Safety Zone; Wando Terminal Crane Movement; Charleston, SC, 55502-55504 [2019-22566]
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<![CDATA[
55502
Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Rules and Regulations
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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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.
VerDate Sep<11>2014
16:10 Oct 16, 2019
Jkt 250001
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 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 lasting 1 hour that will prohibit
entry into the safety zone from MM 59.5
to MM 60.5 on the Kanawha River It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
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 Ohio Valley in the enforcement
of the safety zone.
(d) Regulations. Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Ohio Valley or a
designated representative. Persons or
vessels desiring to enter into or pass
through the zone must request
permission from the Captain of the Port
Ohio Valley or a designated
representative. They may be contacted
on VHF–FM radio channel 16 or phone
at 1–800–253–7465.
Dated: October 10, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–22547 Filed 10–16–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
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:
[Docket Number USCG–2019–0741]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
SUMMARY:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0814 to read as
follows:
■
§ 165.T08–0814 Safety Zone; Kanawha
River, Charleston, WV.
(a) Location. The following area is a
safety zone: All navigable waters on the
Kanawha River from MM 59.5 to MM
60.5.
(b) Enforcement period. This section
will be enforced from 6:15 p.m. through
7:15 p.m. on October 24, 2019.
(c) Definitions. As used in this
section, designated representative
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RIN 1625–AA00
Safety Zone; Wando Terminal Crane
Movement; Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone in the Port of Charleston, SC
around the vessel ZHEN HUA 28. This
temporary safety zone is necessary to
provide for the safety of waterway users
and the M/V ZHEN HUA 28 during the
vessel’s transit into the Port of
Charleston, its stay at Columbus Street
Terminal, and its transit to, and stay at,
Wando Terminal. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Charleston.
DATES: This rule is effective on October
16, 2019 through October 28, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0741 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
E:\FR\FM\17OCR1.SGM
17OCR1
Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Rules and Regulations
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Chad Ray, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email Chad.L.Ray@
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impractical. We must establish this
safety zone by October 16, and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule
because the details of the event were not
provided to the Coast Guard until
September 27, 2019. It is also contrary
to the public interest as it would delay
the planning and implementation of
safety measures necessary to protect the
public and mariners from the hazards
associated with the transit of the M/V
ZHEN HUA 28.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
transit of the M/V ZHEN HUA 28.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port (COTP) Charleston
has determined that potential hazards
associated with navigation and dockside
VerDate Sep<11>2014
16:10 Oct 16, 2019
Jkt 250001
operations of the M/V ZHEN HUA 28
starting October 16, 2019, will be a
safety concern for anyone within a 100yard radius of the M/V ZHEN HUA 28.
Due to the size of the cranes aboard the
vessel and the vessel’s limited ability to
maneuver, this rule is necessary to
protect persons and vessels within the
safety zone.
IV. Discussion of the Rule
This rule establishes a temporary
moving safety zone upon the arrival of
the vessel ZHEN HUA 28 in the
Charleston Harbor on October 16, 2019
through October 28, 2019,
encompassing all navigable waters from
the surface to the sea floor within a 100yard radius of the M/V ZHEN HUA 28
while the vessel is underway, moored,
or anchored in the Sector Charleston
Captain of the Port (COTP) Zone. No
vessel or person is permitted to enter
the safety zone without first obtaining
permission from the COTP or a
designated representative. Sector
Charleston may be contacted on VHF–
FM radio channel 16 or via telephone at
(843) 740–7050.
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
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. The size of
the zone is limited to a 100-yard
radius—the minimum size necessary to
provide adequate protection for
personnel and vessels in the area. The
temporary safety zone is limited in
duration as it will only be in place
while the vessel is transiting, moored or
anchored within the Sector Charleston
COTP Zone. Once the vessel departs the
PO 00000
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55503
Sector Charleston COTP Zone, the rule
will no longer be enforced.
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 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
E:\FR\FM\17OCR1.SGM
17OCR1
55504
Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Rules and Regulations
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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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 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
temporary safety zone that will prohibit
entry within a 100-yard radius of the
vessel, M/V ZHEN HUA 28, during the
vessel’s transit, mooring and anchoring
in the Sector Charleston COTP Zone. It
is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
VerDate Sep<11>2014
16:10 Oct 16, 2019
Jkt 250001
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
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, 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:
■
Mariners, and on-scene designated
representatives.
(d) Enforcement periods. This section
is effective beginning upon the arrival of
the vessel ZHEN HUA 28 in the
Charleston Harbor on October 16, 2019,
through October 28, 2019. This rule will
be enforced while M/V ZHEN HUA 28
is underway, moored, or anchored in
the Sector Charleston Captain of the
Port Zone.
Dated: October 10, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2019–22566 Filed 10–16–19; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Domestic Competitive Products
Pricing and Mailing Standards
Changes
2. Add § 165.T07–0741 to read as
follows:
AGENCY:
§ 165.T07–0741 Safety Zone; Wando
Terminal Crane Movement; Charleston, SC.
The Postal Service is
amending Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM®), to reflect changes
to prices and mailing standards for
competitive products.
DATES: Effective Date: January 26, 2020.
FOR FURTHER INFORMATION CONTACT: Tom
Foti at (202) 268–2931 or Garry
Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: This final
rule describes new prices and product
features for competitive products, by
class of mail, established by the
Governors of the United States Postal
Service®. New prices are available
under Docket Number CP2020–5 on the
Postal Regulatory Commission PRC
website at https://www.prc.gov, and on
the Postal Explorer® website at https://
pe.usps.com.
The Postal Service will revise Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM),
to reflect changes to prices and mailing
standards for the following competitive
products:
• Priority Mail Express®.
• Priority Mail®.
• First-Class Package Service®.
• Parcel Select®.
• USPS Retail Ground®.
• Extra Services.
• Return Services.
• Mailer Services.
• Recipient Services.
• Other.
■
(a) Regulated area. The following
regulated area is a moving safety zone:
All waters of the Charleston Harbor,
Cooper River, and Wando River in
Charleston, SC within a 100-yard radius
around the outer most points of the
M/V ZHEN HUA 28 while the vessel is
underway, moored or anchored.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the COTP Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter the
safety zone, contact the COTP or the
COTP’s designated representative by
telephone at (843) 740–7050 or on VHF–
FM radio channel 16. Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletin, Local
Notice to Mariners, Broadcast Notice to
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ACTION:
Postal ServiceTM.
Final rule.
SUMMARY:
E:\FR\FM\17OCR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Pages 55502-55504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22566]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0741]
RIN 1625-AA00
Safety Zone; Wando Terminal Crane Movement; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
in the Port of Charleston, SC around the vessel ZHEN HUA 28. This
temporary safety zone is necessary to provide for the safety of
waterway users and the M/V ZHEN HUA 28 during the vessel's transit into
the Port of Charleston, its stay at Columbus Street Terminal, and its
transit to, and stay at, Wando Terminal. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Charleston.
DATES: This rule is effective on October 16, 2019 through October 28,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0741 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 55503]]
Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Chad Ray, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impractical. We must establish
this safety zone by October 16, and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule because the details of the event were not provided to
the Coast Guard until September 27, 2019. It is also contrary to the
public interest as it would delay the planning and implementation of
safety measures necessary to protect the public and mariners from the
hazards associated with the transit of the M/V ZHEN HUA 28.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to respond to the potential safety hazards associated with
the transit of the M/V ZHEN HUA 28.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP)
Charleston has determined that potential hazards associated with
navigation and dockside operations of the M/V ZHEN HUA 28 starting
October 16, 2019, will be a safety concern for anyone within a 100-yard
radius of the M/V ZHEN HUA 28. Due to the size of the cranes aboard the
vessel and the vessel's limited ability to maneuver, this rule is
necessary to protect persons and vessels within the safety zone.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone upon the
arrival of the vessel ZHEN HUA 28 in the Charleston Harbor on October
16, 2019 through October 28, 2019, encompassing all navigable waters
from the surface to the sea floor within a 100-yard radius of the M/V
ZHEN HUA 28 while the vessel is underway, moored, or anchored in the
Sector Charleston Captain of the Port (COTP) Zone. No vessel or person
is permitted to enter the safety zone without first obtaining
permission from the COTP or a designated representative. Sector
Charleston may be contacted on VHF-FM radio channel 16 or via telephone
at (843) 740-7050.
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 necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. The size of the zone is
limited to a 100-yard radius--the minimum size necessary to provide
adequate protection for personnel and vessels in the area. The
temporary safety zone is limited in duration as it will only be in
place while the vessel is transiting, moored or anchored within the
Sector Charleston COTP Zone. Once the vessel departs the Sector
Charleston COTP Zone, the rule will no longer be enforced.
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 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
[[Page 55504]]
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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
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 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 temporary safety zone that will
prohibit entry within a 100-yard radius of the vessel, M/V ZHEN HUA 28,
during the vessel's transit, mooring and anchoring in the Sector
Charleston COTP Zone. It is categorically excluded from further review
under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
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
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, 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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0741 to read as follows:
Sec. 165.T07-0741 Safety Zone; Wando Terminal Crane Movement;
Charleston, SC.
(a) Regulated area. The following regulated area is a moving safety
zone: All waters of the Charleston Harbor, Cooper River, and Wando
River in Charleston, SC within a 100-yard radius around the outer most
points of the M/V ZHEN HUA 28 while the vessel is underway, moored or
anchored.
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the COTP Charleston in the enforcement of the regulated
areas.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter the safety zone, contact the COTP
or the COTP's designated representative by telephone at (843) 740-7050
or on VHF-FM radio channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletin, Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.
(d) Enforcement periods. This section is effective beginning upon
the arrival of the vessel ZHEN HUA 28 in the Charleston Harbor on
October 16, 2019, through October 28, 2019. This rule will be enforced
while M/V ZHEN HUA 28 is underway, moored, or anchored in the Sector
Charleston Captain of the Port Zone.
Dated: October 10, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2019-22566 Filed 10-16-19; 8:45 am]
BILLING CODE 9110-04-P
