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.

Proposed Rules Federal Register

40184 

Vol. 86, No. 141 

Tuesday, July 27, 2021 

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 SuperPost 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 

§ 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°58′18.53′′ N, 

076°23′18.96′′ W, and the Seagirt Marine 

Terminal in position 39°15′02.43′′ N, 

076°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 MarylandNational 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°58′18.53′′ N, 076°23′18.96′′ 

W, and the Seagirt Marine Terminal in 

position 39°15′02.43′′ N, 076°32′20.50′′ 

W, Baltimore, MD. The duration of the 

zone is intended to ensure the safety of 


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Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Proposed Rules 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 


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40186 Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Proposed Rules 

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 

■ 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. 

■ 2. Add § 165.T05–0414 to read as 

follows: 

§ 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°58′18.53′′ N, 

076°23′18.96′′ W, and the Seagirt Marine 

Terminal in position 39°15′02.43′′ N, 

076°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 MarylandNational 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FF09E21000 FXES11110900000212] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Findings for Three 

Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notification of petition findings 

and initiation of status reviews. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 90- 

day findings on two petitions to add 

species to the Lists of Endangered and 

Threatened Wildlife and Plants and one 

petition to remove a species (‘‘delist’’) 

under the Endangered Species Act of 

1973, as amended (Act). Based on our 

review, we find that the petitions to list 

the Alexander Archipelago wolf (Canis 

lupus ligoni) and western ridged mussel 

(Gonidea angulata) present substantial 

scientific or commercial information 

indicating that the petitioned actions 

may be warranted. Therefore, with the 

publication of this document, we 

announce that we plan to initiate status 

reviews of these species to determine 

whether the petitioned actions are 

warranted. We find that the petition to 

delist the golden-cheeked warbler 

(Dendroica chrysoparia) does not 

present substantial scientific or 

commercial information indicating the 

petitioned action may be warranted. 

Therefore, we are not initiating a status 

review of the species. To ensure that the 

status reviews are comprehensive, we 

are requesting scientific and commercial 

data and other information regarding the 

species and factors that may affect their 

status. Based on the status reviews, we 

will issue 12-month petition findings, 

which will address whether or not the 

petitioned actions are warranted, in 

accordance with the Act. 

DATES: These findings were made on 

July 27, 2021. As we commence our 

status reviews, we seek any new 

information concerning the status of, or 

threats to, the species or their habitats. 

Any information we receive during the 

course of our status reviews will be 

considered. 

ADDRESSES: 

Supporting documents: Summaries of 

the basis for the petition findings 

contained in this document are 

available on http://www.regulations.gov 

under the appropriate docket number 

(see table under SUPPLEMENTARY

INFORMATION). In addition, this 


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