101892 Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 

on the Dockets tab and then the 

proposed rule, you should see a 

‘‘Subscribe’’ option for email alerts. The 

option will notify you when comments 

are posted, or a final rule is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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. Revise and republish § 165.T01– 

0559 to read as follows: 

§ 165.T01–0559 Safety Zone; West 

Passage Narragansett Bay, Jamestown, RI. 

(a) Location. The following area is a 

safety zone: All waters within a 250- 

yard radius of cable laying vessel 

Skagerrak and the J.F. Brennan 

construction barge #4132 while 

operating in West Passage Narraganset 

Bay, Jamestown, RI, between Jamestown 

Verrazzano Bridge (41°31′43.7′′ N 

71°24′18.2′′ W) and Dutch Island 

(41°29′47.3′′ N, 71°24′16.5′′ W). 

(b) Definitions. As used in this 

section, 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 Sector Southeastern New 

England (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 VHF–FM radio 

channel 16 or phone at 508–457–3211. 

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 period. This section 

is effective from 12:01 a.m. on December 

17, 2024, through 11:59 p.m. on Friday, 

January 31, 2025. The safety zone 

described in paragraph (a) of this 

section will only be subject to 

enforcement while the cable laying 

vessel SKAGERRAK and the J.F. 

Brennan construction barge #4132 are 

engaged in cable laying operations in 

West Passage Narraganset Bay, 

Jamestown, RI, between Jamestown 

Verrazzano Bridge (41°31′43.7′′ N 

71°24′18.2′′ W) and Dutch Island 

(41°29′47.3′′ N, 71°24′16.5′′ W). 

Y. Moon, 

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

Port Sector Southeastern New England. 

[FR Doc. 2024–29802 Filed 12–16–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0500] 

RIN 1625–AA00 

Safety and Security Zones: Pilgrim 

Nuclear Power Plant, Plymouth 

Massachusetts 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

disestablishing the existing safety and 

security zone for Pilgrim Nuclear Power 

Plant, Plymouth, Massachusetts. Since 

the implementation of the regulation, 

the facility has permanently ceased 

power operations making the provisions 

of the security zone no longer 

applicable. The waterfront facility’s 

safety and security zone will be 

removed from all charts, publications, 

and other navigational references. All 

related private aids to navigational 

marking the boundaries of the security 

zone will also be removed. 

DATES: This rule is effective January 16, 

2025. 

ADDRESSES: To view the documents 

mentioned in the preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0500 in the search box and click 

‘‘Search’’ in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call, 

or email Mr. Timothy Chase. Sector 

Boston, Waterways Management 

Division, U.S. Coast Guard; telephone 

617–447–1620, email: 

Timothy.w.chase@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 

On January 9, 2024, Entergy Nuclear 

Operation, Inc, notified the Coast Guard 

that they had provided all the required 

documentation for disestablishment to 

the U.S. Nuclear Regulatory 

Commission as per 10 CFR 

50.82(a)(1)(i). Power operations have 

ceased at the Pilgrim Nuclear Power 

Station. 

In response, on August 30, 2024, the 

Coast Guard published a NPRM titled 

‘‘Safety and Security Zones; Pilgrim 

Nuclear Power Plant, Plymouth 

Massachusetts’’ in the Federal Register 

(89 FR 70587). There we stated why we 

issued the NPRM and invited comments 

on our proposed regulatory action 

related to Safety and Security Zones: 

Pilgrim Nuclear Power Plant, Plymouth, 

Massachusetts. During the comment 

period that ended September 30, 2024, 

we received three written submissions. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

70051, and 70124. The Captain of the 

Port Sector Boston Massachusetts 

(COTP) has determined that 

disestablishing the safety and security 

zone cited in 33 CFR 165.115, Safety 

and Security Zones: Pilgrim Nuclear 

Power Plant, Plymouth Massachusetts, 

by removing that section. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above the Coast Guard 

received three written submissions on 

our NPRM published on August 30, 

2024. All three commenters were in 

favor of our proposal, no Public 

Meetings were requested or held. There 

are no changes in the regulatory text of 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Rules and Regulations 101893 

this rule from the proposed rule in the 

NPRM. The Coast Guard is 

disestablishing the safety and security 

zone cited in 33 CFR 165.115, Safety 

and Security Zones: Pilgrim Nuclear 

Power Plant, Plymouth, Massachusetts, 

by removing that section. 

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 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 align the 

regulations with the current 

arrangements of the port as the 

waterfront facility safety and security 

zone is no longer required. The Captain 

of the Port of Boston Massachusetts is 

removing 33 CFR 165.115. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

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 

would not result in such an 

expenditure, we do discuss the potential 

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 made a 

preliminary determination 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 the 

disestablishment of a security zone. 

Normally such actions are categorically 

excluded from further review under 

paragraph L60(b) 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. 

§ 165.115 [Removed] 

■ 2. Remove § 165.115. 

J.C. Frederick, 

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

Port Sector Boston. 

[FR Doc. 2024–29803 Filed 12–16–24; 8:45 am] 

BILLING CODE 9110–04–P 


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