Rule2024-20391
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With High Winds; Captain of the Port Zone Sector Delaware Bay
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Published
September 10, 2024
Effective
October 10, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a safety zone for the navigable waters of the Sector Delaware Bay 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 Delaware Bay COTP Zone. It would establish actions to be completed by industry and vessels within the COTP Zone before and after hurricanes, tropical storms, and other storms with high winds threatening the States of Delaware, New Jersey, and Pennsylvania make landfall.
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<title>Federal Register, Volume 89 Issue 175 (Tuesday, September 10, 2024)</title>
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[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Rules and Regulations]
[Pages 73291-73293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20391]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0251]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With
High Winds; Captain of the Port Zone Sector Delaware Bay
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the
navigable waters of the Sector Delaware Bay 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 Delaware Bay COTP Zone. It would
establish actions to be completed by industry and vessels within the
COTP Zone before and after hurricanes, tropical storms, and other
storms with high winds threatening the States of Delaware, New Jersey,
and Pennsylvania make landfall.
DATES: This rule is effective October 10, 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-
2024-0251 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
proposed rulemaking, call or email LCDR Owen Mims, Chief Waterways
Management Division, U.S. Coast Guard; 215-271-4814,
<a href="/cdn-cgi/l/email-protection#d182b4b295b4bd93b0a886869c91a4a2b2b6ffbcb8bd"><span class="__cf_email__" data-cfemail="3b685e587f5e57795a426c6c767b4e48585c15565257">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MTS Marine Transportation System
NPRM Notice of proposed rulemaking
NWS National Weather Service
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Delaware, New Jersey, and Pennsylvania have 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. On May 28, 2024, 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
Sector Delaware Bay (89 FR 46043). 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 June 27, 2024,
we received two comments.
III. Legal Authority and Need for Rule
As noted above, Delaware, New Jersey, and Pennsylvania are 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 is issuing this rule under authority in 46 U.S.C. 70034.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published May
28, 2024. One comment expressed support for the rule and did not
recommend any changes. The other did not address the subject matter of
the rule. We are finalizing the regulatory text of this rule without
changes from the text proposed in the NPRM.
This rule establishes a safety zone on the navigable waters of the
Sector Delaware Bay COTP Zone during hurricanes, tropical storms, and
other storms with high winds. This safety zone provides for actions to
be completed by local industry and vessels in the COTP zone prior to
and after landfall of hurricanes, tropical storms, and other storms
with high winds threatening the States of Delaware, New Jersey, and
Pennsylvania. Port Conditions (WHISKEY, X-RAY, YANKEE, ZULU, and
RECOVERY) are standardized Coast Guard terms within the Coast Guard's
Atlantic Area for states of operation declared by the COTP and
communicated to port facilities, vessels, and members of the Marine
Transportation System (MTS). Notice of Port Conditions and their
requirements will be given via Marine Safety Information Bulletins and
Broadcast Notice to Mariners.
Actions to be taken by vessels are provided in the language of the
rule. In addition, ports and waterfront facilities are encouraged to
act when specific Port Conditions are declared. Under Port Condition
WHISKEY, all ports and waterfront facilities shall remove all potential
flying debris and secure potential flying hazards. Upon declaration of
Port Condition X-RAY, all ports and waterfront facilities shall ensure
that all requirements under Port Condition WHISKEY are implemented in
addition to the removal of all hazardous materials, and securing all
loose cargo, and cargo equipment. Upon a declaration of Port Condition
YANKEE, all ports and waterfront facilities should ensure that all
requirements under Port Condition X-RAY are implemented, and terminal
operators shall cease all cargo operations not associated with storm
preparations.
Under the rule, the COTP retains flexibility in exercising control
over vessel traffic during periods of heavy weather, and the rule
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 Delaware Bay COTP Zone, as defined in 33 CFR 3.25-05.
Portions of the safety zone might be activated at different times, as
conditions dictated. 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
[[Page 73292]]
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 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 Sector Delaware Bay 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 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.
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 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
Delaware Bay 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. 165.522 to read as follows:
Sec. 165.522 Safety Zone; Hurricanes, Tropical Storms, and other
Storms with High Winds; Captain of the Port Zone Sector Delaware Bay.
(a) Regulated areas. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone (COTP), Sector Delaware Bay,
as described in 33 CFR 3.25-05, or some portion of those waters, as
specified and communicated under paragraph (c)(6) of this section. Port
conditions and safety zone activation may vary for different portions
of the COTP Zone at different times, based on storm conditions and its
projected track.
[[Page 73293]]
(b) Definitions--(1) Captain of the Port means Commander, Coast
Guard Sector Delaware Bay.
(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) are predicted to reach the
COTP Zone 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) are predicted to reach the COTP zone 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) are predicted to reach the COTP zone 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) are predicted to reach the COTP zone 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) 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 depart 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 within the Delaware Bay
COTP Zone and actions to be taken under Port Condition YANKEE based on
the trajectory and forecasted storm conditions.
(4) Port Condition ZULU. When Port Condition ZULU is declared,
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. The COTP Zone, or portions of it
designated as regulated 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, via
Broadcast Notice to Mariners, Marine Safety Information Bulletins, or
by on-scene representatives, of where, within the COTP Zone, a declared
Port Condition is to be in effect.
(7) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: Sept. 3, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-20391 Filed 9-9-24; 8:45 am]
BILLING CODE 9110-04-P
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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.