[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Pages 55502-55504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22566]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0741]
RIN 1625-AA00


Safety Zone; Wando Terminal Crane Movement; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
in the Port of Charleston, SC around the vessel ZHEN HUA 28. This 
temporary safety zone is necessary to provide for the safety of 
waterway users and the M/V ZHEN HUA 28 during the vessel's transit into 
the Port of Charleston, its stay at Columbus Street Terminal, and its 
transit to, and stay at, Wando Terminal. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Charleston.

DATES: This rule is effective on October 16, 2019 through October 28, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0741 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket

[[Page 55503]]

Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Chad Ray, 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
FR Federal Register
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 it is impractical. We must establish 
this safety zone by October 16, and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule because the details of the event were not provided to 
the Coast Guard until September 27, 2019. It is also contrary to the 
public interest as it would delay the planning and implementation of 
safety measures necessary to protect the public and mariners from the 
hazards associated with the transit of the M/V ZHEN HUA 28.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to respond to the potential safety hazards associated with 
the transit of the M/V ZHEN HUA 28.

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) 
Charleston has determined that potential hazards associated with 
navigation and dockside operations of the M/V ZHEN HUA 28 starting 
October 16, 2019, will be a safety concern for anyone within a 100-yard 
radius of the M/V ZHEN HUA 28. Due to the size of the cranes aboard the 
vessel and the vessel's limited ability to maneuver, this rule is 
necessary to protect persons and vessels within the safety zone.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone upon the 
arrival of the vessel ZHEN HUA 28 in the Charleston Harbor on October 
16, 2019 through October 28, 2019, encompassing all navigable waters 
from the surface to the sea floor within a 100-yard radius of the M/V 
ZHEN HUA 28 while the vessel is underway, moored, or anchored in the 
Sector Charleston Captain of the Port (COTP) Zone. No vessel or person 
is permitted to enter the safety zone without first obtaining 
permission from the COTP or a designated representative. Sector 
Charleston may be contacted on VHF-FM radio channel 16 or via telephone 
at (843) 740-7050.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The size of the zone is 
limited to a 100-yard radius--the minimum size necessary to provide 
adequate protection for personnel and vessels in the area. The 
temporary safety zone is limited in duration as it will only be in 
place while the vessel is transiting, moored or anchored within the 
Sector Charleston COTP Zone. Once the vessel departs the Sector 
Charleston COTP Zone, the rule will no longer be enforced.

B. Impact on Small Entities

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

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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 call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

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 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a temporary safety zone that will 
prohibit entry within a 100-yard radius of the vessel, M/V ZHEN HUA 28, 
during the vessel's transit, mooring and anchoring in the Sector 
Charleston COTP Zone. It is categorically excluded from further review 
under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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

    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: 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.T07-0741 to read as follows:


Sec.  165.T07-0741  Safety Zone; Wando Terminal Crane Movement; 
Charleston, SC.

    (a) Regulated area. The following regulated area is a moving safety 
zone: All waters of the Charleston Harbor, Cooper River, and Wando 
River in Charleston, SC within a 100-yard radius around the outer most 
points of the M/V ZHEN HUA 28 while the vessel is underway, moored or 
anchored.
    (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 COTP Charleston in the enforcement of the regulated 
areas.
    (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 the safety zone, contact the COTP 
or the COTP's designated representative by telephone at (843) 740-7050 
or on VHF-FM radio channel 16. 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 Bulletin, Local Notice to Mariners, Broadcast 
Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement periods. This section is effective beginning upon 
the arrival of the vessel ZHEN HUA 28 in the Charleston Harbor on 
October 16, 2019, through October 28, 2019. This rule will be enforced 
while M/V ZHEN HUA 28 is underway, moored, or anchored in the Sector 
Charleston Captain of the Port Zone.

    Dated: October 10, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2019-22566 Filed 10-16-19; 8:45 am]
BILLING CODE 9110-04-P