Safety Zone; Hurricanes, Tropical Storms and Other Disasters in Southeast Texas and Southwest Louisiana, 34797-34800 [2023-11481]
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Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 600–0780,
dated December 29, 2022.
(ii) Bombardier Service Bulletin 601–1112,
Revision 01, dated February 23, 2023.
(iii) Bombardier Service Bulletin 604–27–
040, dated December 29, 2022.
(iv) Bombardier Service Bulletin 605–27–
011, dated December 29, 2022.
(v) Bombardier Service Bulletin 650–27–
004, dated December 29, 2022.
(3) For service information identified in
this AD, contact Bombardier Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email
ac.yul@aero.bombardier.com; website
bombardier.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
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availability of this material at the FAA, call
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(5) You may view this service information
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Issued on May 24, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–11439 Filed 5–30–23; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 1
[File No. R307002]
Petition for Rulemaking of National
Association of Consumer Advocates,
Consumer Federation of America,
Center for Responsible Lending,
Consumers for Auto Reliability and
Safety, National Consumer Law Center,
and U.S. PIRG
Federal Trade Commission.
Petition for rulemaking; request
for comment.
AGENCY:
ACTION:
Please take notice that the
Federal Trade Commission
(‘‘Commission’’) received a petition for
rulemaking from the National
Association of Consumer Advocates,
Consumer Federation of America,
Center for Responsible Lending,
Consumers for Auto Reliability and
Safety, National Consumer Law Center,
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SUMMARY:
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and U.S. PIRG, and has published that
petition online at https://
www.regulations.gov. The Commission
invites written comments concerning
the petition. Publication of this petition
is pursuant to the Commission’s Rules
of Practice and Procedure and does not
affect the legal status of the petition or
its final disposition.
DATES: Comments must identify the
petition docket number and be filed by
June 30, 2023.
ADDRESSES: You may view the petition,
identified by docket number FTC–2023–
0035, and submit written comments
concerning its merits by using the
Federal eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit sensitive or confidential
information. You may read background
documents or comments received at
https://www.regulations.gov at any time.
FOR FURTHER INFORMATION CONTACT:
Daniel Freer, Office of the Secretary,
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580, dfreer@ftc.gov, (202) 326–
2663.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 18(a)(1)(B) of the Federal
Trade Commission Act, 15 U.S.C.
57a(1)(B), and FTC Rule 1.31(f), 16 CFR
1.31(f), notice is hereby given that the
above-captioned petition has been filed
with the Secretary of the Commission
and has been placed on the public
record for a period of thirty (30) days.
Any person may submit comments in
support of or in opposition to the
petition. All timely and responsive
comments submitted in connection with
this petition will become part of the
public record. The Commission will not
consider the petition’s merits until after
the comment period closes.
Because your comment will be placed
on the publicly accessible website at
https://www.regulations.gov, you are
solely responsible for making sure your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’s Social Security number; date of
birth; driver’s license number or other
state identification number, or foreign
country equivalent; passport number;
financial account number; or credit or
debit card number. You are also solely
responsible for making sure your
comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
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commercial or financial information
which . . . is privileged or
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5
U.S.C. 601 note.
April J. Tabor,
Secretary.
[FR Doc. 2023–11445 Filed 5–30–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0380]
RIN 1625–AA00
Safety Zone; Hurricanes, Tropical
Storms and Other Disasters in
Southeast Texas and Southwest
Louisiana
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a permanent safety zone to
be enforced in the event of hurricanes,
tropical storms, and other disasters in
southeast Texas and southwest
Louisiana. This action is necessary to
ensure the safety of the waters of the
Port Arthur Captain of the Port (COTP)
zone Port Arthur, TX. This proposed
rulemaking would establish actions to
be completed by industry and vessels in
the COTP zone prior to landfall of
hurricanes, tropical storms, and other
disasters threatening Port Arthur, TX.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 15, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0380 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. Scott
Whalen, Marine Safety Unit Port Arthur,
U.S. Coast Guard; telephone 409–719–
5086, email douglas.g.hendrix2@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Southeast Texas and southwest
Louisiana has the potential to be
affected by hurricanes, tropical storms
and other disasters on a yearly basis,
especially between the months of June
and November. The Captain of the Port
(COTP) Port Arthur proposes
establishing a safety zone to provide for
the safety of life during and subsequent
to such storms.
The purpose of this rulemaking is to
protect mariners, port infrastructure and
the environment during and after
extreme weather and other natural
disasters. The Coast Guard is proposing
this rulemaking under the authority in
46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP Port Arthur is proposing to
establish a safety zone to be enforced in
case of hurricanes, tropical storms, and
other disasters in southeast Texas and
southwest Louisiana. This action is
necessary to ensure the safety of the
waters of the COTP Port Arthur zone.
This proposed rule would establish
actions to be completed by local
industry and vessels in the COTP zone
prior to landfall of hurricanes, tropical
storms, and other disasters threatening
the COTP zone. The proposed safety
zone would consist of all navigable
waters of the Port Arthur COTP zone, as
prescribed in 33 CFR 3.40–25(b). The
regulatory text we are proposing appears
at the end of this document.
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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,
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the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
We expect the economic impact of
this rule to be non-significant for the
following reasons: (1) Vessel traffic and
facilities would be impacted by this rule
only during limited times while heavy
weather or other disaster is expected to
impact the Port Arthur COTP zone; (2)
vessel traffic would be secured only
during port conditions Yankee, Zulu,
and Recovery and only in port areas
potentially affected by gale force winds;
and (3) the Coast Guard would issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the safety
zone, and this rule would allow vessels
to seek permission to remain in port.
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.
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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
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
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Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules
the human environment. This proposed
rule involves a safety zone that would
prohibit entry in certain waters of the
Port Arthur 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.
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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
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG- 2023–0380 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 https://
www.regulations.gov, 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
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comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov 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 https://www.regulations.gov 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
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 6 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.
2. Add new § 165.804 to read as
follows:
■
§ 165.804 Safety Zone; Hurricanes,
Tropical Storms and Other Disasters in
Southeast Texas and Southwest Louisiana.
(a) Regulated Areas. All navigable
waters within the Port Arthur Captain of
the Port (COTP) Zone, MSU Port Arthur,
TX, as described in 33 CFR 3.40–28(b),
during specified conditions.
(b) Definitions.
(1) Designated Representative means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the COTP Port Arthur, in the
enforcement of the regulated areas.
(2) Port Condition WHISKEY means a
condition set by the COTP when
weather advisories indicate sustained
gale force winds (39–54 mph/34–47
knots) from a tropical or hurricane force
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storm are predicted to make landfall at
the port within 72 hours.
(3) Port Condition X–RAY means a
condition set by the COTP when
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.
(4) Port Condition YANKEE means a
condition set by the COTP when
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.
(5) Port Condition ZULU means a
condition set by the COTP when
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.
(6) Port Condition RECOVERY means
the condition set when weather
advisories indicate that sustained gale
force winds from a tropical hurricane
force storm are no longer predicted for
the designated area. This port condition
remains in effect until the regulated
areas are safe and reopened to normal
operations.
(c) Regulations.
(1) Port Condition WHISKEY. All
vessel and port facilities must exercise
due diligence in preparation for
potential storm impacts. Ports and
waterfront facilities must begin
removing all debris and securing
potential flying hazards. Oceangoing
vessels 500 gross tons (GT) and above
must make plans to depart no later than
the setting of Port Condition Yankee
unless authorized by the COTP. Vessels
wishing to remain in port are required
to submit a Notice of Intent to Remain
In Port to the COTP prior to setting Port
Condition X–Ray.
(2) Port Condition X–RAY. All vessels
and port facilities must ensure that
potential flying debris is removed or
secured. Hazardous materials/pollution
hazards must be secured in a safe
manner and away from waterfront areas.
Vessels over 500GT without an approval
to remain in port must depart prior to
the setting of Port Condition YANKEE.
Vessels with the COTP’s permission to
remain in port must implement their
pre-approved mooring arrangement.
Terminal operators must prepare to
terminate all cargo operations. The
COTP may require additional
precautions to ensure the safety of the
ports and waterways.
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Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules
(3) Port Condition YANKEE. Affected
ports are closed to inbound vessel
traffic. All oceangoing vessels greater
than 500 Gross Tons must depart
designated ports prior to the setting of
Port Condition ZULU. Terminal
operators must terminate all cargo
operations not associated with storm
preparations. Cargo operations
associated with storm preparations
include moving cargo within or off the
port for securing purposes, port/facility
equipment preparations, and similar
activities, but do not include moving
cargo onto the port or vessel loading/
discharging operations unless
specifically authorized by the COTP. All
facilities must continue to operate in
accordance with approved Facility
Security Plans and comply with the
requirements of the Maritime
Transportation Security Act.
(4) Port Condition ZULU. Designated
areas are closed to all vessel traffic
except those specifically authorized by
the COTP. Cargo operations are
suspended, including bunkering and
lightering. Waivers may be granted
unless 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 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. The Coast
Guard COTP will notify the maritime
community of periods during which
these safety zones will be in effect via
Broadcast Notice to Mariners and
Marine Safety Information Bulletin 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
Bulletin or by on-scene designated
representatives.
(8) Exception. This regulation does
not apply to authorized law
enforcement agencies operating within
the regulated area.
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Dated: May 24, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
[FR Doc. 2023–11481 Filed 5–30–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2023–0053;
FF09E21000 FXES1111090FEDR 234]
RIN 1018–BG55
Endangered and Threatened Wildlife
and Plants; Endangered Species
Status for Sira Curassow and Southern
Helmeted Curassow
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the Sira curassow (Pauxi koepckeae)
and southern helmeted curassow (Pauxi
unicornis), two bird species from South
America, as endangered species under
the Endangered Species Act of 1973, as
amended (Act). If we finalize this rule
as proposed, it would add these species
to the List of Endangered and
Threatened Wildlife and extend the
Act’s protections to these species.
DATES: We will accept comments
received or postmarked on or before July
31, 2023. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
eastern time on the closing date. We
must receive requests for a public
hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by July 17, 2023.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–HQ–ES–2023–0053, which
is the docket number for this
rulemaking. Then, click on the Search
button. On the resulting page, in the
panel on the left side of the screen,
under the Document Type heading,
check the Proposed Rule box to locate
this document. You may submit a
comment by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–HQ–ES–2023–0053, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
SUMMARY:
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Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Availability of supporting materials:
Supporting materials, such as the
species status assessment report, are
available at https://www.regulations.gov
at Docket No. FWS–HQ–ES–2023–0053.
FOR FURTHER INFORMATION CONTACT:
Rachel London, Chief, Branch of
Delisting and Foreign Species,
Ecological Services Program, U.S. Fish
and Wildlife Service, MS: ES, 5275
Leesburg Pike, Falls Church, VA 22041–
3803; telephone 703–358–2171.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other governmental
agencies, Native American Tribes, the
scientific community, industry, or any
other interested parties concerning this
proposed rule. We particularly seek
comments concerning:
(1) The species’ biology, range, and
population trends, including:
(a) Biological or ecological
requirements of the species, including
habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns and the
locations of any populations of these
species;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, their habitats,
or both.
(2) Threats and conservation actions
affecting the species, including:
(a) Factors that may be affecting the
continued existence of the species,
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]]>Agencies
[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Proposed Rules]
[Pages 34797-34800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11481]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0380]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms and Other Disasters in
Southeast Texas and Southwest Louisiana
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a permanent safety
zone to be enforced in the event of hurricanes, tropical storms, and
other disasters in southeast Texas and southwest Louisiana. This action
is necessary to ensure the safety of the waters of the Port Arthur
Captain of the Port (COTP) zone Port Arthur, TX. This proposed
rulemaking would establish actions to be completed by industry and
vessels in the COTP zone prior to landfall of hurricanes, tropical
storms, and other disasters threatening Port Arthur, TX. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0380 using the Federal Decision-Making Portal at https://www.regulations.gov. 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 Mr. Scott Whalen, Marine Safety Unit
Port Arthur, U.S. Coast Guard; telephone 409-719-5086, email
[email protected].
[[Page 34798]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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
Southeast Texas and southwest Louisiana has the potential to be
affected by hurricanes, tropical storms and other disasters on a yearly
basis, especially between the months of June and November. The Captain
of the Port (COTP) Port Arthur proposes establishing a safety zone to
provide for the safety of life during and subsequent to such storms.
The purpose of this rulemaking is to protect mariners, port
infrastructure and the environment during and after extreme weather and
other natural disasters. The Coast Guard is proposing this rulemaking
under the authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP Port Arthur is proposing to establish a safety zone to be
enforced in case of hurricanes, tropical storms, and other disasters in
southeast Texas and southwest Louisiana. This action is necessary to
ensure the safety of the waters of the COTP Port Arthur zone. This
proposed rule would establish actions to be completed by local industry
and vessels in the COTP zone prior to landfall of hurricanes, tropical
storms, and other disasters threatening the COTP zone. The proposed
safety zone would consist of all navigable waters of the Port Arthur
COTP zone, as prescribed in 33 CFR 3.40-25(b). The regulatory text we
are proposing 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).
We expect the economic impact of this rule to be non-significant
for the following reasons: (1) Vessel traffic and facilities would be
impacted by this rule only during limited times while heavy weather or
other disaster is expected to impact the Port Arthur COTP zone; (2)
vessel traffic would be secured only during port conditions Yankee,
Zulu, and Recovery and only in port areas potentially affected by gale
force winds; and (3) the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the safety zone, and this
rule would allow vessels to seek permission to remain in port.
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 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
[[Page 34799]]
the human environment. This proposed rule involves a safety zone that
would prohibit entry in certain waters of the Port Arthur 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 https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG- 2023-0380 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 https://www.regulations.gov, 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 https://www.regulations.gov 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 https://www.regulations.gov 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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, 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: 6 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 new Sec. 165.804 to read as follows:
Sec. 165.804 Safety Zone; Hurricanes, Tropical Storms and Other
Disasters in Southeast Texas and Southwest Louisiana.
(a) Regulated Areas. All navigable waters within the Port Arthur
Captain of the Port (COTP) Zone, MSU Port Arthur, TX, as described in
33 CFR 3.40-28(b), during specified conditions.
(b) Definitions.
(1) Designated Representative means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty officers, and other officers
operating Coast Guard vessels, and Federal, state, and local officers
designated by or assisting the COTP Port Arthur, in the enforcement of
the regulated areas.
(2) Port Condition WHISKEY means a condition set by the COTP when
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 72 hours.
(3) Port Condition X-RAY means a condition set by the COTP when
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.
(4) Port Condition YANKEE means a condition set by the COTP when
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.
(5) Port Condition ZULU means a condition set by the COTP when
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.
(6) Port Condition RECOVERY means the condition set when weather
advisories indicate that sustained gale force winds from a tropical
hurricane force storm are no longer predicted for the designated area.
This port condition remains in effect until the regulated areas are
safe and reopened to normal operations.
(c) Regulations.
(1) Port Condition WHISKEY. All vessel and port facilities must
exercise due diligence in preparation for potential storm impacts.
Ports and waterfront facilities must begin removing all debris and
securing potential flying hazards. Oceangoing vessels 500 gross tons
(GT) and above must make plans to depart no later than the setting of
Port Condition Yankee unless authorized by the COTP. Vessels wishing to
remain in port are required to submit a Notice of Intent to Remain In
Port to the COTP prior to setting Port Condition X-Ray.
(2) Port Condition X-RAY. All vessels and port facilities must
ensure that potential flying debris is removed or secured. Hazardous
materials/pollution hazards must be secured in a safe manner and away
from waterfront areas. Vessels over 500GT without an approval to remain
in port must depart prior to the setting of Port Condition YANKEE.
Vessels with the COTP's permission to remain in port must implement
their pre-approved mooring arrangement. Terminal operators must prepare
to terminate all cargo operations. The COTP may require additional
precautions to ensure the safety of the ports and waterways.
[[Page 34800]]
(3) Port Condition YANKEE. Affected ports are closed to inbound
vessel traffic. All oceangoing vessels greater than 500 Gross Tons must
depart designated ports prior to the setting of Port Condition ZULU.
Terminal operators must terminate all cargo operations not associated
with storm preparations. Cargo operations associated with storm
preparations include moving cargo within or off the port for securing
purposes, port/facility equipment preparations, and similar activities,
but do not include moving cargo onto the port or vessel loading/
discharging operations unless specifically authorized by the COTP. All
facilities must continue to operate in accordance with approved
Facility Security Plans and comply with the requirements of the
Maritime Transportation Security Act.
(4) Port Condition ZULU. Designated areas are closed to all vessel
traffic except those specifically authorized by the COTP. Cargo
operations are suspended, including bunkering and lightering. Waivers
may be granted unless 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 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. The Coast Guard COTP will notify the
maritime community of periods during which these safety zones will be
in effect via Broadcast Notice to Mariners and Marine Safety
Information Bulletin 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 Bulletin or by on-scene designated representatives.
(8) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: May 24, 2023.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2023-11481 Filed 5-30-23; 8:45 am]
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