3366 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0834] 

RIN 1625–AA00 

Safety Zone; Storms With High Winds; 

Sector Maryland-National Capital 

Region Captain of the Port Zone 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a safety zone for the 

navigable waters of the Sector 

Maryland-National Capital Region 

Captain of the Port (COTP) Zone, to be 

enforced whenever hurricanes, tropical 

storms, and other storms with high 

winds are expected. This action is taken 

to ensure the safety of these waters. It 

would establish actions to be completed 

by industry and vessels within the 

Zone, both in anticipation of hurricanes, 

tropical storms, and other severe high 

wind weather events threatening the 

State of Maryland, and after landfall. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 20, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0834 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call, or email LCDR Kate 

Newkirk, Sector Maryland-NCR, 

Waterways Management Division, U.S. 

Coast Guard; telephone 410–365–8141, 

email Kate.M.Newkirk@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

MTS Marine Transportation System 

II. Background, Purpose, and Legal 

Basis 

Maryland has the potential to be 

affected by hurricanes and tropical 

storms on a yearly basis, especially 

between the months of June and 

November. Additionally, severe storms 

generating high winds and rough seas 

are also common in the winter months. 

The Sector Maryland-National Capital 

Region COTP proposes establishing a 

safety zone to protect mariners, port 

infrastructure, and the environment 

during and after these severe weather 

events. The Coast Guard is proposing 

this rulemaking under authority in 46 

U.S.C. 70034. 

III. Discussion of Proposed Rule 

The Coast Guard proposes to establish 

a safety zone on the navigable waters of 

the Sector Maryland-National Capital 

Region COTP Zone during hurricanes, 

tropical storms, and other storms with 

high winds. This safety zone would 

establish actions to be completed by 

local industry and vessels in the COTP 

zone both prior to landfall of hurricanes, 

tropical storms, and other storms with 

high winds threatening the MarylandNational Capital Region COTP Zone, 

and in the aftermath of landfall. Port 

Conditions (WHISKEY, X–RAY, 

YANKEE, ZULU, and RECOVERY) are 

standardized terms for states of 

operation instituted by the COTP, which 

are clearly communicated to port 

facilities, vessels, and members of the 

Marine Transportation System (MTS). 

Actions to be taken by vessels is 

provided in the language of the 

proposed rule. In addition, ports and 

waterfront facilities are encouraged to 

act when specific Port Conditions are 

declared. Under Port Condition 

WHISKEY, ports and waterfront 

facilities shall remove all debris and 

secure potential flying hazards. Upon a 

declaration that Port Condition X–RAY 

is in effect, port facilities shall ensure 

that potential flying debris and 

hazardous materials are removed, and 

that loose cargo and cargo equipment is 

secured. Upon a declaration of Port 

Condition YANKEE, terminal operators 

should terminate all cargo operations 

not associated with storm preparations. 

All facilities shall continue to operate in 

accordance with approved Facility 

Security Plans (as defined in 33 CFR 

101.105), and as further described in 33 

CFR 105.400 to 105.415), and to comply 

with all applicable requirements of the 

Maritime Transportation Security Act of 

2002 (46 U.S.C. Chapter 701). 

Under the proposed rule, the COTP 

would retain flexibility in controlling 

and reconstituting vessel traffic, during 

periods of heavy weather, and it would 

allow for the expedited resumption of 

the MTS following such events. The 

proposed safety zone would consist of 

all waters within the territorial seas 

within the Sector Maryland-National 

Capital Region COTP Zone, as defined 

in 33 CFR 3.25–15. Portions of the safety 

zone might be activated at different 

times, as conditions dictated. Notice of 

Port Conditions and their requirements 

would be given via Marine Safety 

Information Bulletins (MSIBs) and 

Broadcast Notice to Mariners (BNMs). 

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 Maryland-National Capital Region 

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 


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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Proposed Rules 3367 

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 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 a safety zone that would 

prohibit entry in certain waters of the 

Sector Maryland-National Capital 

Region 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. 

(a) Submitting Comments: We 

encourage you to submit comments 

through the Federal Decision-Making 

Portal at https://www.regulations.gov. 

To do so, go to https://

www.regulations.gov, type USCG–2023– 

0834 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. 

(b) 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. 

(c) 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: 


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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. 


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