77778 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Rules and Regulations 

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 only 90 minutes that will 

prohibit entry within mile marker 0.5 

through 0.75 on the Allegheny River. 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 

Marine safety, Navigation (water), 

Reporting, Recordkeeping requirements, 

and 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.T08–0796 to read as 

follows: 

§ 165.T08–0796 Safety Zone; Allegheny 

River Mile Marker 0.5 to 0.75, Pittsburgh, 

PA. 

(a) Location. The following area is a 

safety zone: All navigable waters on the 

Allegheny River between mile marker 

0.5 and mile marker 0.75. 

(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 Pittsburgh (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 VFH Channel 16, or 

through Marine Safety Unit Pittsburgh 

at 206–815–6624. 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 8 p.m. to 9:30 

p.m. on September 28, 2024. 

Dated: September 18, 2024. 

Justin R. Jolley, 

Commander, U.S. Coast Guard, Captain of 

the Port, MSU Pittsburgh. 

[FR Doc. 2024–21839 Filed 9–23–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0806] 

RIN 1625–AA00 

Safety Zone; Ohio River, New Albany, 

IN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Ohio River, from Mile Markers 

606.5–609.6. The safety zone is needed 

to ensure the safety of spectators during 

the Fall Break Blast firework display. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Ohio Valley. 

DATES: This rule is effective from 8:30 

p.m. to 10:30 p.m. on September 27, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0806 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 Second Class 

Dalton Johnson, U.S. Coast Guard; 

telephone 502–779–5334, email 

SECOHV-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 


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Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Rules and Regulations 77779 

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 

impractical and contrary to public 

interest. The event sponsor recently 

requested an alternative date for an 

established fireworks display after a 

weather event caused it to be canceled. 

It is impracticable and contrary to the 

public interest to publish an NPRM 

because we must establish this safety 

zone by September 27, 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 

this rule would be impracticable the 

safety zone must be in place by 

September 27, 2024 for the protection of 

vessels, the waterway, and the public. 

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 Ohio Valley 

(COTP) has determined that potential 

hazards associated with fireworks and 

the risk of a stationary barge in the 

navigational channel will be a safety 

concern for everyone from mile marker 

606.5–609.6 on the Ohio River. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the fireworks display is 

occurring. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8:30 p.m. to 10:30 p.m. on 

September 27, 2024. The safety zone 

will cover from MM 606.5–609.6 on the 

Ohio River. The safety zone is necessary 

for the safety of vessels during loading, 

standby, and firing of the fireworks. 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 short duration of the 

safety zone. The regulation is only two 

hours on one day. 

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 a substantial 

number of small entities. 

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 safety 


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77780 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Rules and Regulations 

zone lasting only 2 hours on one day 

that will prohibit transit in a 3-mile 

range on the Ohio River nearby New 

Albany, Indiana. 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. 

■ 2. Add § 165.T08–0806 to read as 

follows: 

§ 165.T08–0806 Safety Zone; Ohio River, 

New Albany, IN. 

(a) Location. The following area is a 

safety zone: On the Ohio River from 

mile markers 606.5–609.6 from the 

times of 8:30 p.m. to 10:30 p.m. on 

September 27, 2024. 

(b) 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 Captain 

of the Port Ohio Valley or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by phone at (502) 779– 

5400. 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) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(c) Enforcement period. This section 

will be enforced from 8:30 p.m. to 10:30 

p.m. on September 27, 2024. 

Dated: September 17, 2024. 

Heather R. Mattern, 

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

Port Sector Ohio Valley. 

[FR Doc. 2024–21842 Filed 9–23–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0871] 

RIN 1625–AA00 

Safety Zone; M/V DALI Transit of the 

Elizabeth River, Norfolk Harbor, 

Thimble Shoal Channel and 

Chesapeake Bay, Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

a portion of the Elizabeth River, Norfolk 

Harbor, Thimble Shoal Channel, and the 

Chesapeake Bay in Norfolk, VA. This 

action is necessary to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

M/V Dali as it departs Norfolk, Va. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Virginia. 

DATES: This rule is effective from 

September 24, 2024, through September 

24, 2024. For the purposes of 

enforcement, actual notice will be used 

from September 19, 2024, until 

September 24, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0871 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 LCDR Justin Strassfield, Sector 

Virginia, Waterways Management 

Division, U.S. Coast Guard, Telephone: 

757–668–5580, email: 

VirginiaWaterways@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 

On March 26, 2024, the M/V Dali lost 

propulsion and allied with the Francis 

Scott Key Bridge in the Chesapeake Bay, 

near the Port of Baltimore, causing the 

bridge to collapse upon it. See 89 FR 

24385 (April 8, 2024) for additional 

details about the allision. On June 22, 

2024, the M/V Dali transited from the 

Port of Baltimore to Norfolk, Va. for 

repairs. More recently, the Port of 

Virginia has notified the Coast Guard 

that the M/V Dali will depart Virginia. 

The vessel transit is taking place with 

the assistance of multiple tugboats and 

will be subject to a safety zone issued 

by the Captain of the Port (COTP). It is 

anticipated that the vessel will depart 

between September 19, 2024, and 

September 24, 2024, but these dates are 

subject to change. Given both the 

damage to the vessel from the allision, 

and the vessel’s mechanical history, 

including the loss of propulsion which 

led to the allision, a 500-yard safety 

zone will be enforced during the transit 

within Virginia waters. 

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 and contrary 

to public interest. There is insufficient 

time to provide notice of a proposed 

rule, take and consider comments, and 

publish a final rule before September 

19, when the rule must be in effect to 

provide for safety in the navigable 

waters around the M/V Dali as it departs 

Norfolk, Virginia. 

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 prompt action is needed to 

respond to the dangers associated with 

the transit of the M/V Dali. 


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