[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Pages 55502-55504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22566]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0741]
RIN 1625-AA00
Safety Zone; Wando Terminal Crane Movement; Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
in the Port of Charleston, SC around the vessel ZHEN HUA 28. This
temporary safety zone is necessary to provide for the safety of
waterway users and the M/V ZHEN HUA 28 during the vessel's transit into
the Port of Charleston, its stay at Columbus Street Terminal, and its
transit to, and stay at, Wando Terminal. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Charleston.
DATES: This rule is effective on October 16, 2019 through October 28,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0741 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 55503]]
Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Chad Ray, Sector Charleston Office of
Waterways Management, Coast Guard; telephone (843) 740-3184, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 (NPRM)
with respect to this rule because it is impractical. We must establish
this safety zone by October 16, and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule because the details of the event were not provided to
the Coast Guard until September 27, 2019. It is also contrary to the
public interest as it would delay the planning and implementation of
safety measures necessary to protect the public and mariners from the
hazards associated with the transit of the M/V ZHEN HUA 28.
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 public interest because immediate action
is needed to respond to the potential safety hazards associated with
the transit of the M/V ZHEN HUA 28.
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)
Charleston has determined that potential hazards associated with
navigation and dockside operations of the M/V ZHEN HUA 28 starting
October 16, 2019, will be a safety concern for anyone within a 100-yard
radius of the M/V ZHEN HUA 28. Due to the size of the cranes aboard the
vessel and the vessel's limited ability to maneuver, this rule is
necessary to protect persons and vessels within the safety zone.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone upon the
arrival of the vessel ZHEN HUA 28 in the Charleston Harbor on October
16, 2019 through October 28, 2019, encompassing all navigable waters
from the surface to the sea floor within a 100-yard radius of the M/V
ZHEN HUA 28 while the vessel is underway, moored, or anchored in the
Sector Charleston Captain of the Port (COTP) Zone. No vessel or person
is permitted to enter the safety zone without first obtaining
permission from the COTP or a designated representative. Sector
Charleston may be contacted on VHF-FM radio channel 16 or via telephone
at (843) 740-7050.
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 size,
location, and duration of the safety zone. The size of the zone is
limited to a 100-yard radius--the minimum size necessary to provide
adequate protection for personnel and vessels in the area. The
temporary safety zone is limited in duration as it will only be in
place while the vessel is transiting, moored or anchored within the
Sector Charleston COTP Zone. Once the vessel departs the Sector
Charleston COTP Zone, the rule will no longer be enforced.
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
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
[[Page 55504]]
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 call or email 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 a temporary safety zone that will
prohibit entry within a 100-yard radius of the vessel, M/V ZHEN HUA 28,
during the vessel's transit, mooring and anchoring in the Sector
Charleston COTP Zone. It is categorically excluded from further review
under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
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
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, 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.T07-0741 to read as follows:
Sec. 165.T07-0741 Safety Zone; Wando Terminal Crane Movement;
Charleston, SC.
(a) Regulated area. The following regulated area is a moving safety
zone: All waters of the Charleston Harbor, Cooper River, and Wando
River in Charleston, SC within a 100-yard radius around the outer most
points of the M/V ZHEN HUA 28 while the vessel is underway, moored or
anchored.
(b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the COTP Charleston in the enforcement of the regulated
areas.
(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 the safety zone, contact the COTP
or the COTP's designated representative by telephone at (843) 740-7050
or on VHF-FM radio channel 16. 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 Bulletin, Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.
(d) Enforcement periods. This section is effective beginning upon
the arrival of the vessel ZHEN HUA 28 in the Charleston Harbor on
October 16, 2019, through October 28, 2019. This rule will be enforced
while M/V ZHEN HUA 28 is underway, moored, or anchored in the Sector
Charleston Captain of the Port Zone.
Dated: October 10, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2019-22566 Filed 10-16-19; 8:45 am]
BILLING CODE 9110-04-P