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 


lotter on DSK11XQN23PROD with RULES1
101474 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

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 a safety 

zone lasting 12.5 hours that will 

prohibit entry within a 750-yard radius 

of the Avon Lake Power Plant (Located 

at Position 41°30′15′′ N 082°03′14′′ W). 

It is categorically excluded from further 

review under paragraph L60a 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. § 165.T09–1062 will read as 

follows: 

§ 165.T09–1062 Safety Zone; Avon Lake 

Power Plant Demolition, Lake Erie, Avon 

Lake, OH. 

(a) Location period: The following 

area is a temporary safety zone: All U.S. 

Navigable waters of Lake Erie within a 

750-yard radius of the Avon Lake Power 

Plant in Avon Lake, Ohio located at the 

following position: 41°30′15′′ N 

082°03′14′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 1983). 

(b) Enforcement period: The Coast 

Guard will enforce the safety zone 

described in paragraph (a) of this 

section from December 19, 2024, from 5: 

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

will be December 20, 2024, from 5: a.m. 

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

unfavorable on December 19, 2024. The 

Captain of the Port Sector Eastern Great 

Lakes (COTP) will announce specific 

enforcement periods by Broadcast 

Notice to Mariners. The COTP, or a 

designated representative may suspend 

enforcement of the safety zone at any 

time. 

(c) 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 COTP in 

the enforcement of the safety zone. 

(d) Regulations: (1) In accordance 

with the general regulations in § 165.23, 

entry into, transiting, or anchoring 

within the safety zone described in 

paragraph (a) of this section is 

prohibited unless authorized by the 

COTP or his designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the COTP Sector Eastern Great 

Lakes or his designated representative to 

obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

COTP or his designated representative. 

The COTP or his designated 

representative may be contacted via 

VHF Channel 16 or by calling (888) 

230–4703. 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101475 

Dated: December 9, 2024. 

M.I. Kuperman, 

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

Port Eastern Great Lakes. 

[FR Doc. 2024–29510 Filed 12–13–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–1072] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone in the navigable waters of 

the Suisun Bay, off Concord, CA, in 

support of explosive handling 

operations at Military Ocean Terminal 

Concord (MOTCO) on December 12, 

2024, through December 19, 2024. This 

safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from potential explosions 

within the explosive arc. The safety 

zone is open to all persons and vessels 

for transitory use, but vessel operators 

desiring to anchor within the safety 

zone must obtain the permission of the 

Captain of the Port (COTP) San 

Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced without 

actual notice from 12:01 a.m. on 

December 13, 2024, until 11:59 p.m. on 

December 19, 2024. For purposes of 

enforcement, we will use actual notice 

to enforce the regulations in 33 CFR 

165.1198 on December 12, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant William Harris, U.S. 

Coast Guard Sector San Francisco, 

Waterways Management Division, at 

(415) 399–7443, SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1198 for the Military Ocean 

Terminal Concord, CA (MOTCO) 

regulated area from 12:01 a.m. on 

December 12, 2024, until 11:59 p.m. on 

December 19, 2024. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from 

potential explosion within the explosive 

arc. The regulation for this safety zone, 

§ 165.1198, specifies the locations of the 

safety zone which encompasses the 

navigable waters in the area between 

500 yards of MOTCO Pier 2 in position 

38°03′30′′ N, 122°01′14′′ W and 3,000 

yards of the pier. During the 

enforcement period, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you must 

comply with the instructions of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at (415) 

399–7410, or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via Broadcast Notice to Mariners. 

Dated: December 10, 2024. 

Jordan M. Baldueza, 

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

Port San Francisco. 

[FR Doc. 2024–29520 Filed 12–13–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2024–0380; FRL–12206– 

02–R6] 

Finding of Failure To Attain by the 

Attainment Date for the 2010 1-Hour 

Primary Sulfur Dioxide National 

Ambient Air Quality Standard; 

Louisiana; Evangeline Parish 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making a determination 

that the Evangeline Parish, Louisiana, 

sulfur dioxide (SO2) nonattainment area 

(NAA) failed to attain the 2010 1-hour 

primary SO2 national ambient air 

quality standard (2010 SO2 NAAQS) 

under the Clean Air Act (CAA or the 

Act) by the applicable statutory 

attainment date of April 9, 2023. This 

determination is based upon 

consideration and review of all relevant 

and available information for the NAA, 

including reported emissions records 

and available modeling data for the 

area’s primary SO2 source, Cabot 

Corporation’s Ville Platte Plant (Cabot). 

DATES: This rule is effective on January 

15, 2025. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–R06–OAR–2024–0380. 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 or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Thomas, SO2 and Regional Haze 

Section (R6–ARSH), Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region 6, 1201 Elm Street, 

Suite 500, Dallas, Texas 75270. His 

direct telephone number is (214) 665– 

7478. Mr. Thomas can also be reached 

via electronic mail at Thomas.Ronald@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our September 4, 

2024, proposal (89 FR 71872). In that 

document, we proposed to determine 

that the Evangeline Parish SO2

nonattainment area failed to attain the 

2010 SO2 NAAQS by the applicable 

statutory attainment date of April 9, 

2023. In summary, our proposed 

determination was based upon 

evaluation of SO2 emissions data and 

prior modeling for the NAA. 

Specifically, this proposed 

determination was supported by data 

showing that emissions have increased 

when comparing the 2020–2022 period 

to the modeled emissions at 

designation. Based on this increase in 

emissions, there is nothing to suggest 

that the area is no longer in violation of 

the NAAQS as demonstrated by the 

2017 modeling analysis for the initial 

designation of the area. 

The public comment period for our 

proposed determination expired on 

October 4, 2024. The EPA received no 

comments on our September 4, 2024, 

proposal. Therefore, we are finalizing 

our action as proposed. 

II. Final Action 

The EPA is finalizing the September 

4, 2024, proposed finding, and per CAA 

section 179(c)(1)–(2), the EPA 

determines that the Evangeline Parish 

SO2 NAA has not attained the 2010 onehour SO2 NAAQS of 75 ppb by the 

applicable statutory attainment date of 

April 9, 2023. 


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