Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87953 

(j) Take any other action authorized 

by rule of the Alcohol and Tobacco Tax 

and Trade Bureau consistent with the 

Administrative Procedure Act. 

■ 132. Revise § 71.116 to read as 

follows: 

§ 71.116 Review by the Administrator 

The Administrator, on appeal on 

petition for review, shall afford a 

reasonable opportunity for the 

submission of proposed findings, 

conclusions, or exceptions with reasons 

in support thereof and an opportunity 

for oral argument. The Administrator 

may alter or modify any finding of the 

administrative law judge (or of the 

appropriate TTB officer in application 

proceedings) and may affirm, reverse, or 

modify the decision of the 

administrative law judge (or of the 

appropriate TTB officer in initial 

application proceedings), or the 

Administrator may remand the case for 

further hearing, but the Administrator 

shall not consider evidence which is not 

a part of the record. Appeals and 

petitions for review shall not be decided 

by the Administrator in any proceeding 

in which she or he has engaged in 

investigation or prosecution, and in 

such event the Administrator shall so 

state their disqualification in writing 

and refer the record to the Assistant 

Secretary for Tax Policy for appropriate 

action. The Assistant Secretary for Tax 

Policy may designate a principal aide to 

consider any proceeding instead of the 

Administrator. The original copy of the 

decision on review shall be placed in 

the official record of the proceeding, a 

signed duplicate original shall be served 

upon the applicant or respondent and a 

copy shall be transmitted to the 

appropriate TTB officer. When, on 

appeal, the Administrator affirms the 

decision of the appropriate TTB officer 

or the administrative law judge, as the 

case may be, disapproving an 

application or suspending, revoking, or 

annulling a permit, such action shall not 

supersede the decision of the 

appropriate TTB officer or the 

administrative law judge and such 

decision shall be final. 

PART 72—DISPOSITION OF SEIZED 

PERSONAL PROPERTY 

■ 133. The authority citation for part 72 

continues to read as follows: 

Authority: 18 U.S.C. 921, 1261; 19 U.S.C. 

1607, 1610, 1612, 1613, 1618; 26 U.S.C. 7101, 

7322–7325, 7326, 7805; 31 U.S.C. 9301, 9303, 

9304, 9306; 40 U.S.C. 304(k); 49 U.S.C. 784, 

788. 

■ 134. Amend § 72.24 by: 

■ a. Removing from in paragraph (a) the 

words ‘‘Circular No. 570’’ and adding in 

their place the words ‘‘Circular 570’’; 

■ b. Revising paragraph (b); and 

■ c. Removing the authority citation at 

the end of the section. 

The revision reads as follows: 

§ 72.24 Corporate surety bonds. 

* * * * * 

(b) How to find an approved surety. 

The Department of the Treasury 

publishes a list of approved corporate 

surety companies in Treasury 

Department Circular 570, Companies 

Holding Certificates of Authority as 

Acceptable Sureties on Federal Bonds 

and as Acceptable Reinsuring 

Companies. Treasury Department 

Circular 570 is published in the Federal 

Register annually on the first business 

day in July, and supplemental changes 

are published periodically thereafter 

(see https://www.federalregister.gov). 

The most recent circular and any 

supplemental changes to it may be 

viewed on the Bureau of the Fiscal 

Service website (see https://fiscal.

treasury.gov). 

§ 72.27 [Amended] 

■ 135. Amend § 72.27, in the first 

sentence of paragraph (a), by removing 

the text ‘‘§ 55.166 of this Title’’ and 

adding in its place the text ‘‘27 CFR 

555.166’’. 

Signed: October 4, 2024. 

Mary G. Ryan, 

Administrator. 

Approved: October 7, 2024. 

Aviva R. Aron-Dine, 

Deputy Assistant Secretary, Tax Policy. 

[FR Doc. 2024–23662 Filed 11–5–24; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0972] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Point 

Pleasant Beach, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

around salvage operations for a sunken 

vessel. The safety zone encompasses 

navigable waters on a portion of the 

Atlantic Ocean in the vicinity of Point 

Pleasant Beach, NJ within a 500-yard 

radius of the salvage operations. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the salvage operations of the 

sunken vessel. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Sector Delaware 

Bay. 

DATES: This rule is effective without 

actual notice from November 6, 2024 

through November 30, 2024. For the 

purposes of enforcement, actual notice 

will be used from October 31, 2024, 

through November 6, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0972 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 proposed 

rulemaking, call or email MST1 

Jonathan Lougheed, Waterways 

Management Division, U.S. Coast Guard 

Sector Delaware Bay; (215) 271–4814, 

SecDelBayWWM@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 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 prompt 

action is needed to respond to the 

potential safety hazards associated with 

the salvage operations of a sunken 

vessel. It is impracticable to publish an 

NPRM because salvage operations may 

begin as soon as October 31, 2024. 

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 


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87954 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

this rule would be impracticable 

because prompt action is needed to 

respond to the potential safety hazards 

associated with the salvage operations 

of a sunken vessel. 

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 Delaware Bay 

(COTP) has determined that potential 

hazards associated with the salvage 

operations of the sunken vessel will be 

a safety concern for the vessels involved 

with the salvage operations and anyone 

within a 500-yard radius of salvage 

operations. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

salvage operations are being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone which will be in effect from 

October 31, 2024, through November 30, 

2024. The rule will only be subject to 

enforcement, however, for a seven-day 

period within the time the rule will be 

in effect. There needs to be a seven-day 

window of good weather for salvage 

operations to be conducted safely. The 

safety zone will only be enforced upon 

issuance of a Broadcast Notice to 

Mariners by the COTP, as well as onscene notice. The safety zone will cover 

all navigable waters, on a portion of the 

Atlantic Ocean, within 500 yards of the 

sunken vessel being salvaged, in 

position latitude 40°05′32.3′′ N, 

longitude 74°01′28.4′′ W. This 

coordinate is based on Datum WGS 84. 

The duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters during the salvage operations. 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, duration, and 

location of the temporary safety zone. 

The safety zone is effective for 30 days 

but will only be enforced for 7 days 

during active salvage operations. Vessel 

traffic will be able to safely transit 

around the safety zone while the safety 

zone is being enforced. Moreover, the 

Coast Guard will release the details of 

the zone via a Broadcast Notice to 

Mariners on VHF–FM radio channel 16. 

B. Impact on Small Entities 

The regulatory flexibility analysis 

provisions of the Regulatory Flexibility 

Act of 1980, 5 U.S.C. 601–612, as 

amended, do not apply to rules not 

subject to notice and comment. As the 

Coast Guard has, for good cause, waived 

notice and comment requirement that 

would otherwise apply to this 

rulemaking, the Regulatory Flexibility 

Act’s provisions do not apply here. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed 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 7 days that will prohibit 

entry within 500 yards of salvage 

operations of a sunken vessel. 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 


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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 87955 

1A more detailed and complete summary of the 

history of the RACT limits for these EGUs can be 

found in the Notice of Proposed Rulemaking for this 

final action. 89 FR 56680 (July 10, 2024). 

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.T05–0972, to read as 

follows. 

§ 165.T05–0972 Safety Zone; Atlantic 

Ocean, Point Pleasant Beach, NJ. 

(a) Location. All navigable waters, on 

a portion of the Atlantic Ocean, within 

500 yards of a sunken vessel being 

salvaged, in position latitude 

40°05′32.3′′ N, longitude 74°01′28.4′′ W. 

(WGS 84) 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Sector Delaware Bay 

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 or remain 

in 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 or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or (215) 271–4807. 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. 

(3) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. (1) The safety zone 

created by this section will be enforced 

only upon issuance of a Broadcast 

Notice to Mariners (BNM) by the COTP, 

as well as on-scene notice or other 

appropriate means in accordance with 

§ 165.7. 

(2) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(e) Enforcement period. This rule will 

be enforced for a seven-day period 

between October 31, 2024, and 

November 30, 2024, after issuance of a 

BNM, as detailed above. 

Dated: October 31, 2024. 

Kate F. Higgins-Bloom, 

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

Port, Sector Delaware Bay. 

[FR Doc. 2024–25718 Filed 11–5–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2024–0302; FRL–12064– 

02–R3] 

Air Plan Approval; Pennsylvania; 

Adoption of Federal Implementation 

Plan Reasonably Available Control 

Technology Requirements for 

Keystone, Conemaugh, Homer City, 

and Montour Generating Facilities for 

the 1997 and 2008 Ozone National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

the state implementation plan (SIP) 

revisions submitted by the 

Commonwealth of Pennsylvania. The 

revisions being approved adopt nitrogen 

oxides (NOX) emission limits and 

requirements for the coal-fired electric 

generating units (EGUs) equipped with 

selective catalytic reduction (SCR) at the 

Keystone, Conemaugh, Homer City, and 

Montour facilities. The NOX limits 

address reasonably available control 

technology (RACT) requirements for 

these EGUs for the 1997 and 2008 ozone 

national ambient air quality standards 

(NAAQS) and address the deficiencies 

identified in EPA’s August 16, 2022, 

disapproval of an earlier SIP 

submission. This action is being taken 

under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

December 6, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2024–0302. 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 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 

FOR FURTHER INFORMATION CONTACT: 

Sean Silverman, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–5511. Mr. 

Silverman can also be reached via 

electronic mail at silverman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 16, 2022, (87 FR 50257) 

EPA took final action to disapprove 

portions of a Pennsylvania SIP revision 

submitted May 16, 2016 that, among 

other things, established NOX emission 

limitations for the coal-fired EGUs 

equipped with SCR at the Keystone, 

Conemaugh, Homer City, and Montour 

facilities, to satisfy certain RACT 

obligations for the 1997 and 2008 ozone 

NAAQS.1 EPA’s August 16, 2022, final 

disapproval started a sanctions clock 

under CAA section 179 and 40 CFR 

52.31. The two-to-one new source 

emissions offset sanction took effect on 

March 15, 2024 (18 months following 

the September 15, 2022, effective date of 

the August 16, 2022, disapproval, 87 FR 

50257). Highway funding sanctions 

would have taken effect September 15, 

2024, unless the state submitted, and 

EPA approved, SIP revisions correcting 

the deficiencies identified in the August 

16, 2022, disapproval action. 

On August 31, 2022, EPA issued a 

Federal implementation plan (FIP) 

adopting NOX RACT limits for these 

four sources addressing these same 

RACT obligations. 87 FR 53381. Three 

of the sources subject to the FIP filed a 

challenge to the FIP in the U.S. Third 

Circuit Court of Appeals. KeystoneConemaugh Projects LLC v. EPA, et al., 

No. 22–3026. Following briefing and 

oral argument, on May 2, 2024, the 

Third Circuit issued a decision 

upholding the RACT limits and other 

requirements in EPA’s August 31, 2022, 

FIP. The court decided and resolved all 

issues raised by the Petitioners in EPA’s 

favor. Id. 

On April 10, 2024, Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted two SIP revisions to 


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