Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96101 

capacity of the river system. It is 

categorically excluded from further 

review under paragraph L59(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. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 2071; 46 U.S.C. 

70006, 70034; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 00170.1 

Revision No. 01.3. 

■ 2. Amend § 110.228 by adding 

paragraphs (a)(12) through (14) to read 

as follows: 

§ 110.228 Columbia River, Oregon and 

Washington. 

(a) * * * 

(12) [Reserved] 

(13) [Reserved] 

(14) Port Westward Anchorage. All 

waters in the vicinity of Port Westward, 

Oregon, bound by a line connecting the 

following points, which are based on 

the World Geodetic System (WGS 84): 

Latitude Longitude 

46°10′16.80′′ ................. 123°12′58.80′′ 

46°10′48.60′′ ................. 123°11′25.20′′ 

46°10′43.20′′ ................. 123°11′21.60′′ 

46°09′59.40′′ ................. 123°12′46.80′′ 

* * * * * 

Dated: November, 26, 2024. 

Charles E. Fosse, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2024–28311 Filed 12–3–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1023] 

RIN 1625–AA00 

Safety Zone; Charleston Harbor, 

Charleston County, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Atlantic Ocean 

at the Charleston Harbor Entrance 

Channel, Charleston Harbor, and Cooper 

River, within a 100-yard radius of the 

M/V CAPE RACE and all towing vessels 

supporting its operations. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

dead ship movement of M/V CAPE 

RACE from the Charleston Harbor 

Entrance Channel to Detyens Shipyard 

on the Cooper River in North 

Charleston, SC. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Charleston. 

DATES: This rule is effective without 

actual notice from December 4 2024, 

through 8 p.m. December 4, 2024. For 

the purposes of enforcement, actual 

notice will be used from 8 a.m. on 

November 28, 2024, through December 

4, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1023 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 Petty Officer First Class 

Thomas J. Welker, Sector Charleston, 

Waterways Management Division, U.S. 

Coast Guard; telephone (843) 740–3180 

ext. 3339, email thomas.j.welker@

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 and 

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. The 

Coast Guard lacks sufficient time to 

provide for a comment period and then 

consider those comments before issuing 

the rule since this rule is needed by 

November 28, 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 

this rule would be impracticable 

because immediate action is needed to 

minimize the potential safety hazards 

associated with the dead ship 

movement of the M/V CAPE RACE on 

or about November 28, 2024. 

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 Charleston (COTP) 

has determined that potential hazards 

associated with the dead ship 

movement and berthing of M/V CAPE 

RACE on or about November 28, 2024, 

will be a safety concern for anyone 

within a 100-yard radius of vessel and 

any towing vessels supporting the 

operation. This rule is needed to protect 

personnel, vessels, and the marine 

environment during the dead ship 

movement of M/V CAPE RACE while 

transiting from the Charleston Harbor 

Entrance Channel to berthing at Detyens 

Shipyards on the Cooper River in North 

Charleston, SC. 

IV. Discussion of the Rule 

This rule establishes a temporary 

moving safety zone on or about 

November 28, 2024, however the zone 

will only be enforced while the M/V 

CAPE RACE is underway with 

supporting, towing vessels. The moving 

100-yard safety zone will be established 

for the M/V CAPE RACE and all towing 

vessels supporting its operations during 

transiting from Charleston Harbor 

Entrance Channel Buoy #6 in the 

Charleston Harbor Entrance Channel to 

berthing at Detyens Shipyards on the 

Cooper River in North Charleston, SC. 

The safety zone will only be enforced 

during the towing operations, while the 

vessel is in transit. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the dead 

ship movement of M/V CAPE RACE 

while transiting the Charleson Harbor 

area. 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 


ddrumheller on DSK120RN23PROD with RULES1
96102 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

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 size, location, and scope of 

the safety zone. The zone is limited in 

size, location, and duration as it will 

cover all navigable waters of the 

Atlantic Ocean at the Charleston Harbor 

Entrance Channel, Charleston Harbor, 

and Cooper River within a 100-yard 

radius of the M/V CAPE RACE and any 

towing vessels supporting the operation. 

The zone is limited in scope as vessel 

traffic may be able to safely transit 

around this safety zone and vessels may 

seek permission from the COTP to enter 

the zone. The zone is limited in 

duration in that it will be enforced for 

no more than eight hours. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the safety 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 

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 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 

temporary, moving safety zone on 

waters of the Atlantic Ocean at the 

Charleston Harbor Entrance Channel, 

Charleston Harbor, and Cooper River, 

within a 100-yard radius of the vessel 

M/V CAPE RACE and all towing vessels 

supporting its operations until the 

vessel completes mooring at Detyens 

Shipyards on the Cooper River in North 

Charleston, SC. This zone is not 

expected to last more than eight hours. 

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, Safety 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: 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96103 

1The MDAQMD’s jurisdiction includes the desert 

portion of San Bernardino County and the far 

eastern portion of Riverside County. 2The SBCAPCD rules have adoption dates prior 

to the formation of the MDAQMD because the rules 

were not revised or amended when the MDAQMD 

was formed and first adopted its rulebook. The 

rules were merely recodified as being MDAQMD 

rules that apply District-wide. 

3The versions of Rules 104, 408, 443, 468, 469 

and 472 that are currently part of the applicable SIP 

for the Riverside County portion of the MDAQMD 

were adopted by the SoCalAPCD, rather than the 

SCAQMD. 

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.T07–1023 to read as 

follows: 

§ 165.T07–1023 Safety Zone; Charleston 

Harbor, Charleston, SC 

(a) Location. The following is a safety 

zone: The moving safety zone will 

include all navigable waters of the 

Atlantic Ocean at the Charleston Harbor 

Entrance Channel, Charleston Harbor, 

and Cooper River, within a 100-yard 

radius of the M/V CAPE RACE and all 

towing vessels supporting its 

operations, while transiting to berthing 

at Detyens Shipyards on the Cooper 

River in North Charleston, SC. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) No person or 

vessel will be permitted to enter, transit, 

anchor, or remain within the safety zone 

unless authorized by the COTP 

Charleston or a designated 

representative. If authorization is 

granted, persons and/or vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Charleston or designated 

representative. 

(2) Persons who must notify or 

request authorization from the COTP 

Charleston may do so by telephone at 

(843) 740–7050, or may contact a 

designated representative via VHF radio 

on channel 16. 

(d) Effective and enforcement period. 

This section is effective on November 

28, 2024. The moving zone will be 

enforced while M/V CAPE RACE and all 

towing vessels supporting its operation 

are transiting, until moored at Detyens 

Shipyards on the Cooper River in North 

Charleston, SC. 

Dated: November 26, 2024. 

Francis J. DelRosso 

Captain, U.S. Coast Guard Captain of the 

Port Charleston. 

[FR Doc. 2024–28336 Filed 12–3–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0209; FRL–11948– 

02–R9] 

Air Plan Approval; California; Mojave 

Desert Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Mojave Desert 

Air Quality Management District 

(MDAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

recodification of prohibitory and 

administrative rules used by the District 

to regulate air pollutants under the 

Clean Air Act (CAA or the Act) 

including volatile organic compounds 

(VOCs), oxides of nitrogen (NOX) and 

particulate matter (PM). The intended 

effect is to update the California SIP to 

reflect the recodified rules. 

DATES: These rules are effective January 

3, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2024–0209. All 

documents in the docket are listed on 

the https://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 https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: La 

Kenya Evans-Hopper, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; phone: (415) 972–3245; email: 

evanshopper.lakenya@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 16, 2024 (89 FR 57819), under 

CAA section 110(k)(3), the EPA 

proposed to approve certain MDAQMD 

rules because they represent 

recodifications of existing SIP rules. The 

EPA also proposed to approve certain 

rescissions of existing SIP rules for the 

Riverside County portion of the 

MDAQMD SIP because they mirror 

recodified rules that were proposed for 

approval.1

In our proposed rule, we described 

the complicated regulatory history of 

the MDAQMD from the early 1970’s to 

the present time. The applicable SIP for 

the area the District now regulates 

consists of a mixture of rules from 

current and former agencies. Rules 

adopted by MDAQMD apply Districtwide; rules adopted by the San 

Bernardino County Air Pollution 

Control District (SBCAPCD) apply only 

in the San Bernardino County portion of 

the District; and rules adopted by the 

Riverside County APCD (RCAPCD), the 

Southern California APCD 

(SoCalAPCD), or the South Coast Air 

Quality Management District 

(SCAQMD) only apply in the Riverside 

County portion of the District. The 

purpose of the SIP revisions that are the 

subject of this action is to align the SIP 

versions of the rules with those that are 

in effect in the MDAQMD. 

Table 1 lists the MDAQMD rules that 

were submitted for inclusion in the SIP 

with the date each rule was adopted and 

then submitted by the California Air 

Resources Board (CARB).2 When these 

rules were submitted, CARB also 

requested rescission of the analogous 

rules in the SIP that were adopted by 

SCAQMD.3 Table 2 lists the rules to be 

rescinded by this action with the dates 

that they were adopted by SCAQMD, 

approved by the EPA (with the 

associated Federal Register citations), 

subsequently rescinded by MDAQMD, 

and then submitted by CARB for 

rescission. 


ddrumheller on DSK120RN23PROD with RULES1