Safety Zone; Hurricanes and Tropical Storms in Captain of the Port Zone North Carolina, 45123-45126 [2023-14945]
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Bombardier, Inc.: Docket No. FAA–2023–
1493; Project Identifier MCAI–2022–
01105–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by August 28,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model BD–700–2A12 airplanes, certificated
in any category, serial numbers 70006
through 70129 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code: 27, Flight controls.
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(e) Unsafe Condition
This AD was prompted by a report that
some of the multi-function spoiler (MFS)
anti-rotation plates failed in-service due to a
thin wall design. The FAA is issuing this AD
to address MFS anti-rotation plate failures.
The unsafe condition, if not addressed, could
result in wear and failure of the inboard and
outboard spoiler hinge pins, possibly
resulting in a hinge no longer supporting the
load, or unintended asymmetrical spoiler
deployment, leading to reduced
controllability of the airplane, or loss of
control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Replacement and Inspection
(1) Within 36 months after the effective
date of this AD, replace the left and right
MFS No. 1, MFS No. 2, and MFS No. 3 antirotation plate part number (P/N) G05770140–
103 and P/N G05770160–101 with P/N
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G05770140–105, including inspecting the
MFS anti-rotation plates for any cracking and
the hinge bolts for any evidence of rotation,
in accordance with the Part 2.B. of the
Accomplishment Instructions of Bombardier
Service Bulletin 700–27–7504, Revision 01,
dated July 11, 2022. If any cracking or
evidence of rotation is found, before further
flight, repair using a method approved in
accordance with the procedures specified in
paragraph (i)(1) of this AD.
(2) Before further flight after accomplishing
the actions specified in paragraph (g)(1) of
this AD: Perform a functional test (stop-tostop check) of the multi-function spoiler
control-surfaces in accordance with the Step
2.C. (3) of the Accomplishment Instructions
of Bombardier Service Bulletin 700–27–7504,
Revision 01, dated July 11, 2022.
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Bombardier Service
Bulletin 700–27–7504, dated March 2, 2022.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the New York ACO Branch,
mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (j)(2) of this AD or
email to: 9-avs-nyaco-cos@faa.gov. If mailing
information, also submit information by
email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada or Bombardier,
Inc.’s Transport Canada Design Approval
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.
(j) Additional Information
(1) Refer to Transport Canada AD CF–
2022–47R1, dated October 11, 2022, for
related information. This Transport Canada
AD may be found in the AD docket at
regulations.gov under Docket No. FAA–
2023–1493.
(2) For more information about this AD,
contact Yaser Osman, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
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45123
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(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 700–27–
7504, Revision 01, dated July 11, 2022.
(ii) [Reserved]
(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,
Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–14879 Filed 7–13–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0052]
RIN 1625–AA00
Safety Zone; Hurricanes and Tropical
Storms in Captain of the Port Zone
North Carolina
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish 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 proposed
rulemaking would establish 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.
SUMMARY:
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard
August 14, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0052 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.
If
you have questions about this proposed
rulemaking, call or email Petty Officer
Ken Farah, Waterways Management
Division, U.S. Coast Guard; telephone
910–772–2221, email ncmarineevents@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
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) proposes
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. The
Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
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III. Discussion of Proposed Rule
The COTP of Sector North Carolina is
proposing to establish a safety zone to
be enforced in case of hurricanes and
tropical storms in North Carolina. This
action is necessary to ensure the safety
of the waters of the COTP North
Carolina and it would establish 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. The proposed safety zone
would consist of all navigable waters of
the United States in the 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. The proposed
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regulatory text 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).
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 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 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
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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
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
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
the human environment. This proposed
rule involves a safety zone that would
prohibit entry in certain waters of the
North Carolina 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
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https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0052 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
Marine safety, Navigation, 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: 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.
■
2. Add § 165.562 to read as follows:
§ 165.562 Safety Zone; Hurricanes and
Tropical Storms in Captain of the Port Zone
North Carolina.
(a) Regulated Areas. All navigable
waters of the United States within
Sector North Carolina COTP Zone as
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45125
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 selfpropelled 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
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Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules
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.
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(8) Exception. This regulation does
not apply to authorized law
enforcement agencies operating within
the regulated area.
Dated: June 29, 2023.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the
Port, Sector North Carolina.
[FR Doc. 2023–14945 Filed 7–13–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 419
Medicare Program; Hospital Outpatient
Prospective Payment System: Remedy
for the 340B-Acquired Drug Payment
Policy for Calendar Years 2018–2022
Correction
In proposed rule document 2023–
14623 beginning on page 44078 in the
issue of Tuesday, July 11, 2023, make
the following correction:
On page 44078, in the first column, in
the fourth line of the DATES section,
‘‘September 11, 2023’’ should read
‘‘September 5, 2023’’.
[FR Doc. C1–2023–14623 Filed 7–13–23; 8:45 am]
BILLING CODE 0099–10–D
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 23–591; MB Docket No. 23–209; RM–
11951; FR ID 154744]
Radio Broadcasting Services; Lihue,
Hawaii
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This document requests
comments on a petition for rule making
filed by SSR Communications, Inc.,
proposing to amend the FM Table of
Allotments, by allotting Channel 292A
at Lihue, Hawaii, as the community’s
sixth local service. A staff engineering
analysis indicates that Channel 292A
can be allotted to Lihue, Hawaii,
consistent with the minimum distance
separation requirements of the
Commission’s rules, with a site
restriction of 2.5 km (1.6 miles) north of
SUMMARY:
Fmt 4702
Secretary, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve the
petitioner and its counsel as follows:
MATTHEW K. WESOLOWSKI, CEO,
SSR COMMUNICATIONS, INC., 740
HIGHWAY 49 NORTH, SUITE R,
FLORA, MS 39071.
ADDRESSES:
Rolanda F. Smith, Media Bureau, (202)
418–2054.
RIN 0938–AV18
Frm 00027
Comments must be filed on or
before August 28, 2023, and reply
comments on or before September 12,
2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
[CMS–1793–P]
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the community. The reference
coordinates are 22–00–00 NL and 159–
21–00 WL.
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This is a
synopsis of the Federal
Communications Commission’s
(Commission) Notice of Proposed Rule
Making, MB Docket No. 23–209,
adopted July 6, 2023, and released July
7, 2023. The full text of this
Commission decision is available online
at https://apps.fcc.gov/ecfs. The full text
of this document can also be
downloaded in Word or Portable
Document Format (PDF) at https://
www.fcc.gov/edocs. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of l980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
E:\FR\FM\14JYP1.SGM
14JYP1
]]>Agencies
[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45123-45126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14945]
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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 and Tropical Storms in Captain of the
Port Zone North Carolina
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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 proposed rulemaking would establish 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.
[[Page 45124]]
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard August 14, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0052 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 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, Purpose, and Legal Basis
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)
proposes 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. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP of Sector North Carolina is proposing to establish a
safety zone to be enforced in case of hurricanes and tropical storms in
North Carolina. This action is necessary to ensure the safety of the
waters of the COTP North Carolina and it would establish 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. The proposed safety zone would consist of all navigable
waters of the United States in the 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. The proposed regulatory text
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).
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 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 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
[[Page 45125]]
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 the human environment. This proposed rule involves a safety
zone that would prohibit entry in certain waters of the North Carolina
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-2023-0052 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
Marine safety, Navigation, 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: 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 and Tropical Storms in Captain
of the Port Zone North Carolina.
(a) Regulated Areas. All navigable waters of the United States
within 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
[[Page 45126]]
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.
Dated: June 29, 2023.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-14945 Filed 7-13-23; 8:45 am]
BILLING CODE 9110-04-P
