Safety Zone; Oakland Crane Arrival, San Francisco Bay, Oakland, CA, 33130-33133 [2021-13620]

Download as PDF 33130 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves safety zones limited in duration and size that encompass the areas around visiting tall ships. It is categorically excluded from further review under paragraph L60[a] of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard is amending 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. (b) Location. The following areas are safety zones: All navigable waters of the United States located in Boothbay Harbor within a 25-yard radius of any tall ship. (c) Regulations. (1) No person or vessel is allowed within the safety zones unless authorized by the cognizant Captain of the Port or their Designated Representative. (2) Persons or vessels operating within a confined harbor or channel, where there is not sufficient navigable water outside of a safety zone to safely maneuver are allowed to operate within the safety zone and shall travel at the minimum speed necessary to maintain a safe course. Vessels operating within the safety zones shall not come within 25 yards of a tall ship unless authorized by the cognizant Captain of the Port, their Designated Representative, or the onscene official patrol. (d) Enforcement period. This rule will be enforced from 12:01 a.m. on Friday, June 25, 2021 through 12:01 a.m. on Monday, June 28, 2021. (e) Navigation Rules. The Navigation Rules shall apply at all times within a tall ships safety zone. Dated: June 11, 2021. B.J. LeFebvre, Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New England. [FR Doc. 2021–13477 Filed 6–23–21; 8:45 am] ■ 2. Add § 165.T01–0166 to read as follows: BILLING CODE 9110–04–P § 165.T01–0166 Safety Zone; Tall Ships Boothbay Harbor 2021, Boothbay Harbor, Maine. DEPARTMENT OF HOMELAND SECURITY (a) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘Designated Representative’’ is any Coast Guard Commissioned, Warrant or Petty Officer who has been designated by the Captain of the Port, Sector Northern New England (COTP), to act on his or her behalf. The Designated Representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels. (4) Tall ship. Tall ship means any sailing vessel participating in the Tall Ships Boothbay 2021 within Boothbay Harbor, Maine. Coast Guard PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket No. USCG–2021–0371] RIN 1625–AA00 Safety Zone; Oakland 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 26, scheduled to arrive between June 24, 2021 and July 8, 2021. This safety zone is necessary to protect personnel, vessels, and the marine environment from hazards associated with the ship-to-shore gantry crane, which will extend more than 215 feet out from the transiting vessel and affect the vessel’s stability condition. Unauthorized persons or vessels are prohibited from entering into, transiting SUMMARY: E:\FR\FM\24JNR1.SGM 24JNR1 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations through, or remaining in the safety zone without permission of the Captain of the Port San Francisco or a designated representative. This rule is effective from 12:01 a.m. on June 24, 2021, to 11:59 p.m. July 8, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0371 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 Anthony Solares, Waterways Management, U.S. Coast Guard; telephone (415) 399–7443, email SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port San Francisco DHS Department of Homeland Security § Section U.S.C. United States Code khammond on DSKJM1Z7X2PROD with RULES 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 the vessel’s arrival and transit until June 14, 2021. The Coast Guard must establish this safety zone by June 24, 2021 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 the safety zone must be effective by June 24, 2021 to protect vessels and persons from the dangers associated with the crane arms extending over the water from the M/V VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 ZHEN HUA 26 as it transits a busy waterway. 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 26 between June 24, 2021 and July 8, 2021, will be a safety concern for anyone within a 500-foot radius of the vessel during its transit to the Port of Oakland, 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 26 during its transit to the Everport Container Terminal in Oakland, CA. IV. Discussion of the Rule This rule establishes a temporary safety zone from 12:01 a.m. on June 24, 2021 until 11:59 p.m. on July 8, 2021, during the inbound transit of the M/V ZHEN HUA 26. While the M/V ZHEN HUA 26 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 the ship-to-shore gantry crane arm, which will extend more than 215 feet out from the transiting vessel. The M/V ZHEN HUA 26 may make a temporary stop in anchorage during its transit to the Everport Container Terminal. The vessel would stop temporarily to catch the proper tide window after transiting beneath the San Francisco-Oakland Bay Bridge. The effect of the safety zone is to restrict navigation in the vicinity of the M/V ZHEN HUA 26. 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 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 33131 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. 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. 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). 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 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 temporary safety zone may be small E:\FR\FM\24JNR1.SGM 24JNR1 33132 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 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). khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone 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. 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 1. The authority citation for part 165 continues to read as follows: ■ PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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.T11–055 to read as follows: ■ § 165.T11–055 Safety Zone; Oakland 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 26, 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 the Everport Container Terminal in Oakland, CA. This transit includes a stop at anchorage to assess the safe bridge clearance and transit beneath the San Francisco-Oakland Bay Bridge. (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 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 (415) 399–3547. (d) Enforcement period. This section will be enforced between 12:01 a.m. on June 24, 2021, until 11:59 p.m. on July 8, 2021, during the inbound transit of the M/V ZHEN HUA 26, or as announced via Broadcast Notice to Mariners. E:\FR\FM\24JNR1.SGM 24JNR1 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations (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. Dated: June 22, 2021. Marie B. Byrd, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2021–13620 Filed 6–23–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0420] RIN 1625–AA00 Safety Zone; Clear Lake, Clear Creek, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters within 100 feet of the Pre-Stage Zone, Approach Zone, Course Run Zone and Shut-Down Zone during the Texas Outlaw Challenge in Clear Lake, Clear Creek, TX. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the power boat race. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Houston-Galveston. DATES: This rule is effective from 7 a.m. to 2 p.m. on June 25, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0420 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT James Mitard, Sector HoustonGalveston Waterways Management Division, U.S. Coast Guard; telephone 281–464–4780, email James.V.Mitard@ uscg.mil. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this special local regulation by June 25, 2021 and lack sufficient time to provide a reasonable comment period and then 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. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the power boat race being conducted in the third largest recreational boating community in the nation. 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 Houston-Galveston (COTP) has determined that potential hazards associated with the power boat race on June 25, 2021 in Clear Lake, TX, will be a safety concern for anyone within the Pre-Stage Zone, Approach Zone, Course Run Zone, and Shut-Down Zone before, during, and after the scheduled event. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within these areas during the power boat race. IV. Discussion of the Rule This rule establishes a safety zone from 7 a.m. to 2 p.m. on June 25, 2021. The safety zone will cover all navigable waters within 100 feet of the different zones of the boat course to include the Pre-Stage Zone, Approach Zone, Course Run Zone and Shut-Down Zone. All of these zones along with the Spectator Zone are described below: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 33133 Pre-Stage Zone: This area is the prestaging area for participating vessels to line up. It will include all waters within the following areas 29°33.13 N, 095°01.84 W, 29°33.12 N, 095°01.89 W, 29°33.23 N, 095°01.96 W, 29°33.13 N, 095°01.84 W. Approach Zone: 1⁄4 mile distance required for participating vessels to obtain the minimum 40mph requirement for course entry. This will be a straight line to begin at approximately 29°33.256 N, 095°01.89 W and end at approximately 29°33.33 N, 095°02.15 W. Course Run Zone: 3⁄4 mile distance where participating vessels will conduct their high-speed run. This will be a straight line to begin at approximately 29°33.33 N, 095°02.16 W and end at approximately 29°33.53 N, 095°02.98 W. Shut-Down Zone: 1 mile distance where participating vessels will be allowed to slow their speeds back to an idle. This will be a straight line to begin at approximately 29°33.53 N, 095°02.98 W and end at approximately 29°33.74 N, 095°04.1 W. Spectator Zone: All vessels that will be viewing the event will be required to stay within a designated area. The sponsor is responsible for marking the spectator zone with 4 buoys on the outer corners and ensuring that all vessels within the area are anchored and remain in the area during all ongoing highspeed runs. No vessel or person would be permitted to enter the established zones without obtaining permission from the on-water Safety-Officer or designated representative. If permission to transit the area is granted, the person must comply with the directions of the onwater Safety Officer or 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. 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. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33130-33133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13620]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0371]
RIN 1625-AA00


Safety Zone; Oakland Crane Arrival, San Francisco Bay, Oakland, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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 26, scheduled to arrive between June 24, 2021 and July 8, 
2021. This safety zone is necessary to protect personnel, vessels, and 
the marine environment from hazards associated with the ship-to-shore 
gantry crane, which will extend more than 215 feet out from the 
transiting vessel and affect the vessel's stability condition. 
Unauthorized persons or vessels are prohibited from entering into, 
transiting

[[Page 33131]]

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 June 24, 2021, to 
11:59 p.m. July 8, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0371 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 Anthony Solares, Waterways Management, U.S. Coast 
Guard; telephone (415) 399-7443, 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 the vessel's arrival and transit until 
June 14, 2021. The Coast Guard must establish this safety zone by June 
24, 2021 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 the safety 
zone must be effective by June 24, 2021 to protect vessels and persons 
from the dangers associated with the crane arms extending over the 
water from the M/V ZHEN HUA 26 as it transits a busy waterway.

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 26 between June 24, 2021 and July 8, 2021, 
will be a safety concern for anyone within a 500-foot radius of the 
vessel during its transit to the Port of Oakland, 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 26 during its transit to the 
Everport Container Terminal in Oakland, CA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 12:01 a.m. on 
June 24, 2021 until 11:59 p.m. on July 8, 2021, during the inbound 
transit of the M/V ZHEN HUA 26. While the M/V ZHEN HUA 26 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 the ship-to-shore gantry crane arm, which will 
extend more than 215 feet out from the transiting vessel.
    The M/V ZHEN HUA 26 may make a temporary stop in anchorage during 
its transit to the Everport Container Terminal. The vessel would stop 
temporarily to catch the proper tide window after transiting beneath 
the San Francisco-Oakland Bay Bridge.
    The effect of the safety zone is to restrict navigation in the 
vicinity of the M/V ZHEN HUA 26. 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.

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. 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).
    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 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 
temporary safety zone may be small

[[Page 33132]]

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.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone 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. 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.T11-055 to read as follows:


Sec.  165.T11-055  Safety Zone; Oakland 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 26, 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 the Everport Container 
Terminal in Oakland, CA. This transit includes a stop at anchorage to 
assess the safe bridge clearance and transit beneath the San Francisco-
Oakland Bay Bridge.
    (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 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 (415) 399-3547.
    (d) Enforcement period. This section will be enforced between 12:01 
a.m. on June 24, 2021, until 11:59 p.m. on July 8, 2021, during the 
inbound transit of the M/V ZHEN HUA 26, or as announced via Broadcast 
Notice to Mariners.

[[Page 33133]]

    (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.

    Dated: June 22, 2021.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-13620 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P