[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47384-47386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18151]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0414]
RIN 1625-AA00


Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation, 
Chesapeake Bay and Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Chesapeake Bay and Patapsco River. 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. 
M/V ZHEN HUA 24 is anticipated to arrive between August 26, 2021 and 
September 15, 2021. This rulemaking will prohibit persons and vessels 
from being in the safety zone unless authorized by the Captain of the 
Port Maryland-National Capital Region or a designated representative.

DATES: This rule is effective from August 26, 2021, to September 15, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0414 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST3 Melissa Kelly, Sector Maryland-NCR, Waterways 
Management Division, U.S. Coast Guard: telephone (410) 576-2596, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    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

[[Page 47385]]

Baltimore. The vessel transit is taking place from Shanghai, China. The 
M/V ZHEN HUA 24 is anticipated to arrive between August 26, 2021, and 
September 15, 2021. The current estimated arrival date is September 2, 
2021, but is subject to change. These cranes will be delivered to, and 
installed at, the Seagirt Marine Terminal at Baltimore, MD. Prior to 
transiting to Baltimore, MD, the vessel will arrive in the Chesapeake 
Bay near Annapolis, MD, to anchor and conduct appropriate cargo 
configuration for transit. In response, on July 27, 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 
Patapsco River, Baltimore, MD. There, we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
scheduled transit. During the comment period that ended August 11, 
2021, we received no comments.
    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. It is impracticable and contrary 
to the public interest to delay the effective date of this rule, 
because the safety zone must be effective by August 26, 2021, to 
protect vessels and persons from the dangers associated with the crane 
arms extending over the water from the M/V ZHEN HUA 24 as it transits a 
busy waterway.

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 Maryland-
National Capital Region (COTP) has determined that potential hazards 
associated with the crane delivery operation will be a safety concern 
for any vessel required to transit the navigation channels in the 
Chesapeake Bay and the Patapsco River that will meet, pass, or overtake 
the M/V ZHEN HUA 24. These hazards include the maximum height of the 
cranes aboard the vessel and the beam width of these cranes, which 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. The purpose of this rule is to 
protect personnel, vessels, and the marine environment in the navigable 
waters around the M/V ZHEN HUA 24 during its transit to the Seagirt 
Marine Terminal in Baltimore, MD.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
27, 2021. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone during the inbound transit of 
the M/V ZHEN HUA 24. The M/V ZHEN HUA 24 is currently anticipated to 
arrive in Baltimore between August 26, 2021, and September 15, 2021. 
The current estimated arrival date is September 2, 2021, but is subject 
to change. Inbound transit is expected to last approximately 7 hours.
    The safety zone covers all navigable waters of the Chesapeake Bay 
and Patapsco River within 500 feet of the M/V ZHEN HUA 24 while it is 
transiting between Chesapeake Channel Lighted Buoy 90 (LLNR 7825) in 
position 38[deg]58'18.53'' N, 076[deg]23'18.96'' W, and the Seagirt 
Marine Terminal in position 39[deg]15'02.43'' N, 076[deg]32'20.50'' W, 
Baltimore, MD. The duration of the zone is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
the scheduled crane delivery operation. 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 the size and 
duration of the safety zone, which will impact only vessel traffic 
required to transit certain navigation channels of the Chesapeake Bay 
and the Patapsco River for a total of no more than 7 enforcement-hours. 
Although these waterways support both commercial and recreational 
vessel traffic, the downriver portions of the waterway will be reopened 
as the M/V ZHEN HUA 24 transits northward in the Chesapeake Bay and up 
the Patapsco River. Moreover, the Coast Guard will 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

[[Page 47386]]

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 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 safety zone lasting 7 enforcement hours that would 
prohibit entry within certain navigable waters of the Chesapeake Bay 
and Patapsco River. Normally such actions are categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration 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 is 
amending 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.T05-0414 to read as follows:


Sec.  165.T05-0414   Safety Zone; M/V ZHEN HUA 24, Crane Delivery 
Operation, Chesapeake Bay and Patapsco River, Baltimore, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Chesapeake Bay and Patapsco River, within 500 feet of the M/V ZHEN 
HUA 24 while it is transiting between Chesapeake Channel Lighted Buoy 
90 (LLNR 7825) in position 38[deg]58'18.53'' N, 076[deg]23'18.96'' W, 
and the Seagirt Marine Terminal in position 39[deg]15'02.43'' N, 
076[deg]32'20.50'' W, Baltimore, MD. 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 Maryland-National Capital Region.
    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 Maryland-National 
Capital Region (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 410-576-2693 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.
    (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 from August 
26, 2021, to September 15, 2021, during inbound transit of the M/V ZHEN 
HUA 24 to the Port of Baltimore.

    Dated: August 18, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
[FR Doc. 2021-18151 Filed 8-24-21; 8:45 am]
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