Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48023 

area for this event in Augusta, GA. 

During the enforcement periods, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander. 

DATES: The regulations in 33 CFR 

100.701, Table 1 to § 100.701, Section 

(d), Item 3, will be enforced from 6:30 

a.m. until 11:30 a.m., on September 26, 

2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email MST1 Stephanie Daley, Marine 

Safety Unit Savannah Office of 

Waterways Management, U.S. Coast 

Guard; telephone 912–652–4353, 

extension 257, or email 

Stephanie.L.Daley@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a special local 

regulation in 33 CFR 100.701, Table 1 to 

§ 100.701, Section (d), Item 3, for the 

Ironman Triathlon, from 6:30 a.m. to 

11:30 a.m., on September 26, 2021. 

This action is being taken to provide 

for the safety of life on navigable 

waterways during this event. Our 

regulation for marine events within the 

Seventh Coast Guard District, 33 CFR 

100.701, specifies the location of the 

regulated area for the Ironman Triathlon 

which encompasses portions of the 

Savannah River and its branches. 

During the enforcement periods, as 

reflected in 33 CFR 100.701(c), if you 

are the operator of a vessel in the 

regulated area you must comply with 

directions from the Patrol Commander. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

K.A. Broyles, 

Commander, U.S. Coast Guard, Captain of 

the Port, Savannah, GA. 

[FR Doc. 2021–18511 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–2021–0569] 

RIN 1625–AA00 

Safety Zone; Corpus Christi Bay; 

Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within a 500-foot 

radius of a fireworks display launched 

from a barge in position 27°48′37.02′′ N, 

097°23′27.60′′ W in Corpus Christi, 

Texas. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by the fireworks 

display. Entry of vessels or persons into 

this temporary zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Corpus Christi or a 

designated representative. 

DATES: This rule is effective from 9:30 

p.m. through 10:30 p.m. on August 28, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0569 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 Lieutenant Commander Anthony 

Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email CCWaterways@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 (NPRM) 

with respect to this rule because it is 

impracticable. We must establish this 

safety zone immediately and lack 

sufficient time to provide a reasonable 

comment period and then 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. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with a 

fireworks display on August 28, 2021. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Corpus 

Christi (COTP) has determined that 

potential hazards associated with a 

fireworks display on August 28, 2021 

will be a safety concern for anyone in 

the navigable waters of Corpus Christi 

Bay within a 500-foot radius of a 

fireworks display launched from a barge 

in Corpus Christi, Texas. The purpose of 

this rule is to ensure safety of vessels 

and persons on these navigable waters 

in the safety zone during the fireworks 

display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 9:30 p.m. through 

10:30 p.m. on August 28, 2021. The 

fireworks will be launched in position 

27°48′37.02′′ N, 097°23′27.60′′ W. No 

vessel or person is permitted to enter 

the temporary safety zone during the 

effective period without obtaining 

permission from the COTP or a 

designated representative, who may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz) or by telephone at 361– 

939–0450. The Coast Guard will issue 

Local Notices to Mariners, Safety 

Marine Information Broadcasts, or 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

as appropriate. 

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, and 

duration of the safety zone. This safety 

zone covers a 500-foot radius for a 


lotter on DSK11XQN23PROD with RULES1
48024 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 

fireworks display launched from a barge 

in position 27°48′37.02′′ N, 

097°23′27.60′′ W in Corpus Christi, 

Texas. The temporary safety zone will 

be enforced for a short period of only 1 

hour on August 28, 2021. The rule does 

not completely restrict the traffic within 

a waterway and allows mariners to 

request permission to enter 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 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 (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 

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 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 for navigable waters of Corpus 

Christi Bay within a 500-foot radius of 

a fireworks display launched from a 

barge in position 27°48′37.02′′ N, 

097°23′27.60′′ W in Corpus Christi, 

Texas. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a fireworks display. 

It is categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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 

■ 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.T08–0569 to read as 

follows: 

§ 165.T08–0569 Safety Zone; Corpus 

Christi Bay; Corpus Christi, TX. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Corpus Christi Bay within a 500-foot 

radius of a firework display launched 

from a barge in position 27°48°37.02′′ N, 

097°23′27.60′′ W in Corpus Christi, 

Texas. 

(b) Effective period. This rule is 

effective from 9:30 p.m. through 10:30 

p.m. on August 28, 2021. 

(c) Regulations. (1) According to the 

general regulations in § 165.23, entry 

into this temporary safety zone is 

prohibited unless authorized by the 

Captain of the Port Sector Corpus 

Christi (COTP) or a designated 

representative. 

(2) Persons or vessels seeking to enter 

the safety zone must request permission 

from the COTP on VHF–FM channel 16 

(156.8 MHz) or by telephone at 361– 

939–0450. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 


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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