Proposed Rule2023-14945
Safety Zone; Hurricanes and Tropical Storms in Captain of the Port Zone North Carolina
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a safety zone to be enforced in the event of hurricanes and tropical storms in the Sector North Carolina Captain of the Port (COTP) Zone. This action is necessary to ensure the safety of the waters of the Sector North Carolina COTP Zone. This proposed rulemaking would establish actions to be completed by industry and vessels in the COTP Zone prior to landfall of hurricanes and tropical storms threatening the State of North Carolina. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 134 (Friday, July 14, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45123-45126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14945]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0052]
RIN 1625-AA00
Safety Zone; Hurricanes and Tropical Storms in Captain of the
Port Zone North Carolina
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a safety zone to be
enforced in the event of hurricanes and tropical storms in the Sector
North Carolina Captain of the Port (COTP) Zone. This action is
necessary to ensure the safety of the waters of the Sector North
Carolina COTP Zone. This proposed rulemaking would establish actions to
be completed by industry and vessels in the COTP Zone prior to landfall
of hurricanes and tropical storms threatening the State of North
Carolina.
[[Page 45124]]
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard August 14, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0052 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
proposed rulemaking, call or email Petty Officer Ken Farah, Waterways
Management Division, U.S. Coast Guard; telephone 910-772-2221, email
<a href="/cdn-cgi/l/email-protection#442a272925362d2a212132212a303704313727236a292d28"><span class="__cf_email__" data-cfemail="b1dfd2dcd0c3d8dfd4d4c7d4dfc5c2f1c4c2d2d69fdcd8dd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
North Carolina has the potential to be affected by hurricanes and
tropical storms on a yearly basis, especially between the months of
June and November. The Sector North Carolina Captain of the Port (COTP)
proposes establishing a safety zone to provide for the safety of life
and for the protection of port infrastructure and of the environment
during such storms. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP of Sector North Carolina is proposing to establish a
safety zone to be enforced in case of hurricanes and tropical storms in
North Carolina. This action is necessary to ensure the safety of the
waters of the COTP North Carolina and it would establish actions to be
completed by local industry and vessels in the COTP zone prior to
landfall of hurricanes and tropical storms threatening the State of
North Carolina. The proposed safety zone would consist of all navigable
waters of the United States in the North Carolina COTP Zone, as defined
in 33 CFR 3.25-20. Portions of the safety zone may be activated at
different times, as conditions dictate. The proposed regulatory text
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 Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the necessity to
protect life and port infrastructure during hurricanes and tropical
storms. The scope of the regulation is narrow and will only apply when
a hurricane or tropical storm impacts the navigable waters of the
Sector North Carolina Captain of the Port Zone. These events are
infrequent and of short duration. Regulatory restrictions will be
lifted as soon as practicable following the passage of a named storm.
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 zone 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
[[Page 45125]]
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 a safety
zone that would prohibit entry in certain waters of the North Carolina
COTP Zone for the duration needed to ensure safe transit of vessels and
industry post-hurricane, post-storm, and post-emergency. Normally such
actions are 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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2023-0052 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
List of Subjects in 33 CFR Part 165
Marine safety, Navigation, 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
0
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.
0
2. Add Sec. 165.562 to read as follows:
Sec. 165.562 Safety Zone; Hurricanes and Tropical Storms in Captain
of the Port Zone North Carolina.
(a) Regulated Areas. All navigable waters of the United States
within Sector North Carolina COTP Zone as described in 33 CFR 3.25-20,
during specified port conditions. Port conditions and safety zone
activation may vary for different regions of the regulated area at
different times, based on storm conditions and projected track.
(b) Definitions.
(1) Captain of the Port means the Commander, Coast Guard Sector
North Carolina.
(2) Representative means any Coast Guard commissioned, warrant, or
petty officer or civilian employee who has been authorized to act on
the behalf of the Captain of the Port.
(3) Port Condition WHISKEY means a condition set by the COTP when
National Weather Service (NWS) weather advisories indicate sustained
gale force winds (39-54 mph/34-47 knots) from a tropical or hurricane
force storm are predicted to make landfall at the Port of Wilmington or
Port of Morehead City within 72 hours.
(4) Port Condition X-RAY means a condition set by the COTP when NWS
weather advisories indicate sustained gale force winds (39-54 mph/34-47
knots) from a tropical or hurricane force storm are predicted to make
landfall at the port within 48 hours.
(5) Port Condition YANKEE means a condition set by the COTP when
NWS weather advisories indicate that sustained gale force winds (39-54
mph/34-47 knots) from a tropical or hurricane force storm are predicted
to make landfall at the port within 24 hours.
(6) Port Condition ZULU means a condition set by the COTP when NWS
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) from a tropical or hurricane force storm are predicted to
make landfall at the port within 12 hours.
(7) Port Condition RECOVERY means a condition set by the COTP when
NWS weather advisories indicate that sustained gale force winds (39-54
mph/34-47 knots) from a tropical or hurricane force storm are no longer
predicted for the designated area. This port condition remains in
effect until the regulated areas are deemed safe and reopened to normal
operations.
(c) Regulations.
(1) Port Condition WHISKEY. All vessels must exercise due diligence
in preparation for potential storm impacts. Ports and waterfront
facilities are encouraged to remove all debris and secure potential
flying hazards. All self-propelled oceangoing vessels over 500 gross
tons (GT), all oceangoing tank barges and their supporting tugs, and
all tank barges over 200 GT wishing to remain in port should seek
approval
[[Page 45126]]
from the COTP prior to Port Condition X-Ray.
(2) Port Condition X-RAY. All vessels and port facilities are
encouraged to ensure potential flying debris and hazardous materials
are removed or secured. All self-propelled oceangoing vessels over 500
gross tons (GT), all oceangoing tank barges and their supporting tugs,
and all tank barges over 200 GT without COTP approval to remain in port
must depart prior to the setting of Port Condition Yankee. Vessels with
COTP permission to remain in port must implement their approved mooring
arrangement.
(3) Port Condition YANKEE. Affected ports are closed to all inbound
vessel traffic. All self-propelled oceangoing vessels over 500 gross
tons (GT), all oceangoing tank barges and their supporting tugs, and
all tank barges over 200 GT must have departed designated ports within
the Sector North Carolina COTP zone unless they have received COTP
approval to remain in port.
(4) Port Condition ZULU. Affected ports and waterways are closed to
all vessel traffic unless specifically authorized by the COTP or
representative. Cargo operations are suspended, including bunkering and
lightering. The COTP may grant cargo transfer waivers unless a Cargo of
Particular Hazard or Certain Dangerous Cargo is involved.
(5) Port Condition RECOVERY. Designated areas are closed to all
commercial traffic and recreational vessels 65-feet in length and
greater. Based on assessments of channel conditions, navigability
concerns, and hazards to navigation, the COTP may permit vessel
movements with restrictions. Restrictions may include, but are not
limited to, preventing or delaying vessel movements, imposing draft,
speed, size, horsepower or daylight restrictions, or directing the use
of specific routes. Vessels permitted to transit the regulated area
shall comply with the lawful orders or directions given by the COTP or
designated representative.
(6) Safety Zones Notice. Coast Guard Sector North Carolina will
attempt to notify the maritime community of periods during which these
safety zones will be in effect via Broadcast Notice to Mariners, Marine
Safety Information Broadcast, or by on-scene designated
representatives.
(7) Regulated Area Notice. The Coast Guard will provide notice of
the regulated area via Broadcast Notice to Mariners, Marine Safety
Information Broadcast, or by on-scene designated representatives.
(8) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: June 29, 2023.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-14945 Filed 7-13-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 14, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.