3368 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Proposed Rules 

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 § 165.521 to read as follows: 

§ 165.521 Safety Zone[s] Hurricanes, 

Tropical Storms, and other Storms with 

High Winds; Captain of the Port Zone 

Maryland-National Capital Region. 

(a) Regulated Areas: The following 

area is a safety zone: All navigable 

waters, as defined in 33 CFR 2.36 within 

the Captain of the Port Zone (COTP) 

Maryland-National Capital Region, as 

described in 33 CFR 3.25–15, 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: 

Captain of the Port means 

Commander, Coast Guard Sector 

Maryland National Capital Region. 

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. 

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. 

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. 

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. 

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. 

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. 

(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. Also, vessels 

must maintain a continuous listening 

watch on VHF Channel 16. 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. 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. 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. All 

oceangoing tank barges and their 

supporting tugs and all self-propelled 

oceangoing vessels over 500 GT that are 

unable to depart or desire to remain in 

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 and waterways 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 or received 

permission to remain in port. 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, 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) Notification. 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: January 11, 2024. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Maryland-National Capital 

Region. 

[FR Doc. 2024–00875 Filed 1–17–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 281 and 282 

[EPA–R04–UST–2023–0410; FRL–11400– 

01–R4] 

Mississippi: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Proposed Rules 3369 

SUMMARY: The State of Mississippi 

(Mississippi or State) has applied to the 

Environmental Protection Agency (EPA) 

for final approval of revisions to its 

Underground Storage Tank Program 

(UST Program) under subtitle I of the 

Resource Conservation and Recovery 

Act (RCRA). Pursuant to RCRA, the EPA 

is proposing to approve revisions to the 

Mississippi UST Program. This action is 

based on the EPA’s determination that 

the State’s revisions satisfy all 

requirements for UST program approval. 

This action also proposes to codify 

Mississippi’s revised UST Program and 

to incorporate by reference the State 

statutes and regulations that we have 

determined meet the requirements for 

approval. 

DATES: Comments on this proposed rule 

must be received on or before February 

20, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R04– 

UST–2023–0410, by either of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: giri.upendra@epa.gov. 

Include the Docket ID No. EPA–R04– 

UST–2023–0410 in the subject line of 

the message. 

Instructions: Submit your comments, 

identified by Docket ID No. EPA–R04– 

UST–2023–0410, via the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.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 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit: 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The EPA encourages electronic 

submittals and lists all publicly 

available docket materials electronically 

at https://www.regulations.gov. If you 

are unable to make electronic submittals 

or require alternative access to docket 

materials, please contact Upendra Giri, 

the contact listed in the FOR FURTHER

INFORMATION CONTACT provision below. 

The index of the docket and all publicly 

available docket materials for this action 

are available for review at https://

www.regulations.gov. 

Please also contact Upendra Giri if 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you. For 

further information on EPA Docket 

Center services, please visit us online at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Upendra Giri, RCRA Programs and 

Cleanup Branch, Land, Chemicals, and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960; Phone number: (404) 562– 

8185, email address: giri.upendra@

epa.gov. Please contact Upendra Giri by 

phone or email for further information. 

SUPPLEMENTARY INFORMATION: For 

additional information, see the direct 

final rule published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 

List of Subjects in 40 CFR Parts 281 and 

282 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, Incorporation by 

reference, Indian country, Petroleum, 

Reporting and recordkeeping 

requirements, State program approval, 

Underground storage tanks. 

Authority: This document is issued 

under the authority of sections 2002(a), 

9004, and 7004(b) of the Solid Waste 

Disposal Act, as amended, 42 U.S.C. 

6912, 6991c, 6991d, and 6991e. 

Dated: December 21, 2023. 

Jeaneanne M. Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–00170 Filed 1–17–24; 8:45 am] 

BILLING CODE 6560–50–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS