Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Coastal Virginia, 48025-48027 [2021-18525]
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, or Safety
Marine Information Broadcasts, as
appropriate.
Dated: August 24, 2021.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Corpus Christi.
[FR Doc. 2021–18581 Filed 8–26–21; 8:45 am]
BILLING CODE 9110–04–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.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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 begin transit of the
Chesapeake Bay on August 31, 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 safety
zone. This rulemaking prohibits persons
and vessels from being in the safety
zone unless authorized by the Captain
of the Port Virginia or a designated
representative.
DATES: This rule is effective August 30,
2021 through September 29, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, 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:
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SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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15:58 Aug 26, 2021
Jkt 253001
48025
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
purpose of this rule is to ensure safety
of vessels and protect the environment
and critical national infrastructure such
as the Chesapeake Bay bridge-tunnel
(CBBT) during the vessel’s transit to
Baltimore.
II. Background Information and
Regulatory History
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 from
Shanghai, China, to the Port of
Baltimore. These cranes will be
delivered to, and installed at, the Seagirt
Marine Terminal at Baltimore, MD. In
response, on August 12, 2021, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone:
M/V ZHEN HUA 24, Crane Delivery
Operation, Chesapeake Bay and Coastal
Virginia, 86 FR 44328. There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action. During the comment period that
ended August 23, 2021, we received no
comments. When the NPRM was
published, the M/V ZHEN HUA 24 was
estimated to arrive between September
4, 2021, and September 29, 2021. This
arrival date has been moved up due to
changes in shipping schedules and is
now scheduled to begin its inbound
transit on August 31, 2021, but this date
is still subject to change.
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 impracticable and
contrary to the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the transit of the M/V
ZHEN HUA 24 to Baltimore, MD, which
is expected to occur prior to the 30 day
time period. Actual notice of
enforcement of this rule will be
provided via Broadcast Notice to
Mariners and VHF–FM radio
transmissions.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 12, 2021. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes 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
safety zone will be enforced when the
M/V ZHEN HUA 24 enters the U.S.
Territorial Sea, as defined in 33 CFR
2.22(a)(1), and enforcement will end
when the vessel crosses the VirginiaMaryland State Line in the Chesapeake
Bay. The M/V ZHEN HUA 24 is
expected to begin its inbound transit
through the Chesapeake Bay on August
31, 2021, but this is subject to change.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters for the duration of the
vessel’s transit estimated to last 15
hours. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). 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 yards radius
safety zone around the vessel. The
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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 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
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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 received no comments
from the Small Business Administration
on this rulemaking. 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 call or email 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.
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15:58 Aug 26, 2021
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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
involves a temporary safety zone that
would prohibit entry within certain
navigable waters of the Chesapeake Bay
and Coastal Virginia within a 500 yards
radius of the M/V ZHEN HUA 24. It is
categorically excluded from further
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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.
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 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. 00170.1, Revision No. 01.2.
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 in33 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
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
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.
(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 24, 2021.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Acting Captain
of the Port Virginia.
[FR Doc. 2021–18525 Filed 8–26–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0634]
RIN 1625–AA00
Safety Zone; Sodus Point Labor Day
Fireworks Display; Sodus Bay; Sodus
Point, NY
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 840-feet
radius of land launched fireworks in
Sodus bay in Sodus Point, NY. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
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SUMMARY:
VerDate Sep<11>2014
15:58 Aug 26, 2021
Jkt 253001
created by a fireworks display. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Buffalo or a designated representative.
DATES: This rule is effective September
4, 2021, from 9:15 p.m. through 10:15
p.m.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0634 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email MST2 Anthony Urbana, U.S.
Coast Guard Sector Buffalo, via
telephone 716–843–9342 or email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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 the event
sponsor notified the Coast Guard with
insufficient time to accommodate the
comment period. Delaying the effective
date of this rule would be contrary to
the public interest and the rule’s
objectives of protecting the safety of life
on the navigable waters, including
protection of persons and vessels in
vicinity of the fireworks display. It is
impracticable to publish an NPRM
because we must establish this safety
zone by September 4, 2021. Delay of the
effective date would inhibit the Coast
Guard’s ability to protect spectators and
vessels from the hazards associated with
a fireworks display with an expected
fall-out area over the water.
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48027
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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
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 (COTP) Buffalo has
determined that fireworks over the
water presents significant risks to public
safety and property. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
fireworks display is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9:15 p.m. through 10:15 p.m. on
September 4, 2021. The safety zone will
cover all navigable waters within a 840feet radius of land launched fireworks
in Sodus bay in Sodus Point, NY. The
duration of the zone is intended to
protect spectators, vessels, and the
marine environment in these navigable
waters during the fireworks display. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP Buffalo or a
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
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
safety zone will encompass a 840-feet
radius of barge launched fireworks in
Sodus Bay in Sodus Point, NY. lasting
approxiamately 1 hour during the
evening when vessel traffic is normally
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]]>Agencies
[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Rules and Regulations]
[Pages 48025-48027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18525]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 begin transit of the Chesapeake Bay on August 31, 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 safety zone. This rulemaking
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Virginia or a designated
representative.
DATES: This rule is effective August 30, 2021 through September 29,
2021.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
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 from Shanghai, China, to the Port of
Baltimore. These cranes will be delivered to, and installed at, the
Seagirt Marine Terminal at Baltimore, MD. In response, on August 12,
2021, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Safety Zone: M/V ZHEN HUA 24, Crane Delivery Operation,
Chesapeake Bay and Coastal Virginia, 86 FR 44328. There we stated why
we issued the NPRM, and invited comments on our proposed regulatory
action. During the comment period that ended August 23, 2021, we
received no comments. When the NPRM was published, the M/V ZHEN HUA 24
was estimated to arrive between September 4, 2021, and September 29,
2021. This arrival date has been moved up due to changes in shipping
schedules and is now scheduled to begin its inbound transit on August
31, 2021, but this date is still subject to change.
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 impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with the transit of the M/V ZHEN HUA 24 to
Baltimore, MD, which is expected to occur prior to the 30 day time
period. Actual notice of enforcement of this rule will be provided via
Broadcast Notice to Mariners and VHF-FM radio transmissions.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231). 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 yards radius safety zone around the vessel. The
purpose of this rule is to ensure safety of vessels and protect the
environment and critical national infrastructure such as the Chesapeake
Bay bridge-tunnel (CBBT) during the vessel's transit to Baltimore.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 12, 2021. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes 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 safety zone will be enforced when the M/V ZHEN HUA
24 enters the U.S. Territorial Sea, as defined in 33 CFR 2.22(a)(1),
and enforcement will end when the vessel crosses the Virginia- Maryland
State Line in the Chesapeake Bay. The M/V ZHEN HUA 24 is expected to
begin its inbound transit through the Chesapeake Bay on August 31,
2021, but this is subject to change. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters for
the duration of the vessel's transit estimated to last 15 hours. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a 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 Office of Management and Budget
(OMB).
This regulatory action determination is based on 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
[[Page 48026]]
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 received no comments from the Small Business
Administration on this rulemaking. 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
call or email 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
involves a temporary safety zone that would prohibit entry within
certain navigable waters of the Chesapeake Bay and Coastal Virginia
within a 500 yards radius of the M/V ZHEN HUA 24. It is 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.
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 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.
00170.1, Revision No. 01.2.
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 in33 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
[[Page 48027]]
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.
(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 24, 2021.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Acting Captain of the Port Virginia.
[FR Doc. 2021-18525 Filed 8-26-21; 8:45 am]
BILLING CODE 9110-04-P
