Safety Zone; Cable Laying Corridor, Atlantic Ocean, Virginia Beach, Virginia, 3729-3731 [2024-31420]
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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Proposed Rules
For these independently sufficient
reasons, the Departments are
withdrawing the proposed rules, and
may propose new rules in the future, as
appropriate to meet these goals.
This withdrawal action does not limit
the Departments’ ability to make new
regulatory proposals in the areas
addressed by the withdrawn proposed
rules, including new proposals that may
be substantially identical or similar to
those described therein. In addition, this
withdrawal action does not affect the
Departments’ ongoing application of
existing statutory and regulatory
requirements or their responsibility to
faithfully administer the statutory
requirements the proposed rules would
have implemented if finalized.
Douglas W. O’Donnell,
Deputy Commissioner, Internal Revenue
Service.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2025–00774 Filed 1–13–25; 4:15 pm]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–1093]
RIN 1625–AA00
Safety Zone; Cable Laying Corridor,
Atlantic Ocean, Virginia Beach,
Virginia
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary moving safety
zone to surround nearshore operations
conducted by a cable laying barge. Cable
lay and burial operations will create
navigational hazards moving along a
corridor from shore extending seaward
12 NM. This action is necessary to
provide for the safety of life on these
navigable waters near Virginia Beach,
Virginia. This proposed rulemaking
would prohibit persons and vessels
from entering the safety zone unless
authorized by the Captain of the Port
Sector Virginia or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
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16:26 Jan 14, 2025
Jkt 265001
I. Table of Abbreviations
CLB Cable Laying Barge
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NM Nautical Miles
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
BILLING CODE 4830–01;–P; 4510–29–P; 4120–;01–P
ACTION:
or before January 29, 2025. A shorter
comment period is necessary for this
rule to provide ample time to review
and address comments on the proposed
rule prior to the day the rule is needs
to take effect to protect the public from
the hazards it addresses.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–1093 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 LCDR Justin
Strassfield, Sector Virginia, Waterways
Management Division, U.S. Coast
Guard, Telephone: (757) 668–5581; or
virginiawaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
II. Background, Purpose, and Legal
Basis
On December 3, 2024, Dominion
Energy notified the Coast Guard with a
request for a moving safety zone to
encompass the operations conducted by
the CLB ULISSE, to extend 1000-yards
from the center of the barge. The Sector
Virgnia COTP has determined that
potential hazards associated with the
anchorage arrangements necessary for
the cable laying barge to conduct
operations would be a safety concern for
anyone within a 1000-yard radius of the
barge.
The purpose of this proposed
rulemaking is to ensure the safety of
vessels and the navigable waters within
a 1000-yard radius of the CLB during its
operations. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone on January 25, 2025, for 365
days. The safety zone would cover all
navigable waters within 1000 yards of
the CBL ULISSE, only while it conducts
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3729
cable handling and burial in the
Atlantic Ocean beginning roughly 300
yards from the shore of the State
Military Reservation in Virginia Beach,
Virginia out to 12 NM, the U.S.
Territorial Seas border. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
during the 365-day period. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. Due to the
stability required for the cable laying
and burial process, the multipoint
anchorage configurations used are
highly dynamic and create large unseen
hazards to navigation requiring someone
familiar with the current anchoring
positions to determine if safe transit
corridors exist or if a transiting vessel
must avoid the full 1000 yards radius of
the zone to mitigate the hazards present.
A designated representative, in
communication with the anchor
handling vessels, can communicate
these hazards and possible safe transit
corridors, decreasing the burden on the
non-project vessels seeking access
through or around the zone. 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 size, location, and
duration of the safety zone. Vessel
traffic would be able to safely transit
around this safety zone to the east
initially without losing sight of land and
the impact the nearshore recreational
boaters near Rudee Inlet in Virginia
Beach, Virginia would be reduced
further as the CLB moves further from
shore, providing safe transit options to
the west along the shoreline.
E:\FR\FM\15JAP1.SGM
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3730
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Proposed Rules
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
zones may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
lotter on DSK11XQN23PROD with PROPOSALS1
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
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16:26 Jan 14, 2025
Jkt 265001
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
the human environment. This proposed
rule involves the establishment of safety
zones to protect the public from hazards
created by cable laying and burial
operations, as well as the anchoring
configurations, required for the
operations of the CLB ULISSE. Normally
such actions are categorically excluded
from further review under paragraph
L[60a] 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
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Sfmt 4702
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–2024–1093 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
E:\FR\FM\15JAP1.SGM
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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Proposed Rules
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.T05–1093 to read as
follows:
■
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§ 165.T05–1093 Safety Zone; Cable Laying
Corridor, Atlantic Ocean, Virginia Beach,
Virginia.
(a) Location. The following area is a
moving safety zone: Any navigable
waters located within 1000 yards in all
directions from the Cable Laying Barge
(CLB) ULISSE while operating off the
coast of Virginia Beach, Virginia while
it conducts work within 12 nm of the
shore. The CLB operations will occur
within a perimeter enclosed by
positions: 36°49′4.8″ N, 75°57′43.2″ W;
36°49′13.9″ N, 75°42′39.8″ W; 36°47″
11.7″ N, 75°41″ 50.8″ W and 36°48″
28.8″ N, 75°57″ 43.2″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Virginia (COTP) in the
enforcement of the safety zone. The
term also includes the master of a U.S.flagged vessel supporting the CLB
ULISSE for the sole purpose of
designating and establishing safe transit
corridors, to permit passage into or
through this safety zones, or to notify
vessels and individuals of the actual
hazards present if they have entered the
safety zone and inform them of the safe
direction to which they should depart.
(c) Regulations.
(1) Under the general safety zone
regulations in subpart C of this part, no
vessel or person may enter or remain in
any safety zone described in paragraph
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3731
(a) of this section unless authorized by
the COTP, or designated representative.
If a vessel or person is notified by the
COTP, or designated representative that
they have entered one of these safety
zones without permission, they are
required to immediately depart in a safe
manner following the directions given.
(2) Mariners requesting to transit this
safety zone must first contact the
designated representative who will be
monitoring VHF–FM channels 13 and
16 while work is ongoing. If permission
is granted, mariners must proceed at
their own risk and strictly observe any
and all instructions provided by the
COTP, or designated representative to
the mariner regarding the conditions of
entry to and exit from any location
within the moving safety zone.
(d) Enforcement. The Sector Virginia
COTP may enforce the regulations in
this section and may be assisted by any
Federal, state, county, or municipal law
enforcement agency.
(e) Enforcement period. This section
will be subject to enforcement from
January 25, 2025, until January 25, 2026.
If cable laying work is completed before
January 25, 2026, or for a different
reason the COTP determines the zone
need no longer be enforced, they will
issue a general permission to enter.
the State and federally-approved rules
and does not impact air quality.
DATES: Comments must be received on
or before February 14, 2025.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2023–0462 to
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
William Stone, Environmental
Protection Agency, Region 7 Office, Air
Permitting and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number: (913) 551–
7714; email address: stone.william@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Dated: December 26, 2024.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the
Port Sector Virginia.
Table of Contents
[FR Doc. 2024–31420 Filed 1–14–25; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2023–0462; FRL–11395–
01–R7]
Air Plan Approval; Kansas; Annual
Emission Inventory and Fees
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State Implementation
Plan (SIP) and Operating Permits
Program and the 112(l)plan submitted
by the State of Kansas on February 20,
2023. The revised Kansas rules update
the Class I emission fee and emissions
inventory regulations, establish a Class
II fee schedule and ensure that Kansas’s
Operating Permits Program is
adequately funded. Approval of these
revisions ensures consistency between
SUMMARY:
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I. Written Comments
II. What is being addressed in this document?
III. What operating permit plan revisions are
being proposed by EPA?
IV. What SIP revisions are being proposed by
EPA?
V. Have the requirements for approval of a
SIP and the operating permit plan
revisions been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2023–
0462, at www.regulations.gov. Once
submitted, comments cannot be edited
or removed from Regulations.gov. The
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
E:\FR\FM\15JAP1.SGM
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]]>Agencies
[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Proposed Rules]
[Pages 3729-3731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31420]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1093]
RIN 1625-AA00
Safety Zone; Cable Laying Corridor, Atlantic Ocean, Virginia
Beach, Virginia
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary moving
safety zone to surround nearshore operations conducted by a cable
laying barge. Cable lay and burial operations will create navigational
hazards moving along a corridor from shore extending seaward 12 NM.
This action is necessary to provide for the safety of life on these
navigable waters near Virginia Beach, Virginia. This proposed
rulemaking would prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port Sector Virginia or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before January 29, 2025. A shorter comment period is
necessary for this rule to provide ample time to review and address
comments on the proposed rule prior to the day the rule is needs to
take effect to protect the public from the hazards it addresses.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-1093 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 LCDR Justin Strassfield, Sector
Virginia, Waterways Management Division, U.S. Coast Guard, Telephone:
(757) 668-5581; or [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CLB Cable Laying Barge
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NM Nautical Miles
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On December 3, 2024, Dominion Energy notified the Coast Guard with
a request for a moving safety zone to encompass the operations
conducted by the CLB ULISSE, to extend 1000-yards from the center of
the barge. The Sector Virgnia COTP has determined that potential
hazards associated with the anchorage arrangements necessary for the
cable laying barge to conduct operations would be a safety concern for
anyone within a 1000-yard radius of the barge.
The purpose of this proposed rulemaking is to ensure the safety of
vessels and the navigable waters within a 1000-yard radius of the CLB
during its operations. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone on January 25,
2025, for 365 days. The safety zone would cover all navigable waters
within 1000 yards of the CBL ULISSE, only while it conducts cable
handling and burial in the Atlantic Ocean beginning roughly 300 yards
from the shore of the State Military Reservation in Virginia Beach,
Virginia out to 12 NM, the U.S. Territorial Seas border. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters during the 365-day period. No vessel or person would
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. Due to the stability required
for the cable laying and burial process, the multipoint anchorage
configurations used are highly dynamic and create large unseen hazards
to navigation requiring someone familiar with the current anchoring
positions to determine if safe transit corridors exist or if a
transiting vessel must avoid the full 1000 yards radius of the zone to
mitigate the hazards present. A designated representative, in
communication with the anchor handling vessels, can communicate these
hazards and possible safe transit corridors, decreasing the burden on
the non-project vessels seeking access through or around the zone. 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 size,
location, and duration of the safety zone. Vessel traffic would be able
to safely transit around this safety zone to the east initially without
losing sight of land and the impact the nearshore recreational boaters
near Rudee Inlet in Virginia Beach, Virginia would be reduced further
as the CLB moves further from shore, providing safe transit options to
the west along the shoreline.
[[Page 3730]]
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 zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
establishment of safety zones to protect the public from hazards
created by cable laying and burial operations, as well as the anchoring
configurations, required for the operations of the CLB ULISSE. Normally
such actions are categorically excluded from further review under
paragraph L[60a] 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-2024-1093 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
[[Page 3731]]
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.T05-1093 to read as follows:
Sec. 165.T05-1093 Safety Zone; Cable Laying Corridor, Atlantic
Ocean, Virginia Beach, Virginia.
(a) Location. The following area is a moving safety zone: Any
navigable waters located within 1000 yards in all directions from the
Cable Laying Barge (CLB) ULISSE while operating off the coast of
Virginia Beach, Virginia while it conducts work within 12 nm of the
shore. The CLB operations will occur within a perimeter enclosed by
positions: 36[deg]49'4.8'' N, 75[deg]57'43.2'' W; 36[deg]49'13.9'' N,
75[deg]42'39.8'' W; 36[deg]47'' 11.7'' N, 75[deg]41'' 50.8'' W and
36[deg]48'' 28.8'' N, 75[deg]57'' 43.2'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Virginia (COTP) in the enforcement of the
safety zone. The term also includes the master of a U.S.-flagged vessel
supporting the CLB ULISSE for the sole purpose of designating and
establishing safe transit corridors, to permit passage into or through
this safety zones, or to notify vessels and individuals of the actual
hazards present if they have entered the safety zone and inform them of
the safe direction to which they should depart.
(c) Regulations.
(1) Under the general safety zone regulations in subpart C of this
part, no vessel or person may enter or remain in any safety zone
described in paragraph (a) of this section unless authorized by the
COTP, or designated representative. If a vessel or person is notified
by the COTP, or designated representative that they have entered one of
these safety zones without permission, they are required to immediately
depart in a safe manner following the directions given.
(2) Mariners requesting to transit this safety zone must first
contact the designated representative who will be monitoring VHF-FM
channels 13 and 16 while work is ongoing. If permission is granted,
mariners must proceed at their own risk and strictly observe any and
all instructions provided by the COTP, or designated representative to
the mariner regarding the conditions of entry to and exit from any
location within the moving safety zone.
(d) Enforcement. The Sector Virginia COTP may enforce the
regulations in this section and may be assisted by any Federal, state,
county, or municipal law enforcement agency.
(e) Enforcement period. This section will be subject to enforcement
from January 25, 2025, until January 25, 2026. If cable laying work is
completed before January 25, 2026, or for a different reason the COTP
determines the zone need no longer be enforced, they will issue a
general permission to enter.
Dated: December 26, 2024.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2024-31420 Filed 1-14-25; 8:45 am]
BILLING CODE 9110-04-P
