Rule2021-18151
Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Patapsco River, Baltimore, MD
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
August 25, 2021
Effective
August 26, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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,
<a href="/cdn-cgi/l/email-protection#115c747d786262703f523f5a747d7d6851646272763f7c787d"><span class="__cf_email__" data-cfemail="632e060f0a1010024d204d28060f0f1a23161000044d0e0a0f">[email protected]</span></a>.
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]
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.