Safety Zone; M/V ZHEN HUA 26 Transit; Everport Container Terminal, San Pedro, California, 32215-32217 [2021-12760]

Download as PDF Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations § 45.15 Other claims procedures and administrative matters. lotter on DSK11XQN23PROD with RULES1 (a) Payment of damages. In the event damages are awarded, the claimant or the claimant’s estate is entitled to payment of those damages. (b) Communication through counsel. If the claimant is represented by counsel, all communications will be through the claimant’s counsel. (c) Remedies for filing false claims or making false statements. Remedies available to the United States for filing false claims with Federal agencies or making false statements to Federal agencies and officials are applicable to claims and statements made in connection with claims under this part. Applicable authorities include 31 U.S.C. 3729 and 18 U.S.C. 1001. False claims and claims supported by false statements will be denied. (d) Reports to the Defense Health Agency. As provided in section 2733a(e), not later than 30 calendar days after a Final Determination of medical malpractice or the payment of all or a portion of a claim under this part, a report documenting that determination is sent to the Director, Defense Health Agency to be used for all necessary and appropriate purposes, including those actions undertaken as part of DoD’s Clinical Quality Management Program. (e) Monitoring claims adjudications under this part. The General Counsel of the Defense Health Agency will monitor the performance of the claims adjudications structures and procedures under this part, including accounting for the number of claims processed under this part and the resolution of each claim and identifying means to enhance the effectiveness of the claims adjudication process. (f) Authority for actions under this part. To ensure consistency and compliance with statutory requirements, supplementation of the procedures in this part is not permitted without approval in writing by the General Counsel of the Department of Defense. The General Counsel of the Department of Defense, under DoD Directive 5145.01, ‘‘General Counsel of the Department of Defense,’’ may delegate in writing authority for making Initial and Final Determinations, and other actions by DoD officials under this part. As used in this part, and at DoD’s discretion, ‘‘DoD’’ may include, but is not limited to, Military Departments. Dated: June 14, 2021. Patricia L. Toppings, OSD Federal Register Liaison, Department of Defense. [FR Doc. 2021–12815 Filed 6–16–21; 8:45 am] BILLING CODE 5001–06–P VerDate Sep<11>2014 17:19 Jun 16, 2021 Jkt 253001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2021–0390] Safety Zones; Annual Event in the Captain of the Port Buffalo Zone Coast Guard, Department of Homeland Security (DHS). ACTION: Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce a safety zone located in Federal regulations for a recurring marine event. This action is necessary and intended for the safety of life and property on navigable waters during these events. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo. DATES: The regulations in 33 CFR 165.939, Table 165.939, entry (a)(1), will be enforced from 9:45 p.m. to 11:15 p.m. on June 18, 2021. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email LCDR William Fitzgerald, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216–937–0124, email william.j.fitzgerald@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zones; Annual Events in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939, Table 165.939, entry (a)(1), in Vermillion, OH, on all U.S. waters within a 420 foot radius of the fireworks launch site located at position 41°25′45″ N and 082°21′54″ W, (NAD 83) for the Festival of the Fish. Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within the safety zone during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or a designated representative. Those seeking permission to enter the safety zone may request permission from the Captain of Port Buffalo via channel 16, VHF–FM. Vessels and persons granted permission to enter the safety zone shall obey the directions of the Captain of the Port Buffalo or a designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notification of enforcement is issued under authority of 33 CFR SUMMARY: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 32215 165.939 and 5 U.S.C. 552(a). In addition to this notification of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners or Local Notice to Mariners. If the Captain of the Port Buffalo determines that the safety zone need not be enforced for the full duration stated in this notification she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone. Lexia M. Littlejohn, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2021–12840 Filed 6–16–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0383] RIN 1625–AA00 Safety Zone; M/V ZHEN HUA 26 Transit; Everport Container Terminal, San Pedro, California Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The U.S. Coast Guard is establishing a temporary moving safety zone around the M/V ZHEN HUA 26 while it transits through the navigation channel during its transit to Everport Container Terminal, Berth 227, in San Pedro, California. This safety zone is necessary to protect personnel, vessels, and the marine environment from hazards associated with the arms of three ship-to-shore gantry cranes which will extend more than 200 feet out from the transiting vessel when the arms are lowered, and from the vessel’s stability condition due to an air draft greater than 300 feet when the cranes are in the up position. 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 Los AngelesLong Beach or a designated representative. SUMMARY: This rule is effective without actual notice from June 17, 2021, through 11:59 p.m. on June 21, 2021. For the purposes of enforcement, actual notice will be from 12:01 a.m. on June 11, 2021, until June 17, 2021. DATES: E:\FR\FM\17JNR1.SGM 17JNR1 32216 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0383 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 about this rulemaking, call or email LCDR Maria Wiener, U.S. Coast Guard Sector Los Angeles-Long Beach; telephone (310) 357–1603, email maria.c.wiener@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security Pub. L. Public Law § Section U.S.C. United States Code lotter on DSK11XQN23PROD with RULES1 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 received notification and details of the transit on May 15, 2021, and therefore lacks sufficient time to provide a reasonable comment period and respond to comments. 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 the safety zone must be effective by June 11, 2021 to protect vessels and persons during the upcoming transit. 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 Los Angeles-Long Beach has determined that potential hazards associated with the transit of the M/V ZHEN HUA 26 between June 11, 2021 through June 21, 2021, will be a safety concern for anyone within a VerDate Sep<11>2014 17:19 Jun 16, 2021 Jkt 253001 500-foot radius of the vessel during its transit to Everport Container Terminal, Berth 227, while the vessel is within the Port of Los Angeles-Long Beach and the waters inside the Federal breakwaters bounding San Pedro Bay or on the waters within three nautical miles seaward of the Federal breakwaters, respectively. The effect of the safety zone is to restrict navigation in the vicinity of the M/V ZHEN HUA 26. 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 26 during its transit to Berth 227 at the Everport Container Terminal in San Pedro, CA. IV. Discussion of the Rule This rule establishes a temporary safety zone from 12:01 a.m. on June 11, 2021 through 11:59 p.m. on June 21, 2021 during the transit of the M/V ZEN HUA 26. While the M/V ZHEN HUA 26 is within the Port of Los Angeles-Long Beach and the waters inside the Federal breakwaters bounding San Pedro Bay or on the waters within three nautical miles seaward of the Federal breakwaters, respectively, the safety zone will encompass the navigable waters around and under the vessel, form 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 gantry crane arms which will extend more than 200 feet out from the transiting vessel. Vessel traffic will be able to safely transit around the M/V ZHEN HUA 26 and the safety zone. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone. 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 Port of Los Angeles-Long Beach and the waters inside the Federal breakwaters bounding San Pedro Bay or on the waters within three nautical miles seaward of the Federal breakwaters, respectively for a limited duration. While the safety zone encompasses a eleven-day period to account for uncertain transit delays of the M/V ZHEN HUA 26, 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, and that period will be announced via Broadcast Notice to Mariners. 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 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 E:\FR\FM\17JNR1.SGM 17JNR1 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations 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). lotter on DSK11XQN23PROD with RULES1 D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 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 E.O. 13132. Also, this rule does not have tribal implications under E.O. 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 Management Directive 023–01, Rev. 1, VerDate Sep<11>2014 17:19 Jun 16, 2021 Jkt 253001 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 establishment of a temporary safety zone, limited in duration and size. This rule is categorically excluded from further review under paragraph L60(a) of Section L of the Department of Homeland Security Instruction Manual 023–01–001–01 (series). A Record of Environmental Consideration (REC) supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. 32217 ■ waters within three nautical miles seaward of the Federal breakwaters, respectively. (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 Los Angeles-Long Beach (COTP) in the enforcement of the safety zone. (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) 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 (310) 521–3801. (d) Enforcement period. This section will be enforced from 12:01 a.m. on June 11, 2021 through 11:59 p.m. on June 21, 2021, during the inbound and outbound transit of the M/V ZHEN HUA 26 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 § 165.7. § 165.T11–056 Safety Zone; Los Angeles Ship-to-Shore Crane Arrival, Los AngelesLong Beach, CA. Dated: June 10, 2021. R.E. Ore, Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach. 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. 2. Add § 165.T11–056 to read as follows: (a) Location. The following area is a safety zone: all navigable waters of the port of Los Angeles-Long Beach, from surface to bottom, within a circle formed by connecting all points 500 feet out from the vessel, M/V ZHEN HUA 26, during the vessel’s transit within the Port of Los Angeles-Long Beach and the waters inside the Federal breakwaters bounding San Pedro Bay or on the PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 [FR Doc. 2021–12760 Filed 6–16–21; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\17JNR1.SGM 17JNR1

Agencies

[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Rules and Regulations]
[Pages 32215-32217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12760]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0383]
RIN 1625-AA00


Safety Zone; M/V ZHEN HUA 26 Transit; Everport Container 
Terminal, San Pedro, California

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Coast Guard is establishing a temporary moving safety 
zone around the M/V ZHEN HUA 26 while it transits through the 
navigation channel during its transit to Everport Container Terminal, 
Berth 227, in San Pedro, California. This safety zone is necessary to 
protect personnel, vessels, and the marine environment from hazards 
associated with the arms of three ship-to-shore gantry cranes which 
will extend more than 200 feet out from the transiting vessel when the 
arms are lowered, and from the vessel's stability condition due to an 
air draft greater than 300 feet when the cranes are in the up position. 
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 Los Angeles-Long Beach or a designated 
representative.

DATES: This rule is effective without actual notice from June 17, 2021, 
through 11:59 p.m. on June 21, 2021. For the purposes of enforcement, 
actual notice will be from 12:01 a.m. on June 11, 2021, until June 17, 
2021.

[[Page 32216]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0383 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 about this 
rulemaking, call or email LCDR Maria Wiener, U.S. Coast Guard Sector 
Los Angeles-Long Beach; telephone (310) 357-1603, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
Pub. L. Public Law
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 
received notification and details of the transit on May 15, 2021, and 
therefore lacks sufficient time to provide a reasonable comment period 
and respond to comments.
    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 the safety 
zone must be effective by June 11, 2021 to protect vessels and persons 
during the upcoming transit.

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 Los Angeles-
Long Beach has determined that potential hazards associated with the 
transit of the M/V ZHEN HUA 26 between June 11, 2021 through June 21, 
2021, will be a safety concern for anyone within a 500-foot radius of 
the vessel during its transit to Everport Container Terminal, Berth 
227, while the vessel is within the Port of Los Angeles-Long Beach and 
the waters inside the Federal breakwaters bounding San Pedro Bay or on 
the waters within three nautical miles seaward of the Federal 
breakwaters, respectively. The effect of the safety zone is to restrict 
navigation in the vicinity of the M/V ZHEN HUA 26. 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 26 during 
its transit to Berth 227 at the Everport Container Terminal in San 
Pedro, CA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 12:01 a.m. on 
June 11, 2021 through 11:59 p.m. on June 21, 2021 during the transit of 
the M/V ZEN HUA 26. While the M/V ZHEN HUA 26 is within the Port of Los 
Angeles-Long Beach and the waters inside the Federal breakwaters 
bounding San Pedro Bay or on the waters within three nautical miles 
seaward of the Federal breakwaters, respectively, the safety zone will 
encompass the navigable waters around and under the vessel, form 
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 gantry crane arms which will extend more than 200 feet out from 
the transiting vessel.
    Vessel traffic will be able to safely transit around the M/V ZHEN 
HUA 26 and the safety zone. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule allows vessels to seek permission to enter the zone.

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 Port of Los Angeles-
Long Beach and the waters inside the Federal breakwaters bounding San 
Pedro Bay or on the waters within three nautical miles seaward of the 
Federal breakwaters, respectively for a limited duration. While the 
safety zone encompasses a eleven-day period to account for uncertain 
transit delays of the M/V ZHEN HUA 26, 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, and that period will be announced 
via Broadcast Notice to Mariners. 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 
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

[[Page 32217]]

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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 
Management 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 establishment of a temporary safety 
zone, limited in duration and size. This rule is categorically excluded 
from further review under paragraph L60(a) of Section L of the 
Department of Homeland Security Instruction Manual 023-01-001-01 
(series). A Record of Environmental Consideration (REC) 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 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.T11-056 to read as follows:


Sec.  165.T11-056  Safety Zone; Los Angeles Ship-to-Shore Crane 
Arrival, Los Angeles-Long Beach, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters of the port of Los Angeles-Long Beach, from surface to bottom, 
within a circle formed by connecting all points 500 feet out from the 
vessel, M/V ZHEN HUA 26, during the vessel's transit within the Port of 
Los Angeles-Long Beach and the waters inside the Federal breakwaters 
bounding San Pedro Bay or on the waters within three nautical miles 
seaward of the Federal breakwaters, respectively.
    (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 Los Angeles-Long Beach (COTP) in the 
enforcement of the safety zone.
    (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) 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 (310) 521-3801.
    (d) Enforcement period. This section will be enforced from 12:01 
a.m. on June 11, 2021 through 11:59 p.m. on June 21, 2021, during the 
inbound and outbound transit of the M/V ZHEN HUA 26 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 Sec.  165.7.

    Dated: June 10, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach.
[FR Doc. 2021-12760 Filed 6-16-21; 8:45 am]
BILLING CODE 9110-04-P