Rule2021-12760
Safety Zone; M/V ZHEN HUA 26 Transit; Everport Container Terminal, San Pedro, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2021
Effective
June 17, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The U.S. Coast Guard is establishing a temporary moving safety zone around the M/V ZHEN HUA 26 while it transits through the navigation channel during its transit to Everport Container Terminal, Berth 227, in San Pedro, California. This safety zone is necessary to protect personnel, vessels, and the marine environment from hazards associated with the arms of three ship-to-shore gantry cranes which will extend more than 200 feet out from the transiting vessel when the arms are lowered, and from the vessel's stability condition due to an air draft greater than 300 feet when the cranes are in the up position. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port Los Angeles-Long Beach or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 115 (Thursday, June 17, 2021)</title>
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[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Rules and Regulations]
[Pages 32215-32217]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12760]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0383]
RIN 1625-AA00
Safety Zone; M/V ZHEN HUA 26 Transit; Everport Container
Terminal, San Pedro, California
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard is establishing a temporary moving safety
zone around the M/V ZHEN HUA 26 while it transits through the
navigation channel during its transit to Everport Container Terminal,
Berth 227, in San Pedro, California. This safety zone is necessary to
protect personnel, vessels, and the marine environment from hazards
associated with the arms of three ship-to-shore gantry cranes which
will extend more than 200 feet out from the transiting vessel when the
arms are lowered, and from the vessel's stability condition due to an
air draft greater than 300 feet when the cranes are in the up position.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without permission
of the Captain of the Port Los Angeles-Long Beach or a designated
representative.
DATES: This rule is effective without actual notice from June 17, 2021,
through 11:59 p.m. on June 21, 2021. For the purposes of enforcement,
actual notice will be from 12:01 a.m. on June 11, 2021, until June 17,
2021.
[[Page 32216]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, type USCG-
2021-0383 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 about this
rulemaking, call or email LCDR Maria Wiener, U.S. Coast Guard Sector
Los Angeles-Long Beach; telephone (310) 357-1603, email
<a href="/cdn-cgi/l/email-protection#0d606c7f646c236e237a646863687f4d787e6e6a23606461"><span class="__cf_email__" data-cfemail="b9d4d8cbd0d897da97ced0dcd7dccbf9cccadade97d4d0d5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
Pub. L. Public Law
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 with
respect to this rule because it is impracticable. The Coast Guard
received notification and details of the transit on May 15, 2021, and
therefore lacks sufficient time to provide a reasonable comment period
and respond to 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 contrary to the public
interest to delay the effective date of this rule because the safety
zone must be effective by June 11, 2021 to protect vessels and persons
during the upcoming transit.
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 Los Angeles-
Long Beach has determined that potential hazards associated with the
transit of the M/V ZHEN HUA 26 between June 11, 2021 through June 21,
2021, will be a safety concern for anyone within a 500-foot radius of
the vessel during its transit to Everport Container Terminal, Berth
227, while the vessel is within the Port of Los Angeles-Long Beach and
the waters inside the Federal breakwaters bounding San Pedro Bay or on
the waters within three nautical miles seaward of the Federal
breakwaters, respectively. The effect of the safety zone is to restrict
navigation in the vicinity of the M/V ZHEN HUA 26. For this reason, a
safety zone is needed to protect personnel, vessels, and the marine
environment in the navigable waters around the M/V ZHEN HUA 26 during
its transit to Berth 227 at the Everport Container Terminal in San
Pedro, CA.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 12:01 a.m. on
June 11, 2021 through 11:59 p.m. on June 21, 2021 during the transit of
the M/V ZEN HUA 26. While the M/V ZHEN HUA 26 is within the Port of Los
Angeles-Long Beach and the waters inside the Federal breakwaters
bounding San Pedro Bay or on the waters within three nautical miles
seaward of the Federal breakwaters, respectively, the safety zone will
encompass the navigable waters around and under the vessel, form
surface to bottom, within a circle formed by connecting all points 500
feet out from the vessel. The safety zone is needed to protect
personnel, mariners, and vessels from hazards associated with ship-to
shore gantry crane arms which will extend more than 200 feet out from
the transiting vessel.
Vessel traffic will be able to safely transit around the M/V ZHEN
HUA 26 and the safety zone. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule allows vessels to seek permission to enter the zone.
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 limited
duration and narrowly tailored geographic area of the safety zone. This
safety zone impacts a 500-foot-radius area of the Port of Los Angeles-
Long Beach and the waters inside the Federal breakwaters bounding San
Pedro Bay or on the waters within three nautical miles seaward of the
Federal breakwaters, respectively for a limited duration. While the
safety zone encompasses a eleven-day period to account for uncertain
transit delays of the M/V ZHEN HUA 26, the safety zone will only be
enforced for the duration of the vessel's inbound transit, which is
expected to last less than 24 hours, and that period will be announced
via Broadcast Notice to Mariners. Vessels desiring to transit through
the safety zone may do so upon express permission from the COTP or the
COTP's designated representative.
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 contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees
[[Page 32217]]
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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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
Management 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 establishment of a temporary safety
zone, limited in duration and size. This rule is categorically excluded
from further review under paragraph L60(a) of Section L of the
Department of Homeland Security Instruction Manual 023-01-001-01
(series). A Record of Environmental Consideration (REC) 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 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
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. 0170.1.
0
2. Add Sec. 165.T11-056 to read as follows:
Sec. 165.T11-056 Safety Zone; Los Angeles Ship-to-Shore Crane
Arrival, Los Angeles-Long Beach, CA.
(a) Location. The following area is a safety zone: all navigable
waters of the port of Los Angeles-Long Beach, from surface to bottom,
within a circle formed by connecting all points 500 feet out from the
vessel, M/V ZHEN HUA 26, during the vessel's transit within the Port of
Los Angeles-Long Beach and the waters inside the Federal breakwaters
bounding San Pedro Bay or on the waters within three nautical miles
seaward of the Federal breakwaters, respectively.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port Los Angeles-Long Beach (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) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through the 24-hour Command Center at
telephone (310) 521-3801.
(d) Enforcement period. This section will be enforced from 12:01
a.m. on June 11, 2021 through 11:59 p.m. on June 21, 2021, during the
inbound and outbound transit of the M/V ZHEN HUA 26 or as announced via
Broadcast Notice to Mariners.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with Sec. 165.7.
Dated: June 10, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach.
[FR Doc. 2021-12760 Filed 6-16-21; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.