[Federal Register Volume 90, Number 144 (Wednesday, July 30, 2025)]
[Rules and Regulations]
[Pages 35836-35838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14395]
[[Page 35836]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0680]
RIN 1625-AA00
Safety Zone; Francis Scott Key Bridge, Patapsco River, Baltimore,
MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for certain
waters of the Patapsco River, in Baltimore, MD. This action is
necessary to provide for the safety of life on these navigable waters
at the Francis Scott Key Bridge during demolition and construction
operations. This rulemaking prohibits 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 August 15, 2025, through October 15,
2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0680 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 LCDR Kate M. Newkirk, 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, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
MDTA Maryland Transportation Authority
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Maryland Transportation Authority (MDTA) has notified the Coast
Guard that it will be conducting demolition and construction activities
on the Patapsco River at the site of the Francis Scott Key Bridge,
which was hit by a container ship on March 26, 2024, see 89 FR 24385
(April 8, 2024). Debris removal and hydrographic surveying will be
conducted on the Sollers Point side of the remaining bridge segments.
Marine equipment, including barges, positioned in the Patapsco River
will be used to support bridge demolition and debris removal
operations. This operation requires the use of a temporary commercial
mooring buoy on the Patapsco River, in the vicinity of the old bridge.
This operation will not prevent vessels from using the federal
navigation 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 it is impracticable to publish an
NPRM without delaying promulgation of the final rule establishing this
safety zone past August 15, 2025, when demolition operations will
begin.
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 because the rule must be in effect by
August 15, 2025 to respond to the potential safety hazards associated
with demolition operations at the old Francis Scott Key (US-695)
Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with bridge
demolition, which are scheduled to start August 15, 2025, will be a
safety concern for anyone near the old Francis Scott Key Bridge (US-
695) demolition 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 demolished.
IV. Discussion of the Rule
The COTP is establishing a safety zone from 12:01 a.m. on August
15, 2025, to 11:59 p.m. on October 15, 2025. The safety zone will cover
the following area: all navigable waters of the Patapsco River,
encompassed by a line connecting the following points beginning at
39[deg]13.40 N, 076[deg]31.28' W, thence east to 39[deg]13.317' N,
076[deg]31.167' W, thence southwest to 39[deg]13.067' N, 076[deg]31.55'
W, thence northwest to 39[deg]13.133' N, 076[deg]31.65' W, and thence
northeast to the beginning point, located in the vicinity of Sollers
Point.
The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled demolition and debris removal. Except for marine equipment
and vessels operated by MDTA or its subcontractors, no vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The term
designated representative includes an MDTA supervisor or contractor on
site for the sole purposes of designating and establishing safe transit
corridors, to permit passage into or through the safety zone, or to
notify vessels and individuals that they have entered the safety zone
and are required to leave.
In accordance with 33 CFR 165.7(a), the COTP will notify the public
by all appropriate means that the safety zone will be enforced. 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 and 46 U.S.C.
70052. The regulatory text appears at the end of this document.
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.
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). The Coast Guard has determined that this rule is nonsignificant
under Executive Order 12866.
This regulatory action determination is based on the size, location
and time of year of the safety zone. The temporary safety zone is
approximately
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1000 feet in width and 2000 feet in length. This safety zone would
impact a small, designated area of the Patapsco River for a total of 62
days, but we do not anticipate there will be any vessels that will be
unable to conduct business as a result of the safety zone. 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 the waters in this
area are too shallow to accommodate them. Some towing vessels may be
impacted, but bridge project personnel have been conducting outreach
throughout the project to coordinate with those vessels. Moreover, the
Coast Guard would 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 analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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 affects 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 proposed rule
involves a safety zone lasting 62 total days that would prohibit entry
within a portion of the Potomac River. Normally such actions are
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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 is
proposing to amend 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T05-0680 to read as follows:
Sec. 165.T05-0680 Safety Zone; Patapsco River, Francis Scott Key
Bridge
(a) Location. The following area is a safety zone: The safety zone
will cover the following area: all navigable waters of the Patapsco
River, encompassed by a line connecting the following points beginning
at 39[deg]13.40' N, 076[deg]31.28' W, thence east to 39[deg]13.317' N,
076[deg]31.167' W, thence southwest to 39[deg]13.067' N, 076[deg]31.55'
W, thence northwest to 39[deg]13.133' N, 076[deg]31.65' W, and thence
northeast to the beginning point, located in the vicinity of Sollers
Point. 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. The term also includes an employee or contractor of the
Maryland Transportation Authority (MDTA) for the sole purposes of
designating and establishing safe transit corridors, to permit passage
into or through the safety zone, or to notify vessels and individuals
that they have entered the safety zone and are required to leave.
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Marine equipment means any vessel, barge or other equipment
operated by MDTA, 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, MDTA, or the COTP's designated representative.
If a vessel or person is notified by the COTP, MDTA, or the COTP's
designated representative that they have entered the safety zone
without permission, they are required to immediately leave in a safe
manner following the directions given.
(2) Mariners requesting to transit any of these safety zone areas
must first contact the MDTA designated representative, the on-site
project manager, via Marine Band Radio VHF-FM channels 16. If
permission is granted, mariners proceed at their own risk and must
strictly observe any and all instructions provided by the COTP, MDTA,
or designated representative to the mariner regarding the conditions of
entry to and exit from any area of the safety zone. The COTP or the
COTP's representative can be contacted by telephone number 410-576-2693
or on Marine Band Radio VHF-FM channel 16 (156.8 MHz).
(3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
(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. This section will be enforced from 12:01
a.m. on August 15, 2025, to 11:59 p.m. on October 15, 2025.
Dated: July 23, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2025-14395 Filed 7-29-25; 8:45 am]
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