Safety Zone; M/V ZHEN HUA 26 Transit; Everport Container Terminal, San Pedro, California, 32215-32217 [2021-12760]
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Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations
§ 45.15 Other claims procedures and
administrative matters.
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(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
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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:
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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:
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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
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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
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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
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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
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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).
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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
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[FR Doc. 2021–12760 Filed 6–16–21; 8:45 am]
BILLING CODE 9110–04–P
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]]>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
