88648 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0680] 

RIN 1625–AA00 

Safety Zone; Waterway Training Area, 

Delaware River, Near Eddystone, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for certain 

waters of the Delaware River. This 

action is necessary to provide for the 

safety of life on the navigable waters on 

a portion of the Delaware River near 

Eddystone, PA, during non-lethal 

signaling and warning device training 

conducted from onboard U.S. Coast 

Guard vessels. This rule prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port (COTP), Sector 

Delaware Bay or a designated 

representative. 

DATES: This rule is effective December 9, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0680 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 

rulemaking, call or email LCDR Owen 

Mims, Chief Waterways Management 

Division, U.S. Coast Guard; 215–271– 

4814, SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 

To maintain ports, waterways, and 

coastal security mission readiness, Coast 

Guard personnel within the Sector 

Delaware Bay COTP Zone must conduct 

LA51 device training. As we explained 

in a notice of proposed rulemaking 

(NPRM), the LA51 is a non-lethal 

signaling and warning device Coast 

Guard personnel use during law 

enforcement operations for getting the 

attention of vessels which do not 

respond to orders from the Coast Guard. 

The NPRM was published on September 

9, 2024, and titled Safety Zone; 

Waterway Training Area, Delaware 

River, Near Eddystone, PA (89 FR 

73055). 

At the present time, Coast Guard 

personnel within the Sector Delaware 

Bay COTP Zone must transit beyond the 

12 NM baseline to conduct LA51 device 

training. This is a logistical and 

financial burden for the units within 

Sector Delaware Bay COTP Zone and it 

limits training opportunities. To better 

accommodate the Sector’s training 

needs, the COTP Sector Delaware Bay 

proposed to establish a safety zone 

shoreward of the 12 nautical miles (NM) 

baseline for use as a waterway training 

area in the Delaware River. In the 

NPRM, we invited comments on our 

proposed regulatory action related to 

this safety zone. During the comment 

period that ended October 9, 2024, we 

received no comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within the waterway 

training area before, during, and after 

the training events. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

The COTP Sector Delaware Bay is 

establishing a safety zone for use as a 

waterway training area. The safety zone 

waterway training area will only be 

used to conduct LA51 device training as 

needed for Coast Guard Law 

Enforcement training requirements. And 

the COTP Sector Delaware Bay will only 

activate the safety zone, making it 

subject to enforcement, during periods 

when training is being conducted. 

The waterway training area includes 

all navigable waters, on a portion of the 

Delaware River, near Eddystone, PA, 

west of Little Tinicum Island and east 

of Chester Island. The safety zone is a 

square in shape measuring 

approximately 2,500 yards in length and 

approximately 2,500 yards in width. 

The exact coordinates of the safety zone 

are provided in the text of the rule, 

which is provided at the end of this FR 

article. 

The waterway training area will be 

located within a portion of the main 

navigable channel in the Delaware 

River. Although this safety zone 

encompasses a portion of the main 

navigational channel in the Delaware 

River that is used by the commercial 

and recreational vessels, vessel traffic in 

this area would be able to safely transit 

through the safety zone after obtaining 

permission from the COTP Sector 

Delaware Bay or a designated 

representative. The Coast Guard will 

ensure appropriate monitoring of the 

waterway while the safety zone is 

activated. 

The Coast Guard anticipates that the 

proposed safety zone would be activated 

for approximately two hours on six 

separate occasions annually—a total of 

approximately 12 annual enforcement 

hours for the zone. The Coast Guard 

anticipates that it would activate the 

zone at various times of the year during 

daylight hours only. Whenever a LA51 

device training event is planned, the 

COTP Sector Delaware Bay would notify 

the maritime community of the 

enforcement dates and times of the 

safety zone as the training event 

dictates. Such notification would be 

made by broadcast or local notice to 

mariners, on-scene oral notice, or other 

appropriate means in accordance with 

33 CFR 165.7. 

The duration and enforcement of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after these training 

events. Except for training participants, 

no vessel or person would be permitted 

to enter the safety zone without 

obtaining permission from the COTP 

Sector Delaware Bay 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). 


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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 88649 

This regulatory action determination 

is based on the size, duration, and 

location of the safety zone. It is 

anticipated that the safety zone will be 

activated for six separate events 

annually. Vessel traffic will be able to 

safely transit through the safety zone 

while being enforced, with permission 

from the COTP Sector Delaware Bay or 

a designated representative by 

telephone at (215) 271–4807 or on VHF– 

FM radio channel 16. The impact to the 

Delaware River would be for 

approximately 2 hours or less. 

Moreover, the Coast Guard will release 

the details of the zone via a Broadcast 

Notice to Mariners on VHF–FM radio 

channel 16 and publish in the Local 

Notice to Mariners. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 approximately two hours 

on six separate occasions annually for 

LA51 device training. 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, 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 § 165.523 to read as follows: 

§ 165.523 Safety Zone; Waterway Training 

Area, Sector Delaware Bay Captain of the 

Port Zone 

(a) Location. All navigable waters, on 

a portion of the Delaware River, 

encompassed by a line connecting the 

following points beginning at latitude 

39°51′05.4′′ N, longitude 075°20′17.4′′ 

W; thence east to latitude 39°51′42.0′′ N, 

longitude 075°18′39.6′′ W; thence south 

to latitude 39°50′38.4′′ N, longitude 

075°18′09.0′′ W; thence west to latitude 

39°50′05.4′′ N, 075°19′37.2′′ W; and 

thence north back to the beginning 

point. (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 onboard a Coast Guard vessel or 

onboard 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 


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88650 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 

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) No vessel authorized to enter or 

remain in the zone may take on bunkers 

or conduct lightering operations within 

the safety zone during its enforcement 

period. 

(4) 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 

or the COTP’s representative, 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. 

Dated: November 4, 2024. 

Kate F. Higgins-Bloom, 

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

Port, Sector Delaware Bay. 

[FR Doc. 2024–25958 Filed 11–7–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 257 

[EPA–HQ–OLEM–2020–0107; FRL–7814.1– 

02–OLEM] 

RIN 2050–AH34 

Hazardous and Solid Waste 

Management System: Disposal of Coal 

Combustion Residuals From Electric 

Utilities; Legacy CCR Surface 

Impoundments; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is taking 

direct final action to correct three errors 

published in the Federal Register on 

May 8, 2024. This May 8, 2024 rule 

(Legacy Final Rule) established 

regulatory requirements for legacy coal 

combustion residuals (CCR) surface 

impoundments and CCR management 

units, among other things, under the 

Resource Conservation and Recovery 

Act (RCRA). This document makes clear 

that the effective date of the Legacy 

Final Rule is November 8, 2024 and 

corrects inadvertent deletions in the 

existing 2015 regulatory text. 

DATES: This rule is effective on February 

6, 2025 without further notice unless 

EPA receives adverse comment by 

December 9, 2024. If EPA receives 

adverse comment, the Agency will 

publish a timely withdrawal in the 

Federal Register informing the public 

about the specific regulatory paragraph 

or amendment that will not take effect. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OLEM–2020–0107. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 electronically through http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Holt, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, MC: 5304T, Washington, DC 

20460; telephone number: (202) 566– 

1439; email address: Holt.Taylor@

epa.gov, or Frank Behan, Office of 

Resource Conservation and Recovery, 

Materials Recovery and Waste 

Management Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, MC: 5304T, Washington, 

DC 20460; telephone number: (202) 

566–0531; email address: Behan.Frank@

epa.gov. For more information on this 

rulemaking, please visit https:// 

www.epa.gov/coalash. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final 

rule? 

EPA is publishing this rule without a 

prior proposed rule because EPA views 

this as a noncontroversial action and 

anticipates no adverse comment since 

the amendments merely correct errors in 

the Legacy Final Rule. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register publication, EPA is 

publishing a separate document that 

will serve as the proposed rule to adopt 

the provisions in this direct final rule if 

adverse comments are received on this 

direct final rule. The Agency will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of the proposed rule document. 

If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public about the specific regulatory 

paragraph(s) or amendment(s) that will 

not take effect. The corrections that are 

not withdrawn will become effective on 

the date set out above. EPA would 

address all public comments in any 

subsequent final rule based on the 

comments and new information 

submitted in response to the proposed 

rule. 

In light of the narrow purpose of this 

rule to conform the regulatory text to the 

final actions described in the Legacy 

Final Rule, EPA is only soliciting 

comment on whether the changes in this 

direct final rule conform the text to 

EPA’s stated intent in the Legacy Final 

Rule preamble. EPA is not 

reconsidering, proposing to reopen, or 

otherwise soliciting comment on any 

provisions of the Legacy Final Rule 

itself. For the reader’s convenience, EPA 

has provided a background description 

of individual provisions in the Legacy 

Final Rule in several places throughout 

this preamble. These descriptions do 

not reopen the underlying described 

provisions, but merely explain the 

context to inform the public of the basis 

for this action’s technical corrections. 

EPA will not respond to comments 

submitted on any issues other than 

those specifically identified in this 

action, and such comments will not be 

considered part of the rulemaking 

record. 

II. General Information 

A. Does this action apply to me? 

This rule may be of interest to electric 

utilities and independent power 

producers that fall within the North 

American Industry Classification 

System (NAICS) code 221112. The 

reference to NAICS code 221112 is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

entities likely to be regulated by this 

action. This discussion lists the types of 

entities that EPA is now aware could 

potentially be regulated by this action. 

Other types of entities not described 

here could also be regulated. To 

determine whether your entity is 

regulated by this action, you should 

carefully examine the applicability 

criteria found in 40 CFR 257.50 of title 

40 of the Code of Federal Regulations. 

If you have questions regarding the 

applicability of this action to a 


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