Safety Zone; Oakland Ship-to-Shore Crane Arrival, San Francisco Bay, Oakland, CA, 78232-78234 [2020-26686]

Download as PDF 78232 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations Impact on Small Entities The Regulatory Flexibility Act (RFA) (5 U.S.C. 601, et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This final rule allows housing counseling agencies to continue to operate as they currently do during the COVID–19 emergency. Therefore, the undersigned certifies that this final rule will not have a significant impact on a substantial number of small entities. Executive Order 13132, Federalism Executive Order 13132 (entitled ‘‘Federalism’’) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This final rule does not have federalism implications and does not impose substantial direct compliance costs on state and local governments nor preempt state law within the meaning of the Executive order. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance (CFDA) Program number for the Housing Counseling Program is 14.169. List of Subjects in 24 CFR Part 214 Administrative practice and procedure; Loan program-housing and community development; Organization and functions (government agencies); Reporting and recordkeeping requirements. PART 214—HOUSING COUNSELING PROGRAM Dana T. Wade, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. 2020–26194 Filed 12–3–20; 8:45 am] BILLING CODE 4210–67–P VerDate Sep<11>2014 16:15 Dec 03, 2020 Jkt 253001 Coast Guard 33 CFR Part 165 [Docket No. USCG–2020–0540] RIN 1625–AA00 Safety Zone; Oakland Ship-to-Shore Crane Arrival, San Francisco Bay, Oakland, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of the San Francisco Bay during the transit of the M/V ZHEN HUA 35, scheduled to arrive between December 6, 2020 and December 20, 2020. This safety zone is necessary to protect personnel, vessels, and the marine environment from heavy equipment which will be extending more than 200 feet over the water from the vessel. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port San Francisco or a designated representative. DATES: This rule is effective from 12:01 a.m. on December 6, 2020 until 11:59 p.m. on December 20, 2020, or as announced via Broadcast Notice to Mariners. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0540 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Jennae Cotton, Waterways Management, U.S. Coast Guard; telephone (415) 399–3585, email SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations Accordingly, for the reasons stated in the preamble, the interim rule amending 24 CFR part 214 that was published at 85 FR 47300 (August 5, 2020) is adopted without change. ■ DEPARTMENT OF HOMELAND SECURITY CFR Code of Federal Regulations COTP Captain of the Port San Francisco DHS Department of Homeland Security § 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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 with respect to this rule because it is impracticable. The Coast Guard did not receive final details for this event until November 20, 2020. The Coast Guard must establish this safety zone by December 6, 2020 and lacks sufficient time to provide a reasonable comment period and consider those comments before issuing the rule. 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. It is contrary to the public interest to delay the effective date of this rule because we need to have the safety zone in place to protect vessels and persons from the dangers associated with the crane arms extending over the water from the M/V ZHEN HUA 35 between December 6, 2020 and December 20, 2020 while the vessel is shoreward of the line drawn between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8 until the vessel arrives at Berth 57 in Oakland, CA. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port San Francisco has determined that potential hazards associated with the transit of the M/V ZHEN HUA 35 between December 6, 2020 and December 20, 2020, will be a safety concern for anyone within a 500foot radius of the vessel during its transit to Oakland, Berth 57, while the vessel is within the San Francisco Bay and areas shoreward of the line drawn between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively. For this reason, a safety zone is needed to protect personnel, vessels, and the marine environment in the navigable waters around the M/V ZHEN HUA 35 during its transit to Berth 57 at the Oakland International Container Terminal in Oakland, CA. E:\FR\FM\04DER1.SGM 04DER1 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations IV. Discussion of the Rule A. Regulatory Planning and Review This rule establishes a safety zone from 12:01 a.m. on December 6, 2020 until 11:59 p.m. on December 20, 2020, during the inbound transit of the M/V ZHEN HUA 35. While the M/V ZHEN HUA 35 is within the San Francisco Bay and areas shoreward of the line drawn between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions 37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively, the safety zone will encompass the navigable waters around and under the vessel, from surface to bottom, within a circle formed by connecting all points 500 feet out from the vessel. The safety zone is needed to protect personnel, mariners, and vessels from hazards associated with ship-to-shore crane arms which will extend more than 200 feet out from the transiting vessel. This loading configuration is necessary in order for the vessel to pass safely under the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge. The M/V ZHEN HUA 35 will make a temporary stop in Anchorage 9 during its transit to the Oakland International Container Terminal. The vessel will stop temporarily for the crew to make adjustments to the cargo so the vessel can safely moor at Berth 57 in Oakland, CA. The cargo adjustments will include raising three ship-to-shore crane arms to an upright position which will facilitate mooring. The effect of the safety zone is to restrict navigation in the vicinity of the M/V ZHEN HUA 35. Except for persons or vessels authorized by the COTP or the COTP’s designated representative, no person or vessel may enter or remain in the restricted area. ‘‘Designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the safety zone. This regulation is needed to keep vessels away from the immediate vicinity of the M/V ZHEN HUA 35 to ensure the safety of mariners and transiting vessels. 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 limited duration and narrowly tailored geographic area of the safety zone. This safety zone impacts a 500-foot-radius area of the San Francisco Bay in San Francisco, CA for a limited duration. While the safety zone encompasses a two week period to account for uncertain transit delays of the M/V ZHEN HUA 35, the safety zone will only be enforced for the duration of the vessel’s inbound transit, which is expected to last less than 24 hours. Vessels desiring to transit through the safety zone may do so upon express permission from the COTP or the COTP’s designated representative. 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. VerDate Sep<11>2014 16:15 Dec 03, 2020 Jkt 253001 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 temporary 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 78233 compliance, please contact 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. If you believe this rule has implications for federalism or Indian tribes, please contact 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 E:\FR\FM\04DER1.SGM 04DER1 78234 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 2. Add § 165.T11–035 to read as follows: San Francisco Bay, from surface to bottom, within a circle formed by connecting all points 500 feet out from the vessel, M/V ZHEN HUA 35, during the vessel’s inbound transit from a line drawn between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions 37°46.9′ N, 122°35.4′ W (NAD 83) and 37°46.5′ N, 122°35.2′ W (NAD 83), respectively, to Berth 57 at the Oakland International Container Terminal in Oakland, CA. (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 or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart B 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) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP’s designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the 24-hour Command Center at telephone (415) 399–3547. (d) Enforcement period. This section will be enforced between 12:01 a.m. on December 6, 2020 until 11:59 p.m. on December 20, 2020 during the inbound transit of the M/V ZHEN HUA 35, or as announced via Broadcast Notice to Mariners. (e) Information broadcasts. The COTP or the COTP’s designated representative will notify the maritime community of periods during which this zone will be enforced, in accordance with 33 CFR 165.7. § 165.T11–035 Safety Zone; Oakland Shipto-Shore Crane Arrival, San Francisco Bay, Oakland, CA Howard H. Wright, Captain, U.S. Coast Guard, Alternate Captain of the Port, San Francisco. (a) Location. The following area is a safety zone: all navigable waters of the [FR Doc. 2020–26686 Filed 12–3–20; 8:45 am] $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 U.S. Coast Guard Environmental Planning Policy, 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 which prevents entry to a 500-foot radius area of the San Francisco Bay for a limited period of time during a vessel’s inbound transit. It is categorically excluded from further review under paragraph L60(a) in Table 3–1 of Department of Homeland Security Directive 023–01. 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 contact 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; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. ■ VerDate Sep<11>2014 16:15 Dec 03, 2020 Jkt 253001 BILLING CODE 9110–04–P PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 POSTAL SERVICE 39 CFR Part 501 Authorization To Manufacture and Distribute Postage Evidencing Systems Postal ServiceTM. ACTION: Final rule. AGENCY: In this final rule, the Postal Service withdraws all authorizations to distribute (decertifies) Postage Evidencing Systems (PES) that are not producing compliant Intelligent Mail Indicia (IMI) on June 30, 2024. IMI compliant PES are defined in the IMI Performance Criteria (IMI–PC) and produce only IMI-Minimum (IMI–MIN), IMI-Standard (IMI–STD), and IMIMaximum (IMI–MAX) indicia constructs (as stated in the IMI–PC). All PES that are not IMI–PC compliant, also referenced as Phase VI–IBI and Phase VII–PC Postage (collectively Phase VI and Phase VII PES), will become decertified Postage Evidencing Systems on June 30, 2024. The decertified Postage Evidencing Systems must be withdrawn from service by December 31, 2024. As of December 31, 2024, the decertified PES must be marked inactive in the USPS PES management systems, including in the National Meter Accounting and Tracking System (NMATS). Postage indicia printed by Decertified PES will no longer be considered valid postage for use or refunds after June 30, 2025. DATES: This final rule is effective December 4, 2020. FOR FURTHER INFORMATION CONTACT: Ezana Dessie, Principal Business Systems Analyst, Ezana.Dessie@ usps.gov, (202) 268–5686. SUPPLEMENTARY INFORMATION: In response to a notice of proposed rulemaking (85 FR 30671, May 20, 2020) to decertify and withdraw all nonIntelligent Mail Indicia (IMI) compliant Postage Evidencing Systems (PES) by June 30, 2024, the Postal Service received industry comments and feedback. The comments and feedback can be grouped into three areas: (I) Requests for an extension on the proposed dates for both the withdrawal of Decertified PES and the decertification of non IMI-postage indicia; (II) provision of more specificity on IMI–PC compliance and clarification on several items related to the decertification; and (III) additional clarification on the support the Postal Service will provide to the PES providers on the PES migration (from Information Based Indicia Program SUMMARY: E:\FR\FM\04DER1.SGM 04DER1

Agencies

[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Rules and Regulations]
[Pages 78232-78234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26686]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0540]
RIN 1625-AA00


Safety Zone; Oakland Ship-to-Shore Crane Arrival, San Francisco 
Bay, Oakland, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the San Francisco Bay during the transit of the M/V 
ZHEN HUA 35, scheduled to arrive between December 6, 2020 and December 
20, 2020. This safety zone is necessary to protect personnel, vessels, 
and the marine environment from heavy equipment which will be extending 
more than 200 feet over the water from the vessel. Unauthorized persons 
or vessels are prohibited from entering into, transiting through, or 
remaining in the safety zone without permission of the Captain of the 
Port San Francisco or a designated representative.

DATES: This rule is effective from 12:01 a.m. on December 6, 2020 until 
11:59 p.m. on December 20, 2020, or as announced via Broadcast Notice 
to Mariners.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0540 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Jennae Cotton, Waterways Management, U.S. Coast Guard; 
telephone (415) 399-3585, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
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 with 
respect to this rule because it is impracticable. The Coast Guard did 
not receive final details for this event until November 20, 2020. The 
Coast Guard must establish this safety zone by December 6, 2020 and 
lacks sufficient time to provide a reasonable comment period and 
consider those comments before issuing the rule.
    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. It is contrary to the public 
interest to delay the effective date of this rule because we need to 
have the safety zone in place to protect vessels and persons from the 
dangers associated with the crane arms extending over the water from 
the M/V ZHEN HUA 35 between December 6, 2020 and December 20, 2020 
while the vessel is shoreward of the line drawn between San Francisco 
Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship 
Channel Lighted Whistle Buoy 8 until the vessel arrives at Berth 57 in 
Oakland, CA.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San 
Francisco has determined that potential hazards associated with the 
transit of the M/V ZHEN HUA 35 between December 6, 2020 and December 
20, 2020, will be a safety concern for anyone within a 500-foot radius 
of the vessel during its transit to Oakland, Berth 57, while the vessel 
is within the San Francisco Bay and areas shoreward of the line drawn 
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San 
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) 
in positions 37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 
122[deg]35.2' W, respectively. For this reason, a safety zone is needed 
to protect personnel, vessels, and the marine environment in the 
navigable waters around the M/V ZHEN HUA 35 during its transit to Berth 
57 at the Oakland International Container Terminal in Oakland, CA.

[[Page 78233]]

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:01 a.m. on December 6, 
2020 until 11:59 p.m. on December 20, 2020, during the inbound transit 
of the M/V ZHEN HUA 35. While the M/V ZHEN HUA 35 is within the San 
Francisco Bay and areas shoreward of the line drawn between San 
Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main 
Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions 
37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W, 
respectively, the safety zone will encompass the navigable waters 
around and under the vessel, from surface to bottom, within a circle 
formed by connecting all points 500 feet out from the vessel. The 
safety zone is needed to protect personnel, mariners, and vessels from 
hazards associated with ship-to-shore crane arms which will extend more 
than 200 feet out from the transiting vessel. This loading 
configuration is necessary in order for the vessel to pass safely under 
the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge.
    The M/V ZHEN HUA 35 will make a temporary stop in Anchorage 9 
during its transit to the Oakland International Container Terminal. The 
vessel will stop temporarily for the crew to make adjustments to the 
cargo so the vessel can safely moor at Berth 57 in Oakland, CA. The 
cargo adjustments will include raising three ship-to-shore crane arms 
to an upright position which will facilitate mooring.
    The effect of the safety zone is to restrict navigation in the 
vicinity of the M/V ZHEN HUA 35. Except for persons or vessels 
authorized by the COTP or the COTP's designated representative, no 
person or vessel may enter or remain in the restricted area. 
``Designated representative'' means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel or a Federal, State, or local officer 
designated by or assisting the Captain of the Port San Francisco (COTP) 
in the enforcement of the safety zone. This regulation is needed to 
keep vessels away from the immediate vicinity of the M/V ZHEN HUA 35 to 
ensure the safety of mariners and transiting vessels.

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 limited 
duration and narrowly tailored geographic area of the safety zone. This 
safety zone impacts a 500-foot-radius area of the San Francisco Bay in 
San Francisco, CA for a limited duration. While the safety zone 
encompasses a two week period to account for uncertain transit delays 
of the M/V ZHEN HUA 35, the safety zone will only be enforced for the 
duration of the vessel's inbound transit, which is expected to last 
less than 24 hours. Vessels desiring to transit through the safety zone 
may do so upon express permission from the COTP or the COTP's 
designated representative.

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 
temporary 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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact 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

[[Page 78234]]

$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 U.S. Coast Guard Environmental Planning Policy, 
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 which 
prevents entry to a 500-foot radius area of the San Francisco Bay for a 
limited period of time during a vessel's inbound transit. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of Department of Homeland Security Directive 023-01. 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 contact 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

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.T11-035 to read as follows:


Sec.  165.T11-035  Safety Zone; Oakland Ship-to-Shore Crane Arrival, 
San Francisco Bay, Oakland, CA

    (a) Location. The following area is a safety zone: all navigable 
waters of the San Francisco Bay, from surface to bottom, within a 
circle formed by connecting all points 500 feet out from the vessel, M/
V ZHEN HUA 35, during the vessel's inbound transit from a line drawn 
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San 
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) 
in positions 37[deg]46.9' N, 122[deg]35.4' W (NAD 83) and 37[deg]46.5' 
N, 122[deg]35.2' W (NAD 83), respectively, to Berth 57 at the Oakland 
International Container Terminal in Oakland, CA.
    (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 or a Federal, State, or local officer designated by or 
assisting the Captain of the Port San Francisco (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart B 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) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Persons and vessels may request permission to enter the 
safety zone on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Enforcement period. This section will be enforced between 12:01 
a.m. on December 6, 2020 until 11:59 p.m. on December 20, 2020 during 
the inbound transit of the M/V ZHEN HUA 35, or as announced via 
Broadcast Notice to Mariners.
    (e) Information broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which this zone will be enforced, in accordance with 33 CFR 165.7.

Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco.
[FR Doc. 2020-26686 Filed 12-3-20; 8:45 am]
BILLING CODE 9110-04-P
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