Rule2024-05803
Safety Zone; Storms With High Winds; Sector Maryland-National Capital Region Captain of the Port Zone
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
March 20, 2024
Effective
April 19, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a safety zone for the navigable waters of the Sector Maryland-National Capital Region Captain of the Port (COTP) Zone. It will be enforced, as needed, to ensure the safety of these waters in the event of hurricanes, tropical storms, and other storms with high winds. The rule provides for actions to be completed by industry and vessels within the COTP Zone before and after the landfall of hurricanes, tropical storms, and other severe weather events threatening the State of Maryland.
Full Text
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<title>Federal Register, Volume 89 Issue 55 (Wednesday, March 20, 2024)</title>
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[Federal Register Volume 89, Number 55 (Wednesday, March 20, 2024)]
[Rules and Regulations]
[Pages 19732-19735]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05803]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0834]
RIN 1625-AA00
Safety Zone; Storms With High Winds; Sector Maryland-National
Capital Region Captain of the Port Zone
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the
navigable waters of the Sector Maryland-National Capital Region Captain
of the Port (COTP) Zone. It will be enforced, as needed, to ensure the
safety of these waters in the event of hurricanes, tropical storms, and
other storms with high winds. The rule provides for actions to be
completed by industry and vessels within the COTP Zone before and after
the landfall of hurricanes, tropical storms, and other severe weather
events threatening the State of Maryland.
DATES: This rule is effective April 19, 2024.
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-
2023-0834 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 this
rule, call, or email LCDR Kate Newkirk, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard; telephone 410-365-8141, email
<a href="/cdn-cgi/l/email-protection#c18aa0b5a4ef8cef8fa4b6aaa8b3aa81b4b2a2a6efaca8ad"><span class="__cf_email__" data-cfemail="3a715b4e5f147714745f4d515348517a4f49595d14575356">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
MTS Marine Transportation System
II. Background Information and Regulatory History
Sector Maryland-National Capital Region, whose borders are defined
in 33 CFR 3.25-15, has the potential to be affected by hurricanes and
tropical storms on a yearly basis, especially between the months of
June and
[[Page 19733]]
November. Additionally, severe storms generating high winds and rough
seas are also common in the winter months. On January 18, 2024, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Storms With High Winds; Sector Maryland-National Capital
Region Captain of the Port Zone'' (89 FR 3366). There, we stated why we
had issued the NPRM and we invited comments on our proposed regulatory
action related to this fireworks display. During the comment period
that ended February 20, 2024, we received one comment.
III. Legal Authority and Need for the Rule
As noted above, Maryland is subject to hurricanes and other storms
generating high winds from year to year. This rule is necessary to
protect mariners, port infrastructure, and the environment during and
after these severe weather events. The Coast Guard has authority to
establish this rule under 46 U.S.C. 70034.
IV. Discussion of Comments, Changes, and the Rule
The Coast Guard received one comment expressing concern over
restricting citizens' access to ``high-wind thrill-seeking,'' and
complains of the rule's failure to account for the ``love for riding
unreal waves that only a hurricane's high winds could brew.'' However,
the failure of one mariner to properly secure his boat could result in
the destruction of another mariner's boat or offshore infrastructure,
or in damage to the environment. Further, the commenter does not
explain how we might promote public safety and safeguard the nation's
marine transportation system without putting restrictions on reckless
conduct. The final rule is unchanged from that which we proposed in the
NPRM.
This safety zone provides for 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 winds threatening Maryland-
National Capital Region 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).
Action to be taken by vessels is provided in the language of the
rule available at the end of this document. In addition, ports and
waterfront facilities are encouraged to act when specific Port
Conditions are declared. Under Port Condition WHISKEY, ports and
waterfront facilities shall remove all debris and secure potential
flying hazards. Upon a declaration that Port Condition X-RAY is in
effect, port facilities shall 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 shall continue to operate in
accordance with any approved Facility Security Plans (as defined in 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).
Under the rule, the COTP retains flexibility in controlling and
reconstituting vessel traffic during periods of heavy weather and
allows for the expedited resumption of the MTS following such events.
The safety zone consists of all waters of the territorial seas within
the Sector Maryland-National Capital Region COTP Zone, as defined in 33
CFR 3.25-15. Portions of the safety zone might be activated at
different times, as conditions dictate. Notice of Port Conditions and
their requirements will be given via Marine Safety Information
Bulletins (MSIBs) and Broadcast Notice to Mariners (BNMs). 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, 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 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 Maryland-National Capital Region 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 certifies under 5 U.S.C. 605(b) that this rule
does 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 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. 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.
The Coast Guard did not receive any comments from the Small
Business Administration on this rulemaking.
C. Collection of Information
This 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
[[Page 19734]]
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. If
you believe this 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 rule would not result
in such an expenditure, we do discuss the potential 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 involves a
safety zone that would prohibit entry in certain waters of the Sector
Maryland-National Capital Region 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.
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.
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. 165.521 to read as follows:
Sec. 165.521 Safety Zone[s] Hurricanes, Tropical Storms, and other
Storms with High Winds; Captain of the Port Zone Maryland-National
Capital Region.
(a) Regulated Areas: The following area is a safety zone: All
navigable waters, as defined in 33 CFR 2.36 within the Captain of the
Port Zone (COTP) Maryland-National Capital Region, as described in 33
CFR 3.25-15, 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. As used in this section--
Captain of the Port means Commander, Coast Guard Sector Maryland
National Capital Region.
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. Also,
vessels must maintain a continuous listening watch on VHF Channel 16.
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. 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. 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. All oceangoing tank barges and their supporting tugs
and all self-propelled oceangoing vessels over 500 GT that are unable
to depart or desire to remain in 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
[[Page 19735]]
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 and waterways 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 or received permission to remain
in port. 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, 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) Notification. 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.
Dated: March 14, 2024.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2024-05803 Filed 3-19-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 20, 2024.
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.