Federal Register - August 25, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 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. 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 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.

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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
24s 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.

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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 385818.53 N, 0762318.96 W, and the Seagirt Marine Terminal in position 391502.43 N, 0763220.50 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
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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 VHFFM marine channel 16 about the zone.
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 received no comments from the Small Business Administration on this rulemaking. 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 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247. 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
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Federal Register - August 25, 2021

TitoloFederal Register

PaeseStati Uniti

Data25/08/2021

Conteggio pagine174

Numero di edizioni7792

Prima edizione14/03/1936

Ultima edizione10/06/2026

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