[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Rules and Regulations]
[Pages 51798-51800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18599]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0746]
RIN 1625-AA00


Safety Zone; M/V Zhenhuan 14 Wando Terminal Crane Movement; 
Charleston, SC

AGENCY: Coast Guard, DHS.

[[Page 51799]]


ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a 100 yard temporary moving 
safety zone around the M/V Zhenhuan 14 during its inbound and outbound 
transit as well as all movements in between the Charleston Harbor 
entrance buoy and the Wando Welch Terminal on the Charleston Harbor, 
and Wando River, Charleston, SC. The M/V Zhenhuan 14 will be 
transporting 5 gantry cranes between the dates of August 5, 2016 
through August 17, 2016. The safety zone is necessary to protect the 
public from hazards associated with transporting the large cranes. 
Persons and vessels are prohibited from entering, transiting through, 
anchoring in, or remaining within the safety zone unless authorized by 
the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from August 5, 2016 through August 17, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2016-0746 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 Lieutenant John Downing, Sector Charleston Office of 
Waterways Management, Coast Guard; telephone (843) 740-3184, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
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 (NPRM) 
with respect to this rule because the Coast Guard was notified of this 
situation only 10 days prior to the vessel arrival. It is impracticable 
to publish a NPRM because we must establish this safety zone by August 
5, 2016 to protect vessels and people in the vicinity of the M/V 
Zhenhuan 14's transit.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the safety hazards associated 
with the transit of the M/V Zhenhuan 14.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Charleston (COTP) has determined that 
potential hazards associated with the Transit of the M/V Zhenhuan 14 
will be a safety concern for anyone within a 100-yard radius around the 
outer most points of the vessel. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the vessel is transiting.
    The legal basis for this rule is the Coast Guard's Authority to 
establish a safety zone: 33 U.S.C. 1231. The purpose of the proposed 
rule is to ensure safety of life on the navigable water of the United 
States during the transit of the M/V Zhenhuan 14.

IV. Discussion of the Rule

    This rule establishes a safety zone on August 5, 2016 through 
August 17, 2016 during all movements of the M/V Zhenhuan 14 with its 
cranes in the downward position. The vessel is 815 ft long with a beam 
of 450 ft with the cranes in the downward position. The safety zone 
will cover all navigable waters within a 100-yard radius around the 
outer most points of the vessel. The duration of the zone is intended 
to protect personnel, vessels, and the marine environment while the 
vessel is transiting the Charleston Harbor, and Wando River, 
Charleston, SC. 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) Although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from the Captain of the Port Charleston or a 
designated representative, they will be able to operate in the 
surrounding area during the enforcement periods; (2) persons and 
vessels will still be able to enter, transit through, anchor in, or 
remain within the regulated area if authorized by the Captain of the 
Port Charleston or a designated representative; and (3) the Coast Guard 
will provide advance notification of the regulated area to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental

[[Page 51800]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact 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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 rule involves a temporary safety zone, that will 
prohibit entry within a 100-yard radius around the outer most points of 
the vessel.

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

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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:  33 U.S.C. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation 
No. 0170.1.


0
2 . Add a temporary Sec.  165.T07-0746 to read as follows:


Sec.  100.T07-0746  Safety Zone; M/V Zhenhuan 14 Wando Terminal Crane 
Movement; Charleston, SC.

    (a) Regulated area. The following regulated area is a moving safety 
zone: All waters of the Charleston Harbor and Wando Rivers within a 100 
yard radius around the outer most points of the M/V Zhenhuan 14 while 
the cranes are in the downward position. The safety zone will start in 
Charleston Harbor, in approximate position 32[deg]46'10'' N., 
79[deg]55'15'' W. and transit to the Wando Welch Terminal, in position 
32[deg]50'02'' N., 79[deg]53'29'' W. During the outbound transit the M/
V Zhenhuan 14 will proceed from the Wando Welch Terminal in approximate 
position 32[deg]50'02'' N., 79[deg]53'29'' W. to the Charleston Harbor 
entrance in approximate position 32[deg]46'10'' N., 79[deg]55'15'' W. 
All coordinates are North American Datum 1983.
    (b) Definition. As used in this section, ``designated 
representative'' means Coast Guard Patrol Commanders, including Coast 
Guard coxswains, petty officers, and other officers operating Coast 
Guard vessels, and Federal, state, and local officers designated by or 
assisting the Captain of the Port Charleston in the enforcement of the 
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a 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 period. This rule will be enforced when the M/V 
Zhenhuan 14 is transiting Charleston Harbor between August 5, 2016 
through 17, 2016.

    Dated: August 1, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-18599 Filed 8-4-16; 8:45 am]
 BILLING CODE 9110-04-P