Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Proposed Rules 3729 

For these independently sufficient 

reasons, the Departments are 

withdrawing the proposed rules, and 

may propose new rules in the future, as 

appropriate to meet these goals. 

This withdrawal action does not limit 

the Departments’ ability to make new 

regulatory proposals in the areas 

addressed by the withdrawn proposed 

rules, including new proposals that may 

be substantially identical or similar to 

those described therein. In addition, this 

withdrawal action does not affect the 

Departments’ ongoing application of 

existing statutory and regulatory 

requirements or their responsibility to 

faithfully administer the statutory 

requirements the proposed rules would 

have implemented if finalized. 

Douglas W. O’Donnell, 

Deputy Commissioner, Internal Revenue 

Service. 

Lisa M. Gomez, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2025–00774 Filed 1–13–25; 4:15 pm] 

BILLING CODE 4830–01;–P; 4510–29–P; 4120–;01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1093] 

RIN 1625–AA00 

Safety Zone; Cable Laying Corridor, 

Atlantic Ocean, Virginia Beach, 

Virginia 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary moving safety 

zone to surround nearshore operations 

conducted by a cable laying barge. Cable 

lay and burial operations will create 

navigational hazards moving along a 

corridor from shore extending seaward 

12 NM. This action is necessary to 

provide for the safety of life on these 

navigable waters near Virginia Beach, 

Virginia. This proposed rulemaking 

would prohibit persons and vessels 

from entering the safety zone unless 

authorized by the Captain of the Port 

Sector Virginia or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before January 29, 2025. A shorter 

comment period is necessary for this 

rule to provide ample time to review 

and address comments on the proposed 

rule prior to the day the rule is needs 

to take effect to protect the public from 

the hazards it addresses. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2024–1093 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. This notice of proposed 

rulemaking with its plain-language, 100- 

word-or-less proposed rule summary 

will be available in this same docket. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LCDR Justin 

Strassfield, Sector Virginia, Waterways 

Management Division, U.S. Coast 

Guard, Telephone: (757) 668–5581; or 

virginiawaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CLB Cable Laying Barge 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NM Nautical Miles 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On December 3, 2024, Dominion 

Energy notified the Coast Guard with a 

request for a moving safety zone to 

encompass the operations conducted by 

the CLB ULISSE, to extend 1000-yards 

from the center of the barge. The Sector 

Virgnia COTP has determined that 

potential hazards associated with the 

anchorage arrangements necessary for 

the cable laying barge to conduct 

operations would be a safety concern for 

anyone within a 1000-yard radius of the 

barge. 

The purpose of this proposed 

rulemaking is to ensure the safety of 

vessels and the navigable waters within 

a 1000-yard radius of the CLB during its 

operations. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone on January 25, 2025, for 365 

days. The safety zone would cover all 

navigable waters within 1000 yards of 

the CBL ULISSE, only while it conducts 

cable handling and burial in the 

Atlantic Ocean beginning roughly 300 

yards from the shore of the State 

Military Reservation in Virginia Beach, 

Virginia out to 12 NM, the U.S. 

Territorial Seas border. The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

during the 365-day period. No vessel or 

person would be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. Due to the 

stability required for the cable laying 

and burial process, the multipoint 

anchorage configurations used are 

highly dynamic and create large unseen 

hazards to navigation requiring someone 

familiar with the current anchoring 

positions to determine if safe transit 

corridors exist or if a transiting vessel 

must avoid the full 1000 yards radius of 

the zone to mitigate the hazards present. 

A designated representative, in 

communication with the anchor 

handling vessels, can communicate 

these hazards and possible safe transit 

corridors, decreasing the burden on the 

non-project vessels seeking access 

through or around the zone. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM 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, the NPRM has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. Vessel 

traffic would be able to safely transit 

around this safety zone to the east 

initially without losing sight of land and 

the impact the nearshore recreational 

boaters near Rudee Inlet in Virginia 

Beach, Virginia would be reduced 

further as the CLB moves further from 

shore, providing safe transit options to 

the west along the shoreline. 


lotter on DSK11XQN23PROD with PROPOSALS1
3730 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Proposed Rules 

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 proposed rule would 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 

zones may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 proposed 

rule involves the establishment of safety 

zones to protect the public from hazards 

created by cable laying and burial 

operations, as well as the anchoring 

configurations, required for the 

operations of the CLB ULISSE. Normally 

such actions are categorically excluded 

from further review under paragraph 

L[60a] of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A preliminary 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. 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–2024–1093 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 proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

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 

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 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Proposed Rules 3731 

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 is proposing 

to amend 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.T05–1093 to read as 

follows: 

§ 165.T05–1093 Safety Zone; Cable Laying 

Corridor, Atlantic Ocean, Virginia Beach, 

Virginia. 

(a) Location. The following area is a 

moving safety zone: Any navigable 

waters located within 1000 yards in all 

directions from the Cable Laying Barge 

(CLB) ULISSE while operating off the 

coast of Virginia Beach, Virginia while 

it conducts work within 12 nm of the 

shore. The CLB operations will occur 

within a perimeter enclosed by 

positions: 36°49′4.8′′ N, 75°57′43.2′′ W; 

36°49′13.9′′ N, 75°42′39.8′′ W; 36°47′′ 

11.7′′ N, 75°41′′ 50.8′′ W and 36°48′′ 

28.8′′ N, 75°57′′ 43.2′′ 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 Virginia (COTP) in the 

enforcement of the safety zone. The 

term also includes the master of a U.S.- 

flagged vessel supporting the CLB 

ULISSE for the sole purpose of 

designating and establishing safe transit 

corridors, to permit passage into or 

through this safety zones, or to notify 

vessels and individuals of the actual 

hazards present if they have entered the 

safety zone and inform them of the safe 

direction to which they should depart. 

(c) Regulations. 

(1) Under the general safety zone 

regulations in subpart C of this part, no 

vessel or person may enter or remain in 

any safety zone described in paragraph 

(a) of this section unless authorized by 

the COTP, or designated representative. 

If a vessel or person is notified by the 

COTP, or designated representative that 

they have entered one of these safety 

zones without permission, they are 

required to immediately depart in a safe 

manner following the directions given. 

(2) Mariners requesting to transit this 

safety zone must first contact the 

designated representative who will be 

monitoring VHF–FM channels 13 and 

16 while work is ongoing. If permission 

is granted, mariners must proceed at 

their own risk and strictly observe any 

and all instructions provided by the 

COTP, or designated representative to 

the mariner regarding the conditions of 

entry to and exit from any location 

within the moving safety zone. 

(d) Enforcement. The Sector Virginia 

COTP may enforce the regulations in 

this section and may be assisted by any 

Federal, state, county, or municipal law 

enforcement agency. 

(e) Enforcement period. This section 

will be subject to enforcement from 

January 25, 2025, until January 25, 2026. 

If cable laying work is completed before 

January 25, 2026, or for a different 

reason the COTP determines the zone 

need no longer be enforced, they will 

issue a general permission to enter. 

Dated: December 26, 2024. 

Peggy M. Britton, 

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

Port Sector Virginia. 

[FR Doc. 2024–31420 Filed 1–14–25; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2023–0462; FRL–11395– 

01–R7] 

Air Plan Approval; Kansas; Annual 

Emission Inventory and Fees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State Implementation 

Plan (SIP) and Operating Permits 

Program and the 112(l)plan submitted 

by the State of Kansas on February 20, 

2023. The revised Kansas rules update 

the Class I emission fee and emissions 

inventory regulations, establish a Class 

II fee schedule and ensure that Kansas’s 

Operating Permits Program is 

adequately funded. Approval of these 

revisions ensures consistency between 

the State and federally-approved rules 

and does not impact air quality. 

DATES: Comments must be received on 

or before February 14, 2025. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2023–0462 to 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

William Stone, Environmental 

Protection Agency, Region 7 Office, Air 

Permitting and Planning Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 551– 

7714; email address: stone.william@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Written Comments 

II. What is being addressed in this document? 

III. What operating permit plan revisions are 

being proposed by EPA? 

IV. What SIP revisions are being proposed by 

EPA? 

V. Have the requirements for approval of a 

SIP and the operating permit plan 

revisions been met? 

VI. What action is the EPA taking? 

VII. Incorporation by Reference 

VIII. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2023– 

0462, at www.regulations.gov. Once 

submitted, comments cannot be edited 

or removed from Regulations.gov. The 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 


lotter on DSK11XQN23PROD with PROPOSALS1