Safety Zone; M/V ZHEN HUA 24, Crane Delivery Operation, Chesapeake Bay and Patapsco River, Baltimore, MD
| Citation | 86 FR 40184 |
| Record Number | 2021-15918 |
| Published date | 27 July 2021 |
| Court | Coast Guard,Homeland Security Department |
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]
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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.
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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.
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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
