Safety Zone; Hurricanes, Tropical Storms and other Disasters in Southeast Texas and Southwest Louisiana, 57006-57009 [2023-18066]
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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 safety
zones within 500 yards of M/V BIGLIFT
BAFFIN during transit and offload of
cranes. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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15:46 Aug 21, 2023
Jkt 259001
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T07–0542 to read as
follows:
■
§ 165.T07–0542 Safety Zone; Savannah
River, M/V BIGLIFT BARENTSZ, Savannah,
GA.
(a) Location. The following areas are
safety zones:
(1) A moving safety zone that includes
all navigable waters of the Savannah
River, within a 500-yard radius of the
Motor Vessel (M/V) BIGLIFT
BARENTSZ while transiting the
Savannah River and laden with
oversized cranes.
(2) A fixed zone that includes all
navigable waters of the Savannah River,
within a 500-yard radius of vessel M/V
BIGLIFT BARENTSZ while moored at
Georgia Port Authority Garden City
Terminal Berth No. 1 and laden with
oversized cranes.
(b) Definition. As used in this section,
designated representative means a Coast
Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard
vessel and a Federal, State, and local
officer designated by or assisting the
Captain of the Port Savannah (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) Persons or vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone may
contact COTP Savannah by telephone at
(912) 247–0073, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the COTP
Savannah or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP or a designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by
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Broadcast Notice to Mariners, Marine
Safety Information Bulletins, and onscene designated representatives.
(d) Effective period. This section is
effective from August 24, 2023, through
September 11, 2023.
(e) Enforcement period. The moving
safety zone will be enforced while the
vessel M/V BIGLIFT BARENTSZ is
transiting with the cranes embarked.
The fixed safety zone will be enforced
while the vessel M/V BIGLIFT
BARENTSZ is moored at the facility,
and the cranes are onboard.
Dated: August 16, 2023.
N.L. Robinson,
Commander, U.S. Coast Guard, Captain of
the Port, Savannah, GA.
[FR Doc. 2023–18008 Filed 8–21–23; 8:45 am]
BILLING CODE 9110–04–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, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is
establishing 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, prior to, during
and following hurricanes, tropical
storms and other disasters. This
regulation establishes 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.
DATES: This rule is effective September
21, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0380 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 on this rule, call or
SUMMARY:
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
email Mr. Douglas Hendrix, Marine
Safety Unit Port Arthur, U.S. Coast
Guard; telephone 409–719–5086, email
douglas.g.hendrix2@uscg.mil.
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 Information and
Regulatory History
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.
On May 31, 2023, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone;
Hurricanes, Tropical Storms, and Other
Disasters in Southeast Texas and
Southwest Louisiana.’’ 88 FR 34797.
There we stated why we issued the
NPRM and invited comments on our
proposed regulatory action related to
this safety zone. During the comment
period that ended June 15, 2023, we
received two (2) comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority in 46 U.S.C. 70034.
The purpose of this rulemaking is to
protect mariners, port infrastructure and
the environment during and after
extreme weather and other natural
disasters.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
comments on our NPRM published May
31, 2023. One comment received was
supportive of the rule. The second
comment suggested that (1) the
regulatory text should be clearer in
identifying the geographic area(s) where
Port Condition requirements would be
applicable; and (2) that the COTP
should require identification and
notification of ‘‘marine vessels, offshore
rigs, barges, etc.’’ We concur with the
first suggestion and have modified the
language in paragraphs (c)(1), (2), and
(7) of the regulatory text to be clearer.
With regard to the second suggestion,
we do not concur that additional
language is necessary. The regulatory
text provides the COTP sufficient
authority to address situational
circumstances without establishing
vague affirmative requirements.
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This rule establishes 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 and
describes the actions a COTP may take
to restrict access to hazardous areas in
the aftermath of these events. The safety
zone consists of all navigable waters of
the Port Arthur COTP zone, as
prescribed in 33 CFR 3.40–28(b). The
regulatory text appears at the end of this
document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This 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 following: (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 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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
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57007
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
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
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 Port Arthur 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.
lotter on DSK11XQN23PROD with RULES1
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Sep<11>2014
15:46 Aug 21, 2023
Jkt 259001
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
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 § 165.804 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
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
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areas are safe and reopened to normal
operations.
(c) Regulations—(1) Port Condition
WHISKEY. All vessels and port facilities
in designated areas 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 in designated areas
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.
(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
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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
designated ports and/or waterways
within the regulated area covered by
each Port Condition via Broadcast
Notice to Mariners, Marine Safety
Information Bulletin or by on-scene
designated representatives.
(8) Exception. This section does not
apply to authorized law enforcement
agencies operating within the regulated
area.
Dated: August 15, 2023.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
Tina
Williams, Director, Division of Policy
and Program Development, Office of
Federal Contract Compliance Programs,
200 Constitution Avenue NW, Room C–
3325, Washington, DC 20210.
Telephone: (202) 693–0103 or toll free at
1–800–397–6251. If you are deaf, hard
of hearing, or have a speech disability,
please dial 7–1–1 to access
telecommunications relay services.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Corrections
OFCCP makes the following
corrections to the final rule (FR Doc.
2023–16098) published on August 4,
2023 (88 FR 51717):
§ 60–300.2
[Corrected]
1. On page 51735, column 3, in
amendatory instruction 20 for § 60–
300.2, the instruction ‘‘Amend § 60–
300.2 by removing the definitions for
‘Qualitative evidence’ and ‘Quantitative
evidence’ ’’ is corrected to read ‘‘Remove
and reserve § 60–300.2(t) and (u).’’
■
§ 60–300.85
[Corrected]
2. On page 51736, column 2, in
amendatory instruction 24 for § 60–
300.85, the instruction ‘‘Add § 60–
300.85 to subpart D to read as follows:’’
is corrected to read ‘‘Add § 60–300.85 to
subpart E to read as follows:’’.
■
[FR Doc. 2023–18066 Filed 8–21–23; 8:45 am]
BILLING CODE 9110–04–P
§ 60–741.2
[Corrected]
3. On page 51736, column 2, in
amendatory instruction 26 for § 60–
741.2, the instruction ‘‘Amend § 60–
741.2 by removing the definitions for
‘Qualitative evidence’ and ‘Quantitative
evidence’ is corrected to read ‘‘Remove
and reserve § 60–741.2(s) and (t).’’
■
DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
41 CFR Parts 60–300 and 60–741
RIN 1250–AA14
Michele Hodge,
Acting Director, Office of Federal Contract
Compliance Programs.
Pre-Enforcement Notice and
Conciliation Procedures; Correction
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Final rule; correction.
AGENCY:
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Jkt 259001
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230728–0179]
RIN 0648–BL08
Fisheries of the Exclusive Economic
Zone Off Alaska; Amendment 122 to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area;
Pacific Cod Trawl Cooperative
Program; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
On August 8, 2023, NMFS
published a final rule to implement
Amendment 122 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (BSAI FMP). The
final rule included an incorrect cross
reference and inadvertently left out two
footnotes in a table. This correction
fixes these errors.
DATES: Effective on September 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Stephanie Warpinski, 907–586–7228.
SUPPLEMENTARY INFORMATION: The
NMFS final rule to implement
Amendment 122 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (BSAI FMP) (88 FR
53704) included an incorrect crossreference at § 679.134(e)(3) and
inadvertently left out two footnotes in
table 40 to part 679. NMFS is now
correcting the final rule to reflect the
correct cross-reference to § 679.133(b)
instead of § 679.133(c) and to include
footnotes 1 and 2 in table 40 to part 679.
SUMMARY:
Corrections
BILLING CODE 4510–CM–P
In FR Doc. 2023–16526, published
August 8, 2023, at 88 FR 53704, the
following corrections are made:
■ 1. On page 53743, in the first column,
§ 679.134(e)(3) is corrected to read as
follows:
The U.S. Department of
Labor’s Office of Federal Contract
Compliance Programs (OFCCP)
published a final rule in the Federal
Register on August 4, 2023, modifying
procedures and standards OFCCP uses
when issuing pre-enforcement notices
and securing compliance through
conciliation. This document corrects
amendatory instructions included in the
final rule.
DATES: These corrections are effective
September 5, 2023.
15:46 Aug 21, 2023
DEPARTMENT OF COMMERCE
[FR Doc. 2023–17958 Filed 8–21–23; 8:45 am]
SUMMARY:
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§ 679.134
[Corrected]
(e) * * *
(3) Groundfish sideboard limits. All
groundfish harvests in the BSAI and
GOA that are subject to a sideboard
limit for that groundfish species as
described under § 679.133(b), except
groundfish harvested by a vessel when
participating in the Central GOA
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]]>Agencies
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Rules and Regulations]
[Pages 57006-57009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18066]
-----------------------------------------------------------------------
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, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing 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, prior to, during and following
hurricanes, tropical storms and other disasters. This regulation
establishes 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.
DATES: This rule is effective September 21, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0380 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 on this rule,
call or
[[Page 57007]]
email Mr. Douglas Hendrix, Marine Safety Unit Port Arthur, U.S. Coast
Guard; telephone 409-719-5086, email [email protected].
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 Information and Regulatory History
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.
On May 31, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zone; Hurricanes, Tropical Storms,
and Other Disasters in Southeast Texas and Southwest Louisiana.'' 88 FR
34797. There we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this safety zone. During the
comment period that ended June 15, 2023, we received two (2) comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The purpose of this rulemaking is to protect mariners,
port infrastructure and the environment during and after extreme
weather and other natural disasters.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published May
31, 2023. One comment received was supportive of the rule. The second
comment suggested that (1) the regulatory text should be clearer in
identifying the geographic area(s) where Port Condition requirements
would be applicable; and (2) that the COTP should require
identification and notification of ``marine vessels, offshore rigs,
barges, etc.'' We concur with the first suggestion and have modified
the language in paragraphs (c)(1), (2), and (7) of the regulatory text
to be clearer. With regard to the second suggestion, we do not concur
that additional language is necessary. The regulatory text provides the
COTP sufficient authority to address situational circumstances without
establishing vague affirmative requirements.
This rule establishes 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 and describes the
actions a COTP may take to restrict access to hazardous areas in the
aftermath of these events. The safety zone consists of all navigable
waters of the Port Arthur COTP zone, as prescribed in 33 CFR 3.40-
28(b). The regulatory text appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This 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 following: (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 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 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
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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 Port Arthur
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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.804 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 vessels and port
facilities in designated areas 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 in
designated areas 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.
(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
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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 designated ports and/or waterways within the regulated area covered
by each Port Condition via Broadcast Notice to Mariners, Marine Safety
Information Bulletin or by on-scene designated representatives.
(8) Exception. This section does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: August 15, 2023.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2023-18066 Filed 8-21-23; 8:45 am]
BILLING CODE 9110-04-P
