Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Coastal Virginia, 44326-44329 [2021-17187]
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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Proposed Rules
(d) Subject
Air Transport Association (ATA) of
America Code 26, Fire protection.
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.
(e) Unsafe Condition
This AD was prompted by reports of loss
of hydraulic fluid and annunciation of the
check fire detect light. The FAA is issuing
this AD to address insufficient separation
between the advanced pneumatic detector
(APD) sensing line and surrounding
components, which could lead to a hydraulic
leak, loss of hydraulic systems and loss of
fire detection in the main landing gear (MLG)
primary zone should prolonged contact
occur.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) TCCA AD
CF–2021–12, dated April 14, 2021, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2021–0656.
(2) For more information about this AD,
contact Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7300; fax 516–794–5531; email 9-avs-nyacocos@faa.gov.
(3) For service information identified in
this AD, contact De Havilland Aircraft of
Canada Limited, Q-Series Technical Help
Desk, 123 Garratt Boulevard, Toronto,
Ontario M3K 1Y5, Canada; telephone 416–
375–4000; fax 416–375–4539; email thd@
dehavilland.com; internet https://
dehavilland.com. You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspection and Corrective Actions
Within 48 months or 8,000 flight hours,
whichever occurs first after the effective date
of this AD: Do a detailed visual inspection for
chafing and proper clearance of the left- and
right-hand MLG primary zone APD sensing
lines, the hydraulic tube assemblies and the
surrounding structure, and do all applicable
corrective actions, in accordance with
paragraph 3.B. of the Accomplishment
Instructions of De Havilland Aircraft of
Canada Limited Service Bulletin 84–26–20,
Revision A, dated March 9, 2021. Do all
applicable corrective actions before further
flight.
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(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using De Havilland Aircraft
of Canada Limited Service Bulletin 84–26–
20, dated October 21, 2020.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or De Havilland Aircraft of Canada
Limited’s TCCA Design Approval
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Issued on August 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–16935 Filed 8–11–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0623]
RIN 1625–AA00
Safety Zone; M/V ZHEN HUA 24, Crane
Delivery Operation, Chesapeake Bay
and Coastal Virginia
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary moving safety
zone around M/V ZHEN HUA 24 during
its transit through certain waters of the
Chesapeake Bay and Coastal Virginia.
This action is necessary to provide for
the safety of life on these navigable
waters during the movement of the M/
V ZHEN HUA 24 while it is transporting
four new Super-Post Panamax container
cranes to the Port of Baltimore,
anticipated to arrive between September
4, 2021, and September 29, 2021. The
Captain of the Port Virginia has
SUMMARY:
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determined that limited
maneuverability and unique cargo of
this vessel are potential hazardous to
any person or vessel within the
proposed safety zone. This proposed
rulemaking would prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Virginia or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 23, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0623 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander Ashley Holm, Sector
Virginia Waterways Management
division, U.S. Coast Guard; telephone
757–668–5581, email
VirginiaWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
CBBT Chesapeake Bay Bridge-Tunnel
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
On June 28, 2021, Ports America
Chesapeake, LLC notified the Coast
Guard that the M/V ZHEN HUA 24 will
be transporting four new Super-Post
Panamax container cranes to the Port of
Baltimore. The vessel transit is taking
place from Shanghai, China. The M/V
ZHEN HUA 24 is anticipated to arrive
between September 4, 2021, and
September 29, 2021. The current
estimated arrival date is September 5,
2021, but is subject to change. These
cranes will be delivered to, and
installed at, the Seagirt Marine Terminal
at Baltimore, MD.
The cranes exceed the beam of the M/
V ZHEN HUA 24 on the port side by
approximately 129 feet and on the
starboard side by approximately 40 feet.
The total beam for the vessel with the
cranes aboard is approximately 300 feet.
The maximum height of the cranes
aboard the vessel is approximately 326
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feet. This beam width and cargo height
will severely restrict the M/V ZHEN
HUA 24’s ability to maneuver and create
a hazard to navigation if required to
meet or pass other large vessels
transiting the navigation channels.
Because of the size of the cargo and the
width of the navigation channels,
vessels will not be able to transit safely
around the M/V ZHEN HUA 24 at close
distances. During the inbound transit of
the M/V ZHEN HUA 24 the vessel will
travel from sea into the Chesapeake Bay,
crossing the Chesapeake Bay BridgeTunnel (CBBT) and then proceeding
north toward Baltimore. During this
time safety concerns will be heightened
due to the importance of CBBT and the
Chesapeake’s sensitive estuary
environment. Hazards associated with
the movement of a large freight vessel
with an oversized cargo severely
restricted in its ability to maneuver
while transiting confined shipping
channels include injury or loss of life
and damage to property and the
environment resulting from collisions
with other vessels. The COTP Virginia
has determined that potential hazards
associated with the crane delivery
operation would be a safety concern for
any vessel required to transit the
navigation channels in the Chesapeake
Bay and Coastal Virginia that would
meet, pass, or overtake the M/V ZHEN
HUA 24. These hazards can be mitigated
with a 500 yard radius safety zone
around the vessel.
The Coast Guard is requesting that
interested parties provide comments
within a shortened comment period of
10 days instead of the typical 30 days
for this notice of proposed rulemaking.
The Coast Guard believes the 10-day
comment period still provides for a
reasonable amount of time for interested
parties to review the proposal and
provide informed comments on it while
also ensuring that the Coast Guard has
time to review and respond to any
significant comments and has a final
rule in effect in time for the scheduled
event in order to protect against the
identified hazards.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
temporary moving safety zone with a
radius of 500 yards centered around the
M/V ZHEN HUA 24 during the inbound
transit through the territorial sea and the
Chesapeake Bay to Baltimore, MD. The
M/V ZHEN HUA 24 is currently
anticipated to arrive at Baltimore
sometime between September 4, 2021,
and September 29, 2021. The current
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estimated arrival date is September 4,
2021, but is subject to change. The
inbound transit is expected to last
approximately 15 hours.
Enforcement of the safety zone would
begin when M/V ZHEN HUA 24 crosses
the 12-mile line into the U.S.-Territorial
Sea and end when the vessel crosses the
Virginia-Maryland state line. This
enforcement period would be broadcast
to mariners via email, VHF–FM radio
notifications, and by COTP
representatives on scene.
The duration of the zone is intended
to ensure the safety of vessels and
protect the environment and critical
national infrastructure such as the
Chesapeake Bay bridge-tunnel during
the vessels transit to Baltimore. No
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size and duration of the
safety zone, which would impact only
vessel traffic required to transit certain
navigation channels of the Chesapeake
Bay and the Coastal Virginia for an
expected total no more than 15
enforcement-hours. Although these
waterways support both commercial
and recreational vessel traffic, small
portions of the waterway would be
restricted for a small period of time as
the M/V ZHEN HUA 24 transits
northward in the Chesapeake Bay.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone.
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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 proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed rule under that Order and
have determined that it is consistent
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with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves a temporary safety zone
that would prohibit entry within certain
navigable waters of the Chesapeake Bay
and Coastal Virginia. Normally such
actions are categorically excluded from
further review under paragraph L60c of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for the Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble. We seek any comments
or information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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G. Protest Activities
List of Subjects in 33 CFR Part 165
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.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0623 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 1
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.T05–0623 to read as
follows:
■
§ 165.T05–0623 Safety Zone; M/V ZHEN
HUA 24, Crane Delivery Operation,
Chesapeake Bay and Coastal Virginia
(a) Regulated Area. The rule
establishes the following regulated area
as a temporary moving safety zone: All
waters within a 500 yards radius of the
M/V ZHEN HUA 24 during its inbound
transit to Baltimore, MD. Inbound
transit will begin when the M/V ZHEN
HUA enters the U.S. Territorial Sea, as
defined in 33 CFR 2.22(a)(1), and end
when the vessel crosses the VirginiaMaryland State Line in the Chesapeake
Bay, a line starting at a point 38°01′36″
N latitude, 75°14′34″ W longitude, then
south east to a point 37°19′14″ N
latitude, 72°13′13″ W longitude. These
coordinates are based on WGS 84.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Virginia.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Virginia (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) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone at (757)
483–8567 or on Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
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(3) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement period. This section
will be enforced during inbound transit
of the M/V ZHEN HUA 24 through
Coastal Virginia and Chesapeake Bay on
the way to the Port of Baltimore.
Dated: August 6, 2021.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Alternate Captain
of the Port Virginia.
[FR Doc. 2021–17187 Filed 8–11–21; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[GN Docket No. 18–122; GN Docket No. 21–
230; DA 21–958; FRS 42256]
Wireless Telecommunications Bureau
Seek Comment on Implementation of
the Commission’s Incremental
Reduction Plan for Phase I Accelerated
Relocation Payments
Federal Communications
Commission.
ACTION: Request for comment.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
(WTB or Bureau) seeks comment on its
proposed implementation of the
Commission’s incremental reduction
plan for Phase I Accelerated Relocation
Payments (ARP) relating to the ongoing
transition of the 3.7 GHz band. On
August 4, 2021, as directed by the
Commission in the Expanding Flexible
Use of the 3.7 to 4.2 GHz Band Report
and Order, GN Docket No. 18–122,
Report and Order and Order of Proposed
Modification, FCC 20–22 (Mar. 3, 2020)
(3.7 GHz Report and Order), WTB
issued a Public Notice to prescribe the
filing procedures for eligible space
station operators to submit
Certifications of Accelerated Relocation
(Certifications) and stakeholders to
submit related challenges as part of the
Phase I migration of incumbent services
in this band. Related to this process,
WTB hereby seeks comment on its
proposed approach for calculating an
incremental reduction for an eligible
space station operator’s ARP due to its
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SUMMARY:
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failure to meet the Phase I Accelerated
Relocation Deadline. Filers responding
to this Public Notice should submit
comments in GN Docket No. 21–320.
DATES: Interested parties may file
comments on or before August 27, 2021.
ADDRESSES: You may submit
Certification, identified by GN Docket
No. 21–320, by any of the following
methods:
D Electronic Filers: Elections may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/ in docket number GN 21–320.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
D Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
D Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.U.S.
D Postal Service first-class, Express,
and Priority mail must be addressed to
45 L ST NE, Washington, DC 20554.
D Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
D During the time the Commission’s
building is closed to the general public
and until further notice, if more than
one docket or rulemaking number
appears in the caption of a proceeding,
paper filers need not submit two
additional copies for each additional
docket or rulemaking number; an
original and one copy are sufficient.
FOR FURTHER INFORMATION CONTACT:
Susan Mort, Wireless
Telecommunications Bureau, at
Susan.Mort@fcc.gov or 202–418–2429.
SUPPLEMENTARY INFORMATION: This is a
summary of the Public Notice, Wireless
Telecommunications Bureau Seeks
Comment on Implementation of the
Commission’s Incremental Reduction
Plan for Phase I Accelerated Relocation
Payments, GN Docket No. 18–122; GN
Docket No. 21–320; DA 21–958 (Public
Notice), released on August 4, 2021. The
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44329
complete text of the Public Notice, is
available on the Commission’s website
at https://www.fcc.gov/document/wtbseeks-comment-c-band-phase-iincremental-reducation-plan or by using
the search function for GN Docket No.
18–122 or GN Docket No. 21–320 on the
Commission’s ECFS web page at
www.fcc.gov/ecfs.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415 and
1.419, interested parties may file
elections on or before the date indicated
on the first page of this document.
People With Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Ex Parte Rules: This proceeding shall
be treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must: (1) List all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made; and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenters
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the Commission’s rules. In
proceedings governed by § 1.49(f) of the
rules or for which the Commission has
made available a method of electronic
filing, written ex parte presentations
and memoranda summarizing oral ex
parte presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
E:\FR\FM\12AUP1.SGM
12AUP1
]]>Agencies
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Proposed Rules]
[Pages 44326-44329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17187]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0623]
RIN 1625-AA00
Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation,
Chesapeake Bay and Coastal Virginia
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary moving
safety zone around M/V ZHEN HUA 24 during its transit through certain
waters of the Chesapeake Bay and Coastal Virginia. This action is
necessary to provide for the safety of life on these navigable waters
during the movement of the M/V ZHEN HUA 24 while it is transporting
four new Super-Post Panamax container cranes to the Port of Baltimore,
anticipated to arrive between September 4, 2021, and September 29,
2021. The Captain of the Port Virginia has determined that limited
maneuverability and unique cargo of this vessel are potential hazardous
to any person or vessel within the proposed safety zone. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Virginia or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 23, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0623 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Ashley Holm,
Sector Virginia Waterways Management division, U.S. Coast Guard;
telephone 757-668-5581, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
CBBT Chesapeake Bay Bridge-Tunnel
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
On June 28, 2021, Ports America Chesapeake, LLC notified the Coast
Guard that the M/V ZHEN HUA 24 will be transporting four new Super-Post
Panamax container cranes to the Port of Baltimore. The vessel transit
is taking place from Shanghai, China. The M/V ZHEN HUA 24 is
anticipated to arrive between September 4, 2021, and September 29,
2021. The current estimated arrival date is September 5, 2021, but is
subject to change. These cranes will be delivered to, and installed at,
the Seagirt Marine Terminal at Baltimore, MD.
The cranes exceed the beam of the M/V ZHEN HUA 24 on the port side
by approximately 129 feet and on the starboard side by approximately 40
feet. The total beam for the vessel with the cranes aboard is
approximately 300 feet. The maximum height of the cranes aboard the
vessel is approximately 326
[[Page 44327]]
feet. This beam width and cargo height will severely restrict the M/V
ZHEN HUA 24's ability to maneuver and create a hazard to navigation if
required to meet or pass other large vessels transiting the navigation
channels. Because of the size of the cargo and the width of the
navigation channels, vessels will not be able to transit safely around
the M/V ZHEN HUA 24 at close distances. During the inbound transit of
the M/V ZHEN HUA 24 the vessel will travel from sea into the Chesapeake
Bay, crossing the Chesapeake Bay Bridge-Tunnel (CBBT) and then
proceeding north toward Baltimore. During this time safety concerns
will be heightened due to the importance of CBBT and the Chesapeake's
sensitive estuary environment. Hazards associated with the movement of
a large freight vessel with an oversized cargo severely restricted in
its ability to maneuver while transiting confined shipping channels
include injury or loss of life and damage to property and the
environment resulting from collisions with other vessels. The COTP
Virginia has determined that potential hazards associated with the
crane delivery operation would be a safety concern for any vessel
required to transit the navigation channels in the Chesapeake Bay and
Coastal Virginia that would meet, pass, or overtake the M/V ZHEN HUA
24. These hazards can be mitigated with a 500 yard radius safety zone
around the vessel.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 10 days instead of the
typical 30 days for this notice of proposed rulemaking. The Coast Guard
believes the 10-day comment period still provides for a reasonable
amount of time for interested parties to review the proposal and
provide informed comments on it while also ensuring that the Coast
Guard has time to review and respond to any significant comments and
has a final rule in effect in time for the scheduled event in order to
protect against the identified hazards.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary moving safety zone
with a radius of 500 yards centered around the M/V ZHEN HUA 24 during
the inbound transit through the territorial sea and the Chesapeake Bay
to Baltimore, MD. The M/V ZHEN HUA 24 is currently anticipated to
arrive at Baltimore sometime between September 4, 2021, and September
29, 2021. The current estimated arrival date is September 4, 2021, but
is subject to change. The inbound transit is expected to last
approximately 15 hours.
Enforcement of the safety zone would begin when M/V ZHEN HUA 24
crosses the 12-mile line into the U.S.-Territorial Sea and end when the
vessel crosses the Virginia-Maryland state line. This enforcement
period would be broadcast to mariners via email, VHF-FM radio
notifications, and by COTP representatives on scene.
The duration of the zone is intended to ensure the safety of
vessels and protect the environment and critical national
infrastructure such as the Chesapeake Bay bridge-tunnel during the
vessels transit to Baltimore. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size and
duration of the safety zone, which would impact only vessel traffic
required to transit certain navigation channels of the Chesapeake Bay
and the Coastal Virginia for an expected total no more than 15
enforcement-hours. Although these waterways support both commercial and
recreational vessel traffic, small portions of the waterway would be
restricted for a small period of time as the M/V ZHEN HUA 24 transits
northward in the Chesapeake Bay. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed rule under that Order and
have determined that it is consistent
[[Page 44328]]
with the fundamental federalism principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a
temporary safety zone that would prohibit entry within certain
navigable waters of the Chesapeake Bay and Coastal Virginia. Normally
such actions are categorically excluded from further review under
paragraph L60c of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Memorandum for the Record supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0623 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 1 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.T05-0623 to read as follows:
Sec. 165.T05-0623 Safety Zone; M/V ZHEN HUA 24, Crane Delivery
Operation, Chesapeake Bay and Coastal Virginia
(a) Regulated Area. The rule establishes the following regulated
area as a temporary moving safety zone: All waters within a 500 yards
radius of the M/V ZHEN HUA 24 during its inbound transit to Baltimore,
MD. Inbound transit will begin when the M/V ZHEN HUA enters the U.S.
Territorial Sea, as defined in 33 CFR 2.22(a)(1), and end when the
vessel crosses the Virginia- Maryland State Line in the Chesapeake Bay,
a line starting at a point 38[deg]01'36'' N latitude, 75[deg]14'34'' W
longitude, then south east to a point 37[deg]19'14'' N latitude,
72[deg]13'13'' W longitude. These coordinates are based on WGS 84.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Virginia.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Virginia (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) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (757) 483-8567 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
[[Page 44329]]
(3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement period. This section will be enforced during
inbound transit of the M/V ZHEN HUA 24 through Coastal Virginia and
Chesapeake Bay on the way to the Port of Baltimore.
Dated: August 6, 2021.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Alternate Captain of the Port Virginia.
[FR Doc. 2021-17187 Filed 8-11-21; 8:45 am]
BILLING CODE 9110-04-P
