Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105451 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

§ 1.897–1 [Amended] 

Par. 2. Section 1.897–1 is amended in 

paragraph (c)(3)(vi)(E) by removing the 

language ‘‘property interest, or’’ and 

adding the language ‘‘property interest 

or’’ in its place. 

Oluwafunmilayo A. Taylor, 

Section Chief, Publications and Regulations 

Section, Associate Chief Counsel, (Procedure 

and Administration). 

[FR Doc. 2024–30928 Filed 12–26–24; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0979] 

RIN 1625–AA00 

Safety Zone; Beaufort River, Beaufort, 

SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the Beaufort 

River in Beaufort, SC, for a barge-based 

fireworks display. The safety zone will 

encompass all waters within a 150-yard 

radius of the fireworks barge. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

fireworks display. 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 from 8 p.m. 

through 10 p.m. on December 31, 2024, 

or in the case of a weather issues, the 

rule is effective from 8 p.m. through 10 

p.m. on 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– 

0979 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 Adam Krukowski, 

Sector Charleston, Waterways 

Management Division, U.S. Coast 

Guard; telephone 843–740–3180 

extension 3339, email 

Adam.B.Krukowski@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. The Coast Guard was not 

informed of the need for a large-based 

fireworks display with sufficient time to 

go through the full notice and comment 

rulemaking process. Immediate action is 

needed to respond to the potential 

safety hazards associated with a largebased fireworks display, in Beaufort, SC. 

It is impracticable to publish an NPRM 

because we must establish this safety 

zone by December 31, 2024, or an 

alternate weather contingency date of 

January 1, 2025. 

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 necessary 

to protect personnel, vessels, and the 

marine environment from the potential 

safety hazards associated with the bargebased fireworks display located in the 

Beaufort River, in Beaufort, SC. 

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 Charleston 

(COTP) has determined that potential 

hazards associated with a barge-based 

fireworks display on December 31, 

2024, or on an alternate weather 

contingency date of January 1, 2025, 

will be a safety concern for anyone 

within a 150-yard radius of the 

fireworks barge. This rule is needed to 

ensure the safety of vessels and persons 

in the navigable waters before, during, 

and after a barge-based fireworks 

display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8 p.m. through 10 p.m. on 

December 31, 2024, or on a weather 

contingency date of January 1, 2025, 

from 8 p.m. through 10 p.m. The safety 

zone will cover all navigable waters 

within 150 yards of the fireworks barge 

on the Beaufort River in Beaufort, SC. 

The duration of the zone is intended to 

ensure the safety of vessels and persons 

before, during, and after the 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 

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 size, location, duration, 

and time-of-day of the safety zone 

Although the rule restricts access to a 

small, designated area of the Beaufort 

River encompassed by the safety zone, 

the effect of this rule will not be 

significant because the local waterways 

users will be notified to ensure the 

safety zone will result in minimal 

impact for the 2 hours in the evening 

when vessel traffic is normally low. 

Additionally, vessel traffic will be able 

to safely transit around 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 


khammond on DSK9W7S144PROD with RULES
105452 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

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 This 

rule involves a safety zone lasting only 

2 hours that will prohibit entry within 

150 yards of a fireworks barge. 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, 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.T07–0979 to read as 

follows: 

§ 165.T07–0979 Safety Zone; Beaufort 

River, Beaufort, SC. 

(a) Location. The following area is a 

safety zone: All waters of the Beaufort 

River, from surface to bottom, within a 

150-yard radius of a fireworks barge 

located at approximate position latitude 

32°25′37′′ N longitude 080°40′20′′ W. 

These coordinates are based on the 1984 

World Geodetic System. 

(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 Charleston (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 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 period. This rule will 

be enforced from 8 p.m. until 10 p.m. 

on December 31, 2024, or in the case of 

a weather issues, the rule will be 

enforced from 8 p.m. until 10 p.m. on 

January 1, 2025. 

F.J. DelRosso, 

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

Port Sector Charleston. 

[FR Doc. 2024–30980 Filed 12–26–24; 8:45 am] 

BILLING CODE 9110–04–P 


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