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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Proposed Rules
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feet. This beam width and cargo height will severely restrict the M/V ZHEN
HUA 24s ability to maneuver and create a hazard to navigation if required to meet or pass other large vessels transiting the navigation channels.
Because of the size of the cargo and the width of the navigation channels, vessels will not be able to transit safely around the M/V ZHEN HUA 24 at close distances. During the inbound transit of the M/V ZHEN HUA 24 the vessel will travel from sea into the Chesapeake Bay, crossing the Chesapeake Bay BridgeTunnel CBBT and then proceeding north toward Baltimore. During this time safety concerns will be heightened due to the importance of CBBT and the Chesapeakes sensitive estuary environment. Hazards associated with the movement of a large freight vessel with an oversized cargo severely restricted in its ability to maneuver while transiting confined shipping channels include injury or loss of life and damage to property and the environment resulting from collisions with other vessels. 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 yard radius safety zone around the vessel.
The Coast Guard is requesting that interested parties provide comments within a shortened comment period of 10 days instead of the typical 30 days for this notice of proposed rulemaking.
The Coast Guard believes the 10-day comment period still provides for a reasonable amount of time for interested parties to review the proposal and provide informed comments on it while also ensuring that the Coast Guard has time to review and respond to any significant comments and has a final rule in effect in time for the scheduled event in order to protect against the identified hazards.
The Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034 previously 33 U.S.C. 1231.
III. Discussion of Proposed Rule The COTP is proposing to establish 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 M/V ZHEN HUA 24 is currently anticipated to arrive at Baltimore sometime between September 4, 2021, and September 29, 2021. The current
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estimated arrival date is September 4, 2021, but is subject to change. The inbound transit is expected to last approximately 15 hours.
Enforcement of the safety zone would begin when M/V ZHEN HUA 24 crosses the 12-mile line into the U.S.-Territorial Sea and end when the vessel crosses the Virginia-Maryland state line. This enforcement period would be broadcast to mariners via email, VHFFM radio notifications, and by COTP
representatives on scene.
The duration of the zone is intended to ensure the safety of vessels and protect the environment and critical national infrastructure such as the Chesapeake Bay bridge-tunnel during the vessels transit to Baltimore. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.
The regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses We developed this proposed 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 NPRM has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, the NPRM 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 would impact only vessel traffic required to transit certain navigation channels of the Chesapeake Bay and the Coastal Virginia for an expected total no 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 VHFFM marine channel 16 about the zone.

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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 proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment see ADDRESSES explaining why you think it qualifies and how and to what degree this rule would economically affect it.
Under section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, we want to assist small entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995
44 U.S.C. 35013520.
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 proposed rule under that Order and have determined that it is consistent
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