81_FR_51949 81 FR 51798 - Safety Zone; M/V Zhenhuan 14 Wando Terminal Crane Movement; Charleston, SC

81 FR 51798 - Safety Zone; M/V Zhenhuan 14 Wando Terminal Crane Movement; Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 151 (August 5, 2016)

Page Range51798-51800
FR Document2016-18599

The Coast Guard is establishing a 100 yard temporary moving safety zone around the M/V Zhenhuan 14 during its inbound and outbound transit as well as all movements in between the Charleston Harbor entrance buoy and the Wando Welch Terminal on the Charleston Harbor, and Wando River, Charleston, SC. The M/V Zhenhuan 14 will be transporting 5 gantry cranes between the dates of August 5, 2016 through August 17, 2016. The safety zone is necessary to protect the public from hazards associated with transporting the large cranes. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 81 Issue 151 (Friday, August 5, 2016)
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Rules and Regulations]
[Pages 51798-51800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18599]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0746]
RIN 1625-AA00


Safety Zone; M/V Zhenhuan 14 Wando Terminal Crane Movement; 
Charleston, SC

AGENCY: Coast Guard, DHS.

[[Page 51799]]


ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a 100 yard temporary moving 
safety zone around the M/V Zhenhuan 14 during its inbound and outbound 
transit as well as all movements in between the Charleston Harbor 
entrance buoy and the Wando Welch Terminal on the Charleston Harbor, 
and Wando River, Charleston, SC. The M/V Zhenhuan 14 will be 
transporting 5 gantry cranes between the dates of August 5, 2016 
through August 17, 2016. The safety zone is necessary to protect the 
public from hazards associated with transporting the large cranes. 
Persons and vessels are prohibited from entering, transiting through, 
anchoring in, or remaining within the safety zone unless authorized by 
the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from August 5, 2016 through August 17, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov type USCG-
2016-0746 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 John Downing, 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
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 the Coast Guard was notified of this 
situation only 10 days prior to the vessel arrival. It is impracticable 
to publish a NPRM because we must establish this safety zone by August 
5, 2016 to protect vessels and people in the vicinity of the M/V 
Zhenhuan 14's transit.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it 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 safety hazards associated 
with the transit of the M/V Zhenhuan 14.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Charleston (COTP) has determined that 
potential hazards associated with the Transit of the M/V Zhenhuan 14 
will be a safety concern for anyone within a 100-yard radius around the 
outer most points of the vessel. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the vessel is transiting.
    The legal basis for this rule is the Coast Guard's Authority to 
establish a safety zone: 33 U.S.C. 1231. The purpose of the proposed 
rule is to ensure safety of life on the navigable water of the United 
States during the transit of the M/V Zhenhuan 14.

IV. Discussion of the Rule

    This rule establishes a safety zone on August 5, 2016 through 
August 17, 2016 during all movements of the M/V Zhenhuan 14 with its 
cranes in the downward position. The vessel is 815 ft long with a beam 
of 450 ft with the cranes in the downward position. The safety zone 
will cover all navigable waters within a 100-yard radius around the 
outer most points of the vessel. The duration of the zone is intended 
to protect personnel, vessels, and the marine environment while the 
vessel is transiting the Charleston Harbor, and Wando River, 
Charleston, SC. 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The economic impact of this rule is not significant for the 
following reasons: (1) Although persons and vessels will not be able to 
enter, transit through, anchor in, or remain within the regulated area 
without authorization from the Captain of the Port Charleston or a 
designated representative, they will be able to operate in the 
surrounding area during the enforcement periods; (2) persons and 
vessels will still be able to enter, transit through, anchor in, or 
remain within the regulated area if authorized by the Captain of the 
Port Charleston or a designated representative; and (3) the Coast Guard 
will provide advance notification of the regulated area to the local 
maritime community by Local Notice to Mariners and Broadcast Notice to 
Mariners.

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

[[Page 51800]]

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.

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 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 and Commandant Instruction M16475.lD, 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 rule involves a temporary safety zone, that will 
prohibit entry within a 100-yard radius around the outer most points of 
the vessel.

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

    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:  33 U.S.C. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation 
No. 0170.1.


0
2 . Add a temporary Sec.  165.T07-0746 to read as follows:


Sec.  100.T07-0746  Safety Zone; M/V Zhenhuan 14 Wando Terminal Crane 
Movement; Charleston, SC.

    (a) Regulated area. The following regulated area is a moving safety 
zone: All waters of the Charleston Harbor and Wando Rivers within a 100 
yard radius around the outer most points of the M/V Zhenhuan 14 while 
the cranes are in the downward position. The safety zone will start in 
Charleston Harbor, in approximate position 32[deg]46'10'' N., 
79[deg]55'15'' W. and transit to the Wando Welch Terminal, in position 
32[deg]50'02'' N., 79[deg]53'29'' W. During the outbound transit the M/
V Zhenhuan 14 will proceed from the Wando Welch Terminal in approximate 
position 32[deg]50'02'' N., 79[deg]53'29'' W. to the Charleston Harbor 
entrance in approximate position 32[deg]46'10'' N., 79[deg]55'15'' W. 
All coordinates are North American Datum 1983.
    (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 Captain of the Port Charleston in the enforcement of the 
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the Captain of the 
Port Charleston by telephone at (843) 740-7050, or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the regulated area is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port Charleston or a 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 period. This rule will be enforced when the M/V 
Zhenhuan 14 is transiting Charleston Harbor between August 5, 2016 
through 17, 2016.

    Dated: August 1, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-18599 Filed 8-4-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                51798               Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Rules and Regulations

                                                in writing, that a return of the                           (2) The partnership has not filed, and                (4) Effect of filing an AAR before
                                                partnership for an eligible taxable year                does not reasonably anticipate filing,                January 1, 2018. Except in the case of
                                                has been selected for examination (a                    voluntarily a petition for relief under               an election made in accordance with
                                                notice of selection for examination).                   title 11 of the United States Code;                   paragraph (b) of this section, an AAR
                                                   (2) Form and manner of making the                       (3) The partnership is not subject to,             filed on behalf of a partnership before
                                                election—(i) In general. The partnership                and does not reasonably anticipate                    January 1, 2018, is deemed for purposes
                                                makes an election under this section by                 becoming subject to, an involuntary                   of paragraph (d)(2) of this section, to be
                                                providing a written statement with the                  petition for relief under title 11 of the             an AAR filed under section 6227(c)
                                                words ‘‘Election under Section                          United States Code; and                               (prior to amendment by the BBA) or an
                                                1101(g)(4)’’ written at the top that                       (4) The partnership has sufficient                 amended return of partnership income,
                                                satisfies the requirements of paragraph                 assets, and reasonably anticipates                    as applicable.
                                                (b)(2) of this section to the individual                having sufficient assets, to pay a                       (d) Eligible taxable year—(1) In
                                                identified in the notice of selection for               potential imputed underpayment with                   general. For purposes of this section, the
                                                examination as the IRS contact                          respect to the partnership taxable year               term eligible taxable year means any
                                                regarding the examination.                              that may be determined under                          partnership taxable year beginning after
                                                   (ii) Statement requirements. A                       subchapter C of chapter 63 of the                     November 2, 2015 and before January 1,
                                                statement making an election under this                 Internal Revenue Code as amended by                   2018, except as provided in paragraph
                                                section must be in writing and be dated                 the BBA; and                                          (d)(2) of this section.
                                                and signed by the tax matters partner, as                  (F) A representation, signed under                    (2) Exception if AAR or amended
                                                defined under section 6231(a)(7) (prior                 penalties of perjury, that the individual             return filed or deemed filed.
                                                to amendment by the BBA), and the                       signing the statement is duly authorized              Notwithstanding paragraph (d)(1) of this
                                                applicable regulations, or an individual                to make the election described in this                section, a partnership taxable year is not
                                                who has the authority to sign the                       paragraph (b) and that, to the best of the            an eligible taxable year for purposes of
                                                partnership return for the taxable year                 individual’s knowledge and belief, all of             this section if for the partnership taxable
                                                under examination under section 6063,                   the information contained in the                      year—
                                                the regulations thereunder, and                                                                                  (i) The tax matters partner has filed an
                                                                                                        statement is true, correct, and complete.
                                                applicable forms and instructions. The                                                                        AAR under section 6227(c) (prior to
                                                                                                           (iii) Notice of Administrative
                                                fact that an individual dates and signs                                                                       amendment by the BBA),
                                                                                                        Proceeding. Upon receipt of the election                 (ii) The partnership is deemed to have
                                                the statement making the election                       described in this paragraph (b), the IRS
                                                described in this paragraph (b) shall be                                                                      filed an AAR under section 6227(c)
                                                                                                        will promptly mail a notice of                        (prior to the amendment by the BBA) in
                                                prima facie evidence that the individual                administrative proceeding to the
                                                is authorized to make the election on                                                                         accordance with paragraph (c)(4) of this
                                                                                                        partnership and the partnership                       section, or
                                                behalf of the partnership. A statement                  representative, as required under
                                                making an election must include—                                                                                 (iii) An amended return of
                                                                                                        section 6231(a)(1) as amended by the                  partnership income has been filed or
                                                   (A) The partnership’s name, taxpayer
                                                                                                        BBA. Notwithstanding the preceding                    has been deemed to be filed under
                                                identification number, and the
                                                                                                        sentence, the IRS will not mail the                   paragraph (c)(4) of this section.
                                                partnership taxable year for which the
                                                                                                        notice of administrative proceeding                      (e) Applicability date. These
                                                election described in this paragraph (b)
                                                                                                        before the date that is 30 days after                 regulations are applicable to returns
                                                is being made;
                                                   (B) The name, taxpayer identification                receipt of the election described in                  filed for partnership taxable years
                                                number, address, and daytime                            paragraph (b) of this section.                        beginning after November 2, 2015 and
                                                telephone number of the individual who                     (c) Election for the purpose of filing             before January 1, 2018.
                                                signs the statement;                                    an administrative adjustment request                     (f) Expiration date. This section will
                                                   (C) Language indicating that the                     (AAR) under section 6227 as amended                   expire on August 5, 2019.
                                                partnership is electing application of                  by the BBA—(1) In general. A
                                                                                                        partnership that has not been issued a                John M. Dalrymple,
                                                section 1101(c) of the BBA for the                                                                            Deputy Commissioner for Services and
                                                partnership return for the eligible                     notice of selection for examination as
                                                                                                        described in paragraph (b)(1) of this                 Enforcement.
                                                taxable year identified in the notice of                                                                        Approved: July 6, 2016.
                                                selection for examination;                              section may make an election with
                                                                                                        respect to a partnership return for an                Mark J. Mazur,
                                                   (D) The information required to
                                                properly designate the partnership                      eligible taxable year for the purpose of              Assistant Secretary for Tax Policy.
                                                representative as defined by section                    filing an AAR under section 6227 as                   [FR Doc. 2016–18638 Filed 8–4–16; 8:45 am]
                                                6223 as amended by the BBA, which                       amended by the BBA. Once an election                  BILLING CODE 4830–01–P
                                                must include the name, taxpayer                         under this paragraph (c) is made, all of
                                                identification number, address, and                     the amendments made by section 1101
                                                daytime telephone number of the                         of the BBA, except section 6221(b) as                 DEPARTMENT OF HOMELAND
                                                partnership representative and any                      added by the BBA, apply with respect                  SECURITY
                                                additional information required by                      to the partnership taxable year for
                                                applicable regulations, forms and                       which such election is made.                          Coast Guard
                                                instructions, and other guidance issued                    (2) Time for making the election. No
                                                by the IRS;                                             election under this paragraph (c) may be              33 CFR Part 165
                                                   (E) The following representations—                   made before January 1, 2018.                          [Docket Number USCG–2016–0746]
mstockstill on DSK3G9T082PROD with RULES




                                                   (1) The partnership is not insolvent                    (3) Form and manner of making an
                                                and does not reasonably anticipate                      election. An election under this                      RIN 1625–AA00
                                                becoming insolvent before resolution of                 paragraph (c) must be made in the
                                                                                                                                                              Safety Zone; M/V Zhenhuan 14 Wando
                                                any adjustment with respect to the                      manner prescribed by the IRS for that
                                                                                                                                                              Terminal Crane Movement; Charleston,
                                                partnership taxable year for which the                  purpose in accordance with applicable
                                                                                                                                                              SC
                                                election described in this paragraph (b)                regulations, forms and instructions, and
                                                is being made;                                          other guidance issued by the IRS.                     AGENCY:    Coast Guard, DHS.


                                           VerDate Sep<11>2014   16:05 Aug 04, 2016   Jkt 238001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\05AUR1.SGM   05AUR1


                                                                    Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Rules and Regulations                                        51799

                                                ACTION:   Temporary final rule.                         situation only 10 days prior to the vessel            A. Regulatory Planning and Review
                                                                                                        arrival. It is impracticable to publish a                Executive Orders 12866 and 13563
                                                SUMMARY:   The Coast Guard is                           NPRM because we must establish this
                                                establishing a 100 yard temporary                                                                             direct agencies to assess the costs and
                                                                                                        safety zone by August 5, 2016 to protect              benefits of available regulatory
                                                moving safety zone around the M/V                       vessels and people in the vicinity of the
                                                Zhenhuan 14 during its inbound and                                                                            alternatives and, if regulation is
                                                                                                        M/V Zhenhuan 14’s transit.                            necessary, to select regulatory
                                                outbound transit as well as all                            We are issuing this rule, and under 5
                                                movements in between the Charleston                                                                           approaches that maximize net benefits.
                                                                                                        U.S.C. 553(d)(3), the Coast Guard finds
                                                Harbor entrance buoy and the Wando                                                                            Executive Order 13563 emphasizes the
                                                                                                        that good cause exists for making it
                                                Welch Terminal on the Charleston                                                                              importance of quantifying both costs
                                                                                                        effective less than 30 days after
                                                Harbor, and Wando River, Charleston,                                                                          and benefits, of reducing costs, of
                                                                                                        publication in the Federal Register.
                                                SC. The M/V Zhenhuan 14 will be                                                                               harmonizing rules, and of promoting
                                                                                                        Delaying the effective date of this rule
                                                transporting 5 gantry cranes between the                                                                      flexibility. This rule has not been
                                                                                                        would be contrary to public interest
                                                dates of August 5, 2016 through August                                                                        designated a ‘‘significant regulatory
                                                                                                        because immediate action is needed to
                                                17, 2016. The safety zone is necessary                                                                        action,’’ under Executive Order 12866.
                                                                                                        respond to the safety hazards associated
                                                to protect the public from hazards                                                                            Accordingly, it has not been reviewed
                                                                                                        with the transit of the M/V Zhenhuan
                                                associated with transporting the large                                                                        by the Office of Management and
                                                                                                        14.
                                                cranes. Persons and vessels are                                                                               Budget.
                                                prohibited from entering, transiting                    III. Legal Authority and Need for Rule                   The economic impact of this rule is
                                                through, anchoring in, or remaining                        The Coast Guard is issuing this rule               not significant for the following reasons:
                                                within the safety zone unless authorized                under authority in 33 U.S.C. 1231. The                (1) Although persons and vessels will
                                                by the Captain of the Port Charleston or                Captain of the Port Charleston (COTP)                 not be able to enter, transit through,
                                                a designated representative.                            has determined that potential hazards                 anchor in, or remain within the
                                                DATES: This rule is effective from                      associated with the Transit of the M/V                regulated area without authorization
                                                August 5, 2016 through August 17,                       Zhenhuan 14 will be a safety concern                  from the Captain of the Port Charleston
                                                2016.                                                   for anyone within a 100-yard radius                   or a designated representative, they will
                                                                                                        around the outer most points of the                   be able to operate in the surrounding
                                                ADDRESSES: To view documents
                                                                                                        vessel. This rule is needed to protect                area during the enforcement periods; (2)
                                                mentioned in this preamble as being
                                                                                                        personnel, vessels, and the marine                    persons and vessels will still be able to
                                                available in the docket, go to http://
                                                                                                        environment in the navigable waters                   enter, transit through, anchor in, or
                                                www.regulations.gov type USCG–2016–
                                                                                                        within the safety zone while the vessel               remain within the regulated area if
                                                0746 in the ‘‘SEARCH’’ box and click
                                                                                                        is transiting.                                        authorized by the Captain of the Port
                                                ‘‘SEARCH.’’ Click on Open Docket
                                                Folder on the line associated with this                    The legal basis for this rule is the               Charleston or a designated
                                                rule.                                                   Coast Guard’s Authority to establish a                representative; and (3) the Coast Guard
                                                                                                        safety zone: 33 U.S.C. 1231. The                      will provide advance notification of the
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        purpose of the proposed rule is to                    regulated area to the local maritime
                                                you have questions on this rule, call or                                                                      community by Local Notice to Mariners
                                                email Lieutenant John Downing, Sector                   ensure safety of life on the navigable
                                                                                                        water of the United States during the                 and Broadcast Notice to Mariners.
                                                Charleston Office of Waterways
                                                Management, Coast Guard; telephone                      transit of the M/V Zhenhuan 14.                       B. Impact on Small Entities
                                                (843) 740–3184, email John.Z.Downing@                   IV. Discussion of the Rule                               The Regulatory Flexibility Act of
                                                uscg.mil.                                                                                                     1980, 5 U.S.C. 601–612, as amended,
                                                                                                           This rule establishes a safety zone on
                                                SUPPLEMENTARY INFORMATION:                                                                                    requires Federal agencies to consider
                                                                                                        August 5, 2016 through August 17, 2016
                                                I. Table of Abbreviations                               during all movements of the M/V                       the potential impact of regulations on
                                                                                                        Zhenhuan 14 with its cranes in the                    small entities during rulemaking. The
                                                CFR Code of Federal Regulations                                                                               term ‘‘small entities’’ comprises small
                                                DHS Department of Homeland Security                     downward position. The vessel is 815 ft
                                                NPRM Notice of proposed rulemaking                      long with a beam of 450 ft with the                   businesses, not-for-profit organizations
                                                § Section                                               cranes in the downward position. The                  that are independently owned and
                                                U.S.C. United States Code                               safety zone will cover all navigable                  operated and are not dominant in their
                                                                                                        waters within a 100-yard radius around                fields, and governmental jurisdictions
                                                II. Background Information and                                                                                with populations of less than 50,000.
                                                                                                        the outer most points of the vessel. The
                                                Regulatory History                                                                                            The Coast Guard certifies under 5 U.S.C.
                                                                                                        duration of the zone is intended to
                                                   The Coast Guard is issuing this                      protect personnel, vessels, and the                   605(b) that this rule will not have a
                                                temporary rule without prior notice and                 marine environment while the vessel is                significant economic impact on a
                                                opportunity to comment pursuant to                      transiting the Charleston Harbor, and                 substantial number of small entities.
                                                authority under section 4(a) of the                     Wando River, Charleston, SC. No vessel                   While some owners or operators of
                                                Administrative Procedure Act (APA) (5                   or person will be permitted to enter the              vessels intending to transit the safety
                                                U.S.C. 553(b)). This provision                          safety zone without obtaining                         zone may be small entities, for the
                                                authorizes an agency to issue a rule                    permission from the COTP or a                         reasons stated in section V.A above, this
                                                without prior notice and opportunity to                 designated representative.                            rule will not have a significant
                                                comment when the agency for good                                                                              economic impact on any vessel owner
                                                cause finds that those procedures are                   V. Regulatory Analyses                                or operator.
mstockstill on DSK3G9T082PROD with RULES




                                                ‘‘impracticable, unnecessary, or contrary                 We developed this rule after                           Under section 213(a) of the Small
                                                to the public interest.’’ Under 5 U.S.C.                considering numerous statutes and                     Business Regulatory Enforcement
                                                553(b)(B), the Coast Guard finds that                   Executive orders related to rulemaking.               Fairness Act of 1996 (Pub. L. 104–121),
                                                good cause exists for not publishing a                  Below we summarize our analyses                       we want to assist small entities in
                                                notice of proposed rulemaking (NPRM)                    based on a number of these statutes and               understanding this rule. If the rule
                                                with respect to this rule because the                   Executive orders, and we discuss First                would affect your small business,
                                                Coast Guard was notified of this                        Amendment rights of protestors.                       organization, or governmental


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                                                51800               Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Rules and Regulations

                                                jurisdiction and you have questions                     aggregate, or by the private sector of                Welch Terminal, in position 32°50′02″
                                                concerning its provisions or options for                $100,000,000 (adjusted for inflation) or              N., 79°53′29″ W. During the outbound
                                                compliance, please contact the person                   more in any one year. Though this rule                transit the M/V Zhenhuan 14 will
                                                listed in the FOR FURTHER INFORMATION                   will not result in such expenditure, we               proceed from the Wando Welch
                                                CONTACT section.                                        do discuss the effects of this rule                   Terminal in approximate position
                                                   Small businesses may send comments                   elsewhere in this preamble.                           32°50′02″ N., 79°53′29″ W. to the
                                                on the actions of Federal employees                                                                           Charleston Harbor entrance in
                                                who enforce, or otherwise determine                     F. Environment
                                                                                                                                                              approximate position 32°46′10″ N.,
                                                compliance with, Federal regulations to                   We have analyzed this rule under
                                                                                                                                                              79°55′15″ W. All coordinates are North
                                                the Small Business and Agriculture                      Department of Homeland Security
                                                                                                                                                              American Datum 1983.
                                                Regulatory Enforcement Ombudsman                        Management Directive 023–01 and
                                                and the Regional Small Business                         Commandant Instruction M16475.lD,                        (b) Definition. As used in this section,
                                                Regulatory Fairness Boards. The                         which guide the Coast Guard in                        ‘‘designated representative’’ means
                                                Ombudsman evaluates these actions                       complying with the National                           Coast Guard Patrol Commanders,
                                                annually and rates each agency’s                        Environmental Policy Act of 1969 (42                  including Coast Guard coxswains, petty
                                                responsiveness to small business. If you                U.S.C. 4321–4370f), and have made a                   officers, and other officers operating
                                                wish to comment on actions by                           preliminary determination that this                   Coast Guard vessels, and Federal, state,
                                                employees of the Coast Guard, call 1–                   action is one of a category of actions that           and local officers designated by or
                                                888–REG–FAIR (1–888–734–3247). The                      do not individually or cumulatively                   assisting the Captain of the Port
                                                Coast Guard will not retaliate against                  have a significant effect on the human                Charleston in the enforcement of the
                                                small entities that question or complain                environment. This rule involves a                     regulated areas.
                                                about this rule or any policy or action                 temporary safety zone, that will prohibit
                                                                                                                                                                 (c) Regulations. (1) All persons and
                                                of the Coast Guard.                                     entry within a 100-yard radius around
                                                                                                        the outer most points of the vessel.                  vessels are prohibited from entering,
                                                C. Collection of Information                                                                                  transiting through, anchoring in, or
                                                  This rule will not call for a new                     G. Protest Activities                                 remaining within the regulated area
                                                collection of information under the                       The Coast Guard respects the First                  unless authorized by the Captain of the
                                                Paperwork Reduction Act of 1995 (44                     Amendment rights of protesters.                       Port Charleston or a designated
                                                U.S.C. 3501–3520).                                      Protesters are asked to contact the                   representative.
                                                                                                        person listed in the FOR FURTHER                         (2) Persons and vessels desiring to
                                                D. Federalism and Indian Tribal
                                                                                                        INFORMATION CONTACT section to                        enter, transit through, anchor in, or
                                                Governments
                                                                                                        coordinate protest activities so that your            remain within the regulated area may
                                                   A rule has implications for federalism               message can be received without
                                                under Executive Order 13132,                                                                                  contact the Captain of the Port
                                                                                                        jeopardizing the safety or security of                Charleston by telephone at (843) 740–
                                                Federalism, if it has a substantial direct              people, places or vessels.
                                                effect on the States, on the relationship                                                                     7050, or a designated representative via
                                                between the national government and                     List of Subjects in 33 CFR Part 165                   VHF radio on channel 16, to request
                                                the States, or on the distribution of                     Marine safety, Navigation (water),                  authorization. If authorization to enter,
                                                power and responsibilities among the                    Reporting and recordkeeping                           transit through, anchor in, or remain
                                                various levels of government. We have                   requirements, Waterways.                              within the regulated area is granted, all
                                                analyzed this rule under that Order and                   For the reasons discussed in the                    persons and vessels receiving such
                                                have determined that it is consistent                   preamble, the Coast Guard amends 33                   authorization must comply with the
                                                with the fundamental federalism                         CFR part 165 as follows:                              instructions of the Captain of the Port
                                                principles and preemption requirements                                                                        Charleston or a designated
                                                described in Executive Order 13132.                     PART 165—REGULATED NAVIGATION                         representative.
                                                   Also, this rule does not have tribal                 AREAS AND LIMITED ACCESS AREAS                           (3) The Coast Guard will provide
                                                implications under Executive Order
                                                                                                        ■ 1. The authority citation for part 165              notice of the regulated area by Marine
                                                13175, Consultation and Coordination
                                                                                                        continues to read as follows:                         Safety Information Bulletins, Local
                                                with Indian Tribal Governments,
                                                                                                                                                              Notice to Mariners, Broadcast Notice to
                                                because it does not have a substantial                    Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
                                                direct effect on one or more Indian                                                                           Mariners, and on-scene designated
                                                                                                        191; 33 CFR 1.05–1(g), 6.04–1, and 160.5;
                                                tribes, on the relationship between the                 Department of Homeland Security Delegation            representatives.
                                                Federal Government and Indian tribes,                   No. 0170.1.                                              (d) Enforcement period. This rule will
                                                or on the distribution of power and                     ■ 2 . Add a temporary § 165.T07–0746                  be enforced when the M/V Zhenhuan 14
                                                responsibilities between the Federal                    to read as follows:                                   is transiting Charleston Harbor between
                                                Government and Indian tribes. If you                                                                          August 5, 2016 through 17, 2016.
                                                believe this rule has implications for                  § 100.T07–0746 Safety Zone; M/V
                                                                                                        Zhenhuan 14 Wando Terminal Crane                        Dated: August 1, 2016.
                                                federalism or Indian tribes, please
                                                contact the person listed in the FOR                    Movement; Charleston, SC.                             G.L. Tomasulo,
                                                FURTHER INFORMATION CONTACT section.                      (a) Regulated area. The following                   Captain, U.S. Coast Guard, Captain of the
                                                                                                        regulated area is a moving safety zone:               Port Charleston.
                                                E. Unfunded Mandates Reform Act                         All waters of the Charleston Harbor and               [FR Doc. 2016–18599 Filed 8–4–16; 8:45 am]
mstockstill on DSK3G9T082PROD with RULES




                                                  The Unfunded Mandates Reform Act                      Wando Rivers within a 100 yard radius                 BILLING CODE 9110–04–P
                                                of 1995 (2 U.S.C. 1531–1538) requires                   around the outer most points of the M/
                                                Federal agencies to assess the effects of               V Zhenhuan 14 while the cranes are in
                                                their discretionary regulatory actions. In              the downward position. The safety zone
                                                particular, the Act addresses actions                   will start in Charleston Harbor, in
                                                that may result in the expenditure by a                 approximate position 32°46′10″ N.,
                                                State, local, or tribal government, in the              79°55′15″ W. and transit to the Wando


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Document Created: 2016-08-05 06:43:31
Document Modified: 2016-08-05 06:43:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from August 5, 2016 through August 17, 2016.
ContactIf you have questions on this rule, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation81 FR 51798 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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