Je veux savoir à propos de…

Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations through, or remaining in the safety zone without permission of the Captain of the Port San Francisco or a designated representative.
This rule is effective from 12:01
a.m. on June 24, 2021, to 11:59 p.m. July 8, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0371 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 on this rule, call or email LT Anthony Solares, Waterways Management, U.S. Coast Guard;
telephone 415 3997443, email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:

I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port San Francisco DHS Department of Homeland Security Section U.S.C. United States Code
khammond on DSKJM1Z7X2PROD with RULES

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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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 did not receive final details for the vessels arrival and transit until June 14, 2021.
The Coast Guard must establish this safety zone by June 24, 2021 and lacks sufficient time to provide a reasonable comment period and consider those comments before issuing the rule.
Under 5 U.S.C. 553d3, 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 24, 2021 to protect vessels and persons from the dangers associated with the crane arms extending over the water from the M/V

VerDate Sep<11>2014

16:01 Jun 23, 2021

Jkt 253001

ZHEN HUA 26 as it transits a busy waterway.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 46 U.S.C. 70034
previously 33 U.S.C. 1231. The Captain of the Port San Francisco has determined that potential hazards associated with the transit of the M/V
ZHEN HUA 26 between June 24, 2021
and July 8, 2021, will be a safety concern for anyone within a 500-foot radius of the vessel during its transit to the Port of Oakland, while the vessel is within the San Francisco Bay and areas shoreward of the line drawn between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8 LLNR 4190 & 4195 in positions 3746.9 N, 12235.4 W and 3746.5 N, 12235.2 W, respectively. 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 the Everport Container Terminal in Oakland, CA.
IV. Discussion of the Rule This rule establishes a temporary safety zone from 12:01 a.m. on June 24, 2021 until 11:59 p.m. on July 8, 2021, during the inbound transit of the M/V
ZHEN HUA 26. While the M/V ZHEN
HUA 26 is within the San Francisco Bay and areas shoreward of the line drawn between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main Ship Channel Lighted Whistle Buoy 8 LLNR 4190 & 4195 in positions 3746.9 N, 12235.4 W and 3746.5 N, 12235.2 W, respectively, the safety zone will encompass the navigable waters around and under the vessel, from 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 the ship-to-shore gantry crane arm, which will extend more than 215 feet out from the transiting vessel.
The M/V ZHEN HUA 26 may make a temporary stop in anchorage during its transit to the Everport Container Terminal. The vessel would stop temporarily to catch the proper tide window after transiting beneath the San Francisco-Oakland Bay Bridge.
The effect of the safety zone is to restrict navigation in the vicinity of the M/V ZHEN HUA 26. Except for persons or vessels authorized by the COTP or the COTPs designated representative, no person or vessel may enter or remain in the restricted area. Designated representative means a Coast Guard
PO 00000

Frm 00051

Fmt 4700

Sfmt 4700

33131

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 San Francisco COTP in the enforcement of the safety 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.
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 limited duration and narrowly tailored geographic area of the safety zone. This safety zone impacts a 500-foot-radius area of the San Francisco Bay in San Francisco, CA for a limited duration. While the safety zone encompasses a two-week 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 vessels 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 COTPs designated representative.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 temporary safety zone may be small
E:FRFM24JNR1.SGM

24JNR1