83_FR_8396 83 FR 8357 - Safety Zone; Wando Terminal Crane Movement; Charleston, SC

83 FR 8357 - Safety Zone; Wando Terminal Crane Movement; Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range8357-8359
FR Document2018-03915

The Coast Guard is establishing a temporary moving safety zone in the Port of Charleston in Charleston, SC around the vessel, M/V Zhen Hua 16. This temporary safety zone is necessary to provide for the safety of waterway users and the M/V Zhen Hua 16 during the vessel's transit into the Port of Charleston, its stay at Columbus Street Terminal, its transit to and stay at Wando Terminal, and its outbound transit departing the Port of Charleston. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Charleston.

Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8357-8359]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03915]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0074]
RIN 1625-AA00


Safety Zone; Wando Terminal Crane Movement; Charleston, SC

AGENCY: Coast Guard, DHS.

[[Page 8358]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
in the Port of Charleston in Charleston, SC around the vessel, M/V Zhen 
Hua 16. This temporary safety zone is necessary to provide for the 
safety of waterway users and the M/V Zhen Hua 16 during the vessel's 
transit into the Port of Charleston, its stay at Columbus Street 
Terminal, its transit to and stay at Wando Terminal, and its outbound 
transit departing the Port of Charleston. 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 without actual notice from February 27, 
2018 through March 31, 2018. For the purposes of enforcement, actual 
notice will be used from February 23, 2018 through February 27, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0074 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 Justin Heck, 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 impracticable. We must 
establish this safety zone by February 23, 2018 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 January 24, 2018. 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 16.
    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 16.

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 (COTP) Charleston has determined that 
potential hazards exist and will be associated with navigation and 
dockside operations of the M/V Zhen Hua 16 while within the Sector 
Charleston Captain of the Port Zone. Due to the size of the cranes 
aboard the vessel and the vessel's limited ability to maneuver this 
temporary safety zone is necessary to ensure the safety of, and reduce 
the risk to, the public and mariners.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone from 12:00 
a.m. on February 23, 2018, through 11:59 p.m. on March 31, 2018, 
encompassing all navigable waters from the surface to the sea floor 
within 100 yards of the M/V Zhen Hua 16 while the vessel is underway, 
moored, or anchored in the Sector Charleston Captain of the Port Zone. 
No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. 
Sector Charleston may be contacted on VHF-FM Channel 16 or (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 the 
minimum necessary to provide adequate protection for the waterway 
users, adjoining areas, and the public. The temporary safety zone will 
be in place during the vessel's time inside the Sector Charleston 
Captain of the Port Zone. Any hardships experienced by persons or 
vessels are considered minimal compared to the interest in protecting 
the public.

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 
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

[[Page 8359]]

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, which guides 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 16, 
during the vessel's transit, mooring and anchoring in the Sector 
Charleston Captain of the Port Zone. 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. 01. 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 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. 1231; 50 U.S.C. 191; 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.T07-0074 to read as follows:


Sec.  165.T07-0074  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 16 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 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 section will be enforced beginning at 
12:00 a.m. on February 23, 2018, until 11:59 p.m. on March 31, 2018. 
This rule will be enforced while M/V Zhen Hua is underway, moored, or 
anchored in the Sector Charleston Captain of the Port Zone.

    Dated: February 21, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-03915 Filed 2-26-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                              8357

                                             nor an environmental impact statement                       (ii) A detailed description of                     within-run, between run, and total
                                             is required.                                             instrumentation and equipment,                        variation.
                                                                                                      including illustrations or photographs of                (E) Analytical specificity studies
                                             IV. Paperwork Reduction Act of 1995
                                                                                                      non-standard equipment or manuals.                    including as appropriate, western blots,
                                               This final order establishes special                      (iii) Detailed documentation of the                peptide inhibition, testing in normal
                                             controls that refer to previously                        device software, including, but not                   tissues and neoplastic tissues,
                                             approved collections of information                      limited to, standalone software                       interference by endogenous and
                                             found in other FDA regulations and                       applications and hardware-based                       exogenous substances, and cross-
                                             guidance. These collections of                           devices that incorporate software.                    reactivity and cross contamination
                                             information are subject to review by the                    (iv) A detailed description of quality             testing.
                                             Office of Management and Budget                          controls including appropriate positive                  (F) Device analytical sensitivity data
                                             (OMB) under the Paperwork Reduction                      and negative controls that are                        generated by testing an adequate
                                             Act of 1995 (44 U.S.C. 3501–3520). The                   recommended or provided.                              number of samples from individuals
                                             collections of information in the                           (v) Detailed specifications for sample             with the target condition such that
                                             guidance document ‘‘De Novo                              collection, processing, and storage.                  prevalence of the biomarker in the target
                                             Classification Process (Evaluation of                       (vi) A detailed description of                     population is established.
                                             Automatic Class III Designation)’’ have                  methodology and assay procedure.                         (G) Device stability data, including
                                             been approved under OMB control                             (vii) A description of the assay cut-off           real-time stability and in-use stability,
                                             number 0910–0844; the collections of                     (i.e., the medical decision point between             and stability evaluating various storage
                                             information in part 814, subparts A                      positive and negative results) or other               times, temperatures, and freeze-thaw
                                             through E, regarding premarket                           relevant criteria that distinguishes                  conditions, as appropriate.
                                             approval, have been approved under                       positive and negative results, or ordinal                (H) The staining performance criteria
                                             OMB control number 0910–0231; the                        classes of marker expression, including               assessed must include overall staining
                                             collections of information in part 807,                  the rationale for the chosen cut-off or               acceptability, background staining
                                             subpart E, regarding premarket                           other relevant criteria and results                   acceptability, and morphology
                                             notification submissions, have been                      supporting validation of the cut-off.                 acceptability, as appropriate.
                                             approved under OMB control number                           (viii) Detailed specification of the                  (I) Appropriate training requirements
                                             0910–0120; and the collections of                        criteria for test result interpretation and           for users, including interpretation
                                             information in 21 CFR parts 801 and                      reporting.                                            manual, as applicable.
                                             809, regarding labeling, have been                          (ix) Detailed information                             (J) Identification of risk mitigation
                                             approved under OMB control number                        demonstrating the performance                         elements used by the device, including
                                             0910–0485.                                               characteristics of the device, including:             a description of all additional
                                                                                                         (A) Data from an appropriate study                 procedures, methods, and practices
                                             List of Subjects in 21 CFR Part 864
                                                                                                      demonstrating clinical accuracy using                 incorporated into the instructions for
                                               Blood, Medical devices, Packaging                      well-characterized clinical specimens                 use that mitigate risks associated with
                                             and containers.                                          representative of the intended use                    testing.
                                               Therefore, under the Federal Food,                     population (i.e., concordance to                         (2) The device’s § 809.10(b) of this
                                             Drug, and Cosmetic Act and under                         Deoxyribonucleic Acid (DNA)                           chapter compliant labeling must include
                                             authority delegated to the Commissioner                  sequencing results of the Lynch                       a detailed description of the protocol,
                                             of Food and Drugs, 21 CFR part 864 is                    syndrome associated genes or method                   including the information described in
                                             amended as follows:                                      comparison to the predicate device                    paragraphs (b)(1)(i) through (viii) of this
                                                                                                      using samples with known alterations in               section, as appropriate, and a detailed
                                             PART 864—HEMATOLOGY AND                                  genes representative of Lynch                         description of the performance studies
                                             PATHOLOGY DEVICES                                        syndrome). Pre-specified acceptance                   performed and the summary of the
                                                                                                      criteria must be provided and followed.               results, including those that relate to
                                             ■ 1. The authority citation for part 864                                                                       paragraph (b)(1)(ix) of this section, as
                                             continues to read as follows:                               (B) Appropriate device
                                                                                                      reproducibility data investigating all                appropriate.
                                               Authority: 21 U.S.C. 351, 360, 360c, 360e,             sources of variance (e.g., for distributed              Dated: February 21, 2018.
                                             360j, 360l, 371.                                         tests, data generated using a minimum                 Leslie Kux,
                                             ■ 2. Add § 864.1866 to subpart B to read                 of three sites, of which at least two sites           Associate Commissioner for Policy.
                                             as follows:                                              must be external sites). Each site must               [FR Doc. 2018–03924 Filed 2–26–18; 8:45 am]
                                                                                                      perform testing over a minimum of 5
                                             § 864.1866       Lynch syndrome test systems.            nonconsecutive days evaluating a
                                                                                                                                                            BILLING CODE 4164–01–P

                                                (a) Identification. Lynch syndrome                    sample panel that spans the claimed
                                             test systems are in vitro diagnostic tests               measuring range, and includes the
                                             for use with tumor tissue to identify                    clinical threshold. Pre-specified                     DEPARTMENT OF HOMELAND
                                             previously diagnosed cancer patients at                  acceptance criteria must be provided                  SECURITY
                                             risk for having Lynch syndrome.                          and followed.
                                                (b) Classification. Class II (special                                                                       Coast Guard
                                                                                                         (C) Data demonstrating reader
                                             controls). The special controls for this                 reproducibility, both within-reader and
                                             device are:                                                                                                    33 CFR Part 165
                                                                                                      between-reader, assessed by three
                                                (1) Premarket notification                            readers over 3 nonconsecutive days at
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                                                                                                                                                            [Docket Number USCG–2018–0074]
                                             submissions must include the following                   each site, including a 2 week washout
                                             information, as appropriate:                             period between reads, as appropriate.                 RIN 1625–AA00
                                                (i) A detailed description of all test                   (D) Device precision data using                    Safety Zone; Wando Terminal Crane
                                             components, including all provided                       clinical samples spanning the                         Movement; Charleston, SC
                                             reagents, and required but not provided,                 measuring range and controls to
                                             ancillary reagents.                                      evaluate the within-lot, between-lot,                 AGENCY:    Coast Guard, DHS.


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                                             8358             Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations

                                             ACTION:   Temporary final rule.                         lack sufficient time to provide a                     alternatives and, if regulation is
                                                                                                     reasonable comment period and then                    necessary, to select regulatory
                                             SUMMARY:   The Coast Guard is                           consider those comments before issuing                approaches that maximize net benefits.
                                             establishing a temporary moving safety                  the rule because the details of the event             Executive Order 13771 directs agencies
                                             zone in the Port of Charleston in                       were not provided to the Coast Guard                  to control regulatory costs through a
                                             Charleston, SC around the vessel, M/V                   until January 24, 2018. It is also contrary           budgeting process. This rule has not
                                             Zhen Hua 16. This temporary safety                      to the public interest as it would delay              been designated a ‘‘significant
                                             zone is necessary to provide for the                    the planning and implementation of                    regulatory action,’’ under Executive
                                             safety of waterway users and the M/V                    safety measures necessary to protect the              Order 12866. Accordingly, this rule has
                                             Zhen Hua 16 during the vessel’s transit                 public and mariners from the hazards                  not been reviewed by the Office of
                                             into the Port of Charleston, its stay at                associated with the transit of the M/V                Management and Budget (OMB), and
                                             Columbus Street Terminal, its transit to                                                                      pursuant to OMB guidance it is exempt
                                                                                                     Zhen Hua 16.
                                             and stay at Wando Terminal, and its                        Under 5 U.S.C. 553(d)(3), the Coast                from the requirements of Executive
                                             outbound transit departing the Port of                  Guard finds that good cause exists for                Order 13771.
                                             Charleston. Entry of vessels or persons                 making this rule effective less than 30                  This regulatory action determination
                                             into this zone is prohibited unless                     days after publication in the Federal                 is based on the size, location, and
                                             specifically authorized by the Captain of               Register. Delaying the effective date of              duration of the safety zone. The size of
                                             the Port Charleston.                                    this rule would be contrary to public                 the zone is the minimum necessary to
                                             DATES: This rule is effective without                   interest because immediate action is                  provide adequate protection for the
                                             actual notice from February 27, 2018                    needed to respond to the potential                    waterway users, adjoining areas, and the
                                             through March 31, 2018. For the                         safety hazards associated with the                    public. The temporary safety zone will
                                             purposes of enforcement, actual notice                  transit of the M/V Zhen Hua 16.                       be in place during the vessel’s time
                                             will be used from February 23, 2018                                                                           inside the Sector Charleston Captain of
                                             through February 27, 2018.                              III. Legal Authority and Need for Rule                the Port Zone. Any hardships
                                             ADDRESSES: To view documents                               The Coast Guard is issuing this rule               experienced by persons or vessels are
                                             mentioned in this preamble as being                     under authority in 33 U.S.C. 1231. The                considered minimal compared to the
                                             available in the docket, go to http://                  Captain of the Port (COTP) Charleston                 interest in protecting the public.
                                             www.regulations.gov, type USCG–2018–                    has determined that potential hazards                 B. Impact on Small Entities
                                             0074 in the ‘‘SEARCH’’ box and click                    exist and will be associated with
                                             ‘‘SEARCH.’’ Click on Open Docket                        navigation and dockside operations of                    The Regulatory Flexibility Act of
                                             Folder on the line associated with this                 the M/V Zhen Hua 16 while within the                  1980, 5 U.S.C. 601–612, as amended,
                                             rule.                                                   Sector Charleston Captain of the Port                 requires Federal agencies to consider
                                             FOR FURTHER INFORMATION CONTACT: If                     Zone. Due to the size of the cranes                   the potential impact of regulations on
                                             you have questions on this rule, call or                aboard the vessel and the vessel’s                    small entities during rulemaking. The
                                             email Lieutenant Justin Heck, Sector                    limited ability to maneuver this                      term ‘‘small entities’’ comprises small
                                             Charleston Office of Waterways                          temporary safety zone is necessary to                 businesses, not-for-profit organizations
                                             Management, Coast Guard; telephone                      ensure the safety of, and reduce the risk             that are independently owned and
                                             (843) 740–3184, email Justin.c.heck@                    to, the public and mariners.                          operated and are not dominant in their
                                             uscg.mil.                                                                                                     fields, and governmental jurisdictions
                                                                                                     IV. Discussion of the Rule                            with populations of less than 50,000.
                                             SUPPLEMENTARY INFORMATION:                                                                                    The Coast Guard certifies under 5 U.S.C.
                                                                                                       This rule establishes a temporary
                                             I. Table of Abbreviations                               moving safety zone from 12:00 a.m. on                 605(b) that this rule will not have a
                                                                                                     February 23, 2018, through 11:59 p.m.                 significant economic impact on a
                                             CFR Code of Federal Regulations
                                             DHS Department of Homeland Security                     on March 31, 2018, encompassing all                   substantial number of small entities.
                                             FR Federal Register                                     navigable waters from the surface to the                 While some owners or operators of
                                             NPRM Notice of proposed rulemaking                      sea floor within 100 yards of the M/V                 vessels intending to transit the safety
                                             § Section                                               Zhen Hua 16 while the vessel is                       zone may be small entities, for the
                                             U.S.C. United States Code                               underway, moored, or anchored in the                  reasons stated in section V.A. above,
                                                                                                     Sector Charleston Captain of the Port                 this rule will not have a significant
                                             II. Background Information and
                                                                                                     Zone. No vessel or person is permitted                economic impact on any vessel owner
                                             Regulatory History
                                                                                                     to enter the safety zone without                      or operator.
                                                The Coast Guard is issuing this                      obtaining permission from the COTP or                    Under section 213(a) of the Small
                                             temporary rule without prior notice and                 a designated representative. Sector                   Business Regulatory Enforcement
                                             opportunity to comment pursuant to                      Charleston may be contacted on VHF-                   Fairness Act of 1996 (Pub. L. 104–121),
                                             authority under section 4(a) of the                     FM Channel 16 or (843) 740–7050.                      we want to assist small entities in
                                             Administrative Procedure Act (APA) (5                                                                         understanding this rule. If the rule
                                             U.S.C. 553(b)). This provision                          V. Regulatory Analyses                                would affect your small business,
                                             authorizes an agency to issue a rule                      We developed this rule after                        organization, or governmental
                                             without prior notice and opportunity to                 considering numerous statutes and                     jurisdiction and you have questions
                                             comment when the agency for good                        Executive orders related to rulemaking.               concerning its provisions or options for
                                             cause finds that those procedures are                   Below we summarize our analyses                       compliance, please contact the person
                                             ‘‘impracticable, unnecessary, or contrary               based on a number of these statutes and               listed in the FOR FURTHER INFORMATION
                                             to the public interest.’’ Under 5 U.S.C.
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                                                                                                     Executive orders, and we discuss First                CONTACT section.
                                             553(b)(B), the Coast Guard finds that                   Amendment rights of protestors.                          Small businesses may send comments
                                             good cause exists for not publishing a                                                                        on the actions of Federal employees
                                             notice of proposed rulemaking (NPRM)                    A. Regulatory Planning and Review                     who enforce, or otherwise determine
                                             with respect to this rule because it is                   Executive Orders 12866 and 13563                    compliance with, Federal regulations to
                                             impracticable. We must establish this                   direct agencies to assess the costs and               the Small Business and Agriculture
                                             safety zone by February 23, 2018 and                    benefits of available regulatory                      Regulatory Enforcement Ombudsman


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                                                              Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations                                               8359

                                             and the Regional Small Business                         Directive 023–01, which guides the                    Coast Guard vessels, and Federal, state,
                                             Regulatory Fairness Boards. The                         Coast Guard in complying with the                     and local officers designated by or
                                             Ombudsman evaluates these actions                       National Environmental Policy Act of                  assisting the Captain of the Port
                                             annually and rates each agency’s                        1969 (42 U.S.C. 4321–4370f), and have                 Charleston in the enforcement of the
                                             responsiveness to small business. If you                determined that this action is one of a               regulated areas.
                                             wish to comment on actions by                           category of actions that do not                          (c) Regulations. (1) All persons and
                                             employees of the Coast Guard, call 1–                   individually or cumulatively have a                   vessels are prohibited from entering,
                                             888–REG–FAIR (1–888–734–3247). The                      significant effect on the human                       transiting through, anchoring in, or
                                             Coast Guard will not retaliate against                  environment. This rule involves a                     remaining within the regulated area
                                             small entities that question or complain                temporary safety zone that will prohibit              unless authorized by the Captain of the
                                             about this rule or any policy or action                 entry within a 100-yard radius of the                 Port Charleston or a designated
                                             of the Coast Guard.                                     vessel, M/V Zhen Hua 16, during the                   representative.
                                                                                                     vessel’s transit, mooring and anchoring                  (2) Persons and vessels desiring to
                                             C. Collection of Information
                                                                                                     in the Sector Charleston Captain of the               enter, transit through, anchor in, or
                                               This rule will not call for a new                     Port Zone. It is categorically excluded               remain within the regulated area may
                                             collection of information under the                     from further review under paragraph                   contact the Captain of the Port
                                             Paperwork Reduction Act of 1995 (44                     L60(a) of Appendix A, Table 1 of DHS                  Charleston by telephone at (843) 740–
                                             U.S.C. 3501–3520).                                      Instruction Manual 023–01–001–01,                     7050, or a designated representative via
                                             D. Federalism and Indian Tribal                         Rev. 01. A Record of Environmental                    VHF radio on channel 16, to request
                                             Governments                                             Consideration supporting this                         authorization. If authorization to enter,
                                                                                                     determination is available in the docket              transit through, anchor in, or remain
                                                A rule has implications for federalism               where indicated under ADDRESSES.                      within the regulated area is granted, all
                                             under Executive Order 13132,                                                                                  persons and vessels receiving such
                                             Federalism, if it has a substantial direct              G. Protest Activities
                                                                                                                                                           authorization must comply with the
                                             effect on the States, on the relationship                 The Coast Guard respects the First                  instructions of the Captain of the Port
                                             between the national government and                     Amendment rights of protesters.                       Charleston or a designated
                                             the States, or on the distribution of                   Protesters are asked to contact the                   representative.
                                             power and responsibilities among the                    person listed in the FOR FURTHER                         (3) The Coast Guard will provide
                                             various levels of government. We have                   INFORMATION CONTACT section to                        notice of the regulated area by Marine
                                             analyzed this rule under that Order and                 coordinate protest activities so that your            Safety Information Bulletins, Local
                                             have determined that it is consistent                   message can be received without                       Notice to Mariners, Broadcast Notice to
                                             with the fundamental federalism                         jeopardizing the safety or security of                Mariners, and on-scene designated
                                             principles and preemption requirements                  people, places or vessels.                            representatives.
                                             described in Executive Order 13132.                                                                              (d) Enforcement period. This section
                                                Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165
                                                                                                                                                           will be enforced beginning at 12:00 a.m.
                                             implications under Executive Order                        Marine safety, Navigation (water),                  on February 23, 2018, until 11:59 p.m.
                                             13175, Consultation and Coordination                    Reporting and recordkeeping                           on March 31, 2018. This rule will be
                                             with Indian Tribal Governments,                         requirements, Waterways.                              enforced while M/V Zhen Hua is
                                             because it does not have a substantial                    For the reasons discussed in the                    underway, moored, or anchored in the
                                             direct effect on one or more Indian                     preamble, the Coast Guard amends 33                   Sector Charleston Captain of the Port
                                             tribes, on the relationship between the                 CFR part 165 as follows:                              Zone.
                                             Federal Government and Indian tribes,
                                             or on the distribution of power and                     PART 165—REGULATED NAVIGATION                           Dated: February 21, 2018.
                                             responsibilities between the Federal                    AREAS AND LIMITED ACCESS AREAS                        J.W. Reed,
                                             Government and Indian tribes. If you                                                                          Captain, U.S. Coast Guard, Captain of the
                                             believe this rule has implications for                  ■ 1. The authority citation for part 165              Port Charleston.
                                             federalism or Indian tribes, please                     continues to read as follows:                         [FR Doc. 2018–03915 Filed 2–26–18; 8:45 am]
                                             contact the person listed in the FOR                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           BILLING CODE 9110–04–P
                                             FURTHER INFORMATION CONTACT section                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             above.                                                  Department of Homeland Security Delegation
                                                                                                     No. 0170.1.
                                             E. Unfunded Mandates Reform Act                                                                               ENVIRONMENTAL PROTECTION
                                                                                                     ■ 2. Add § 165.T07–0074 to read as                    AGENCY
                                               The Unfunded Mandates Reform Act                      follows:
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                         40 CFR Part 52
                                             Federal agencies to assess the effects of               § 165.T07–0074 Safety Zone; Wando
                                                                                                     Terminal Crane Movement; Charleston, SC.              [EPA–R06–OAR–2017–0077; FRL–9974–
                                             their discretionary regulatory actions. In
                                                                                                                                                           51—Region 6]
                                             particular, the Act addresses actions                      (a) Regulated area. The following
                                             that may result in the expenditure by a                 regulated area is a moving safety zone:               Approval and Promulgation of
                                             State, local, or tribal government, in the              All waters of the Charleston Harbor,                  Implementation Plans; Texas;
                                             aggregate, or by the private sector of                  Cooper River, and Wando River in                      Approval of Texas Motor Vehicle Rule
                                             $100,000,000 (adjusted for inflation) or                Charleston, SC within a 100 yard radius               Revisions
                                             more in any one year. Though this rule                  around the outer most points of the
daltland on DSKBBV9HB2PROD with RULES




                                             will not result in such an expenditure,                 M/V Zhen Hua 16 while the vessel is                   AGENCY: Environmental Protection
                                             we do discuss the effects of this rule                  underway, moored or anchored.                         Agency (EPA).
                                             elsewhere in this preamble.                                (b) Definition. As used in this section,           ACTION: Direct final rule.
                                                                                                     ‘‘designated representative’’ means
                                             F. Environment                                          Coast Guard Patrol Commanders,                        SUMMARY:  Pursuant to the Federal Clean
                                               We have analyzed this rule under                      including Coast Guard coxswains, petty                Air Act (CAA or the Act), the
                                             Department of Homeland Security                         officers, and other officers operating                Environmental Protection Agency (EPA)


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Document Created: 2018-02-27 01:14:57
Document Modified: 2018-02-27 01:14:57
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 without actual notice from February 27, 2018 through March 31, 2018. For the purposes of enforcement, actual notice will be used from February 23, 2018 through February 27, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Justin Heck, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation83 FR 8357 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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