[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