85432 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 

discrimination standards defined in 

§ 156.125. 

* * * * * 

Elizabeth J. Gramling, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2024–24910 Filed 10–25–24; 8:45 am] 

BILLING CODE 4120–01–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0391] 

RIN 1625–AA00 

Safety Zone; Choctawhatchee Bay, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the 

Choctawhatchee Bay where unexploded 

ordnances were discovered and a 

moving safety zone around vessels 

relocating any unexploded ordnance 

from Choctawhatchee Bay to the 

disposal location. The safety zones are 

needed to protect mariners from the 

hazards associated with unexploded 

ordnance clearance operations. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Mobile (COTP), or a designated 

representative. 

DATES: This rule is effective without 

actual notice from October 28, 2024 

through 11:59 p.m. on December 31, 

2024. For the purposes of enforcement, 

actual notice will be used from 1 p.m. 

on October 22, 2024, until October 28, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0391 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 MSTC Stacy Stevenson, 

Waterways Management Division, U.S. 

Coast Guard; telephone 251–382–8653, 

email Sectormobilewaterways@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 final 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) 

with respect to this rule because it is 

impracticable and contrary to public 

interest. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by October 22, 2024, and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. Publishing an NPRM is 

contrary to public interest because 

immediate action is needed to protect 

people and property on the waterway 

from potential hazards associated with 

unexploded ordnance operations. 

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 is contrary to public interest 

because it would delay the safety 

measures necessary to respond to 

potential safety hazards associated with 

the unexploded ordnance operations. 

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 Mobile 

(COTP) has determined that the safety 

zones are necessary for the protection of 

persons and vessels from potential 

hazards associated with the unexploded 

ordnance operations. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary safety zone on certain 

navigable waters of the Choctawhatchee 

Bay within a 5,000 foot radius of 

approximate position 30°25′38.1′′ N, 

86°33′32.5′′ W, and a moving safety zone 

within a 600 yard radius from any 

vessel involved with relocating the 

unexploded ordnance upon leaving the 

area where the ordnance was discovered 

until it is safely positioned in the 

disposal location. The safety zones will 

be enforced from 1 p.m. on October 22, 

2024, until 11:59 p.m. on December 31, 

2024. The duration of the zone is 

intended to protect personnel, vessels, 

and ensure maritime safety and security 

in these navigable waters during 

unexploded ordnance clearing 

operations. No vessel or person will be 

permitted to enter the safety zones 

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, duration, 

and time-of-day of the safety zone. This 

stationary safety zone will be enforced 

for approximately 11 weeks or less and 

prohibit vessel movement on a portion 

of the Choctawhatchee Bay and a 

moving safety zone around relocating 

unexploded ordnances to the disposal 

location. Moreover, the Coast Guard will 

issue on scene actual notice via VHF– 

FM marine channel 16 about the zone, 

and the rule allows vessels to seek 

permission 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 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 85433 

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 

affects 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 a safety 

zone lasting eleven weeks or less that 

will prohibit entry on a portion of the 

Choctawhatchee Bay and a moving 

safety zone around a vessel involved in 

relocating any unexploded ordnance to 

the disposal location. It is categorically 

excluded from further review under 

paragraph L60(d) 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 

Marine safety, Navigation (water), 

Reporting, recordkeeping requirements, 

and Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR 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.T08–0391 to read as 

follows: 

§ 165.T08–0391 Safety Zone; 

Choctawhatchee Bay, FL. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Choctawhatchee Bay within a 5,000 foot 

radius of approximate position 

30°25′38.1′′ N, 86°33′32.5′′ W, and a 

moving safety zone 600 yards around 

any vessel involved with relocating the 

unexploded ordnance upon leaving the 

area where the ordnance was discovered 

until it is safely positioned in the 

disposal location. 

(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 Sector 

Mobile Captain of the Port (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 

zones described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

No person may anchor, dredge, or trawl 

in the safety zones unless authorized by 

the COTP or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

designated representative on VHF–CH 

16. Those in the safety zones must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be subject to enforcement from 1 

p.m. on October 22, 2024, through 11:59 

p.m. on December 31, 2024. The 

enforcement period will be announced 

via on-scene actual notice via VHF–FM 

marine channel 16. 

Dated: October 21, 2024. 

M.O. Vega, 

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

Port Sector Mobile. 

[FR Doc. 2024–24932 Filed 10–25–24; 8:45 am] 

BILLING CODE 9110–04–P 


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