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: 


khammond on DSKJM1Z7X2PROD with RULES
83786 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Rules and Regulations 

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 without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This 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 

did not receive final details of this event 

until September 30, 2024 and lacks 

sufficient time to provide for a comment 

period and then consider those 

comments before issuing the rule. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by October 18, 2024. Additionally, 

immediate action is needed to protect 

personnel and vessels in St. John’s River 

in Jacksonville, FL while the Naval Air 

Station Jacksonville Air Show is 

underway. 

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 Naval Air Station 

Jacksonville Air Show. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

purpose of this rule is to ensure safety 

of vessels, the viewing public, and the 

navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8 a.m. through 5 p.m. for October 

18, through October 20, 2024. The safety 

zone will encompass the entire area 

within the defined coordinates of St. 

John’s River. The duration of the zone 

is intended to protect personnel and 

spectators in these navigable waters 

before, during, and after the air show. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the Captain of the Port 

(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 following reasons: (1) 

the temporary safety zone will only 

being enforced for a total of 9 hours per 

day, for a total of 27 hours; (2) although 

persons and vessels may not enter, 

transit through, anchor in, or remain 

within the safety zone without 

authorization from the COTP or a 

designated representative, they may 

operate in the surrounding area during 

the enforcement period; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the areas 

during the enforcement period if 

authorized by the COTP or a designated 

representative. 

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 

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Rules and Regulations 83787 

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 the 

establishment of a temporary safety 

zone lasting 9 hours each day for 3 days 

in the waters surrounding Naval Air 

Station Jacksonville in Jacksonville, FL. 

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; 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.T07–0821 to read as 

follows: 

§ 165.T07–0821 NAS Jax Air Show, St. 

John’s River, Jacksonville, FL. 

(a) Location. The following area is a 

safety zone: All waters of the St. John’s 

River, from surface to bottom, 

encompassed by a line connecting the 

following points beginning at 

30°14′16.5′′ N, 081°39′44.01′′ W, thence 

east to 30°14′16.5′′ N, 081°39′27.9′′ W, 

then continue east to 30°14′16.5′′ N, 

081°38′23.1′′ W, thence south to 30° 

13′24.9′′ N, 081°38′30′′ W, thence west 

to 30°13′24.9′′ N, 081°39′32.7′′ W, and 

finally continue northwest to 

30°13′48.82′′ N, 081°39′45.97′′ W. These 

coordinates are based on the 1984 

World Geodetic System (WGS 84). 

(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 Jacksonville (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 Jacksonville by 

telephone at 904–714–7557, or a 

designated representative via VHF–FM 

radio on channel 16, to request 

authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Jacksonville or a designated 

representative. 

(d) Enforcement period. This section 

will be enforced each day from 8 a.m. 

through 5 p.m., from October 18, 2024 

through October 20, 2024. 

Dated: October 15, 2024. 

J.D. Espino-Young, 

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

Port, Sector Jacksonville. 

[FR Doc. 2024–24246 Filed 10–17–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2024; FRL–12271–01–R6] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA)is taking final action to 

remove an existing exclusion from the 

list of Federal hazardous waste 

(delisting) issued to Samsung Austin 

Semiconductor (Samsung) under the 

Resource Conservation and Recovery 

Act. This removal of the exclusion is 

based on correspondence EPA received 

from Samsung on August 22, 2024, in 

which Samsung indicated that the 

facility has ceased the process creating 

the delisted waste. 

DATES: This rule is effective October 18, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Eshala Dixon, RCRA Permits & Solid 

Waste Section (LCR–RP), Land, 

Chemicals and Redevelopment Division, 

EPA Region 6, 1201 Elm Street, Suite 

500, Dallas, TX 75270, phone number: 

214–665–6592; email address: 

dixon.eshala@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 2, 2017 (70 FR 49187), the 

Environmental Protection Agency (EPA) 

granted a petition submitted by 

Samsung Austin Semiconductor 

(Samsung) to have the copper filter 

cake/copper sludge from the 

electroplating process excluded, or 

delisted from the definition of a 

hazardous waste. The copper filter cake/ 

copper sludge is listed as F006, 

wastewater treatment sludges from 

electroplating operations. The basis of 

the listing is cadmium, hexavalent 

chromium, nickel, and cyanide 

(complexed). In a correspondence dated 

August 22, 2024, Samsung notified EPA 

that the facility has ceased the 

electroplating process creating the 

delisted waste. Accordingly, EPA is 

amending appendix IX of 40 CFR part 

261, table 1 to remove in its entirety the 

entry for Samsung Austin 

Semiconductor, Austin TX. 

The changes to appendix IX to part 

261 are effective October 18, 2024. The 

Hazardous and Solid Waste 

Amendments of 1984 amended section 

3010 of the Resource Conservation and 

Recovery Act (RCRA) to allow rules to 

become effective in less than six months 


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