Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Rules and Regulations 77453 

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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. If 

we determine that changes to the 

temporary interim rule are necessary, 

the Coast Guard will publish a 

temporary final rule or other 

appropriate document. If you submit a 

comment, please include the docket 

number for this rulemaking, indicate the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2024–0303 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this rule for alternate 

instructions. 

Viewing material in docket. To view 

documents mentioned in this temporary 

interim rule as being available in the 

docket, find the docket as described in 

the previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the Dockets tab and then the 

temporary interim rule, you should see 

a ‘‘Subscribe’’ option for email alerts. 

The option will notify you when 

comments are posted, or a subsequent 

document is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the rule. We may 

choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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.T01–0820 to read as 

follows: 

§ 165.T01–0820 Safety Zone; Kernwood 

Avenue Bridge Repairs—Danvers River, 

Salem, MA, and Beverly, MA. 

(a) Location. The following area is a 

safety zone: all navigable waters within 

a 100-yard radius of the center point of 

the Massachusetts Department of 

Transportation (MassDOT) Kernwood 

Avenue Bridge, at mile 1.0 spanning the 

Danvers River between Salem, MA, and 

Beverly, MA, in approximate position 

42°32′34.8′′ N 70°53′54.2′′ W. 

(b) Enforcement period. The safety 

zone in paragraph (a) of this section is 

effective from September 15, 2024, 

through 11:59 p.m. on December 31, 

2024. The section is subject to 

enforcement from 9 p.m. to 5 a.m. 

Sunday through Thursday, or in 

response to an emergency or hazardous 

condition during this period. The Coast 

Guard will make notice of this safety 

zone via the Local Notice to Mariners 

and issue a Broadcast Notice to 

Mariners via marine channel 16 (VHF– 

FM) as soon as practicable in response 

to an emergency or hazardous 

condition. In addition, if the project is 

completed before 11:59 p.m. on 

December 31, 2024, enforcement of the 

safety zone will be suspended, and 

notice given via Local Notice to 

Mariners. The First Coast Guard District 

Local Notice to Mariners can be found 

at: http://www.navcen.uscg.gov. 

(c) Definitions. As used in this 

section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, petty officer, or any federal, 

state, or local law enforcement officer 

who has been designated by the Captain 

of the Port Boston (COTP) to act on his 

or her behalf. The designated 

representative may be on an official 

patrol vessel or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(2) Official patrol vessels mean any 

Coast Guard, Coast Guard Auxiliary, 

state, or local law enforcement vessels 

assigned or approved by the COTP to 

enforce this section. 

(d) Regulations. When this safety zone 

is enforced, the following regulations, 

along with those contained in 33 CFR 

165.23 apply: 

(1) No person or vessel may enter or 

remain in the safety zone described in 

paragraph (a) of this section without the 

permission of the COTP or the COTP’s 

designated representatives. Any person 

or vessel permitted to enter the safety 

zone must comply with the lawful 

directions and orders of the COTP or the 

COTP’s designated representatives. 

(2) To seek permission to enter the 

safety zone, individuals may reach the 

COTP or a COTP-designated 

representative via Channel 16 (VHF– 

FM) or (857) 416–3015 (Sector Boston 

Command Center). 

J.J. Schock, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Boston. 

[FR Doc. 2024–21688 Filed 9–20–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0755] 

RIN 1625–AA00 

Safety Zone; Lake Erie, Hamburg, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

within 656 yards of the Andrew D. 

Byers Water Circular DZ, adjacent to 

Hamburg Beach on Lake Erie. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

military exercise. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Eastern Great Lakes 

or a designated representative. 

DATES: This rule is effective from 6 a.m. 

through 11:30 p.m. from September 26, 

2024, through September 27, 2024. 


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77454 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Rules and Regulations 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0755 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 Kelley, 

Waterways Management, U.S. Coast 

Guard; telephone (716) 931–4680, email 

D09-SMB-SECBuffalo-WWM@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 

insufficient notice was given by the 

sponsor to provide for a comment 

period prior to the date of safety zone 

implementation and prompt action is 

needed to prevent the endangerment of 

the general public. 

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. For the same reasons 

discussed in the preceding paragraph, 

waiting for a 30-day notice period to run 

would be impracticable and contrary to 

the public interest. 

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 Eastern Great Lakes 

(COTP) has determined that potential 

hazards exist associated with U.S. Army 

SOF Water Operations from September 

26, 2024 through September 27, 2024. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while exercises are being 

conducted. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 6 a.m. through 11:30 p.m. from 

September 26, 2024 through September 

27, 2024. The safety zone will cover all 

navigable waters within 656 yards of the 

Andrew D. Byers Water Circular DZ on 

Lake Erie near Hamburg, NY, during a 

military exercise. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the 

exercise is in progress. No vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. View the 

regulatory text at the end of this 

document to see the precise coordinates 

for the center of the radius. 

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 necessity to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone while exercises 

are being conducted. 

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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Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Rules and Regulations 77455 

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 35 hours over two days that 

will prohibit entry within 656 yards of 

42°46′20.6′′ N,78°52′42.5′′ W. It is 

categorically excluded from further 

review under paragraph L60a 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. Add § 165.T24–0755 to read as 

follows: 

§ 165.T24–0755 Safety Zone; Lake Erie, 

Hamburg, NY. 

(a) Location. The following area is a 

safety zone: All waters of Lake Erie, 

from surface to bottom, in a 656-yard 

radius of 42°46′20.6′′ N, 78°52′42.5′′ W. 

(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 Eastern Great Lakes. (COTP) 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) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by phone: (716) 843– 

9560. 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 6 a.m. through 

11:30 p.m. from September 26, 2024, 

through September 27, 2024. 

Dated: September 17, 2024. 

S.M. Murray, 

Commander, U.S. Coast Guard, Alternate 

Captain of the Port Eastern Great Lakes. 

[FR Doc. 2024–21655 Filed 9–20–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 231215–0305; RTID 0648– 

XE310] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer From North Carolina to 

New Jersey 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2024 commercial summer 

flounder quota to the State of New 

Jersey. This adjustment to the 2024 

fishing year quota is necessary to 

comply with the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan (FMP) quota transfer 

provisions. This announcement informs 

the public of the revised 2024 

commercial quotas for North Carolina 

and New Jersey. 

DATES: Effective September 20, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Rigdon, Fishery Resource 

Management Specialist, (978) 281–9336. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.111. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102, and the 

final 2024 allocations were published 

on December 21, 2023 (88 FR 88266). 

The final rule implementing 

amendment 5 to the FMP, as published 

in the Federal Register on December 17, 

1993 (58 FR 65936), provided a 

mechanism for transferring summer 

flounder commercial quota from one 

state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the NMFS Greater 

Atlantic Regional Administrator, can 

transfer or combine summer flounder 

commercial quota under § 648.102(c)(2). 

The Regional Administrator is required 

to consider three criteria in the 

evaluation of requests for quota transfers 

or combinations: (1) the transfers or 

combinations would not preclude the 

overall annual quota from being fully 

harvested; (2) the transfers address an 

unforeseen variation or contingency in 

the fishery; and (3) the transfers are 

consistent with the objectives of the 

FMP and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Regional 

Administrator has determined these 

three criteria have been met for the 

transfer approved in this notification. 

North Carolina is transferring 9,340 

pounds (lb; 4,237 kilograms (kg)) to New 

Jersey through a mutual agreement 

between the states. This transfer was 

requested to repay landings made by an 


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