[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]


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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: Temporary final rule.

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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]
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