Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Rules and Regulations 73291 

authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Key West or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners via VHF–FM channel 16, or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. until 5 p.m. 

on September 28, 2024. 

Dated: September 5, 2024. 

J.D. Ingram, 

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

Port Key West. 

[FR Doc. 2024–20384 Filed 9–9–24; 8:45 am] 

BILLING CODE 9110–04–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 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing 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. 

DATES: This rule is effective October 10, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0251 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LCDR Owen 

Mims, Chief Waterways Management 

Division, U.S. Coast Guard; 215–271– 

4814, SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 

II. Background Information and 

Regulatory History 

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. 

On May 28, 2024, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Hurricanes, Tropical Storms, and Other 

Storms With High Winds; Captain of the 

Port Zone Sector Delaware Bay (89 FR 

46043). There, we stated why we issued 

the NPRM and invited comments on our 

proposed regulatory action related to 

this safety zone. During the comment 

period that ended June 27, 2024, we 

received two comments. 

III. Legal Authority and Need for Rule 

As noted above, Delaware, New 

Jersey, and Pennsylvania are subject to 

hurricanes and other storms generating 

high winds from year to year. This rule 

is necessary to protect mariners, port 

infrastructure, and the environment 

during and after these severe weather 

events. The Coast Guard is issuing this 

rule under authority in 46 U.S.C. 70034. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published May 

28, 2024. One comment expressed 

support for the rule and did not 

recommend any changes. The other did 

not address the subject matter of the 

rule. We are finalizing the regulatory 

text of this rule without changes from 

the text proposed in the NPRM. 

This rule establishes 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 provides for 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 will 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 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 rule, the COTP retains 

flexibility in exercising control over 

vessel traffic during periods of heavy 

weather, and the rule allows for the 

expedited resumption of the MTS 

following such events. The safety zone 

consists 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 

appears at the end of this document. 

V. Regulatory Analyses 

We developed this 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 


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73292 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Rules and Regulations 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule 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, this rule 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 Sector 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 received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will 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 V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

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 rule. If the 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will 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 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 rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this 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 

determined 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 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. It is 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 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. 

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. 

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 amends 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) of 

this section. 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. 


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Rules and Regulations 73293 

(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. 

(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 

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, 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: Sept. 3, 2024. 

Kate F. Higgins-Bloom, 

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

Port, Sector Delaware Bay. 

[FR Doc. 2024–20391 Filed 9–9–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2023–0330; FRL–4908.1– 

02–OAR] 

RIN 2060–AV20 

Review of Final Rule Reclassification 

of Major Sources as Area Sources 

Under Section 112 of the Clean Air Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finalizing 

requirements for sources that reclassify 

from major source status to area source 

status under the National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) program. The requirements 

of this final rule apply to all sources that 

choose to reclassify after September 10, 

2024. The final amendments include a 

requirement that sources subject to 

certain major source NESHAP used to 

meet the Agency’s obligations under the 

Clean Air Act (CAA) for seven specific 

persistent and bioaccumulative 

pollutants must remain subject to those 

NESHAP even if the sources reclassify 

to area source status. This requirement 

is based on the EPA’s analysis of the 

statute and of comments received on the 

EPA’s 2023 proposal to amend 

requirements for NESHAP-regulated 

sources that choose to reclassify from 

major to area source status. These final 

amendments will assure that sources 

accounting for not less than 90 per 

centum of the aggregate emissions of 

each persistent and bioaccumulative 

hazardous air pollutant (HAP) listed in 


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