FR 2024-29510

The document details a temporary rule enacted by the Coast Guard, part of the Department of Homeland Security. This rule establishes a safety zone on Lake Erie in the vicinity of the Avon Lake Power Plant in Ohio. The rule is prompted by demolition activities at the power plant, which create potential hazards for personnel, vessels, and the environment. The safety zone covers a 750-yard radius around the plant and is enforced on December 19, 2024, with a backup date of December 20, 2024, should poor weather conditions occur on the original date. Access to this zone is restricted and requires authorization from the Captain of the Port or a designated representative, ensuring that only approved personnel and vessels may enter.

Significant Issues and Concerns

A key concern with this document is the lack of prior notice and opportunity for public comment, which typically accompany such federal regulatory actions. This exception was made due to limited advance notice from the contractors involved in the demolition. While this emergency measure aims to ensure safety quickly, it poses challenges regarding transparency and public engagement.

Another issue is the short period between the rule’s publication and its effective date, which might not provide stakeholders adequate time to prepare. This expedited timeline could lead to confusion or non-compliance from individuals or organizations potentially impacted by the rule.

The backup enforcement date description—"December 19, 2024, from 5:00 a.m. to 5:30 p.m. with a backup date of December 20, 2024, from 5:00 a.m. to 5:30 p.m."—could be simplified for clarity. Moreover, the use of technical terms and citations without further explanation might make the document less accessible to non-expert readers.

Broad Public Impact

The rule primarily affects those operating vessels on Lake Erie near the Avon Lake Power Plant. Recreational boaters and commercial operators in this area will need to adhere to the access restrictions, which may disrupt their usual activities. For the general public, particularly local residents, the rule serves as a precautionary measure which is necessary for ensuring safety during the demolition activities.

Impact on Specific Stakeholders

The rule also has implications for small entities such as local businesses and organizations dependent on waterway access. Although the document claims an insignificant economic impact on these small entrepreneurs, there’s limited guidance provided on how these stakeholders might adjust to the new restrictions.

Additionally, while the document states vessels may still transit through the area with permission, it does not give an extensive public awareness campaign regarding the new restrictions or how vessel operators could efficiently obtain permission.

Despite these issues, the rule highlights the Coast Guard's commitment to protecting both human and environmental safety in the Avon Lake area. While this swift action limits engagement with the public, it seeks to address urgent safety concerns effectively.

The Federal Register document includes a notable mention of financial implications under the Unfunded Mandates Reform Act of 1995. It specifies that federal agencies must evaluate actions that could lead to expenditures by state, local, or tribal governments, or by the private sector, amounting to $100,000,000 or more in a single year, adjusted for inflation. The document clarifies that while this rule does not reach such a financial impact threshold, it undergoes a regulatory review to ensure the effects of lesser financial burdens are considered.

Financial Context and Analysis

Financial references in the document are primarily concerned with ensuring compliance with the Unfunded Mandates Reform Act. This act requires that any federal action expected to cause significant economic burdens—defined as $100,000,000 or more—to be carefully reviewed. The rule concerning the safety zone around the Avon Lake Power Plant demolition does not trigger these financial thresholds, indicating a relatively low economic impact from this regulation.

Financial Implications Related to Issues

One of the issues identified in the document is the expedited nature of the rule's implementation, which occurs with less than 30 days of notice. While no direct financial allocations are involved, this accelerated timeline might require stakeholders to quickly adapt, potentially incurring unforeseen expenses. Small entities, though assured of insignificant economic impact, might still face minor financial burdens due to the swift implementation of this safety zone.

Moreover, as the document outlines, the absence of explicit guidance for small entities possibly incurs compliance costs. Although not reaching the $100,000,000 limit, there may still be minor financial implications for these entities on a smaller scale. The expedited timeframe, in the presence of inadequate notice and detailed guidance, underscores the need for effective public awareness to mitigate any unexpected expenditures.

In summary, while the document does not necessitate significant financial oversight under federal mandates, there remains potential for smaller, albeit controlled, financial impacts on local stakeholders, particularly regarding compliance and awareness efforts related to the safety zone's enforcement.