84286 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2024–24083 Filed 10–21–24; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–0924] 

Safety Zone: Fireworks Displays 

Within the Fifth Coast Guard District; 

The Wharf, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for a fireworks display at 

‘‘The Wharf DC,’’ in Washington, DC, to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation, ‘‘Safety Zones; 

Fireworks Displays within the Fifth 

Coast Guard District,’’ identifies the 

precise location. During the 

enforcement period, vessels may not 

enter, remain in, or transit through the 

safety zone unless authorized to do so 

by the COTP or his representative, and 

vessels in the vicinity must comply with 

directions from the Patrol Commander 

or any Official Patrol displaying a Coast 

Guard ensign. 

DATES: The regulation in 33 CFR 

165.506 will be enforced for the location 

identified in line no. 1 of table 2 to 33 

CFR 165.506(h)(2) from 8 p.m. until 9:30 

p.m. on December 7, 2024, or if 

necessary, due to inclement weather, 

from 8 p.m. until 9:30 p.m. on December 

8, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LCDR Kate M. Newkirk, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

410–576–2596, email 

MDNCRMarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone 

regulation for a fireworks display at The 

Wharf DC from 8 p.m. to 9:30 p.m. on 

December 7, 2024, or, if necessary due 

to inclement weather, from 8 p.m. until 

9:30 p.m. on December 8, 2024. This 

action is being taken to provide for the 

safety of life on navigable waterways 

during this event. Our regulation, 

‘‘Safety Zones; Fireworks Displays 

within the Fifth Coast Guard District,’’ 

§ 165.506, specifies the location of the 

safety zone for the fireworks show, 

which encompasses portions of the 

Washington Channel in the Upper 

Potomac River. As reflected in 33 CFR 

165.23, vessels in the vicinity of the 

safety zone may not enter, remain in, or 

transit through the safety zone during 

the enforcement period unless 

authorized to do so by the COTP or his 

representative, and they must comply 

with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: October 7, 2024. 

Patrick C. Burkett, 

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

Port, Sector Maryland-National Capital 

Region. 

[FR Doc. 2024–24284 Filed 10–21–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2024–0234; FRL–11945–01– 

OAR] 

Prevention of Significant Deterioration 

(PSD): Paragraph Designation 

Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending its 

Prevention of Significant Deterioration 

(PSD) regulations to correct the fourthlevel paragraph designations to conform 

with the Office of the Federal Register 

(OFR) requirements. This is a 

ministerial final rule action that 

involves minor technical corrections. 

DATES: This rule is effective October 22, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2024–0234. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Publicly available docket 

materials are available either 

electronically through https://

www.regulations.gov or in hard copy at 

the EPA Docket Center, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW, Washington, DC 20004. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding federal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Office of 

Air and Radiation Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this final rule 

should be addressed to Mr. Peter Keller, 

Air Quality Policy Division, Office of 

Air Quality Planning and Standards 

(C539–04), U.S. Environmental 

Protection Agency, Post Office Box 

12055, Research Triangle Park, NC 

27711; telephone number: (919) 541– 

2065; email address: keller.peter@

epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Does this action apply to me? 

II. Background and Rationale for This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

V. Statutory Authority 

VI. Judicial Review 

I. Does this action apply to me? 

No entities will be affected by this 

final action. The EPA is amending its 

PSD regulations to correct the fourthlevel paragraph designations from the 

Code of Federal Regulations (CFR) to 

conform with the OFR requirements. 

The EPA is responsible for making the 

required paragraph codification 

corrections in the EPA PSD regulations 

and communicating those corrections to 

stakeholders, including state, local, and 

Tribal (SLT) permitting authorities and 

regulated entities. SLT permitting 

authorities are not required to make 

corresponding corrections to any of 

their regulations implementing the PSD 

program including those approved by 

the EPA into a State Implementation 

Plan (SIP). 

II. Background and Rationale for This 

Action 

Part C of title I of the Clean Air Act 

(CAA), 42 U.S.C. 7470 et seq., contains 

the requirements for a component of the 

major New Source Review (NSR) 

program known as the PSD program. 

This program sets forth procedures for 

the preconstruction review and 

permitting of new and modified 

stationary sources of air pollution 

located in areas meeting the National 

Ambient Air Quality Standards 

(NAAQS) (‘‘attainment’’ areas) and areas 

for which there is insufficient 

information to classify an area as either 

attainment or nonattainment 

(‘‘unclassifiable’’ areas). The EPA’s PSD 

regulations are contained in 40 CFR 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations 84287 

1 Document Drafting Handbook, August 2018 

Edition (Revised 2.1, dated October 2023), Office of 

the Federal Register, National Archives and Records 

Administration. 

2CAA Amendments of 1970, Public Law 91–604, 

84 Stat. 1676 (1970); 39 FR 42510. 

3CAA Amendments of 1977, Public Law 95–95, 

91 Stat. 685 (1977). 

4 51 FR 40656 (November 7, 1986). 

5See 40 CFR 51.166 and 40 CFR 52.21 (July 1, 

2023). 

51.166 (applicable to air agencies that 

issue permits under EPA-approved SIPs) 

and 40 CFR 52.21 (applicable to permits 

issued by the EPA or air agencies that 

have received delegation to implement 

the federal PSD program). 

In 2019, the OFR identified that the 

paragraph codification scheme of these 

PSD regulations was inconsistent with 

OFR requirements, and the EPA 

committed to correcting this 

inconsistency. However, recently as part 

of OFR’s review of the proposed rule: 

‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NNSR): Regulations Related to 

Project Emissions Accounting’’ (RIN 

2060–AV62), the OFR determined that 

the EPA had not yet made the 

corrections. To resolve the OFR’s 

concerns, the EPA is revising the PSD 

regulations to conform with the OFR 

requirements 1 through this ministerial 

final rule action to correct the fourthlevel paragraph designations. 

Specifically, this rule will correct the 

fourth-level paragraph codification in 40 

CFR 51.166 and 40 CFR 52.21 from (a), 

et seq., to (A), et seq. In other words, the 

fourth-level paragraph designations will 

be changed from lowercase italicized 

letters to uppercase non-italicized 

letters. 

The error in the fourth-level 

paragraph codification in the EPA’s PSD 

regulations can be traced back to their 

inception in the 1970s. On December 5, 

1974, the EPA published the first set of 

PSD regulations under the CAA 

Amendments of 1970.2 These 

regulations were codified at 40 CFR 

52.21 and established a program for 

protecting areas with air quality either 

in attainment with the NAAQS or 

unclassifiable. A comprehensive set of 

new PSD requirements were later 

adopted by Congress as part of the CAA 

Amendments of 1977.3 The EPA 

amended the PSD regulations to 

incorporate those new statutory 

requirements on June 19, 1978 (43 FR 

26380 and 43 FR 26388). These 

regulations were codified at 40 CFR 

51.24 (minimum requirements for state 

plans, later codified at 40 CFR 51.166 4) 

and 40 CFR 52.21 (federal PSD 

regulations). The PSD regulations were 

subsequently revised numerous times, 

but the fourth-level paragraph 

designations have remained 

inconsistent with the OFR 

requirements.5 This ministerial final 

rule will correct the paragraph 

designation inconsistencies that were 

established decades ago in the EPA’s 

PSD regulations to conform with the 

OFR requirements. 

III. Final Action 

The EPA is promulgating this rule as 

a final rule without prior notice or 

opportunity for public comment 

pursuant to the good cause exemption 

under the Administrative Procedure Act 

(APA) section 553(b)(B). 5 U.S.C. 

553(b)(B). Generally, the APA requires 

that general notice of proposed 

rulemaking be published in the Federal 

Register and such notice must provide 

an opportunity for public participation 

in the rulemaking process. However, the 

APA also allows an agency to directly 

promulgate a final rulemaking when an 

agency for good cause finds (and 

incorporates the finding and a brief 

statement of reasons in the rule issued) 

that notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest. 5 

U.S.C. 553(b)(3)(B). 

The EPA has determined that this 

final action meets the ‘‘unnecessary’’ 

basis for using the good cause 

exemption since amendments 

promulgated in this action are very 

minor and do not substantively alter the 

regulation in any way that would be of 

interest to the regulated community or 

the public. This final action involves 

purely ministerial revisions to the PSD 

regulations in 40 CFR 51.166 and 40 

CFR 52.21 involving minor structural 

corrections to conform with the OFR 

paragraph designation requirements. 

Specifically, the fourth-level paragraph 

designations will be corrected from 

lowercase italicized letters to uppercase 

non-italicized letters. The OFR 

paragraph designation requirements are 

established by the OFR; therefore, EPA 

has no discretion but to correct the 

affected paragraph designations in the 

EPA PSD regulations. Notice and 

comment requirements are unnecessary 

because seeking public comment on this 

issue would neither inform the public of 

agency action that may be of interest nor 

provide the agency with information 

that would be helpful in developing a 

final rule. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was, 

therefore, not subject to Executive Order 

12866 review. 

B. Paperwork Reduction Act (PRA) 

This action involves very minor 

technical corrections and does not 

impose any new information collection 

burden under the PRA. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection activities contained in the 

existing regulations and has assigned 

OMB control number 2060–0003. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the APA, 5 U.S.C. 

553, or any other statute. This rule is not 

subject to notice and comment 

requirements because the Agency has 

invoked the APA ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action implements 

mandate(s) specifically and explicitly 

set forth in 44 U.S.C. 15 and 1 CFR 

chapter I without the exercise of any 

policy discretion by the EPA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This action only makes 

very minor technical amendments to 

correct non-substantive errors in 

existing regulations. None of these very 

minor technical amendments has a 

substantial direct effect on any tribal 


ddrumheller on DSK120RN23PROD with RULES1
84288 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations 

land. Thus, Executive Order 13175 does 

not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. Therefore, this action 

is not subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

Since this action does not concern 

human health, EPA’s Policy on 

Children’s Health also does not apply. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA finds that this action does 

not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on communities with 

environmental justice concerns. This 

action changes the fourth-level 

paragraph designation of the EPA’s PSD 

regulations contained in 40 CFR 51.166 

and 40 CFR 52.21 to conform with OFR 

requirements. This action makes very 

minor technical amendments to correct 

non-substantive errors in existing rules. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest. 5 U.S.C. 808(2). The EPA has 

made a good cause finding for this rule 

as discussed in the Final Action section 

of this rulemaking, including the basis 

for that finding. 

V. Statutory Authority 

Statutory authority to issue the 

amendments finalized in this action is 

provided by the same CAA provisions 

that provided authority to issue the 

regulations being amended: 42 U.S.C. 

7401 et seq. Statutory authority for the 

rulemaking procedures followed in this 

action is provided by APA section 553, 

5 U.S.C. 553. 

VI. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the D.C. Circuit 

within 60 days from October 22, 2024. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review, nor 

does it extend the time within which a 

petition for judicial review may be filed 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (section 

307(b)(2) of the CAA). 

List of Subjects in 40 CFR Parts 51 and 

52 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, New 

source review, Preconstruction 

permitting, Prevention of significant 

deterioration. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, title 40, Chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart I—Review of New Sources and 

Modifications 

§ 51.166 [Amended] 

■ 2. In § 51.166 revise the paragraph 

level designation for the 4th paragraph 

level from lowercase italic letters to 

uppercase non-italic letters. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 3. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et. seq. 

Subpart A—General Provisions 

§ 52.21 [Amended] 

■ 4. In § 52.21, revise the paragraph 

level designation for the 4th paragraph 

level from lowercase italic letters to 

uppercase non-italic letters. 

[FR Doc. 2024–24281 Filed 10–21–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0301; FRL–10191– 

02–R3] 

Approval and Promulgation of Air 

Quality Implementation Plan; 

Delaware; Regional Haze State 

Implementation Plan for the Second 

Implementation Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the regional 

haze State implementation plan (SIP) 

revision submitted by Delaware on 

August 8, 2022, and supplemented on 

March 7, 2024, as satisfying applicable 

requirements under the Clean Air Act 

(CAA) and the EPA’s Regional Haze 

Rule (RHR) for the program’s second 

implementation period. Delaware’s SIP 

submission addresses the requirement 

that States must periodically revise their 

long-term strategies for making 

reasonable progress towards the 

national goal of preventing any future, 

and remedying any existing, 

anthropogenic impairment of visibility, 

including regional haze, in mandatory 

Class I Federal areas. The SIP 

submission also addresses other 

applicable requirements for the second 

implementation period of the regional 

haze program. 

DATES: This final rule is effective on 

November 21, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2023–0301. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 


ddrumheller on DSK120RN23PROD with RULES1