Safety Zone; Hurricanes, Tropical Storms, and Other Storms With High Winds; Captain of the Port Zone Virginia, 63042-63045 [2023-19863]

Download as PDF 63042 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Proposed Rules not impose new record keeping, reporting, or other types of information collection requirements. Lists of Subjects in 31 CFR Part 1 Privacy. For the reasons stated in the preamble, part 1 of title 31 of the Code of Federal Regulations is proposed to be amended as follows: PART 1—DISCLOSURE OF RECORDS 1. The authority citation for part 1 continues to read as follows: ■ Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 301, 321; 31 U.S.C. 3717. 2. Amend § 1.36 by adding, in alphanumeric order, an entry for ‘‘FinCEN .004’’ in table 7 to paragraph ■ (c)(1)(vii) and table 17 to paragraph (g)(1)(ix) to read as follows: § 1.36 Systems exempt in whole or in part from provisions of the Privacy Act and this part. * * * (c) * * * (1) * * * (vii) * * * * * TABLE 7 TO PARAGRAPH (c)(1)(vii) No. Name of system * FinCEN .004 .......... * * * (g) * * * (1) * * * * * * * * * Beneficial Ownership Information System (not exempt from 5 U.S.C. 552a(e)(3) and 5 U.S.C. 552a(e)(4)(I)). * * (ix) * * * TABLE 17 TO PARAGRAPH (g)(1)(ix) No. Name of system * FinCEN .004 .......... * * * * * * * * * Beneficial Ownership Information System (not exempt from 5 U.S.C. 552a(e)(3) and 5 U.S.C. 552a(e)(4)(I)). * Ryan Law, Deputy Assistant Secretary Privacy, Transparency, and Records, U.S. Department of the Treasury. [FR Doc. 2023–19815 Filed 9–13–23; 8:45 am] BILLING CODE 4810–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [USCG–2023–0366] RIN 1625–AA00 Safety Zone; Hurricanes, Tropical Storms, and Other Storms With High Winds; Captain of the Port Zone Virginia Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a safety zone for the navigable waters of the Sector Virginia Captain of the Port (COTP) Zone, to be enforced in the event of hurricanes, tropical storms, and other storms with high winds. This action is necessary to ensure the safety of the waters of the Sector Virginia COTP Zone. This lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:39 Sep 13, 2023 Jkt 259001 proposed rulemaking would establish actions to be completed by industry and vessels within the COTP Zone before hurricanes, tropical storms, and other storms with high winds threatening the State of Virginia make landfall, and afterwards as well. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before October 16, 2023. ADDRESSES: You may submit comments identified by docket number USCG– 2023–0366 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. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email LCDR Ashley Holm, Chief Waterways Management Division U.S. Coast Guard; 757–617– 7986, Ashley.E.Holm@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register MTS Marine Transportation System NPRM Notice of proposed rulemaking § Section PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 U.S.C. * United States Code II. Background, Purpose, and Legal Basis Virginia has the potential to be affected by hurricanes and tropical storms on a yearly basis, especially between the months of June and November. Additionally, severe storms generating high winds and rough seas are also common in the winter months. The Sector Virginia COTP proposes establishing a safety zone to protect mariners, port infrastructure, and the environment during and after these severe weather events. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034. III. Discussion of Proposed Rule The Coast Guard proposes to establish a safety zone on the navigable waters of the Sector Virginia COTP Zone during hurricanes, tropical storms, and other storms with high winds. This safety zone would establish actions to be completed by local industry and vessels in the COTP zone prior to landfall of hurricanes, tropical storms, and other storms with high winds threatening Virginia and in the aftermath of landfall. Port Conditions (WHISKEY, X–RAY, YANKEE, ZULU, and RECOVERY) are standardized terms for states of operation instituted by the COTP which are clearly communicated to port E:\FR\FM\14SEP1.SGM 14SEP1 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Proposed Rules facilities, vessels, and members of the Marine Transportation System (MTS). Actions to be taken by vessels is provided in the language of the proposed rule. In addition, ports and waterfront facilities are encouraged to take action when specific Port Conditions are declared. Under Port Condition WHISKEY, ports and waterfront facilities should remove all debris and secure potential flying hazards. Upon a declaration that Port Condition X–RAY is in effect, port facilities should ensure that potential flying debris and hazardous materials are removed, and that loose cargo and cargo equipment is secured. Upon a declaration of Port Condition YANKEE, terminal operators should terminate all cargo operations not associated with storm preparations. All facilities should continue to operate in accordance with approved Facility Security Plans (as defined at 33 CFR 101.105, and as further described in 33 CFR 105.400 to 105.415), and to comply with all applicable requirements of the Maritime Transportation Security Act of 2002 (46 U.S.C. chapter 701). Under the proposed rule, the COTP would retain flexibility in controlling and reconstituting vessel traffic during periods of heavy weather, and it would allow for the expedited resumption of the MTS following such events. The proposed safety zone would consist of all waters of the territorial seas within the Sector Virginia COTP Zone, as defined in 33 CFR 3.25–10. Portions of the safety zone might be activated at different times, as conditions dictated. Notice of Port Conditions and their requirements would be given via Marine Safety Information Bulletins and Broadcast Notice to Mariners. The regulatory text we are proposing appears at the end of this document. lotter on DSK11XQN23PROD with PROPOSALS1 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, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the VerDate Sep<11>2014 16:39 Sep 13, 2023 Jkt 259001 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, port infrastructure, and the environment during hurricanes, tropical storms, and other storms with high winds. The scope of the regulation is narrow and will only apply when a hurricane, tropical storm, or other storm with high winds impacts the navigable waters of the Virginia COTP Zone. These events are infrequent and of short duration. Regulatory restrictions will be lifted as soon as practicable. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard 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 rulemaking 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. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 63043 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 E:\FR\FM\14SEP1.SGM 14SEP1 63044 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Proposed Rules the human environment. This proposed rule involves a safety zone that would prohibit entry in certain waters of the Sector Virginia COTP Zone for the duration needed to ensure safe transit of vessels and industry before and after a hurricane, tropical storm, or other storm with high winds. 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. lotter on DSK11XQN23PROD with PROPOSALS1 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–2023–0366 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 VerDate Sep<11>2014 16:39 Sep 13, 2023 Jkt 259001 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: 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 § 165.520 to read as follows: § 165.520 Safety Zone; Hurricanes, Tropical Storms, and other Storms with High Winds; Captain of the Port Zone Virginia. (a) Regulated Areas. All navigable waters, as defined in 33 CFR 2.36, within the Captain of the Port Zone (COPT) Virginia, as described in 33 CFR 3.25–10, or some portion of those waters, during specified conditions. Port conditions and safety zone activation may vary for different portions of the regulated area at different times, based on storm conditions and its projected track. (b) Definitions. (1) Captain of the Port means Commander, Coast Guard Sector Virginia. (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. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 (3) Port Condition WHISKEY means a condition set by the COTP when National Weather Service (NWS) weather advisories indicate sustained gale force winds (39–54 mph/34–47 knots) are predicted to reach the COTP zone within 72 hours. (4) Port Condition X–RAY means a condition set by the COTP when NWS weather advisories indicate sustained gale force winds (39–54 mph/34–47 knots) are predicted to reach the COTP zone within 48 hours. (5) Port Condition YANKEE means a condition set by the COTP when NWS weather advisories indicate that sustained gale force winds (39–54 mph/ 34–47 knots) are predicted to reach the COTP zone within 24 hours. (6) Port Condition ZULU means a condition set by the COTP when NWS weather advisories indicate that sustained gale force winds (39–54 mph/ 34–47 knots) are predicted to reach the COTP zone within 12 hours. (7) Port Condition RECOVERY means a condition set by the COTP when NWS weather advisories indicate that sustained gale force winds (39–54 mph/ 34–47 knots) are no longer predicted for the regulated area. This port condition remains in effect until the regulated areas are deemed safe and are reopened to normal operations. (c) Regulations—(1) Port Condition WHISKEY. All vessels must exercise due diligence in preparation for potential storm impacts. All oceangoing tank barges and their supporting tugs and all self-propelled oceangoing vessels over 500 gross tons (GT) must make plans to depart no later than setting of Port Condition Yankee unless authorized by the COTP. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition WHISKEY, based on the trajectory and forecasted storm conditions. (2) Port Condition X–RAY. All vessels must ensure that potential flying debris and hazardous materials are removed, and that loose cargo and cargo equipment is secured. Vessels at facilities must carefully monitor their moorings and cargo operations. Additional anchor(s) must be made ready to let go, and preparations must be made to have a continuous anchor watch during the storm. Engine(s) must be made immediately available for maneuvering. Also, vessels must maintain a continuous listening watch on VHF Channel 16. All oceangoing tank barges and their supporting tugs and all self-propelled oceangoing vessels over 500 GT must prepare to depart the port and anchorages within the affected regulated area. These E:\FR\FM\14SEP1.SGM 14SEP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 177 / Thursday, September 14, 2023 / Proposed Rules vessels shall depart immediately upon the setting of Port Condition YANKEE. During this condition, slow-moving vessels may be ordered to depart to ensure safe avoidance of the incoming storm. Vessels that are unable to depart the port must contact the COTP to receive permission to remain in port. Vessels with COTP’s permission to remain in port must implement their pre-approved mooring arrangement. The COTP may require additional precautions to ensure the safety of the ports and waterways. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition X–RAY based on the trajectory and forecasted storm conditions. (3) Port Condition YANKEE. Affected ports are closed to all inbound vessel traffic. All oceangoing tank barges and their supporting tugs and all selfpropelled oceangoing vessels over 500 GT must have departed the regulated area. The COTP may require additional precautions to ensure the safety of the ports and waterways. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition YANKEE based on the trajectory and forecasted storm conditions. (4) Port Condition ZULU. Cargo operations are suspended, except final preparations that are expressly permitted by the COTP as necessary to ensure the safety of the ports and facilities. Other than vessels designated by the COTP, no vessels may enter, transit, move, or anchor within the regulated area. The COTP may modify the geographic boundaries of the regulated area and actions to be taken under Port Condition ZULU based on the trajectory and forecasted storm conditions. (5) Port Condition RECOVERY. Designated areas are closed to all vessels. Based on assessments of channel conditions, navigability concerns, and hazards to navigation, the COTP may permit vessel movements with restrictions. Restrictions may include, but are not limited to, preventing, or delaying vessel movements, imposing draft, speed, size, horsepower or daylight restrictions, or directing the use of specific routes. Vessels permitted to transit the regulated area shall comply with the lawful orders or directions given by the COTP or representative. (6) Regulated Area Notice. The Coast Guard will provide notice of where, within the regulated area, a declared Port Condition is to be in effect via Broadcast Notice to Mariners, Marine VerDate Sep<11>2014 16:39 Sep 13, 2023 Jkt 259001 Safety Information Bulletins, or by onscene representatives. (7) Exception. This regulation does not apply to authorized law enforcement agencies operating within the regulated area. Dated: September 8, 2023. J.A. Stockwell, Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia. [FR Doc. 2023–19863 Filed 9–13–23; 8:45 am] BILLING CODE 9110–04–P POSTAL REGULATORY COMMISSION 39 CFR Part 3050 [Docket No. RM2023–10; Order No. 6673] Periodic Reporting Postal Regulatory Commission. Notice of proposed rulemaking. AGENCY: ACTION: The Commission is acknowledging a recent filing requesting the Commission initiate a rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Five). This document informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: October 10, 2023. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. SUMMARY: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Proposal Five III. Notice and Comment IV. Ordering Paragraphs 63045 proposed analytical changes filed in this docket as Proposal Five. II. Proposal Five Background. Proposal Five relates to modifications to the Parcel Select (PS)/ Parcel Return Service (PRS) mail processing and transportation cost models. Petition, Proposal Five at 1. The cost models were last presented in Docket No. ACR2022, Library References USPS–FY22–NP15 and USPS–FY22–NP16, respectively. Id. The proposed modifications to the mail processing and transportation cost models underlie recent operational and price structure changes. Id. Previously, USPS Retail Ground (RG), First-Class Package Service (FCPS), and Parcel Select were listed as separate Competitive products within the Mail Classification Schedule (MCS) with Parcel Select Ground (PSG) as a price category within the PS product. Id. In order to improve service standards for RG and PSG, the Postal Service implemented operational changes to process and transport RG and PSG mail along with FCPS mail in the contiguous United States beginning FY 2022, Quarter 4.2 In addition, classification changes were made to the products on the MCS by removing RG from the Competitive product list, removing PSG as a price category from PS, and expanding the FCPS price structure to include mailpieces weighing up to 70 pounds thus subsuming the RG and PSG price categories under FCPS.3 In Docket Nos. CP2023–113 and CP2023–114, the Commission approved additional proposed classification changes to rename FCPS to USPS Ground Advantage and several changes to the PS price structure including: (1) eliminating the distinction of machinable and nonmachinable prices for Parcel Select Heavy Weight (PSHW), (2) establishing a Destination Hub (DHUB) price category for PSHW, (3) establishing a DHUB price category for Parcel Select Lightweight (PSLW), and I. Introduction On September 5, 2023, the Postal Service filed a petition pursuant to 39 CFR 3050.11 requesting that the Commission initiate a rulemaking proceeding to consider changes to analytical principles relating to periodic reports.1 The Petition identifies the 1 Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Five), September 5, 2023 (Petition). The Postal Service PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 filed a notice of filing of non-public materials relating to Proposal Five. Notice of Filing of USPS– RM2023–10–NP1 and Application for Nonpublic Treatment, September 5, 2023. 2 Id.; see Docket No. N2022–1, United States Postal Service’s Request for an Advisory Opinion on Changes in the Nature of Postal Services, March 21, 2022, at 3. 3 Petition, Proposal Five at 1–2; see Docket Nos. MC2022–81 and MC2022–82, Order Removing USPS Retail Ground from the Competitive Product List and Approving Competitive Classification Changes to First-Class Package Service and Parcel Select, October 28, 2022, at 1–2 (Order No. 6318). E:\FR\FM\14SEP1.SGM 14SEP1

Agencies

[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Proposed Rules]
[Pages 63042-63045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19863]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2023-0366]
RIN 1625-AA00


Safety Zone; Hurricanes, Tropical Storms, and Other Storms With 
High Winds; Captain of the Port Zone Virginia

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a safety zone for 
the navigable waters of the Sector Virginia Captain of the Port (COTP) 
Zone, to be enforced in the event of hurricanes, tropical storms, and 
other storms with high winds. This action is necessary to ensure the 
safety of the waters of the Sector Virginia COTP Zone. This proposed 
rulemaking would establish actions to be completed by industry and 
vessels within the COTP Zone before hurricanes, tropical storms, and 
other storms with high winds threatening the State of Virginia make 
landfall, and afterwards as well. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 16, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0366 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 LCDR Ashley Holm, Chief Waterways 
Management Division U.S. Coast Guard; 757-617-7986, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MTS Marine Transportation System
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Virginia has the potential to be affected by hurricanes and 
tropical storms on a yearly basis, especially between the months of 
June and November. Additionally, severe storms generating high winds 
and rough seas are also common in the winter months. The Sector 
Virginia COTP proposes establishing a safety zone to protect mariners, 
port infrastructure, and the environment during and after these severe 
weather events. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone on the 
navigable waters of the Sector Virginia COTP Zone during hurricanes, 
tropical storms, and other storms with high winds. This safety zone 
would establish actions to be completed by local industry and vessels 
in the COTP zone prior to landfall of hurricanes, tropical storms, and 
other storms with high winds threatening Virginia and in the aftermath 
of landfall. Port Conditions (WHISKEY, X-RAY, YANKEE, ZULU, and 
RECOVERY) are standardized terms for states of operation instituted by 
the COTP which are clearly communicated to port

[[Page 63043]]

facilities, vessels, and members of the Marine Transportation System 
(MTS).
    Actions to be taken by vessels is provided in the language of the 
proposed rule. In addition, ports and waterfront facilities are 
encouraged to take action when specific Port Conditions are declared. 
Under Port Condition WHISKEY, ports and waterfront facilities should 
remove all debris and secure potential flying hazards. Upon a 
declaration that Port Condition X-RAY is in effect, port facilities 
should ensure that potential flying debris and hazardous materials are 
removed, and that loose cargo and cargo equipment is secured. Upon a 
declaration of Port Condition YANKEE, terminal operators should 
terminate all cargo operations not associated with storm preparations. 
All facilities should continue to operate in accordance with approved 
Facility Security Plans (as defined at 33 CFR 101.105, and as further 
described in 33 CFR 105.400 to 105.415), and to comply with all 
applicable requirements of the Maritime Transportation Security Act of 
2002 (46 U.S.C. chapter 701).
    Under the proposed rule, the COTP would retain flexibility in 
controlling and reconstituting vessel traffic during periods of heavy 
weather, and it would allow for the expedited resumption of the MTS 
following such events. The proposed safety zone would consist of all 
waters of the territorial seas within the Sector Virginia COTP Zone, as 
defined in 33 CFR 3.25-10. Portions of the safety zone might be 
activated at different times, as conditions dictated. Notice of Port 
Conditions and their requirements would be given via Marine Safety 
Information Bulletins and Broadcast Notice to Mariners. 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, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). 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, port infrastructure, and the environment during 
hurricanes, tropical storms, and other storms with high winds. The 
scope of the regulation is narrow and will only apply when a hurricane, 
tropical storm, or other storm with high winds impacts the navigable 
waters of the Virginia COTP Zone. These events are infrequent and of 
short duration. Regulatory restrictions will be lifted as soon as 
practicable.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard 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 rulemaking 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 63044]]

the human environment. This proposed rule involves a safety zone that 
would prohibit entry in certain waters of the Sector Virginia COTP Zone 
for the duration needed to ensure safe transit of vessels and industry 
before and after a hurricane, tropical storm, or other storm with high 
winds. 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-2023-0366 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: 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.  165.520 to read as follows:


Sec.  165.520  Safety Zone; Hurricanes, Tropical Storms, and other 
Storms with High Winds; Captain of the Port Zone Virginia.

    (a) Regulated Areas. All navigable waters, as defined in 33 CFR 
2.36, within the Captain of the Port Zone (COPT) Virginia, as described 
in 33 CFR 3.25-10, or some portion of those waters, during specified 
conditions. Port conditions and safety zone activation may vary for 
different portions of the regulated area at different times, based on 
storm conditions and its projected track.
    (b) Definitions. (1) Captain of the Port means Commander, Coast 
Guard Sector Virginia.
    (2) Representative means any Coast Guard commissioned, warrant, or 
petty officer or civilian employee who has been authorized to act on 
the behalf of the Captain of the Port.
    (3) Port Condition WHISKEY means a condition set by the COTP when 
National Weather Service (NWS) weather advisories indicate sustained 
gale force winds (39-54 mph/34-47 knots) are predicted to reach the 
COTP zone within 72 hours.
    (4) Port Condition X-RAY means a condition set by the COTP when NWS 
weather advisories indicate sustained gale force winds (39-54 mph/34-47 
knots) are predicted to reach the COTP zone within 48 hours.
    (5) Port Condition YANKEE means a condition set by the COTP when 
NWS weather advisories indicate that sustained gale force winds (39-54 
mph/34-47 knots) are predicted to reach the COTP zone within 24 hours.
    (6) Port Condition ZULU means a condition set by the COTP when NWS 
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) are predicted to reach the COTP zone within 12 hours.
    (7) Port Condition RECOVERY means a condition set by the COTP when 
NWS weather advisories indicate that sustained gale force winds (39-54 
mph/34-47 knots) are no longer predicted for the regulated area. This 
port condition remains in effect until the regulated areas are deemed 
safe and are reopened to normal operations.
    (c) Regulations--(1) Port Condition WHISKEY. All vessels must 
exercise due diligence in preparation for potential storm impacts. All 
oceangoing tank barges and their supporting tugs and all self-propelled 
oceangoing vessels over 500 gross tons (GT) must make plans to depart 
no later than setting of Port Condition Yankee unless authorized by the 
COTP. The COTP may modify the geographic boundaries of the regulated 
area and actions to be taken under Port Condition WHISKEY, based on the 
trajectory and forecasted storm conditions.
    (2) Port Condition X-RAY. All vessels must ensure that potential 
flying debris and hazardous materials are removed, and that loose cargo 
and cargo equipment is secured. Vessels at facilities must carefully 
monitor their moorings and cargo operations. Additional anchor(s) must 
be made ready to let go, and preparations must be made to have a 
continuous anchor watch during the storm. Engine(s) must be made 
immediately available for maneuvering. Also, vessels must maintain a 
continuous listening watch on VHF Channel 16. All oceangoing tank 
barges and their supporting tugs and all self-propelled oceangoing 
vessels over 500 GT must prepare to depart the port and anchorages 
within the affected regulated area. These

[[Page 63045]]

vessels shall depart immediately upon the setting of Port Condition 
YANKEE. During this condition, slow-moving vessels may be ordered to 
depart to ensure safe avoidance of the incoming storm. Vessels that are 
unable to depart the port must contact the COTP to receive permission 
to remain in port. Vessels with COTP's permission to remain in port 
must implement their pre-approved mooring arrangement. The COTP may 
require additional precautions to ensure the safety of the ports and 
waterways. The COTP may modify the geographic boundaries of the 
regulated area and actions to be taken under Port Condition X-RAY based 
on the trajectory and forecasted storm conditions.
    (3) Port Condition YANKEE. Affected ports are closed to all inbound 
vessel traffic. All oceangoing tank barges and their supporting tugs 
and all self-propelled oceangoing vessels over 500 GT must have 
departed the regulated area. The COTP may require additional 
precautions to ensure the safety of the ports and waterways. The COTP 
may modify the geographic boundaries of the regulated area and actions 
to be taken under Port Condition YANKEE based on the trajectory and 
forecasted storm conditions.
    (4) Port Condition ZULU. Cargo operations are suspended, except 
final preparations that are expressly permitted by the COTP as 
necessary to ensure the safety of the ports and facilities. Other than 
vessels designated by the COTP, no vessels may enter, transit, move, or 
anchor within the regulated area. The COTP may modify the geographic 
boundaries of the regulated area and actions to be taken under Port 
Condition ZULU based on the trajectory and forecasted storm conditions.
    (5) Port Condition RECOVERY. Designated areas are closed to all 
vessels. Based on assessments of channel conditions, navigability 
concerns, and hazards to navigation, the COTP may permit vessel 
movements with restrictions. Restrictions may include, but are not 
limited to, preventing, or delaying vessel movements, imposing draft, 
speed, size, horsepower or daylight restrictions, or directing the use 
of specific routes. Vessels permitted to transit the regulated area 
shall comply with the lawful orders or directions given by the COTP or 
representative.
    (6) Regulated Area Notice. The Coast Guard will provide notice of 
where, within the regulated area, a declared Port Condition is to be in 
effect via Broadcast Notice to Mariners, Marine Safety Information 
Bulletins, or by on-scene representatives.
    (7) Exception. This regulation does not apply to authorized law 
enforcement agencies operating within the regulated area.

    Dated: September 8, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2023-19863 Filed 9-13-23; 8:45 am]
BILLING CODE 9110-04-P

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