[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Proposed Rules]
[Pages 42864-42867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17094]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2025-0783]
RIN 1625-AA00
Safety Zone; Patapsco River, Francis Scott Key Bridge
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish two temporary safety
zones
[[Page 42865]]
for certain waters of the Patapsco River. 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 would 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. We invite your comments
on this proposed rulemaking.
DATES: This temporary rule would be in effect from October 15, 2025 to
October 15, 2028. Comments and related material must be received by the
Coast Guard on or before September 28, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0783 using the Federal Docket Management System at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
MDTA Maryland Transportation Authority
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
Maryland Transportation Authority has notified the Coast Guard that
it will be resuming demolition and construction of the Francis Scott
Key Bridge on the Patapsco River which was previously protected by a
safety zone in effect from July 7, 2025, through August 30, 2025. See
90 FR 29457 (July 3, 2025) for notice of that safety zone. Debris
removal and hydrographic surveying will be conducted on both the
Hawkins Point side of the remaining bridge segments and the Sollers
point side. Marine equipment, including barges, positioned in the
Patapsco River will be used to support bridge demolition, debris
removal operations, and bridge construction. This operation requires
the use of a temporary commercial mooring buoy in the Patapsco River in
the vicinity of the old bridge where the barges will be kept. This
operation will not impede vessels requiring the use of the federal
navigation channel.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within 1500 feet of the construction area. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish two safety zones from 12:01 a.m.
on October 15, 2025, until October 15, 2028. The safety zone will cover
the following areas:
All navigable waters of the Patapsco River, encompassed by a line
connecting the following four points of the first box 39[deg]13'01.2''
N, 076[deg]31' 50.9 W, 39[deg]12'51.5'' N 76[deg]31'40.7'' W,
39[deg]12'47.8'' N 76[deg]32'08.3'' W, 39[deg]12'38.8'' N
76[deg]31'57.3'' W. All navigable waters of the Patapsco River,
encompassed by a line connecting the following four points of the
second box 39[deg]13'27.7'' N 76[deg]31'16.5'' W, 39[deg]13'18.7'' N
76[deg]31'05.4'' W, 39[deg]13'09.0'' N 76[deg]31'40.8'' W,
39[deg]12'59.3'' N 76[deg]31'30.6'' W.
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. The main channel will remain
open to vessel traffic. 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 also includes a 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.
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 and 46 U.S.C. 70052. The
regulatory text appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analysis based on a number of these statutes and Executive orders.
A. 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
proposed rule would 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, this rule will not have a
significant economic impact on any vessel owner or operator, for the
following reasons.
The safety zones do not restrict the main channel. These safety
zones would impact the parts of the Patapsco River during the duration
of construction, but we anticipate 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
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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for
[[Page 42866]]
compliance, please call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves safety
zones lasting the duration of construction that would prohibit entry
within a portion of the Patapsco River when the presence of a public
safety vessel and a broadcast on VHF Ch 16 are present. 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 preliminary 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Docket Management System at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0783 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
INFORMATION CONTACT section, above.
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 SAFETY ZONE; PATAPSCO RIVER, FRANCIS SCOTT KEY BRIDGE
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. 01.4.
0
2. Add Sec. 165.T05-0783 to read as follows:
Sec. 165.T05-0783 Safety Zone; Patapsco River, Francis Scott Key
Bridge.
(a) Location. The following areas are safety zones. These
coordinates are based on datum NAD 83.
(1) The safety zone will cover the following area: All navigable
waters of the Patapsco River, encompassed by a line connecting the
following four points of the first box 39[deg]13'01.2'' N, 076[deg]31'
50.9 W, 39[deg]12'51.5'' N 76[deg]31'40.7'' W, 39[deg]12'47.8'' N
76[deg]32'08.3'' W, 39[deg]12'38.8'' N 76[deg]31'57.3'' W. All
navigable waters of the Patapsco River, encompassed by a line
connecting the following four points of the second box 39[deg]13'27.7''
N 76[deg]31'16.5'' W, 39[deg]13'18.7'' N 76[deg]31'05.4'' W,
39[deg]13'09.0'' N 76[deg]31'40.8'' W, 39[deg]12'59.3'' N
76[deg]31'30.6'' W.
(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
[[Page 42867]]
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 of 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.
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 Marine Band Radio VHF-FM channels 13 and 16. If
permission is granted, mariners must proceed at their own risk and
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 Coast Guard East
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 in effect from 12:01
a.m. on October 15, 2025 until 12:01 a.m. on October 15, 2028.
Dated: August 29, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2025-17094 Filed 9-4-25; 8:45 am]
BILLING CODE 9110-04-P