Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Rules and Regulations 86241 

remains available on FDA’s website. 

Furthermore, in the Federal Register of 

May 20, 2022 (87 FR 31090), we issued 

a notice requesting information on the 

use of some ortho-phthalates still 

authorized for food contact uses. The 

notice also discusses FAP 8B4820 and 

provides a citation to the final rule (see 

87 FR 31090 at 31091). 

IV. Summary and Conclusions 

After evaluating the Submission, for 

the reasons above, we conclude that the 

objection does not provide any basis for 

us to modify our regulations. 

V. References 

The following references are on 

display at the Dockets Management Staff 

(see ADDRESSES) and are available for 

viewing by interested persons between 

9 a.m. and 4 p.m., Monday through 

Friday; they are also available 

electronically at https://

www.regulations.gov. Although FDA 

verified the website addresses in this 

document, please note that websites are 

subject to change over time. 

1. Neltner, T., Environmental Defense Fund 

et. al., to the Dockets Management Staff, 

Food and Drug Administration, dated 

June 19, 2022. 

2. Email from D.W. Hill, Keller and Heckman 

LLP to S. DiFranco, DPR, OFAS, CFSAN, 

FDA July 20, 2018. 

3. ‘‘Phthalates in Food Packaging and Food 

Contact Applications.’’ Available at: 

https://www.fda.gov/food/foodingredients-packaging/phthalates-foodpackaging-and-food-contactapplications. 

Dated: October 22, 2024. 

Kimberlee Trzeciak, 

Deputy Commissioner for Policy, Legislation, 

and International Affairs. 

[FR Doc. 2024–25122 Filed 10–29–24; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2024–0392] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Dutch Kills, Queens County, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the Hunters Point 

Ave Bridge across Dutch Kills, mile 1.4, 

at Queens County, NY. NYCDOT 

installed a temporary work platform at 

Hunters Point Ave Bridge on May 6, 

2024 to perform blasting and painting 

operations. The work platform prevents 

the bridge from opening to marine 

traffic. Until the bridge operations are 

complete the bridge must remain in the 

closed position. 

DATES: This temporary interim rule is 

effective October 30, 2024 through 12:01 

a.m. on July 1, 2025. Comments and 

related material must reach the Coast 

Guard on or before November 29, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2024–0392) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or email, Stephanie E. 

Lopez, Coast Guard; telephone 212– 

514–4335, email Stephanie.E.Lopez@

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 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

NYCDOT New York City Department of 

Transportation 

TIR Temporary Interim Rule 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary interim 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.’’ Under 5 U.S.C. 

553(b), 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 

impracticable. This bridge has a work 

platform installed which keeps the 

bridge in the closed to navigation 

position. 

On May 6, 2024, the Coast Guard 

issued a general deviation which 

allowed the bridge owner, NYCDOT, to 

deviate from the current operating 

schedule in 33 CFR 117.801(d) to 

conduct bridge blasting and painting 

operations. Due to additional work that 

has been discovered, the bridge owner 

has requested an extension of closure 

that will take the project past the 

allowable 180 days for a deviation. 

Since the bridge cannot be brought back 

to operating condition until the 

completion of the mechanical 

rehabilitation there is insufficient time 

to provide a reasonable comment period 

and then consider those comments 

before issuing the modification. 

However, we will be soliciting 

comments on this rulemaking during 

the first 30 days while this rule is in 

effect. If the Coast Guard determines 

that changes to the temporary interim 

rule are necessary, we will publish a 

temporary final rule or other 

appropriate document. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making it effective in less than 30 days 

after publication in the Federal 

Register. For reasons presented above, 

delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest because the bridge is 

currently incapable of normal 

operations and will not be back into full 

operation until the rehabilitation work 

can be completed. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 499. 

Hunters Point Ave Bridge across Dutch 

Kills is a bascule bridge with a vertical 

clearance of 5.3 feet mean high water in 

the closed position and unlimited 

vertical clearance in the open position. 

The existing drawbridge regulation, 

33 CFR 117.801(d), states that the draw 

of the Hunters Point Ave Bridge, mile 

1.4, shall open on signal if at least twohour advance notice is given. NYCDOT, 

the bridge owner, has requested to keep 

the bridge in the closed position during 

the remainder of the work. 

IV. Discussion of the Rule 

The Coast Guard is issuing this rule 

to allow the bridge owner of the Hunters 

Point Ave Bridge across Dutch Kills, 

mile 1.4, Queens, New York, to keep the 

bridge in the closed to navigation 

position until July 1, 2025. The rule is 

necessary to accommodate the 

completion of the blasting and painting 

operations. 

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. 


ddrumheller on DSK120RN23PROD with RULES1
86242 Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Rules and Regulations 

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, it has not been reviewed 

by the Office of Management and 

Budget (OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge given 3 hours 

advanced notice. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 bridge 

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 contact 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 calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of 

appendix A, table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

DHS Delegation No. 00170.1. Revision No. 

01.3 

■ 2. In § 117.801: 

■ a. Paragraph (d) is stayed; and 

■ b. Paragraph (h) is added. The 

addition reads as follows: 

§ 117.801 Newtown Creek, Dutch Kills, 

English Kills, and their tributaries. 

* * * * * 

(h) The draw of the Hunters Point 

Avenue Bridge, mile 1.4, across Dutch 

Kills at Queens, may be maintained in 

the closed to navigation position until 

July 1, 2025. 

M.E. Platt, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2024–24970 Filed 10–29–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0970] 

RIN 1625–AA87 

Security Zone; Corpus Christi Ship 

Channel, Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving 

security zone for navigable waters 

within a 500-yard radius of a certain 

vessel carrying cargo requiring an 

elevated level of security in the Corpus 

Christi Ship Channel and the La Quinta 

Channel. The temporary security zone is 

needed to protect the vessel, the cargo, 

and the surrounding waterway from 


ddrumheller on DSK120RN23PROD with RULES1