Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48025 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: August 24, 2021. 

H.C. Govertsen, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Corpus Christi. 

[FR Doc. 2021–18581 Filed 8–26–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0623] 

RIN 1625–AA00 

Safety Zone; M/V ZHEN HUA 24, Crane 

Delivery Operation, Chesapeake Bay 

and Coastal Virginia 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving safety 

zone around M/V ZHEN HUA 24 during 

its transit through certain waters of the 

Chesapeake Bay and Coastal Virginia. 

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 begin transit of the 

Chesapeake Bay on August 31, 2021. 

The Captain of the Port Virginia has 

determined that limited 

maneuverability and unique cargo of 

this vessel are potential hazardous to 

any person or vessel within the safety 

zone. This rulemaking prohibits persons 

and vessels from being in the safety 

zone unless authorized by the Captain 

of the Port Virginia or a designated 

representative. 

DATES: This rule is effective August 30, 

2021 through September 29, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander Ashley 

Holm, Sector Virginia Waterways 

Management division, U.S. Coast Guard; 

telephone 757–668–5581, email 

VirginiaWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

CBBT Chesapeake Bay Bridge-Tunnel 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

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 from 

Shanghai, China, to the Port of 

Baltimore. These cranes will be 

delivered to, and installed at, the Seagirt 

Marine Terminal at Baltimore, MD. In 

response, on August 12, 2021, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone: 

M/V ZHEN HUA 24, Crane Delivery 

Operation, Chesapeake Bay and Coastal 

Virginia, 86 FR 44328. There we stated 

why we issued the NPRM, and invited 

comments on our proposed regulatory 

action. During the comment period that 

ended August 23, 2021, we received no 

comments. When the NPRM was 

published, the M/V ZHEN HUA 24 was 

estimated to arrive between September 

4, 2021, and September 29, 2021. This 

arrival date has been moved up due to 

changes in shipping schedules and is 

now scheduled to begin its inbound 

transit on August 31, 2021, but this date 

is still subject to change. 

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. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the transit of the M/V 

ZHEN HUA 24 to Baltimore, MD, which 

is expected to occur prior to the 30 day 

time period. Actual notice of 

enforcement of this rule will be 

provided via Broadcast Notice to 

Mariners and VHF–FM radio 

transmissions. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). The 

COTP Virginia 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 Coastal Virginia 

that would meet, pass, or overtake the 

M/V ZHEN HUA 24. These hazards can 

be mitigated with a 500 yards radius 

safety zone around the vessel. The 

purpose of this rule is to ensure safety 

of vessels and protect the environment 

and critical national infrastructure such 

as the Chesapeake Bay bridge-tunnel 

(CBBT) during the vessel’s transit to 

Baltimore. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

August 12, 2021. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

This rule establishes a temporary 

moving safety zone with a radius of 500 

yards centered around the M/V ZHEN 

HUA 24 during the inbound transit 

through the territorial sea and the 

Chesapeake Bay to Baltimore, MD. The 

safety zone will be enforced when the 

M/V ZHEN HUA 24 enters the U.S. 

Territorial Sea, as defined in 33 CFR 

2.22(a)(1), and enforcement will end 

when the vessel crosses the VirginiaMaryland State Line in the Chesapeake 

Bay. The M/V ZHEN HUA 24 is 

expected to begin its inbound transit 

through the Chesapeake Bay on August 

31, 2021, but this is subject to change. 

The duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters for the duration of the 

vessel’s transit estimated to last 15 

hours. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

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. 

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). 

This regulatory action determination 

is based on 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 

Coastal Virginia for an expected total no 


lotter on DSK11XQN23PROD with RULES1
48026 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 

more than 15 enforcement-hours. 

Although these waterways support both 

commercial and recreational vessel 

traffic, small portions of the waterway 

would be restricted for a small period of 

time as the M/V ZHEN HUA 24 transits 

northward in the Chesapeake Bay. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 call or email 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. 

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, 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 

involves a temporary safety zone that 

would prohibit entry within certain 

navigable waters of the Chesapeake Bay 

and Coastal Virginia within a 500 yards 

radius of the M/V ZHEN HUA 24. It is 

categorically excluded from further 

review under paragraph L60c of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Memorandum for the Record 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 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. 

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 

■ 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T05–0623 to read as 

follows: 

§ 165.T05–0623 Safety Zone; M/V ZHEN 

HUA 24, Crane Delivery Operation, 

Chesapeake Bay and Coastal Virginia. 

(a) Regulated Area. The rule 

establishes the following regulated area 

as a temporary moving safety zone: All 

waters within a 500 yards radius of the 

M/V ZHEN HUA 24 during its inbound 

transit to Baltimore, MD. Inbound 

transit will begin when the M/V ZHEN 

HUA enters the U.S. Territorial Sea, as 

defined in33 CFR 2.22(a)(1), and end 

when the vessel crosses the VirginiaMaryland State Line in the Chesapeake 

Bay, a line starting at a point 38°01′36′′ 

N latitude, 75°14′34′′ W longitude, then 

south east to a point 37°19′14′′ N 

latitude, 72°13′13′′ W longitude. 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 

Virginia. 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48027 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Virginia (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 (757) 

483–8567 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. 

(3) The Coast Guard will provide 

notice of the regulated area by Marine 

Safety Information Bulletins, Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(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 through 

Coastal Virginia and Chesapeake Bay on 

the way to the Port of Baltimore. 

Dated: August 24, 2021. 

Jennifer A. Stockwell, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Virginia. 

[FR Doc. 2021–18525 Filed 8–26–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0634] 

RIN 1625–AA00 

Safety Zone; Sodus Point Labor Day 

Fireworks Display; Sodus Bay; Sodus 

Point, NY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 840-feet 

radius of land launched fireworks in 

Sodus bay in Sodus Point, NY. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Buffalo or a designated representative. 

DATES: This rule is effective September 

4, 2021, from 9:15 p.m. through 10:15 

p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0634 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST2 Anthony Urbana, U.S. 

Coast Guard Sector Buffalo, via 

telephone 716–843–9342 or email D09- 

SMB-SECBuffalo-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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 the event 

sponsor notified the Coast Guard with 

insufficient time to accommodate the 

comment period. Delaying the effective 

date of this rule would be contrary to 

the public interest and the rule’s 

objectives of protecting the safety of life 

on the navigable waters, including 

protection of persons and vessels in 

vicinity of the fireworks display. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by September 4, 2021. Delay of the 

effective date would inhibit the Coast 

Guard’s ability to protect spectators and 

vessels from the hazards associated with 

a fireworks display with an expected 

fall-out area over the water. 

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. For the same reasons 

discussed in the preceding paragraph, 

waiting for a 30-day notice period to run 

would be impracticable and contrary to 

the public interest. 

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 (COTP) Buffalo has 

determined that fireworks over the 

water presents significant risks to public 

safety and property. This rule is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

fireworks display is taking place. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:15 p.m. through 10:15 p.m. on 

September 4, 2021. The safety zone will 

cover all navigable waters within a 840- 

feet radius of land launched fireworks 

in Sodus bay in Sodus Point, NY. The 

duration of the zone is intended to 

protect spectators, vessels, and the 

marine environment in these navigable 

waters during the fireworks display. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP Buffalo or a 

designated representative. 

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. 

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). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. The 

safety zone will encompass a 840-feet 

radius of barge launched fireworks in 

Sodus Bay in Sodus Point, NY. lasting 

approxiamately 1 hour during the 

evening when vessel traffic is normally 


lotter on DSK11XQN23PROD with RULES1