Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Patapsco River, Baltimore, MD

CourtCoast Guard,Homeland Security Department
Citation86 FR 40184
Record Number2021-15918
Publication Date27 Jul 2021
Federal Register, Volume 86 Issue 141 (Tuesday, July 27, 2021)
[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
                [Proposed Rules]
                [Pages 40184-40186]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-15918]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 /
                Proposed Rules
                [[Page 40184]]
                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: Notice of proposed rulemaking.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is proposing to establish 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, anticipated to arrive between August 26, 2021, and
                September 15, 2021. This proposed rulemaking would 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. We invite your comments on this proposed rulemaking.
                DATES: Comments and related material must be received by the Coast
                Guard on or before August 11, 2021.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2021-0414 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
                Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
                instructions on submitting comments.
                FOR FURTHER INFORMATION CONTACT: If you have questions about this
                proposed rulemaking, call or email MST3 Melissa Kelly, Sector Maryland-
                NCR, Waterways Management Division, U.S. Coast Guard: Telephone (410)
                576-2596, [email protected].
                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, Purpose, and Legal Basis
                 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 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 5, 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.
                 The cranes exceed the beam of the M/V ZHEN HUA 24 on the port side
                by approximately 129 feet and on the starboard side by approximately
                228 feet. The total beam for the vessel with the cranes aboard is
                approximately 489 feet. The maximum height of the cranes aboard the
                vessel is approximately 176 feet. This beam width and cargo height 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. Because of the size of the cargo
                and the width of the navigation channels, vessels will not be able to
                transit around the M/V ZHEN HUA 24, necessitating closure of the
                navigation channels 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. During the transit of the M/V ZHEN HUA 24 under the
                William P. Lane, Jr. Memorial (US-50/301) Bridges across the Chesapeake
                Bay and the Francis Scott Key (I-695) Bridge across the Patapsco River,
                safety concerns will be heightened due to the small margin of error for
                safe passage. The vessel transit in this area is anticipated to occur
                during daylight hours only, and in wind conditions of 25 knots or less.
                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 Maryland-National Capital Region 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 the Patapsco River
                that would meet, pass, or overtake the M/V ZHEN HUA 24.
                 The Coast Guard is requesting that interested parties provide
                comments within a shortened comment period of 15 days instead of the
                typical 30 days for this notice of proposed rulemaking. The Coast Guard
                believes the 15-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.
                 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 safety zone during the inbound
                transit of the M/V ZHEN HUA 24. The M/V ZHEN HUA 24 is currently
                anticpated to arrive at Baltimore sometime between August 26, 2021, and
                September 15, 2021. The current estimated arrival date is September 5,
                2021, but is subject to change. Inbound transit is expected to last
                approximately 7 hours.
                 The safety zone would cover 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
                [[Page 40185]]
                vessels and these navigable waters before, during, and after the
                scheduled crane delivery operation. 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 Patapsco River for a total no more than 7 enforcement-hours.
                Although these waterways support both commercial and recreational
                vessel traffic, the downriver portions of the waterway would be
                reopened as the M/V ZHEN HUA 24 transits northward in the Chesapeake
                Bay and up the Patapsco River. Moreover, the Coast Guard would 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 certifies under 5 U.S.C. 605(b) 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 proposed 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 proposed rule would economically affect it.
                 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 proposed rule. If the proposed 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. 3501-
                3520).
                D. Federalism and Indian Tribal Governments
                 A rulemaking 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 with the
                fundamental federalism principles and preemption requirements described
                in Executive Order 13132.
                 Also, this proposed rule does not have tribal implications under
                Executive Order 13175 (Consultation and Coordination with Indian Tribal
                Governments) because it would 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. If
                you believe this proposed rule has implications for federalism or
                Indian tribes, please call or email the person listed in the FOR
                FURTHER INFORMATION CONTACT section.
                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 proposed rule would not
                result in such an expenditure, we do discuss the effects of this
                rulemaking elsewhere in this preamble.
                F. Environment
                 We have analyzed this proposed 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 proposed 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 preliminary 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. We seek any comments or information that may lead to the
                discovery of a significant environmental impact from this proposed
                rule.
                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.
                V. Public Participation and Request for Comments
                 We view public participation as essential to effective rulemaking,
                and will consider all comments and material received during the comment
                period. Your comment can help shape the outcome of this rulemaking. If
                you
                [[Page 40186]]
                submit a comment, please include the docket number for this rulemaking,
                indicate the specific section of this document to which each comment
                applies, and provide a reason for each suggestion or recommendation.
                 Submitting comments. We encourage you to submit comments through
                the Federal Decision Making Portal at https://www.regulations.gov. To
                do so, go to https://www.regulations.gov, type USCG-2021-0414 in the
                ``SEARCH'' box and click ``SEARCH.'' Next, look for this document in
                the Search Results column, and click on it. Then click on the Comment
                option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
                INFORMATION CONTACT section of this proposed rule for alternate
                instructions.
                 Viewing material in docket. To view documents mentioned in this
                proposed rule as being available in the docket, find the docket as
                described in the previous paragraph, and then select ``Supporting &
                Related Material'' in the Document Type column. Public comments will
                also be placed in our online docket and can be viewed by following
                instructions on the https://www.regulations.gov Frequently Asked
                Questions web page. We review all comments received, but we will only
                post comments that address the topic of the proposed rule. We may
                choose not to post off-topic, inappropriate, or duplicate comments that
                we receive.
                 Personal information. We accept anonymous comments. Comments we
                post to https://www.regulations.gov will include any personal
                information you have provided. For more about privacy and submissions
                in response to this document, see DHS's eRulemaking System of Records
                notice (85 FR 14226, March 11, 2020).
                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
                proposing to amend 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. 0170.1.
                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 during
                inbound transit of the M/V ZHEN HUA 24 to the Port of Baltimore.
                 Dated: July 20, 2021.
                David E. O'Connell,
                Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
                [FR Doc. 2021-15918 Filed 7-26-21; 8:45 am]
                BILLING CODE 9110-04-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT