[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Rules and Regulations]
[Pages 85520-85523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28874]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0719]
RIN 1625-AA00


Safety Zone; Oakland Ship-to-Shore Crane Arrival, San Francisco 
Bay, Oakland, CA

AGENCY: Coast Guard, DHS.

[[Page 85521]]


ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the San Francisco Bay during the transit of the M/V 
ZHEN HUA 35, scheduled to arrive between December 24, 2020 and January 
10, 2021. This safety zone is necessary to protect personnel, vessels, 
and the marine environment from hazards associated with the arms of 
three ship-to-shore gantry cranes, which will extend more than 200 feet 
out from the transiting vessel when the arms are lowered, and from the 
vessel's stability condition due to an air draft greater than 300 feet 
when the cranes are in the up position. Unauthorized persons or vessels 
are prohibited from entering into, transiting through, or remaining in 
the safety zone without permission of the Captain of the Port San 
Francisco or a designated representative.

DATES: This rule is effective without actual notice from December 29, 
2020 through 11:59 p.m. on January 10, 2021. For the purposes of 
enforcement, actual notice will be used from 12:01 a.m. December 24, 
2020 through December 29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0719 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Anthony Solares, Waterways Management, U.S. Coast 
Guard; telephone (415) 399-7443, email SFWaterways@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking with 
respect to this rule because it is impracticable. The Coast Guard did 
not receive details for the vessel's arrival and transit until December 
20, 2020. The Coast Guard must establish this safety zone by December 
24, 2020 and lacks sufficient time to provide a reasonable comment 
period and consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), 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 contrary to the public 
interest to delay the effective date of this rule because the safety 
zone must be effective by December 24, 2020 to protect vessels and 
persons from the dangers associated with the M/V ZHEN HUA 35 as it 
transits a busy waterway between December 24, 2020 and January 10, 
2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San 
Francisco has determined that potential hazards associated with the 
transit of the M/V ZHEN HUA 35 between December 24, 2020 and January 
10, 2021, will be a safety concern for anyone within a 500-foot radius 
of the vessel during its transit to Oakland, Berth 58, while the vessel 
is within the San Francisco Bay and areas shoreward of the line drawn 
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San 
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) 
in positions 37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 
122[deg]35.2' W, respectively. For this reason, a safety zone is needed 
to protect personnel, vessels, and the marine environment in the 
navigable waters around the M/V ZHEN HUA 35 during its transit to Berth 
58 at the Oakland International Container Terminal in Oakland, CA.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:01 a.m. on December 24, 
2020 until 11:59 p.m. on January 10, 2021, during the inbound transit 
of the M/V ZHEN HUA 35. While the M/V ZHEN HUA 35 is within the San 
Francisco Bay and areas shoreward of the line drawn between San 
Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main 
Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions 
37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W, 
respectively, the safety zone will encompass the navigable waters 
around and under the vessel, from surface to bottom, within a circle 
formed by connecting all points 500 feet out from the vessel. The 
safety zone is needed to protect personnel, mariners, and vessels from 
hazards associated with ship-to-shore gantry crane arms which will 
extend more than 200 feet out from the transiting vessel. This loading 
configuration is necessary in order for the vessel to pass safely under 
the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge.
    The M/V ZHEN HUA 35 will make a temporary stop in Anchorage 9 
during its transit to the Oakland International Container Terminal. The 
vessel will stop temporarily for the crew to make adjustments to the 
cargo so the vessel can safely moor at Berth 58 in Oakland, CA. The 
cargo adjustments will include raising three ship-to-shore crane arms 
to an upright position which will facilitate mooring.
    The effect of the safety zone is to restrict navigation in the 
vicinity of the M/V ZHEN HUA 35. Except for persons or vessels 
authorized by the COTP or the COTP's designated representative, no 
person or vessel may enter or remain in the restricted area. 
``Designated representative'' means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel or a Federal, State, or local officer 
designated by or assisting the Captain of the Port San Francisco (COTP) 
in the enforcement of the safety zone.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited 
duration and

[[Page 85522]]

narrowly tailored geographic area of the safety zone. This safety zone 
impacts a 500-foot-radius area of the San Francisco Bay in San 
Francisco, CA for a limited duration. While the safety zone encompasses 
a two week period to account for uncertain transit delays of the M/V 
ZHEN HUA 35, the safety zone will only be enforced for the duration of 
the vessel's inbound transit, which is expected to last less than 24 
hours, and that period will be announced via Broadcast Notice to 
Mariners. Vessels desiring to transit through the safety zone may do so 
upon express permission from the COTP or the COTP's designated 
representative.

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 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 
temporary 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 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), 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 
contact 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 agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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 Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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 rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy, 
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 determined 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 rule involves a safety zone which 
prevents entry to a 500-foot radius area of the San Francisco Bay for a 
limited period of time during a vessel's inbound transit. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of Department of Homeland Security Directive 023-01. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

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 amends 
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.T11-035 to read as follows:


Sec.  165.T11-045   Safety Zone; Oakland Ship-to-Shore Crane Arrival, 
San Francisco Bay, Oakland, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters of the San Francisco Bay, from surface to bottom, within a 
circle formed by connecting all points 500 feet out from the vessel, M/
V ZHEN HUA 35, during the vessel's inbound transit from a line drawn 
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San 
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) 
in positions 37[deg]46.9' N, 122[deg]35.4' W (NAD 83) and 37[deg]46.5' 
N, 122[deg]35.2' W (NAD 83), respectively, to Berth 58 at the Oakland 
International Container Terminal in Oakland, CA. This transit includes 
a stop at Anchorage 9 to reposition the vessel's cargo.
    (b) Definitions. As used in this section, ``designated 
representative''

[[Page 85523]]

means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel or a 
Federal, State, or local officer designated by or assisting the Captain 
of the Port San Francisco (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) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Persons and vessels may request permission to enter the 
safety zone on VHF-23A or through the 24-hour Command Center at 
telephone (415) 399-3547.
    (d) Enforcement period. This section will be enforced between 12:01 
a.m. on December 24, 2020 until 11:59 p.m. on January 10, 2021 during 
the inbound transit of the M/V ZHEN HUA 35, or as announced via 
Broadcast Notice to Mariners.
    (e) Information broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which this zone will be enforced, in accordance with 33 CFR 165.7.

    Dated: December 22, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2020-28874 Filed 12-28-20; 8:45 am]
BILLING CODE 9110-04-P


