[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Rules and Regulations]
[Pages 32215-32217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12760]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0383]
RIN 1625-AA00


Safety Zone; M/V ZHEN HUA 26 Transit; Everport Container 
Terminal, San Pedro, California

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary moving safety 
zone around the M/V ZHEN HUA 26 while it transits through the 
navigation channel during its transit to Everport Container Terminal, 
Berth 227, in San Pedro, California. 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 Los Angeles-Long Beach or a designated 
representative.

DATES: This rule is effective without actual notice from June 17, 2021, 
through 11:59 p.m. on June 21, 2021. For the purposes of enforcement, 
actual notice will be from 12:01 a.m. on June 11, 2021, until June 17, 
2021.

[[Page 32216]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2021-0383 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 about this 
rulemaking, call or email LCDR Maria Wiener, U.S. Coast Guard Sector 
Los Angeles-Long Beach; telephone (310) 357-1603, email 
<a href="/cdn-cgi/l/email-protection#0d606c7f646c236e237a646863687f4d787e6e6a23606461"><span class="__cf_email__" data-cfemail="b9d4d8cbd0d897da97ced0dcd7dccbf9cccadade97d4d0d5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
Pub. L. Public Law
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 
received notification and details of the transit on May 15, 2021, and 
therefore lacks sufficient time to provide a reasonable comment period 
and respond to comments.
    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 June 11, 2021 to protect vessels and persons 
during the upcoming transit.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Los Angeles-
Long Beach has determined that potential hazards associated with the 
transit of the M/V ZHEN HUA 26 between June 11, 2021 through June 21, 
2021, will be a safety concern for anyone within a 500-foot radius of 
the vessel during its transit to Everport Container Terminal, Berth 
227, while the vessel is within the Port of Los Angeles-Long Beach and 
the waters inside the Federal breakwaters bounding San Pedro Bay or on 
the waters within three nautical miles seaward of the Federal 
breakwaters, respectively. The effect of the safety zone is to restrict 
navigation in the vicinity of the M/V ZHEN HUA 26. 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 26 during 
its transit to Berth 227 at the Everport Container Terminal in San 
Pedro, CA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 12:01 a.m. on 
June 11, 2021 through 11:59 p.m. on June 21, 2021 during the transit of 
the M/V ZEN HUA 26. While the M/V ZHEN HUA 26 is within the Port of Los 
Angeles-Long Beach and the waters inside the Federal breakwaters 
bounding San Pedro Bay or on the waters within three nautical miles 
seaward of the Federal breakwaters, respectively, the safety zone will 
encompass the navigable waters around and under the vessel, form 
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.
    Vessel traffic will be able to safely transit around the M/V ZHEN 
HUA 26 and the safety zone. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule allows vessels to seek permission to enter the 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 narrowly tailored geographic area of the safety zone. This 
safety zone impacts a 500-foot-radius area of the Port of Los Angeles-
Long Beach and the waters inside the Federal breakwaters bounding San 
Pedro Bay or on the waters within three nautical miles seaward of the 
Federal breakwaters, respectively for a limited duration. While the 
safety zone encompasses a eleven-day period to account for uncertain 
transit delays of the M/V ZHEN HUA 26, 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 
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 (Pub. L. 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

[[Page 32217]]

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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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.

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 
Management 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 
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 establishment of a temporary safety 
zone, limited in duration and size. This rule is categorically excluded 
from further review under paragraph L60(a) of Section L of the 
Department of Homeland Security Instruction Manual 023-01-001-01 
(series). A Record of Environmental Consideration (REC) supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

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.T11-056 to read as follows:


Sec.  165.T11-056  Safety Zone; Los Angeles Ship-to-Shore Crane 
Arrival, Los Angeles-Long Beach, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters of the port of Los Angeles-Long Beach, from surface to bottom, 
within a circle formed by connecting all points 500 feet out from the 
vessel, M/V ZHEN HUA 26, during the vessel's transit within the Port of 
Los Angeles-Long Beach and the waters inside the Federal breakwaters 
bounding San Pedro Bay or on the waters within three nautical miles 
seaward of the Federal breakwaters, respectively.
    (b) Definitions. As used in this section, ``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 Los Angeles-Long Beach (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 (310) 521-3801.
    (d) Enforcement period. This section will be enforced from 12:01 
a.m. on June 11, 2021 through 11:59 p.m. on June 21, 2021, during the 
inbound and outbound transit of the M/V ZHEN HUA 26 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 Sec.  165.7.

    Dated: June 10, 2021.
R.E. Ore,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles Long Beach.
[FR Doc. 2021-12760 Filed 6-16-21; 8:45 am]
BILLING CODE 9110-04-P


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