable waters 

during the fireworks event. No vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

Requests to enter the zone will be 

considered and reviewed on a case-bycase basis. The COTP may be contacted 

by telephone at (856) 416–3015 or can 

be reached by VHF–FM channel 16. 

Persons and vessels permitted to enter 

this safety zone must transit at their 

slowest safe speed to minimize wake 

and comply with all lawful directions 

issued by the COTP or the 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, location, duration, 

and time-of-year of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small, designated area of 

Boston Inner Harbor in the vicinity of 

Admiral’s Hill, Mystic River, Chelsea, 

MA, in support of a fireworks event on 

September 21, 2024, with a rain date of 

September 22, 2024. Additionally, this 

safety zone will be of limited duration, 

two- and one-half hours, to minimize 

any adverse impacts to vessels who seek 

to transit the navigable waters. 

Moreover, the Coast Guard will issue a 

Local Notice to Mariners well in 

advance of the event and a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 regarding the zone prior to 

commencement of the event, and the 

rule allows vessels to seek permission to 

enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 


khammond on DSKJM1Z7X2PROD with RULES