Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Rules and Regulations 83783 

10See generally 5. U.S.C. 601 et seq. 

11The U.S. Bureau of Economic Analysis 

reported the annual value of the gross domestic 

product (GDP) deflator in 1995 (the year in which 

UMRA was enacted) as 66.939; and in 2023 as 

123.273. See U.S. Bureau of Economic Analysis, 

‘‘Table 1.1.9. Implicit Price Deflators for Gross 

Domestic Product’’ (accessed Sept. 16, 2024). Thus, 

the inflation adjusted estimate for $100 million is 

123.273 divided by 66.939 and then multiplied by 

100, or $184.157 million. 

12See generally 44 U.S.C. Chapter 35, 5 CFR part 

1320. 

13 5 U.S.C. 804(2). 

telecommunications services, electrical 

power, natural gas, or water and sewer 

services within the United States.’’ This 

amendment will more clearly conform 

the regulation’s language to the scope of 

the CTA’s exemption, making it easier 

for covered entities to understand their 

compliance obligations. 

III. Public Participation 

Because this final rule is a technical 

clarification that does not change the 

scope of the public utility exemption, 

FinCEN believes it is unnecessary to 

solicit comment on this rule. As 

explained above in Section II, FinCEN 

intended the Reporting Rule’s public 

utility exemption to include 

telecommunications services providers, 

as set forth in the CTA, and understood 

the reference to 26 U.S.C. 7701(a)(33)(A) 

to include them. This final rule makes 

FinCEN’s interpretation of the CTA and 

the Reporting Rule more clear, without 

altering the legal rights and 

responsibilities of any person. FinCEN 

therefore finds that it has good cause to 

dispense with notice and comment, 

pursuant to 5 U.S.C. 553(b)(B). 

IV. Effective Date 

Because this rule does not impose any 

obligations on the public, instead 

simply clarifying an existing 

exemption’s scope, FinCEN finds good 

cause for making this rule effective 

immediately upon publication in the 

Federal Register, as permitted by 5 

U.S.C. 553(d)(3). 

V. Compliance With Other Authorities 

Executive Orders 12866, 13563, and 

14094 direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

would not have an annual effect on the 

economy of $200 million or otherwise 

constitute a ‘‘significant regulatory 

action’’ as defined under section 3(f)(1) 

of Executive Order 12866, as amended. 

Accordingly, a regulatory impact 

analysis is not required. 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act do not 

apply. 

The Regulatory Flexibility Act, Public 

Law 96–354, applies only to rules for 

which an agency publishes a general 

NPRM pursuant to 5 U.S.C. 553(b).10

This rule is being immediately 

published as a final rule; it was not 

preceded by an NPRM. Therefore, the 

Regulatory Flexibility Act does not 

apply to it. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

Public Law 104–4, requires that an 

agency prepare a budgetary impact 

statement before promulgating a rule 

that includes a Federal mandate that 

may result in expenditure by state, 

local, and Tribal governments, in the 

aggregate, or by the private sector, of 

$184 million or more in any one year.11

FinCEN has determined that this rule 

will not result in expenditures by state, 

local, and tribal governments, or by the 

private sector, of $184 million or more. 

Accordingly, FinCEN has not prepared 

a budgetary impact statement or 

specifically addressed regulatory 

alternatives. 

The provisions of the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, and its implementing regulations do 

not apply to this rule because there are 

no new or revised recordkeeping or 

reporting requirements.12

This rule is not a major rule as 

defined by the Congressional Review 

Act, Public Law 104–121.13 FinCEN, 

however, is submitting reports under 

the CRA to both Houses of Congress and 

to the Comptroller General. 

List of Subjects in 31 CFR Part 1010 

Administrative practice and 

procedure, Aliens, Authority 

delegations (Government agencies), 

Banks and banking, Brokers, Business 

and industry, Commodity futures, 

Currency, Citizenship and 

naturalization, Electronic filing, Federal 

savings associations, Federal-States 

relations, Foreign persons, Holding 

companies, Indian—law, Indians, 

Indians—tribal government, Insurance 

companies, Investment advisers, 

Investment companies, Investigations, 

Law enforcement, Penalties, Reporting 

and recordkeeping requirements, Small 

businesses, Securities, Terrorism, Time. 

Authority and Issuance 

For the reasons set forth in the 

preamble, part 1010 of chapter X of title 

31 of the Code of Federal Regulations is 

amended as follows: 

PART 1010—GENERAL PROVISIONS 

■ 1. The authority citation for part 1010 

is revised to read as follows: 

Authority: 12 U.S.C. 1829b and 1951– 

1959; 31 U.S.C. 5311–5314, 5316–5336; title 

III, sec. 314 Pub. L. 107–56, 115 Stat. 307; 

sec. 2006, Pub. L. 114–41, 129 Stat. 457; sec. 

701 Pub. L. 114–74, 129 Stat. 599; sec. 6403, 

Pub. L. 116–283, 134 Stat. 3388. 

■ 2. In § 1010.380, revise paragraph 

(c)(2)(xvi) to read as follows: 

§ 1010.380 Reports of beneficial 

ownership information. 

* * * * * 

(c) * * * 

(2) * * * 

(xvi) Public utility. Any entity that is 

a regulated public utility as defined in 

26 U.S.C. 7701(a)(33)(A) or (D) that 

provides telecommunications services, 

electrical power, natural gas, or water 

and sewer services within the United 

States. 

* * * * * 

Andrea M. Gacki, 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2024–23920 Filed 10–17–24; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0896] 

RIN 1625–AA00 

Safety Zone; Gallagher Station, Ohio 

River, New Albany, IN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters from mile marker 

607 to 612 of the Ohio River in New 

Albany, IN. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by the demolition at 

Duke Energy Gallagher Station. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Ohio Valley. 


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83784 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Rules and Regulations 

DATES: This rule is effective from 8:30 

a.m. on October 19, 2024, through 11 

a.m. on November 9, 2024. We will 

enforce the zone from 8:30 a.m. to 11 

a.m. on October 19, 2024. However, if 

the zone is not needed on October 19, 

2024, then it will be enforced from 8:30 

a.m. to 11 a.m. on November 9, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0896 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 Bryan Crane, U.S. 

Coast Guard. Sector Ohio Valley, 

Waterways Division; telephone: 502– 

779–5335, 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 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 the 

demolition safety team recently 

increased the safety exclusion zone to 

now encompass the navigational 

channel. This safety zone must be 

established by October 19, 2024, and 

there is insufficient time to request 

public comments and respond to these 

comments before the safety zone must 

be established. As such, it is 

impracticable to publish a NPRM. 

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 potential safety hazards 

associated with the Gallagher Station 

demolition. 

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 the demolition 

on October 19, will be a safety concern 

for anyone within mile marker 607 to 

612 of the Ohio River in New Albany, 

IN. In the case that the demolition 

cannot take place on October 19, 2024, 

an alternate date of November 9, 2024, 

will be used for the safety zone and the 

demolition. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8:30 a.m. on October 

19, 2024, through 11 a.m. on November 

9, 2024. The safety zone will be 

enforced from 8:30 a.m. to 11 a.m. on 

October 19, 2024. In the case that the 

demolition cannot take place on October 

19, 2024, then it will be enforced on an 

alternate date of November 9, 2024. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the demolition is taking 

place. Debris and a large dust cloud is 

expected to be present which would 

impose a major hazard to navigation. 

Due to the proximity of the McAlpine 

lock, multiple recreational boat ramps, 

and the topography of the river in this 

area, a 5-mile river closure was 

determined to be necessary. 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 size, location, and 

duration of the safety zone. This action 

involves a safety zone to protect persons 

and vessels from potential hazards 

created by the demolition. This action 

impacts a 5-mile stretch of the Ohio 

River for only two and a half hours. If 

no hazards exist after the demolition 

takes place, the COTP may allow vessels 

to transit the area earlier than the 

proposed closure time. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone, and the rule 

would allow vessels to seek permission 

from the COTP 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 

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 


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Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Rules and Regulations 83785 

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 

zone lasting only 2.5 hours that will 

prohibit entry from mile marker 607 to 

612 on the Ohio River. The time of this 

closure may be shortened if the 

designated representative determines 

that it is safe for vessels to transit the 

area. 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.T08–0896 to read as 

follows: 

§ 165.T08–0896 Safety Zone; Ohio River; 

New Albany, IN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Ohio river from mile marker 607.0 

through 612.0. 

(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 Sector Ohio Valley (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 VHF Ch. 16. 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 periods: This section 

will be enforced from 8:30 a.m. to 11 

a.m. on October 19, 2024, or in the case 

the demolition cannot take place on that 

date, then it will be enforced from 8:30 

a.m. to 11 a.m. on an alternate date of 

November 9, 2024. 

Dated: October 15, 2024. 

Heather R. Mattern, 

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

Port Sector Ohio Valley. 

[FR Doc. 2024–24283 Filed 10–16–24; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0863] 

RIN 1625–AA00 

Safety Zone; NAS Jax Air Show; St. 

John’s River, Jacksonville, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters within St. 

John’s River in Jacksonville, FL. This 

action is necessary to provide for the 

safety of life on these navigable waters 

during the Naval Air Station 

Jacksonville Air Show. Entry of vessels 

or persons into this safety zone is 

prohibited unless specifically authorize 

by the Captain of the Port Sector 

Jacksonville or a designated 

representative. 

DATES: This rule is effective from 

October 18, 2024 through October 20, 

2024, from 8 a.m. to 5 p.m. each day. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0863 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 Marine Science Technician First 

Class Joshua Will, Waterways 

Management Division, U.S. Coast 

Guard; telephone 904–714–7661, email 

Joshua.H.Will@uscg.mil. 

SUPPLEMENTARY INFORMATION: 


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