Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 92571 

1This order shall not become effective unless and 

until the requirements of § 900.14 of the rules of 

practice and procedure governing proceedings to 

formulate marketing agreements and marketing 

orders have been met. 

60-day comment period ending 

December 11, 2023, was provided to 

allow interested persons an opportunity 

to respond to the proposal. AMS 

received one comment in support of the 

proposed amendment during the 

comment period. Based on all the 

information available to AMS, including 

the comment received in response to the 

proposed rule, no substantive changes 

were made to the amendment as 

proposed. 

A proposed rule and referendum 

order was then published on April 29, 

2024 (89 FR 33288). That document 

directed that a referendum among 

Oregon and Washington pear producers 

be conducted from May 13, 2024, 

through May 27, 2024, to determine 

whether they favored the proposal. To 

become effective, the amendment had to 

be approved by either two-thirds of the 

producers voting in the referendum or 

by those representing at least two-thirds 

of the volume of pears grown by those 

voting in the referendum. The 

referendum results show the 

amendment was supported by 99 

percent of producers voting, who 

represented 99 percent of the volume of 

pears produced by those voting. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

Order Amending the Order Regulating 

the Handling of Pears Grown in Oregon 

and Washington 1

Findings and Determinations 

The findings and determinations 

hereinafter set forth are supplementary 

to the findings and determinations 

which were previously made in 

connection with the issuance of 

Marketing Order 927; and all said 

previous findings and determinations 

are hereby ratified and affirmed, except 

insofar as such findings and 

determinations may be in conflict with 

the findings and determinations set 

forth herein. 

1. Marketing Order 927 as amended, 

and as hereby amended and all the 

terms and conditions thereof, will tend 

to effectuate the declared policy of the 

Act; 

2. Marketing Order 927 as amended, 

and as hereby amended regulates the 

handling of pears grown in Oregon and 

Washington and is applicable only to 

persons in the respective classes of 

commercial and industrial activity 

specified in the Order; 

3. Marketing Order 927 as amended, 

and as hereby amended is limited in 

application to the smallest regional 

production area, which is practicable, 

consistent with carrying out the 

declared policy of the Act, and the 

issuance of several marketing orders 

applicable to subdivisions of the 

production area would not effectively 

carry out the declared policy of the Act; 

4. Marketing Order 927 as amended, 

and as hereby amended prescribes, 

insofar as practicable, such different 

terms applicable to different parts of the 

production area as are necessary to give 

due recognition to the differences in the 

production and marketing of pears 

produced or packed in the production 

area; and 

5. All handling of pears grown or 

handled in the production area, as 

defined in Marketing Order 927 is in the 

current of interstate or foreign 

commerce or directly burdens, 

obstructs, or affects such commerce. 

(b) Determinations. 

It is hereby determined that: 

1. The issuance of this amendatory 

Order, amending the aforesaid Order, is 

favored or approved by producers 

representing at least two-thirds of the 

volume of pears produced by those 

voting in a referendum on the question 

of approval and who, during the period 

of July 1, 2022, through June 30, 2023, 

were engaged within the production 

area in the production of such pears. 

2. The issuance of this amendatory 

Order advances the interests of 

producers of pears in the production 

area pursuant to the declared policy of 

the Act. 

Order Relative to Handling 

It is therefore ordered, that on and 

after the effective date hereof, all 

handling of pears grown in Oregon and 

Washington shall be in conformity to, 

and in compliance with, the terms and 

conditions of the said Order as hereby 

proposed to be amended as follows: 

The provisions of the proposed 

marketing order amending the Order 

contained in the proposed rule issued 

by the Administrator and published in 

the Federal Register (88 FR 69888) on 

October 10, 2023, will be and are the 

terms and provisions of this order 

amending the Order and are set forth in 

full herein. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the AMS proposes to amend 

7 CFR part 927 as follows: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Amend § 927.52 by revising 

paragraph (a) to read as follows: 

§ 927.52 Prerequisites to 

recommendations. 

(a) Decisions of the Fresh Pear 

Committee or the Processed Pear 

Committee with respect to any 

recommendations to the Secretary 

pursuant to the establishment or 

modification of a supplemental rate of 

assessment for an individual variety or 

subvariety of pears shall be made by 

affirmative vote of not less than 75 

percent of the applicable total number 

of votes, computed in the manner 

described in paragraph (b) of this 

section, of all members. Decisions of the 

Fresh Pear Committee pursuant to the 

provisions of § 927.50 shall be made by 

an affirmative vote of not less than 75 

percent of the applicable total number 

of votes, computed in the manner 

prescribed in paragraph (b) of this 

section, of all members. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–27383 Filed 11–21–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1021] 

RIN 1625–AA00 

Safety Zone; Gulf of Mexico and South 

Bay, Boca Chica Beach, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

to protect personnel, vessels, and the 

marine environment from potential 


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92572 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 

hazards created by commercial 

spaceflight activities. One safety zone is 

in the navigable waters of South Bay, 

TX and the other is in the navigable 

waters of the Gulf of Mexico, within 12 

nautical miles of the first. Entry of 

vessels or persons into these zones are 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Corpus Christi (COTP) or a 

designated representative. 

DATES: This rule is effective without 

actual notice from November 22, 2024, 

through November 25, 2024. For the 

purposes of enforcement, actual notice 

will be used from November 18, 2024, 

until November 22, 2024. It is subject to 

enforcement from 2 p.m. to 6 p.m. each 

day from November 18, 2024, through 

November 22, 2024, and November 25, 

2024, and from 11 a.m. to 3 p.m. each 

day from November 23, 2024, through 

November 24, 2025. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1021 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Timothy Cardenas, 

Sector Corpus Christi Waterways 

Management Division, U.S. Coast 

Guard; telephone 361–939–5130, email 

Timothy.J.Cardenas@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 the 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. We must establish this 

safety zone promptly to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the possibility of being hit by 

free falling debris, descending vehicles 

or vehicle components, and we lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

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 would be contrary to the public 

interest because there are fewer than 30 

days left before launch is to occur, and 

publication of this rule is needed to 

respond to the potential safety hazards 

associated with the launch of spacecraft 

over the waters of the Gulf of Mexico. 

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 Corpus 

Christi (COTP) has determined that 

hazards inherent in rocket launching 

activity necessitate provisions to protect 

personnel, vessels, and the marine 

environment while it is taking place. 

The hazards inherent in SpaceX’s rocket 

launching activities include the chance 

of being hit by free falling debris, 

descending vehicles or vehicle 

components. 

IV. Discussion of the Rule 

This rule is subject to enforcement 

from 2 p.m. to 6 p.m. each day from 

November 18, 2024, through November 

22, 2024, and November 25, 2024, and 

from 11 a.m. to 3 p.m. each day from 

November 23, 2024, through November 

24, 2025. No vessel or person will be 

permitted to enter the temporary safety 

zones during the period in which the 

rule is subject to enforcement without 

obtaining permission from the COTP or 

a designated representative, who may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz) or by telephone at 361– 

939–0450. The Coast Guard will issue 

Broadcast Notices to Mariners and 

Safety Marine Information Broadcasts. 

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 

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, and 

duration of the safety zones. The safety 

zones cover an area of the South Bay, 

TX, approximately 4.5 square miles in 

size, and an area of the Gulf of Mexico, 

offshore of Boca Chica Beach, TX, 

approximately 115 square miles in size. 

The temporary safety zones will be 

subject to enforcement for a period of 4 

hours a day, from 2 p.m. to 6 p.m. each 

day from November 18, 2024, through 

November 22, 2024, and November 25, 

2024, and from 11 a.m. to 3 p.m. each 

day from November 23, 2024, through 

November 24, 2025. The rule does not 

completely prohibit vessel traffic within 

the waterway, and it allows mariners to 

request permission to enter the zones. 

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 

temporary safety zone 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 


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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 92573 

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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 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 

establishment of two temporary safety 

zones for navigable waters in the Gulf of 

Mexico and South Bay. The safety zones 

are needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by rocket 

launching activity that may include free 

falling debris and/or descending 

vehicles or vehicle components under 

various means of control. It is 

categorically excluded from further 

review under paragraph L60(c), in 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

is available for viewing in the docket. 

For instructions on how to locate it, see 

the ADDRESSES section above. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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.T08–1021 to read as 

follows: 

§ 165.T08–1021 Safety Zones; Gulf of 

Mexico and South Bay, Boca Chica Beach, 

TX. 

(a) Location. The following areas are 

safety zones: Safety Zone A consists of 

all navigable waters of the Gulf of 

Mexico, from the surface to bottom, 

encompassed by a line connecting the 

following points beginning at Point 1: 

26°2′36′′ N 097°9′8′′ W, thence to Point 

2: 26°3′0′′ N 097°7′10′′ W, thence to 

Point 3: 26°7′0′′ N 097°57′0′′ W, thence 

to Point 4: 26°6′54′′ N 096°55′46′′ W, 

thence following the 12NM line to 

United States of America/Mexico 

Maritime Boundary Line, thence 

following the United States of America/ 

Mexico Maritime Boundary Line to 

Point 5: 25°57′24.2′′ N 097°8′49′′ W, 

thence following the coast to Point 1. 

Safety Zone B consists of all navigable 

waters of South Bay, from the surface to 

bottom, encompassed by a line 

connecting the following points 

beginning at Point 6: 26°2′45′′ N 

097°11′6.3′′ W, thence to Point 7: 

26°2′45′′ N 097°10′53.4′′ W, thence 

following the coastline to Point 6. These 

coordinates are based on World 

Geodetic System (WGS) 84. 

(b) Enforcement period. This section 

will be subject to enforcement from 2 

p.m. to 6 p.m. each day from November 

18, 2024, through November 22, 2024, 

and November 25, 2024, and from 11 

a.m. to 3 p.m. each day from November 

23, 2024, through November 24, 2025. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into the temporary safety zones is 

prohibited unless authorized by the 

Captain of the Port, Sector Corpus 

Christi (COTP) or a designated 

representative. They may be contacted 

on Channel 16 VHF–FM (156.8 MHz) or 

by telephone at 361–939–0450. 

(2) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for the safety zone 

through Broadcast Notices to Mariners 

and Safety Marine Information 

Broadcasts. 

Dated: November 17, 2024. 

T.H. Bertheau, 

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

Port, Sector Corpus Christi. 

[FR Doc. 2024–27454 Filed 11–20–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0786; FRL–10405– 

02–R4] 

Air Plan Partial Approval and Partial 

Disapproval; North Carolina; Second 

Period Regional Haze Plan 

AGENCY: Environmental Protection 

Agency (EPA). 


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