Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106325 

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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2017–0914 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

Viewing material in the docket. To 

view documents mentioned in this rule 

as being available in the docket, find the 

docket as described in the previous 

paragraph, and then select ‘‘Supporting 

& Related Material’’ in the Document 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on the https://www.regulations.gov 

Frequently Asked Questions web page. 

We review all comments received, but 

we will only post comments that 

address the topic of this 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 information 

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. Amend § 165.T08–0914 by revising 

paragraph (d) to read as follows: 

§ 165.T08–0914 Safety Zone; Taylor Bayou 

Turning Basin, Port Arthur, TX. 

* * * * * 

(d) Enforcement date. The safety zone 

in paragraph (a) of this section will be 

enforced from December 30, 2024, 

through September 30, 2027. It will be 

subject to enforcement the entire period 

unless the COTP determines it is no 

longer needed, in which case the Coast 

Guard will inform mariners via Notice 

to Mariners. 

Dated: December 20, 2024. 

Anthony R. Migliorini, 

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

Port Marine Safety Unit Port Arthur. 

[FR Doc. 2024–31127 Filed 12–27–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0820] 

RIN 1625–AA00 

Safety Zone; Kernwood Avenue Bridge 

Repairs—Danvers River, Salem, MA, 

and Beverly, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is amending 

the current temporary safety zone in the 

vicinity of the Kernwood Avenue Bridge 

between Salem, MA and Beverly, MA. 

We are extending the effective period by 

11 months to November 30, 2025, and 

are updating the enforcement schedule 

of the safety zone. The temporary safety 

zone is necessary to protect personnel, 

vessels, and the marine environment 

from potential hazards created during 

emergency bridge repairs. When 

enforced, entry of vessels or persons 

into this zone will be prohibited unless 

specifically authorized by the Captain of 

the Port Boston or a designated 

representative. 

DATES: This rule is effective without 

actual notice from December 30, 2024 

through 11:59 p.m. on November 30, 

2025. For the purposes of enforcement, 

actual notice will be used from 

December 20, 2024, until December 30, 

2024. 

Comments and related material must 

be received by the Coast Guard on or 

before March 31, 2025. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2024–0820 using the Federal eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email Mr. Timothy 

Chase, Waterways Management 

Division, U.S. Coast Guard Sector 

Boston, telephone 617–447–1620, or 

email Timothy.w.chase@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Boston 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

NAD 83 North American Datum 1983 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On November 21, 2024, the 

Massachusetts Department of 

Transportation bridge division notified 

the Waterways Management Division of 

U.S. Coast Guard Sector Boston that 

more extensive repair operations need 

to be conducted to the Kernwood 

Avenue Bridge, spanning the Danvers 

River between Salem, MA, and Beverly, 

MA, and are anticipated to be 

completed by November 30, 2025. An 

earlier TIR published on September 23, 

2024, established the first safety zone 

regulation for that waterway in 33 CFR 

165.T01–0820 (89 FR 77451). 

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 


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106326 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

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 the 

construction schedule for Kernwood 

Avenue Bridge was only recently 

finalized, and prompt action is needed 

to respond to the potential safety 

hazards associated with this project. It 

is impracticable and contrary to the 

public interest to publish an NPRM 

because prompt action is needed to 

establish this safety zone by December 

20, 2024, to allow for the timely repairs 

to the Kernwood Avenue Bridge and 

ensure the safety of mariners transiting 

the area from the dangers associated 

with the operations associated with 

these repairs. 

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 prompt action is needed to 

ensure public safety during repair 

operations to the Kernwood Avenue 

Bridge. 

Although the first regulation was 

published as an interim rule without 

prior notice, public comment was 

nevertheless desirable to ensure that the 

regulation is both workable and 

reasonable. No comments were received 

during a 30-day comment period that 

ended October 23, 2024. Accordingly, 

an additional 90-day comment period 

for this temporary interim rule will 

allow persons wishing to comment to do 

so by submitting written comments as 

set out under ADDRESSES in this 

preamble. Commenters should include 

their names and addresses, identify the 

docket number for the regulation, and 

give reasons for their comments. If the 

Coast Guard determines that additional 

changes to the temporary interim rule 

are necessary, we will publish a 

temporary final rule or other 

appropriate document. 

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 Boston (COTP) has 

determined that potential hazards 

associated with bridge repair operations 

continuing through November 30, 2025, 

will be a safety concern for anyone 

within a 100-yard radius of the center 

point of the Kernwood Avenue Bridge. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while bridge repair operations are 

taking place. 

IV. Discussion of Rule 

The Coast Guard is making the 

following amendments to the current 

temporary safety zone on the navigable 

waters at mile 1.0 Danvers River, within 

a 100-yard radius of the center point of 

the Kernwood Avenue Bridge between 

Salem, MA and Beverly, MA: 

i. We are extending the effective 

period by 11 months to accommodate 

more extensive repairs to the bridge. 

The existing safety zone was effective 

until 11:59 p.m. December 31, 2024. The 

11-month extension will make the safety 

zone effective until 11:59 p.m. on 

November 30, 2025. 

ii. We are adjusting the enforcement 

of the safety zone. The existing safety 

zone was subject to an enforcement 

schedule from 9 p.m. to 5 a.m. Sunday 

through Thursday. With this rule we are 

moving away from that schedule. The 

Coast Guard is establishing a safety zone 

from December 20, 2024, through 11:59 

p.m. on November 30, 2025. The safety 

zone will be enforced only during active 

repair operations, when work barges 

and cranes will be placed in the narrow 

navigable channel, or other instances 

which may create a hazard to 

navigation. The active repair operations 

will take place in multiple phases 

which will be announced in the Local 

Notice to Mariners. Additionally, each 

phase will allow for bridge openings 

and transits through the regulated area 

during repairs with advanced 

notification to the on-scene contractor. 

The safety zone will cover all 

navigable waters within a 100-yard 

radius of the center point of the 

MassDOT Kernwood Avenue Bridge, at 

mile 1.0, spanning the Danvers River, 

between Salem, MA, and Beverly, MA, 

in approximate position 42°32′34.8′′ N 

70°53′54.2′′ W (NAD 83). During times 

of enforcement, all persons or vessels 

will be prohibited from entering the 

safety zone without permission from the 

COTP or a designated representative. 

The Coast Guard will make notice of 

the enforcement period of the safety 

zone via the Local Notice to Mariners 

and issue a Broadcast Notice to 

Mariners via marine channel 16 (VHF– 

FM) as soon as practicable in response 

to an emergency or hazardous 

condition. In addition, if the project is 

completed before 11:59 p.m. on 

November 30, 2025, enforcement of the 

safety zone will be suspended, and 

notice given via Local Notice to 

Mariners. The First Coast Guard District 

Local Notice to Mariners can be found 

at: http://www.navcen.uscg.gov. 

These amendments are being made to 

maintain safe navigation in the project 

area and to prevent accidental or 

intentional damage to persons or 

property on the work site. 

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. 

When enforced, vessel traffic will not be 

able to safely transit around this safety 

zone. As a result, to reduce the regulator 

burden, with advance notice, vessels 

may request permission from the onscene contractor to safely transit the 

safety zone. Enforcement of the safety 

zone will be limited in duration during 

active repair operations, when work 

barges and cranes will be placed in the 

narrow navigable channel. Additionally, 

the Salem, Beverly, and Danvers Harbor 

Masters will be on scene during active 

repair operations to inform any 

potential vessels of the safety zone. The 

Coast Guard will make notice of this 

safety zone via the Local Notice to 

Mariners and issue a Broadcast Notice 

to Mariners via marine channel 16 

(VHF–FM) as soon as practicable in 

response to an emergency or hazardous 

condition. Again, this rule also allows 

vessels to seek permission to enter the 

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. 


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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106327 

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 because they are able to 

transit with permission from COTP or 

the COTP’s designated representative. 

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 will 

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 does 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 amends a 

previously created temporary safety 

zone for the navigable waters within 

100-yard radius of the center point of 

the MassDOT Kernwood Avenue Bridge, 

at mile 1.0, spanning the Danvers River 

between Salem, MA, and Beverly, MA, 

in two ways. First, we are extending the 

effective period by 11 months to 

November 30, 2025. Second, by 

updating the schedule the safety zone is 

subject to enforcement to accommodate 

more extensive repairs to the bridge. 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 contact 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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. If 

we determine that changes to the 

temporary interim rule are necessary, 

the Coast Guard will publish a 

temporary final rule or other 

appropriate document. If you submit a 

comment, please include the docket 

number for this rulemaking, indicate the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2024–0820 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this rule for alternate 

instructions. 

Viewing material in docket. To view 

documents mentioned in this temporary 

interim rule as being available in the 

docket, find the docket as described in 

the previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the Dockets tab and then the 

temporary interim rule, you should see 

a ‘‘Subscribe’’ option for email alerts. 

The option will notify you when 

comments are posted, or a subsequent 

document is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the 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). 


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106328 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

1 88 FR 85112 (December 7, 2023). 

2State Implementation Plans: Response to 

Petition for Rulemaking; Restatement and Update of 

EPA’s SSM Policy Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls To Amend 

Provisions Applying to Excess Emissions During 

Periods of Startup, Shutdown and Malfunction, 80 

FR 33840 (June 12, 2015). 

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– 

0820 to read as follows: 

§ 165.T01–0820 Safety Zone; Kernwood 

Avenue Bridge Repairs—Danvers River, 

Salem, MA, and Beverly, MA. 

(a) Location. The following area is a 

safety zone: all navigable waters within 

a 100-yard radius of the center point of 

the Massachusetts Department of 

Transportation (MassDOT) Kernwood 

Avenue Bridge, at mile 1.0 spanning the 

Danvers River between Salem, MA, and 

Beverly, MA, in approximate position 

42°32′34.8′′N 70°53′54.2′′W. 

(b) Enforcement period. The safety 

zone in paragraph (a) of this section is 

effective from December 20, 2024, 

through 11:59 p.m. on November 30, 

2025. The section is subject to 

enforcement only during periods the 

navigable channel is restricted by the 

contractor’s work vessels, when the 

span cannot be mechanically operated, 

or in response to an emergency or 

hazardous condition during this period. 

The Coast Guard will make notice of 

this safety zone via the Local Notice to 

Mariners and issue a Broadcast Notice 

to Mariners via marine channel 16 

(VHF–FM) as soon as practicable in 

response to an emergency or hazardous 

condition. In addition, if the project is 

completed before 11:59 p.m. on 

November 30, 2025, enforcement of the 

safety zone will be suspended, and 

notice given via Local Notice to 

Mariners. The First Coast Guard District 

Local Notice to Mariners can be found 

at: http://www.navcen.uscg.gov. 

(c) Definitions. As used in this 

section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, petty officer, or any federal, 

state, or local law enforcement officer 

who has been designated by the Captain 

of the Port Boston (COTP) to act on his 

or her behalf. The designated 

representative may be on an official 

patrol vessel or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(2) Official patrol vessels mean any 

Coast Guard, Coast Guard Auxiliary, 

state, or local law enforcement vessels 

assigned or approved by the COTP to 

enforce this section. 

(d) Regulations. When this safety zone 

is enforced, the following regulations, 

along with those contained in 33 CFR 

165.23 apply: 

(1) No person or vessel may enter or 

remain in this safety zone without the 

permission of the COTP or the COTP’s 

designated representatives. Any person 

or vessel permitted to enter the safety 

zone must comply with the lawful 

directions and orders of the COTP or the 

COTP’s designated representatives. 

(2) To seek permission to enter the 

safety zone, individuals may reach the 

COTP or a COTP-designated 

representative via Channel 16 (VHF– 

FM) or (857) 416–3015 (Sector Boston 

Command Center). 

Dated: December 20, 2024. 

J.C. Frederick, 

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

Port Boston. 

[FR Doc. 2024–31311 Filed 12–27–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2019–0212; FRL–10997– 

04–R6] 

Air Plan Disapproval; Louisiana; 

Removal of Excess Emissions 

Provisions; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that a 

portion of a December 7, 2023, final 

disapproval action of a state 

implementation plan (SIP) revision 

submitted by the State of Louisiana was 

in error and making a correction 

pursuant to the Clean Air Act (CAA). 

DATES: This final action is effective on 

December 30, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R06–OAR–2019–0212. All 

documents in the docket are listed on 

the 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 www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 

FOR FURTHER INFORMATION CONTACT: 

General questions concerning this 

publication should be addressed to 

Michael Feldman, Regional Haze and 

SO2 Section, Air & Radiation Division, 

U.S. Environmental Protection Agency, 

Region VI, 1201 Elm Street, Dallas, 

Texas 75270; by telephone (214) 665– 

9793 or by email at feldman.michael@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How is the preamble organized? 

The information presented in this 

preamble is organized as follows: 

Table of Contents 

I. General Information 

A. How is the preamble organized? 

II. Background 

III. What is the EPA correcting? 

IV. What action is the EPA taking? 

V. Statutory and Executive Order Reviews 

II. Background 

On November 8, 2024, the EPA 

proposed to correct an error in an earlier 

EPA action, using the authority of 

section 110(k)(6) of the CAA. 

Specifically, the proposed action 

explained that the error occurred in a 

December 7, 2023, EPA action 1

disapproving revisions to the SIP for the 

State of Louisiana submitted in response 

to the 2015 SSM SIP Action.2

On June 12, 2015, the EPA finalized 

the 2015 SSM SIP Action, which 

clarified, restated, and updated the 

EPA’s national policy regarding SIP 

provisions applying to excess emissions 

during periods of startup, shutdown, 

and malfunction (SSM). As part of the 

2015 SSM SIP Action, the EPA issued 

a finding that certain SIP provisions for 

36 states that were applicable in 45 

statewide and local jurisdictions were 


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