Rule2023-24304
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With High Winds; Captain of the Port Zone Sector Virginia
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
November 3, 2023
Effective
December 4, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a safety zone for the navigable waters of the Sector Virginia Captain of the Port (COTP) Zone, to be enforced in the event of hurricanes, tropical storms, and other storms with high winds. This action is necessary to ensure the safety of the waters of the Sector Virginia COTP Zone. This rule establishes actions to be completed by industry and vessels within the COTP Zone before hurricanes, tropical storms, and other storms with high winds threatening the State of Virginia make landfall, and afterwards as well.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 212 (Friday, November 3, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75495-75498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24304]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0366]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With
High Winds; Captain of the Port Zone Sector Virginia
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for the
navigable waters of the Sector Virginia Captain of the Port (COTP)
Zone, to be enforced in the event of hurricanes, tropical storms, and
other storms with high winds. This action is necessary to ensure the
safety of the waters of the Sector Virginia COTP Zone. This rule
establishes actions to be completed by industry and vessels within the
COTP Zone before hurricanes, tropical storms, and other storms with
high winds threatening the State of Virginia make landfall, and
afterwards as well.
DATES: This rule is effective December 4, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0366 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 LCDR Ashley Holm, Chief Waterways Management Division
U.S. Coast Guard; 757-617-7986, <a href="/cdn-cgi/l/email-protection#b0f1c3d8dcd5c99ef59ef8dfdcddf0c5c3d3d79eddd9dc"><span class="__cf_email__" data-cfemail="0c4d7f64606975224922446360614c797f6f6b22616560">[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 Information and Regulatory History
Virginia has the potential to be affected by hurricanes and
tropical storms on a yearly basis, especially between the months of
June and November. Additionally, severe storms generating high winds
and rough seas are also common in the winter months. In response, on
September 14, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zone; Hurricanes, Tropical Storms,
and other Storms with High Winds; Captain of the Port Zone Virginia''
(88 FR 63042). There, we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this safety zone.
During the comment period that ended October 16, 2023, we received one
comment.
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 Virginia (COTP) has determined
that potential hazards associated with hurricanes, tropical storms, and
other storms pose a safety concern to the maritime community. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after a hurricane,
tropical storm, or other storm.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment that concurred with the
proposed rulemaking on our NPRM published September 14, 2023. The
comment also addressed the need for Coast Guard Sector Virginia to
maintain and update the Port Heavy Weather Plan. The comment is
referring to the Maritime Severe Weather Contingency Plan, which
advises the maritime community of the sequence and timing of COTP
decisions and actions made pursuant to 33 CFR parts 160 and 165 that
may be taken when there is the threat of a hurricane. The Plan also
recommends actions to be taken to minimize storm related deaths,
injury, damage, and threats to the environment. Coast Guard Sector
Virginia will review and update the Maritime Severe Weather Contingency
Plan as necessary to reflect the promulgation of this rule, and to
provide guidance on advisable steps to take in addition to those
required by the rule. Aside from adding the word ``Sector'' to the
title of the regulation to conform to 33 CFR 3.25-10, there are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a safety zone on the navigable waters of the
Sector Virginia COTP Zone during hurricanes, tropical storms, and other
storms with high winds. This safety zone establishes actions to be
completed by local industry and vessels in the COTP zone prior to
landfall of hurricanes, tropical storms, and other storms with high
[[Page 75496]]
winds threatening Virginia and in the aftermath of landfall. Port
Conditions (WHISKEY, X-RAY, YANKEE, ZULU, and RECOVERY) are
standardized terms for states of operation instituted by the COTP which
are clearly communicated to port facilities, vessels, and members of
the Marine Transportation System (MTS).
Ports and waterfront facilities are encouraged to take action when
specific Port Conditions are declared. Under Port Condition WHISKEY,
ports and waterfront facilities should remove all debris and secure
potential flying hazards. Upon a declaration that Port Condition X-RAY
is in effect, port facilities should ensure that potential flying
debris and hazardous materials are removed, and that loose cargo and
cargo equipment is secured. Upon a declaration of Port Condition
YANKEE, terminal operators should terminate all cargo operations not
associated with storm preparations. All facilities should continue to
operate in accordance with approved Facility Security Plans (as defined
at 33 CFR 101.105, and as further described in 33 CFR 105.400 to
105.415), and to comply with all applicable requirements of the
Maritime Transportation Security Act of 2002 (46 U.S.C. chapter 701).
The COTP retains flexibility in controlling and reconstituting
vessel traffic during periods of heavy weather, and it will allow for
the expedited resumption of the MTS following such events. The safety
zone consists of all waters of the territorial seas within the Sector
Virginia COTP Zone, as defined in 33 CFR 3.25-10. Portions of the
safety zone might be activated at different times, as conditions
dictated. Notice of Port Conditions and their requirements will be
given via Marine Safety Information Bulletins and Broadcast Notice to
Mariners. The regulatory text appears at the end of this document.
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.
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 regulated area. This
regulatory action determination is based on the necessity to protect
life, port infrastructure, and the environment during hurricanes,
tropical storms, and other storms with high winds. The scope of the
regulation is narrow and will only apply when a hurricane, tropical
storm, or other storm with high winds impacts the navigable waters of
the Virginia COTP Zone. These events are infrequent and of short
duration. Regulatory restrictions will be lifted as soon as
practicable.
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 received no comments from the Small Business
Administration on this rulemaking. 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 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 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
[[Page 75497]]
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone that prohibits entry in
certain waters of the Sector Virginia COTP Zone for the duration needed
to ensure safe transit of vessels and industry before and after a
hurricane, tropical storm, or other storm with high winds. 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.
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
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. 165.520 to read as follows:
Sec. 165.520 Safety Zone; Hurricanes, Tropical Storms, and other
Storms with High Winds; Captain of the Port Zone Sector Virginia.
(a) Regulated areas. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone Sector Virginia, as described
in 33 CFR 3.25-10, or some portion of those waters, during specified
conditions. Port conditions and safety zone activation may vary for
different portions of the regulated area at different times, based on
storm conditions and its projected track.
(b) Definitions.
Captain of the Port means Commander, Coast Guard Sector Virginia.
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.
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) are predicted to reach the
COTP zone within 72 hours.
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) are predicted to reach the COTP zone within 48 hours.
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) are predicted to reach the COTP zone within 24 hours.
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) are predicted to reach the COTP zone within 12 hours.
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) are no longer predicted for the regulated area. This port
condition remains in effect until the regulated areas are deemed safe
and are reopened to normal operations.
(c) Regulations. (1) Port Condition WHISKEY. All vessels must
exercise due diligence in preparation for potential storm impacts. All
oceangoing tank barges and their supporting tugs and all self-propelled
oceangoing vessels over 500 gross tons (GT) must make plans to depart
no later than setting of Port Condition Yankee unless authorized by the
COTP. The COTP may modify the geographic boundaries of the regulated
area and actions to be taken under Port Condition WHISKEY, based on the
trajectory and forecasted storm conditions.
(2) Port Condition X-RAY. All vessels must ensure that potential
flying debris and hazardous materials are removed, and that loose cargo
and cargo equipment is secured. Vessels at facilities must carefully
monitor their moorings and cargo operations. Additional anchor(s) must
be made ready to let go, and preparations must be made to have a
continuous anchor watch during the storm. Engine(s) must be made
immediately available for maneuvering. Also, vessels must maintain a
continuous listening watch on VHF Channel 16. All oceangoing tank
barges and their supporting tugs and all self-propelled oceangoing
vessels over 500 GT must prepare to depart the port and anchorages
within the affected regulated area. These vessels shall depart
immediately upon the setting of Port Condition YANKEE. During this
condition, slow-moving vessels may be ordered to depart to ensure safe
avoidance of the incoming storm. Vessels that are unable to depart the
port must contact the COTP to receive permission to remain in port.
Vessels with COTP's permission to remain in port must implement their
pre-approved mooring arrangement. The COTP may require additional
precautions to ensure the safety of the ports and waterways. The COTP
may modify the geographic boundaries of the regulated area and actions
to be taken under Port Condition X-RAY based on the trajectory and
forecasted storm conditions.
(3) Port Condition YANKEE. Affected ports are closed to all inbound
vessel traffic. All oceangoing tank barges and their supporting tugs
and all self-propelled oceangoing vessels over 500 GT must have
departed the regulated area. The COTP may require additional
precautions to ensure the safety of the ports and waterways. The COTP
may modify the geographic boundaries of the regulated area and actions
to be taken under Port Condition YANKEE based on the trajectory and
forecasted storm conditions.
(4) Port Condition ZULU. Cargo operations are suspended, except
final preparations that are expressly permitted by the COTP as
necessary to ensure the safety of the ports and facilities. Other than
vessels designated by the COTP, no vessels may enter, transit, move, or
anchor within the regulated area. The COTP may modify the geographic
boundaries of the regulated area and actions to be taken under Port
Condition ZULU based on the trajectory and forecasted storm conditions.
(5) Port Condition RECOVERY. Designated areas are closed to all
vessels. 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
representative.
(6) Regulated Area Notice. The Coast Guard will provide notice of
where, within the regulated area, a declared Port Condition is to be in
effect via Broadcast Notice to Mariners, Marine Safety Information
Bulletins, or by on-scene representatives.
(7) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
[[Page 75498]]
Dated: October 27, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2023-24304 Filed 11-2-23; 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 November 3, 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.