[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31167-31170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12340]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0399]
RIN 1625-AA00


Safety Zone; Potomac River, Between Charles County, MD and King 
George County, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters in the Potomac River. This action is necessary to 
provide for the safety of persons, property, and the

[[Page 31168]]

marine environment from the potential safety hazards associated with 
construction operations at the new Governor Harry W. Nice/Senator 
Thomas ``Mac'' Middleton Memorial (US-301) Bridge, which will occur 
from 7 a.m. on June 14, 2021, through 9 p.m. on June 19, 2021. This 
rule will prohibit persons and vessels from being in the safety zone 
unless authorized by the Captain of the Port Maryland-National Capital 
Region or a designated representative.

DATES: This rule is effective from 7 a.m. on June 14, 2021, through 9 
p.m. on June 19, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0399 in the ``SEARCH'' box and click ``SEARCH.'' Click on 
DOCUMENTS on the line associated with this rule below ``SEARCH''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ron Houck, Sector Maryland-NCR, Waterways Management 
Division, U.S. Coast Guard: telephone 410-576-2674, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    On June 3, 2021, Skanska-Corman-McLean, Joint Venture, notified the 
Coast Guard that from 7 a.m. on June 14, 2021, to 9 p.m. on June 19, 
2021, it will be setting the tub sections at the new Governor Harry W. 
Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge at Pier 
43, which is adjacent and to the west of the federal navigation 
channel. The operation requires using two large crane barges and other 
marine equipment positioned within the federal navigation channel. This 
operation will impede vessels requiring the use of the channel.
    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 construction operations, involving 
simultaneous crane heavy lifts, at the new Governor Harry W. Nice/
Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge must occur 
within the federal navigation channel. Immediate action is needed to 
respond to the potential safety hazards associated with bridge 
construction. Hazards from the construction operations include low-
hanging or falling ropes, cables, large piles and cement cast portions, 
dangerous projectiles, and or other debris. It is impracticable and 
contrary to the public interest to publish an NPRM because we must 
establish this safety zone by June 14, 2021.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with construction operations at the new Governor 
Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge 
conducted within the federal navigation channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP Maryland-National Capital 
Region has determined that potential hazards associated with bridge 
construction starting June 7, 2021, will be a safety concern for anyone 
within the federal navigation channel at the new Governor Harry W. 
Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge 
construction site. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone while the bridge is being constructed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on June 14, 2021, 
through 9 p.m. on June 19, 2021. The safety zone will cover all 
navigable waters of the Potomac River, encompassed by a line connecting 
the following points beginning at 38[deg]21'50.5'' N, 076[deg]59'25.6'' 
W, thence south to 38[deg]21'42.6'' N, 076[deg]59'23.8'' W, thence west 
to 38[deg]21'41.0'' N, 076[deg]59'34.9'' W, thence north to 
38[deg]21'48.9'' N, 076[deg]59'36.8'' W, and east back to the beginning 
point, located between Charles County, MD and King George County, VA. 
The regulated area is approximately 300 yards in width and 270 yards in 
length.
    This regulation requires that the bridge owner post a sign facing 
the northern and southern approaches of the navigation channel labeled 
``BRIDGE WORK--DANGER--STAY AWAY'' affixed to the sides of the on-scene 
marine equipment and vessels operating within the area of the safety 
zone. This provides on-scene notice of the safety zone. This notice 
will consist of a diamond shaped sign (minimum 4 feet by 4 feet) with a 
3-inch orange retro reflective border. The word ``DANGER'' will be 10 
inch black block letters centered on the sign with the words ``BRIDGE 
WORK'' and ``STAY AWAY'' in 6 inch black block letters placed above and 
below the word ``DANGER,'' respectively, on a white background.
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters while the tub 
sections are being set at the new Governor Harry W. Nice/Senator Thomas 
``Mac'' Middleton Memorial (US-301) Bridge at Pier 43, which is 
adjacent and to the west of the federal navigation channel. Except for 
marine equipment and vessels operated by Skanska-Corman-McLean, Joint 
Venture, or its subcontractors, no vessel or person will be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.
    The COTP will notify the public that the safety zone will be 
enforced by all appropriate means to the affected segments of the 
public, as practicable, in accordance with 33 CFR 165.7(a). Such means 
of notification may also include, but are not limited to, Broadcast 
Notice to Mariners. Vessels or persons violating this rule are subject 
to the penalties set forth in 46 U.S.C. 70036 (previously codified in 
33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C. 
192).

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.

[[Page 31169]]

This rule has not been designated a ``significant regulatory action,'' 
under Executive Order 12866. Accordingly, this rule has not been 
reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on size and duration 
of the safety zone. Vessel traffic not required to use the navigation 
channel will be able to safely transit around the safety zone. Such 
vessels may be able to transit to the east of the federal navigation 
channel, as similar vertical clearance and water depth exist under the 
next bridge span to the east. This safety zone will impact a small 
designated area of the Potomac River for approximately 110 hours, but 
coincides with the non-peak season for recreational boating.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting only 110 total hours that will prohibit entry 
within a portion of the Potomac River. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0399 to read as follows:


Sec.  165.T05-0399   Safety Zone; Potomac River, Between Charles 
County, MD and King George County, VA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Potomac River, encompassed by a line connecting the 
following points beginning at 38[deg]21'50.5'' N, 076[deg]59'25.6'' W, 
thence south to 38[deg]21'42.6'' N, 076[deg]59'23.8'' W, thence west to 
38[deg]21'41.0'' N, 076[deg]59'34.9'' W, thence north to 
38[deg]21'48.9'' N, 076[deg]59'36.8'' W, and east back to the beginning 
point, located between Charles County, MD and King George County, VA. 
These coordinates are based on datum NAD 83.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned, 
warrant, or

[[Page 31170]]

petty officer, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port 
Maryland-National Capital Region (COTP) in the enforcement of the 
safety zone.
    Marine equipment means any vessel, barge or other equipment 
operated by Skanska-Corman-McLean, Joint Venture, or its 
subcontractors.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone number 410-576-2693 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement. This safety zone will be enforced during the 
period described in paragraph (f) of this section. A ``BRIDGE WORK--
DANGER--STAY AWAY'' sign facing the northern and southern approaches of 
the navigation channel will be posted on the sides of the marine 
equipment on-scene within the location described in paragraph (a) of 
this section.
    (f) Enforcement period. This section will be enforced from 7 a.m. 
on June 14, 2021, through 9 p.m. on June 19, 2021.

    Dated: June 8, 2021.
Mathew S. Fine,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector 
Maryland-NCR.
[FR Doc. 2021-12340 Filed 6-10-21; 8:45 am]
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