[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Rules and Regulations]
[Pages 28776-28779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10093]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0330]
RIN 1625-AA00


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

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Potomac River. This action is necessary to 
provide for the safety of persons, and the 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 May 16, 2022, through June 18, 
2022. 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 May 16, 2022, through 8 
p.m. on June 18, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0330 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

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
Sec.  Section
TFR Temporary final rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 21, 2022, Skanska-Corman-McLean, Joint Venture notified 
the Coast Guard that the company will be setting pier protection fender 
ring

[[Page 28777]]

precast segments adjacent to the Federal navigation channel at the new 
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge. Details of the operation were provided to the Coast Guard 
on April 27, 2022. A total of ten pier protection fender ring precast 
segments are to be set at two pier protection fender rings, which are 
located on each side of the Federal navigation channel. The setting of 
these segments is required to complete the construction of the bridge 
pier protection. The setting of each precast segment will require a 
minimum of two days and will be conducted between 7 a.m. and 8 p.m. 
from May 16, 2022, to June 18, 2022. The setting of four of the ten 
precast segments, two segments at each pier protection fender ring, 
described by the contractor does not require placing equipment within 
the Federal navigation channel.
    The setting of six of the ten precast segments, three segments at 
each pier protection fender ring, described by the contractor requires 
the movement in and anchoring at multiple points of a large crane barge 
within the Federal navigation channel. This crane can accommodate all 
of the 250-ton fender ring precast segments to be hoisted and placed 
precisely. The required sequence of the work involved means that heavy 
lift operations conducted from within the Federal navigation channel 
will not be completed continuously. On days when this work will be 
conducted, the large crane barge will be required to remain within the 
Federal navigation channel between 8 p.m. and 7 a.m., which will 
streamline the operation by avoiding the more than four hours it takes 
to demobilize and transport the large crane barge and its associated 
anchoring equipment, thereby reducing the time in the channel by 
several days. 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 doing so would be impracticable and 
contrary to the public interest. Construction operations involving 
large 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 cement cast portions, dangerous projectiles, and 
or other debris. We must establish this safety zone by May 16, 2022, to 
guard against these hazards.
    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 
to be 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 has determined that 
potential hazards associated with bridge construction starting May 16, 
2022 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 temporary safety zone from 7 a.m. on May 
16, 2022, through 8 p.m. on June 16, 2022. The safety zone will cover 
all navigable waters of the Potomac River encompassed by a line 
connecting the following points beginning at 38[deg]21'50.96'' N, 
076[deg]59'22.04'' W, thence south to 38[deg]21'43.08'' N, 
076[deg]59'20.55'' W, thence west to 38[deg]21'41.00'' N, 
076[deg]59'34.90'' W, thence north to 38[deg]21'48.90'' N, 
076[deg]59'36.80'' W, and east back to the beginning point located 
between Charles County, MD, and King George County, VA.
    The duration of the zone is intended to protect personnel and the 
marine environment in these navigable waters while pier protection 
fender ring precast segments are being set at the new Governor Harry W. 
Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge. 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 Maryland-National Capital Region 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 will 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. 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 of the safety 
zone. The temporary safety zone is approximately 450 yards in width and 
270 yards in length. This safety zone will impact a small designated 
area of the Potomac River for 34 days, but we anticipate that there 
will be no vessels that are unable to conduct business. Excursion 
vessels and commercial fishing vessels are not impacted by this 
rulemaking. Excursion vessels do not operate in this area, and 
commercial fishing vessels are not impacted because of their draft. 
Some towing vessels may be impacted, but bridge project personnel have 
been conducting outreach throughout the project in order to coordinate 
with those vessels. Vessel traffic, including recreational vessels, 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 
or the west of the Federal

[[Page 28778]]

navigation channel, as similar vertical clearance and water depth exist 
under the next bridge span to the east and west. Moreover, the Coast 
Guard will issue Local Notices to Mariners and a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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 
temporary safety zone lasting 34 total days 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T05-0330 to read as follows:


Sec.  165.T05-0330   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]21'50.96'' N, 076[deg]59'22.04'' 
W, thence south to 38[deg]21'43.08'' N, 076[deg]59'20.55'' W, thence 
west to 38[deg]21'41.00'' N, 076[deg]59'34.90'' W, thence north to 
38[deg]21'48.90'' N, 076[deg]59'36.80'' 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 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

[[Page 28779]]

Skanska-Corman-McLean, Joint Venture, or its subcontractors.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, except for marine equipment, 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 period. The section will be enforced from 7 a.m. on 
May 16, 2022, through 8 p.m. on June 18, 2022.

    Dated: May 5, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National 
Capital Region.
[FR Doc. 2022-10093 Filed 5-10-22; 8:45 am]
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