[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Rules and Regulations]
[Pages 80132-80134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25461]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0052]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With
High Winds; Captain of the Port Zone Sector North Carolina
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing 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 rule establishes 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.
DATES: This rule is effective December 18, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0052 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 Petty Officer Ken Farah, Waterways Management Division,
U.S. Coast Guard; telephone 910-772-2221, email
[email protected].
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
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)
proposed 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. In response, on July 14, 2023, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled ``Safety Zone;
Hurricanes and Tropical Storms in Captain of the Port Zone North
Carolina'' (88 FR 45123). 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 August 14, 2023, we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP of Sector North Carolina has determined that the
establishment of a safety zone to be enforced in case of hurricanes and
heavy weather in North Carolina is necessary to ensure the safety of
the waters of the COTP Zone Sector North Carolina. This safety zone
establishes actions to be completed by local industry and vessels in
the COTP zone prior to landfall of hurricanes and heavy weather
threatening the State of North Carolina. The safety zone consists of
all navigable waters of the United States in the Sector 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published July
14, 2023. While there were no comments to the proposed rule, the
following change was made to this rule. The name of the rule was
changed to ``Safety Zone; Hurricanes and Heavy Weather in Captain of
the Port Zone Sector North Carolina'' in order to harmonize this to
similar rules within U.S. Coast Guard District 5. There are no changes
in the regulatory text of this rule from the proposed rule in the NPRM.
This action is necessary to ensure the safety of the waters of the
COTP Zone Sector North Carolina as it establishes 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. This safety zone consists of all navigable waters of
the United States in the Sector 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
[[Page 80133]]
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 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 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 relatively 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 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 prohibits entry in certain waters of the Sector North
Carolina COTP Zone for the duration needed to ensure safe transit of
vessels and industry post-hurricane, post-storm, and post-emergency. 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
Marine safety, Navigation, 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. 165.562 to read as follows:
Sec. 165.562 Safety Zone; Hurricanes, Tropical Storms, and other
Storms with High Winds; Captain of the Port Zone Sector North Carolina.
(a) Regulated Areas. All navigable waters of the United States
within
[[Page 80134]]
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 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.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-25461 Filed 11-16-23; 8:45 am]
BILLING CODE 9110-04-P