Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101471 

Homeland Security Delegation No. 00170.1 

Revision No. 01.3. 

■ 2. Amend § 110.228 by adding 

paragraph (a)(12) to subpart B to read as 

follows: 

§ 110.228 Columbia River, Oregon and 

Washington. 

(a) * * * 

(12) Rice Island Anchorage. All 

waters in the vicinity of Rice Island, 

Oregon, bound by a line connecting the 

following points, which are based on 

the World Geodetic System (WGS 84): 

TABLE 3 TO PARAGRAPH (a)(12) 

Latitude Longitude 

46°13′15.60′′ 123°46′28.20′′ 

46°13′37.20′′ 123°45′22.20′′ 

46°14′42.00′′ 123°43′12.00′′ 

46°14′52.80′′ 123°42′12.00′′ 

46°14′42.60′′ 123°42′00.00′′ 

46°13′47.40′′ 123°43′48.60′′ 

46°13′36.60′′ 123°44′15.60′′ 

46°13′07.20′′ 123°45′58.20′′ 

46°13′00.60′′ 123°46′16.80′′ 

* * * * * 

Dated: December 3, 2024. 

Charles E. Fosse, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2024–29536 Filed 12–12–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1066] 

RIN 1625–AA00 

Safety Zone; New Years Eve Fireworks 

on the Patapsco River, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Patapsco River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters in Baltimore, MD from potential 

hazards during a fireworks display to 

commemorate the New Years Eve. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Maryland-National Capital Region or a 

designated representative. 

DATES: This rule is effective from 11:55 

p.m. on December 31, 2024, through 

12:15 a.m. January 1, 2025. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1066 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 LCDR Kate Newkirk, Sector 

Maryland-National Capital Region 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–576–2570, 

email Kate.m.newkirk@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port, MarylandNational Capital Region 

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 

On December 4, 2024, the Baltimore 

Office of Promotions notified the Coast 

Guard that it will be conducting a 

fireworks display from 11:55 p.m. on 

December 31, 2024, through 12:15 a.m. 

January 1, 2025. The fireworks are to be 

launched from a fireworks barge located 

in the Patapsco River, in position 

39°16′36′′, N 07 076°35′53′′ W. Hazards 

from the fireworks display include harm 

from the accidental discharge of 

fireworks, and being hit by dangerous 

projectiles, falling hot embers, or other 

debris. The Captain of the Port, 

Maryland-National Capital Region 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this display would be a safety 

concern for anyone within 300 feet of 

the fireworks barge. 

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 there 

is insufficient time to provide notice 

and opportunity to comment before the 

date of the event. 

In addition, 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 

and contrary to the public interest 

because the rule must be in place within 

30 days of the date of publication to 

respond to the potential safety hazards 

associated with this fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The COTP 

has determined that potential hazards 

associated with the fireworks to be used 

in this December 31, 2024 display will 

be a safety concern for anyone within a 

300-foot radius of the barge. The 

purpose of this rule is to ensure safety 

of vessels and of the navigable waters in 

the safety zone before, during, and after 

the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

This rule establishes a safety zone that 

will be enforced from 11:55 p.m. on 

December 31, 2024, through 12:15 a.m. 

January 1, 2025. The safety zone will 

cover all navigable waters within 300 

feet of a barge in the Patapsco River 

located in approximate position latitude 

39°16′36′′ N, longitude 076°36′53′′ W, on 

the Patapsco River. The duration of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

fireworks display. 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 

Executive Order 12866 as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review). Accordingly, this 

rule has not been subject to review by 

the Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, duration, and timeof-day of the safety zone, which will 


lotter on DSK11XQN23PROD with RULES1
101472 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

impact a small, designated area of the 

Patapsco River for a total of no more 

than thirty minutes of total 

enforcement-hours during the evening, 

when vessel traffic is normally low. 

Moreover, the Coast Guard will issue 

Local 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 

regulatory flexibility analysis provisions 

of the Act, do not, however, apply to 

rules not subject to notice and comment. 

As the Coast Guard has, for good cause, 

waived the notice and comment 

requirement that would otherwise apply 

to this rulemaking, the Regulatory 

Flexibility Act’s flexibility analysis 

provisions do not apply here. In the 

spirit of § 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 a safety 

zone lasting 30 minutes that will 

prohibit entry within 300 feet of a barge 

within a portion of the Patapsco River. 

It is categorically excluded from further 

review under paragraph L60(c) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 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. 0170.1, Revision 01.3. 

■ 2. Add § 165.T05–1066 to read as 

follows: 

§ 165.T05–1066 Safety Zone; December 31, 

2024, Fireworks on the Patapsco River, 

Baltimore, MD. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Patapsco River within 300 feet of a 

fireworks barge in approximate position 

latitude 39°16′36′′ N, longitude 

076°36′53′′ W, located at Baltimore, MD. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

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 Captain of the Port MarylandNational Capital Region (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 

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, 

contact the COTP or the COTP’s 

representative by telephone at 410–576– 

2693 or on Marine Band Radio VHF–FM 

channel 16 (156.8 MHz). 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. 

(d) Enforcement officials. 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 safety 

zone will be enforced from 11:55 p.m. 

on December 31, 2024, through 12:15 

a.m. January 1, 2025. 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101473 

Dated: December 10, 2024. 

Patrick C. Burkett, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2024–29455 Filed 12–13–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1062] 

RIN 1625–AA00 

Safety Zone; Lake Erie, Avon Lake, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Lake Erie within a 

750-yard radius of the Avon Lake Power 

Plant (located at position 41°30′15′′ N 

082°03′14′′ W). The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by demolition 

activities at the Avon Lake Power Plant 

in Avon Lake, Ohio. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Sector Eastern Great 

Lakes. 

DATES: This rule is effective on 

December 19, 2024, from 5 a.m. to 5:30 

p.m. with a back-up date of December 

20, 2024, from 5 a.m. to 5:30 p.m. in the 

event weather is unfavorable on 

December 19, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0678 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 Cody Mayrer 

at Marine Safety Unit Cleveland’s 

Waterways Management Division, U.S. 

Coast Guard; telephone 216–937–0111, 

email D09-SMB-MSUCLEVELANDWWM@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 of 

limited advance notice provided by the 

contractor and because the Coast Guard 

must establish this safety zone by 

December 19, 2024 in order to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the demolition activities at 

the Avon Lake Power Plant in Avon 

Lake, Ohio. 

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 due to limited advance notice 

provided by the contractor and because 

the Coast Guard must establish this 

safety zone by December 19, 2024 in 

order to protect personnel, vessels, and 

the marine environment from potential 

hazards created by the demolition 

activities at the Avon Lake Power Plant 

in Avon Lake, Ohio. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 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. The Captain 

of the Port Eastern Great Lakes has 

determined that a temporary safety zone 

for navigable waters within a 750-yard 

radius of the Avon Lake Power Plant 

(located at position 41°30′15′′ N 

082°03′14′′ W) is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by demolition activities at the 

Avon Lake Power Plant in Avon Lake, 

Ohio. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector Eastern Great Lakes or 

a designated representative. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from December 19, 2024, from 5:00 a.m. 

to 5:30 p.m. with a back-up date of 

December 20, 2024, from 5:00 a.m. to 

5:30 p.m. in the event that weather is 

unfavorable on December 19, 2024. The 

safety zone will cover all navigable 

waters on Lake Erie within a 750-yard 

radius of the Avon Lake Power Plant 

(located at position 41°30′15′′ N 

082°03′14′′ W). All geographic 

coordinates are North American Datum 

of 1983 (NAD 1983). The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by demolition 

activities at the Avon Lake Power Plant 

in Avon Lake, Ohio. 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 need to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by demolition activities at the 

Avon Lake Power Plant in Avon Lake, 

Ohio. This safety zone is also for only 

12.5 hours in a limited area along the 

shore of Lake Erie. Moreover, vessels 

can still transit through the safety zone 

with the permission of the COTP or a 

designated representative. 

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 


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