[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
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 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, Melissa.C.Kelly@uscg.mil.

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


