Safety Zone; Hurricanes, Tropical Storms, and Other Storms With High Winds; Captain of the Port Zone Sector Delaware Bay, 46043-46046 [2024-11669]
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Federal Register / Vol. 89, No. 103 / Tuesday, May 28, 2024 / Proposed Rules
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as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2022–N–1635 for ‘‘Color Additive
Certification; Increase in Fees for
Certification Services; Extension of the
Comment Period.’’ Received comments,
those filed in a timely manner (see
ADDRESSES), will be placed in the docket
and, except for those submitted as
‘‘Confidential Submissions,’’ publicly
viewable at https://www.regulations.gov
or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday
through Friday, 240–402–7500.
• Confidential Submissions—To
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submission. You should submit two
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‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
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second copy, which will have the
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must identify this information as
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‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240–402–7500.
Dated: May 22, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
FOR FURTHER INFORMATION CONTACT:
ACTION:
Bryan Bowes, Center for Food Safety
and Applied Nutrition, Office of
Cosmetics and Colors (HFS–105), Food
and Drug Administration, 5001 Campus
Dr., College Park, MD 20740, 240–402–
1122; or Carrol Bascus, Center for Food
Safety and Applied Nutrition, Office of
Regulations and Policy (HFS–024), Food
and Drug Administration, 5001 Campus
Dr., College Park, MD 20740, 240–402–
2378.
In the
Federal Register of November 2, 2022
(87 FR 66116), FDA published a
proposed rule to amend the color
additive regulations to increase the fee
for certification services. On April 26,
2024, we published a notice of
reopening entitled ‘‘Color Additive
Certification; Increase in Fees for
Certification Services; Reopening of the
Comment Period’’ (89 FR 32384). We
reopened the comment period because
we added supporting information to the
administrative record and adjusted the
administrative record to reflect the same
cost and benefits figures that were
published in the preliminary regulatory
impact analysis. This action invited
public comments on the new
information and provided a 30-day
comment period.
FDA received a request for a 90-day
extension of the comment period for the
reopening notice. We are extending the
comment period for 30 days until June
27, 2024. The Agency believes that the
extension is reasonable and allows
adequate time for interested parties to
review the supporting information
added to the administrative record and
to develop and submit additional
comments to the proposed rule.
SUPPLEMENTARY INFORMATION:
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[FR Doc. 2024–11639 Filed 5–24–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0251]
RIN 1625–AA00
Safety Zone; Hurricanes, Tropical
Storms, and Other Storms With High
Winds; Captain of the Port Zone Sector
Delaware Bay
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a safety zone for the
navigable waters of the Sector Delaware
Bay 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 Delaware Bay COTP Zone. It
would establish actions to be completed
by industry and vessels within the
COTP Zone before and after hurricanes,
tropical storms, and other storms with
high winds threatening the States of
Delaware, New Jersey, and Pennsylvania
make landfall. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 27, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0251 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. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LT Owen
Mims, Chief Waterways Management
Division, U.S. Coast Guard; 215–271–
4814, SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR
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COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MTS Marine Transportation System
NPRM Notice of proposed rulemaking
NWS National Weather Service
§ Section
U.S.C. United States Code
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II. Background, Purpose, and Legal
Basis
Delaware, New Jersey, and
Pennsylvania have 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 Coast Guard proposes establishing
a safety zone to protect mariners, port
infrastructure, and the environment
during and after these severe weather
events in the Sector Delaware Bay
Captain of the Port (COTP) Zone. 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 Delaware Bay COTP Zone
during hurricanes, tropical storms, and
other storms with high winds. This
safety zone would facilitate planning by
establishing actions to be completed by
local industry and vessels in the COTP
zone prior to and after landfall of
hurricanes, tropical storms, and other
storms with high winds threatening the
States of Delaware, New Jersey, and
Pennsylvania. Port Conditions
(WHISKEY, X–RAY, YANKEE, ZULU,
and RECOVERY) are standardized Coast
Guard terms within the Coast Guard’s
Atlantic Area for states of operation
declared by the COTP and
communicated to port facilities, vessels,
and members of the Marine
Transportation System (MTS). Notice of
Port Conditions and their requirements
would be given via Marine Safety
Information Bulletins and Broadcast
Notice to Mariners.
Actions to be taken by vessels are
provided in the language of the
proposed rule. In addition, ports and
waterfront facilities are encouraged to
act when specific Port Conditions are
declared. Under Port Condition
WHISKEY, all ports and waterfront
facilities shall remove all potential
flying debris and secure potential flying
hazards. Upon declaration of Port
Condition X–RAY, all ports and
waterfront facilities shall ensure that all
requirements under Port Condition
WHISKEY are implemented in addition
to the removal of all hazardous
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materials, and securing all loose cargo,
and cargo equipment. Upon a
declaration of Port Condition YANKEE,
all ports and waterfront facilities should
ensure that all requirements under Port
Condition X–RAY are implemented, and
terminal operators shall cease all cargo
operations not associated with storm
preparations.
Under the proposed rule, the COTP
would retain flexibility in exercising
control over vessel traffic during periods
of heavy weather, and the proposed rule
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 Delaware Bay
COTP Zone, as defined in 33 CFR 3.25–
05. Portions of the safety zone might be
activated at different times, as
conditions dictated. 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
section 3(f) of 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 Delaware Bay 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
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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
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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.
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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
the human environment. This proposed
rule involves a safety zone that would
prohibit entry in certain waters of the
Sector Delaware Bay 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.
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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–2024–0251 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).
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46045
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 § 165.522 to read as follows:
§ 165.522 Safety Zone; Hurricanes,
Tropical Storms, and other Storms with
High Winds; Captain of the Port Zone
Sector Delaware Bay.
(a) Regulated Areas. All navigable
waters, as defined in 33 CFR 2.36,
within the Captain of the Port Zone
(COTP), Sector Delaware Bay, as
described in 33 CFR 3.25–05, or some
portion of those waters, as specified and
communicated under paragraph (c)(6).
Port conditions and safety zone
activation may vary for different
portions of the COTP Zone at different
times, based on storm conditions and its
projected track.
(b) Definitions. (1) Captain of the Port
means Commander, Coast Guard Sector
Delaware Bay.
(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.
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(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
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 depart the regulated area. The
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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 within the Delaware Bay
COTP Zone and actions to be taken
under Port Condition YANKEE based on
the trajectory and forecasted storm
conditions.
(4) Port Condition ZULU. When Port
Condition ZULU is declared, 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. The
COTP Zone, or portions of it designated
as regulated areas, as 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, via Broadcast
Notice to Mariners, Marine Safety
Information Bulletins, or by on-scene
representatives, of where, within the
COTP Zone, a declared Port Condition
is to be in effect.
(7) Exception. This regulation does
not apply to authorized law
enforcement agencies operating within
the regulated area.
Dated: May 21, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. 2024–11669 Filed 5–24–24; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2024–8; Order No. 7120]
Periodic Reporting
AGENCY:
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ACTION:
Notice of proposed rulemaking.
The Commission is
acknowledging a recent Postal Service
filing requesting the Commission
initiate a rulemaking proceeding to
consider changes to analytical
principles relating to periodic reports
(Proposal Three). This document
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES:
Comments are due: July 8, 2024.
Reply Comments are due: July 22,
2024.
SUMMARY:
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Proposal Three
III. Notice and Comment
IV. Ordering Paragraphs
I. Introduction
On May 13, 2024, 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 proposed
analytical changes filed in this docket as
Proposal Three.
II. Proposal Three
Background. On November 22, 2023,
the Postal Service filed a notice to
establish a new Zone 10 for Priority
Mail Express (PME), Priority Mail (PM),
and USPS Ground Advantage (GA) and
proposed associated Zone 10 rates.2 The
Commission approved the proposed
price and classification changes and
directed the Postal Service to file a
rulemaking proceeding proposing and
1 Petition of the United States Postal Service for
the Initiation of a Proceeding to Consider Proposed
Changes in Analytical Principles (Proposal Three),
May 13, 2024 (Petition). The Postal Service also
filed a notice of filing of non-public materials
relating to Proposal Three. Notice of Filing of
USPS–RM2024–8–NP1 and Application for
Nonpublic Treatment, May 13, 2024.
2 Docket No. CP2024–72, USPS Notice of Changes
in Rates and Classifications of General Applicability
for Competitive Products, November 22, 2023.
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]]>Agencies
[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Proposed Rules]
[Pages 46043-46046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11669]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0251]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and Other Storms With
High Winds; Captain of the Port Zone Sector Delaware Bay
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a safety zone for
the navigable waters of the Sector Delaware Bay 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 Delaware Bay COTP Zone.
It would establish actions to be completed by industry and vessels
within the COTP Zone before and after hurricanes, tropical storms, and
other storms with high winds threatening the States of Delaware, New
Jersey, and Pennsylvania make landfall. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 27, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0251 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Owen Mims, Chief Waterways
Management Division, U.S. Coast Guard; 215-271-4814,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 46044]]
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MTS Marine Transportation System
NPRM Notice of proposed rulemaking
NWS National Weather Service
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Delaware, New Jersey, and Pennsylvania have 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 Coast Guard proposes establishing a safety zone
to protect mariners, port infrastructure, and the environment during
and after these severe weather events in the Sector Delaware Bay
Captain of the Port (COTP) Zone. 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 Delaware Bay COTP Zone during
hurricanes, tropical storms, and other storms with high winds. This
safety zone would facilitate planning by establishing actions to be
completed by local industry and vessels in the COTP zone prior to and
after landfall of hurricanes, tropical storms, and other storms with
high winds threatening the States of Delaware, New Jersey, and
Pennsylvania. Port Conditions (WHISKEY, X-RAY, YANKEE, ZULU, and
RECOVERY) are standardized Coast Guard terms within the Coast Guard's
Atlantic Area for states of operation declared by the COTP and
communicated to port facilities, vessels, and members of the Marine
Transportation System (MTS). Notice of Port Conditions and their
requirements would be given via Marine Safety Information Bulletins and
Broadcast Notice to Mariners.
Actions to be taken by vessels are provided in the language of the
proposed rule. In addition, ports and waterfront facilities are
encouraged to act when specific Port Conditions are declared. Under
Port Condition WHISKEY, all ports and waterfront facilities shall
remove all potential flying debris and secure potential flying hazards.
Upon declaration of Port Condition X-RAY, all ports and waterfront
facilities shall ensure that all requirements under Port Condition
WHISKEY are implemented in addition to the removal of all hazardous
materials, and securing all loose cargo, and cargo equipment. Upon a
declaration of Port Condition YANKEE, all ports and waterfront
facilities should ensure that all requirements under Port Condition X-
RAY are implemented, and terminal operators shall cease all cargo
operations not associated with storm preparations.
Under the proposed rule, the COTP would retain flexibility in
exercising control over vessel traffic during periods of heavy weather,
and the proposed rule 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 Delaware Bay COTP
Zone, as defined in 33 CFR 3.25-05. Portions of the safety zone might
be activated at different times, as conditions dictated. 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 section 3(f) of 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 Delaware Bay 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
[[Page 46045]]
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 the human environment. This proposed rule involves a safety
zone that would prohibit entry in certain waters of the Sector Delaware
Bay 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-2024-0251 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. 165.522 to read as follows:
Sec. 165.522 Safety Zone; Hurricanes, Tropical Storms, and other
Storms with High Winds; Captain of the Port Zone Sector Delaware Bay.
(a) Regulated Areas. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone (COTP), Sector Delaware Bay,
as described in 33 CFR 3.25-05, or some portion of those waters, as
specified and communicated under paragraph (c)(6). Port conditions and
safety zone activation may vary for different portions of the COTP Zone
at different times, based on storm conditions and its projected track.
(b) Definitions. (1) Captain of the Port means Commander, Coast
Guard Sector Delaware Bay.
(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.
[[Page 46046]]
(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 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 depart 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 within the Delaware Bay
COTP Zone and actions to be taken under Port Condition YANKEE based on
the trajectory and forecasted storm conditions.
(4) Port Condition ZULU. When Port Condition ZULU is declared,
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. The COTP Zone, or portions of it
designated as regulated areas, as 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, via
Broadcast Notice to Mariners, Marine Safety Information Bulletins, or
by on-scene representatives, of where, within the COTP Zone, a declared
Port Condition is to be in effect.
(7) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area.
Dated: May 21, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-11669 Filed 5-24-24; 8:45 am]
BILLING CODE 9110-04-P
