82506 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 

provision shall thereafter remain in full 

force and effect. 

Jimmy L. Kirby, 

Deputy Director, Financial Crimes 

Enforcement Network. 

[FR Doc. 2024–23430 Filed 10–10–24; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2024–0919] 

RIN 1625–AA08 

Special Local Regulation; Elizabeth 

River, Norfolk Harbor, Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary regulation for 

waters of the Elizabeth River, in 

Norfolk, Virginia to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a boat 

parade that is scheduled for the 

afternoon of October 20, 2024. Parade 

participants operating within the 

regulated area must comply with all 

instructions given by the on-scene 

Patrol Commander (PATCOM). Vessels 

or persons entering the regulated area 

during the enforcement period are 

subject to the direction and control of 

the on-scene PATCOM as designated 

and specifically authorized by the 

Captain of the Port, Sector Virginia. 

DATES: This rule is effective on October 

20, 2024, from noon to 4 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0919 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 

757–668–5581, email 

Justin.Z.Strassfield@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

PATCOM Patrol Commander 

§ Section 

SLR Special Local Regulation 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The marine event sponsor of a boat 

parade is expecting to draw a high 

concentration of vessels to the Norfolk 

Harbor area along the proposed parade 

route. Traditionally, the Norfolk Harbor 

area serves as a major thoroughfare for 

commercial traffic, naval operations, 

ferry routes, and several other 

recreational uses through the connecting 

waters of the James River, Elizabeth 

River, and Lower Chesapeake Bay. The 

Coast Guard is establishing a Special 

Local Regulation (SLR) to monitor the 

parade before, during, and after the 

event to minimize impacts on this 

congested waterway. We must 

promulgate this rule by October 20, 

2024, to ensure the safety of individuals, 

property, and the marine environment. 

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) 

because it would be impracticable to 

publish an NPRM, consider comments, 

and publish a final rule before this rule 

needs to be in place to serve its purpose. 

This rule is necessary to accommodate 

the number of vessels expected to 

participate in the boat parade. 

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 potentially significant 

increase in vessel traffic not local to the 

area and to the risks associated with 

large congregations of vessels navigating 

unfamiliar waters. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. 

Captains of the Port are authorized by 

33 CFR 100.35 to issue SLRs. The 

Captain of the Port (COTP), Sector 

Virginia has determined that potential 

hazards associated with the proposed 

parade starting October 20, 2024, will be 

a safety concern for anyone within the 

vicinity of the parade route. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the SLR during 

the enforcement period of this rule. 

IV. Discussion of the Rule 

This rule establishes an SLR from 

noon until 4 p.m. on October 20, 2024. 

The SLR will cover all navigable waters 

within the Elizabeth River from 

shoreline to shoreline beginning in the 

vicinity of the Craney Island Flats, 

proceeding south through the Norfolk 

Harbor Reaches, and ending at the 

Waterside District in Norfolk, Virginia, 

to promote safety along the ‘‘MidAtlantic Trump Boat Parade’’ route. The 

southern boundaries of the SLR are 

bound by the following fixed structures: 

all waters north of the I–264 Norfolk/ 

Portsmouth (Downtown Tunnel), east of 

the West Norfolk Bridge and west of the 

Berkley Bridge. This SLR will also 

temporarily establish the southern area 

of Anchorage N (Hospital Point) as a 

First Amendment area(where people 

may lawfully assemble and convey their 

message in a safe manner to their 

intended audience), to be used at the 

discretion of the Coast Guard Patrol 

Commander (PATCOM) as a spectator 

area. 

The duration of the SLR has been 

tailored to protect personnel, vessels, 

and the marine environment in these 

navigable waters when the parade is 

scheduled to occur, while minimizing 

the burden on routine vessel traffic. 

Vessels or persons entering the SLR 

during the enforcement period are 

subject to the direction and control of 

the on-scene PATCOM, as designated 

and specifically authorized by the 

Captain of the Port, Virginia. 

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). 


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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 82507 

This regulatory action determination 

is based on two considerations. The 

special local regulation will be enforced 

for only four hours on one day. Also, 

persons and vessels may still enter, 

transit through, anchor in, or remain 

within the regulated area or anchor in 

the spectator area, during the 

enforcement period if authorized by the 

COTP Virginia or a designated 

representative, who will be onsite to 

direct the movement of vessels such that 

unsafe conditions are avoided but will 

otherwise not interfere with commercial 

vessels or normal traffic in the area. 

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 to rules not 

subject to notice and comment. As the 

Coast Guard has, for good cause, waived 

notice and comment requirement that 

would otherwise apply to this 

rulemaking, the Regulatory Flexibility 

Act’s provisions do not apply here. 

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 This 

rule involves an SLR lasting only 6 

hours that will monitor entry to the SLR 

for the duration of the enforcement 

period to cover before, during and after 

the parade has concluded. It is 

categorically excluded from further 

review under paragraph L61 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. All nonparticipant vessels or persons engaged 

in protest activity will be directed to the 

southern part of Anchorage N (Hospital 

Point) if they wish to remain in the 

regulated area. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS. 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100. T599–0919 to read as 

follows: 

§ 100. T599–0919 Special Local 

Regulation; Elizabeth River, Norfolk Harbor, 

Norfolk, VA 

(a) Regulated area. The regulations in 

this section apply to the following areas 

(coordinates are based on Datum NAD 

1983).: 

(1) All navigable waters of Hampton 

Roads Harbor, from surface to bottom, 

encompassed by a line connecting the 

following northern boundary points 

beginning from a position on the north 

coast of the Craney Island Disposal Area 

at 36°55.49′ N, 076°22.40′ W; leading 

north to position 36°56.64′ N, 076°22.40′ 

W; then east to the coast of Norfolk at 

36°56.64′ N, 076°19.73′ W following all 

waters of the Elizabeth River from 

shoreline to shoreline; Craney Island 

Flats, Craney Island Reach, Lamberts 

Bend to Town Point Reach from surface 

to bottom, encompassed by the 

following southern boundary points; all 

waters west of the Berkely Bridge, north 

of the I–264 Norfolk/Portsmouth 

(Downtown Tunnel) and east of the 

West Norfolk Bridge. Any waters that 

are covered by a Department of Defense 

Restricted Area or Danger Zone are 

excluded from this regulated area. 

(2) Special Spectator Area. All 

navigable waters from surface to bottom 

within the southern area of Anchorage 

N (Hospital Point), as specified in 33 

CFR 110.168, and bound by a northern 

boundary line drawn easterly from 

Hospital Point. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 


ddrumheller on DSK120RN23PROD with RULES1
82508 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Rules and Regulations 

1A copy of the SIP revision is available online at 

www.regulations.gov, Docket number EPA–R06– 

OAR–2023–0648. 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local law enforcement officer designated 

by or assisting the Captain of the Port 

Sector Virginia (COTP) in the 

enforcement of the regulations in this 

section. 

Participant means all persons and 

vessels directly engaged in the parade 

present within the established SLR 

during the enforcement period of the 

parade. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or getting underway within the 

regulated area described in paragraph 

(a)(1) of this section unless authorized 

by the Captain of the Port, Sector 

Virginia or their designated 

representative. 

(2) To seek permission to enter, 

contact the COTP by calling the Sector 

Virginia Command Center at 757–638– 

6635 or contact the COTP’s designated 

representative on Marine band Radio, 

VHF–FM channel 16 (156.8 MHz). 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) All non-participants, including 

those engaged in protest activity, may be 

directed by a designated representative 

to enforcement area described in section 

(a)(2) of this section, where they must 

remain during the effective period 

unless otherwise authorized or directed. 

(4) The COTP will provide notice of 

the regulated area via broadcast notice 

to mariners and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from noon to 4 p.m. on 

Saturday, October 20, 2024. 

Dated: October 7, 2024. 

P.M. Britton, 

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

Port, Sector Virginia. 

[FR Doc. 2024–23587 Filed 10–10–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2023–0648; FRL–11992– 

02–R6] 

Air Plan Approval; New Mexico; 

Periodic Emission Inventory SIP for 

Sunland Park Nonattainment Area for 

2015 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving State Implementation Plan 

(SIP) revisions related to the 2015 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS). 

DATES: This rule is effective on 

November 12, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2023–0648. 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 or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nevine Salem, EPA Region 6 Office, 

Infrastructure and Ozone Section, 214– 

665–7222, salem.nevine@epa.gov. We 

encourage the public to submit 

comments via https://

www.regulations.gov. Please call or 

email the contact listed above if you 

need alternative access to material 

indexed but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

On July 3, 2024 (89 FR 55136), the 

EPA published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

New Mexico. The NPRM proposed 

approval of the state’s periodic 

emissions inventory for Sunland Park, 

Don ̃ a Ana County, New Mexico 

marginal nonattainment area for the 

2015 NAAQS. The background for this 

action and rationale for EPA’s proposed 

action are explained in the NPRM and 

will not be restated here. We received a 

comment on our proposal from the New 

Mexico Environmental Department 

(NMED). Our response to the comment 

follows. 

II. Response to Comments 

We received one comment from the 

NMED regarding an inadvertent 

typographical error in the NPRM—in 

tables 1 and 2 that summarized the NOX

and VOC emissions in Sunland Park, 

Don ̃ a Ana County, New Mexico. The 

ozone season daily emissions (lb/day) 

column in the NPRM showed some 

discrepancies from what was submitted 

by the State. In response, the EPA is 

making the necessary corrections in the 

updated tables 1, and 2 listed below. 

The corrected values in fact are less 

than what was previously listed in 

tables 1 and 2 of the proposed action. 

This correction does not change or affect 

the total NOX or VOC emissions in the 

2020 periodic emission inventory for 

Sunland Park marginal nonattainment 

area for a typical ozone season day. 

Additionally, the original tables were 

included in the State’s SIP revision 

submittal,1 in the rulemaking docket. 

TABLE 1—NOX EMISSIONS SUNLAND PARK, DON ̃A ANA COUNTY, NEW MEXICO

Source category 

Don ̃a Ana County 

emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

emissions 

(tpy) 

Sunland Park, NM 

nonattainment 

area ozone 

season daily 

emissions 

(lb/day) 

Point ........................................................................................................................... 1,155.22 740.60 4,046.97 

Nonpoint Area ............................................................................................................ 1,588.62 42.01 215.22 

Onroad ....................................................................................................................... 3,590.66 111.04 603.13 

Nonroad ..................................................................................................................... 430.87 10.49 58.42 


ddrumheller on DSK120RN23PROD with RULES1