Federal Register - August 27, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations d Information broadcasts. The COTP
or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, or Safety Marine Information Broadcasts, as appropriate.
Dated: August 24, 2021.
H.C. Govertsen, Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.
FR Doc. 202118581 Filed 82621; 8:45 am BILLING CODE 911004P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210623
RIN 1625AA00
Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Coastal Virginia Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is establishing a temporary moving safety zone around M/V ZHEN HUA 24 during its transit through certain waters of the Chesapeake Bay and Coastal Virginia.
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, anticipated to begin transit of the Chesapeake Bay on August 31, 2021.
The Captain of the Port Virginia has determined that limited maneuverability and unique cargo of this vessel are potential hazardous to any person or vessel within the safety zone. This rulemaking prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Virginia or a designated representative.
DATES: This rule is effective August 30, 2021 through September 29, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Ashley Holm, Sector Virginia Waterways Management division, U.S. Coast Guard;
telephone 7576685581, email VirginiaWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations CFR
Code of Federal Regulations
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DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code CBBT Chesapeake Bay Bridge-Tunnel COTP Captain of the Port
purpose of this rule is to ensure safety of vessels and protect the environment and critical national infrastructure such as the Chesapeake Bay bridge-tunnel CBBT during the vessels transit to Baltimore.
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 from Shanghai, China, to the Port of Baltimore. These cranes will be delivered to, and installed at, the Seagirt Marine Terminal at Baltimore, MD. In response, on August 12, 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 Coastal Virginia, 86 FR 44328. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action. During the comment period that ended August 23, 2021, we received no comments. When the NPRM was published, the M/V ZHEN HUA 24 was estimated to arrive between September 4, 2021, and September 29, 2021. This arrival date has been moved up due to changes in shipping schedules and is now scheduled to begin its inbound transit on August 31, 2021, but this date is still subject to change.
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. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the transit of the M/V
ZHEN HUA 24 to Baltimore, MD, which is expected to occur prior to the 30 day time period. Actual notice of enforcement of this rule will be provided via Broadcast Notice to Mariners and VHFFM radio transmissions.
IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published August 12, 2021. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes 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 safety zone will be enforced when the M/V ZHEN HUA 24 enters the U.S.
Territorial Sea, as defined in 33 CFR
2.22a1, and enforcement will end when the vessel crosses the VirginiaMaryland State Line in the Chesapeake Bay. The M/V ZHEN HUA 24 is expected to begin its inbound transit through the Chesapeake Bay on August 31, 2021, but this is subject to change.
The duration of the zone is intended to ensure the safety of vessels and these navigable waters for the duration of the vessels transit estimated to last 15
hours. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rulemaking under authority in 46 U.S.C.
70034 previously 33 U.S.C. 1231. 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 yards radius safety zone around the vessel. The
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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 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
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