Rule2021-17978
Safety Zone; Potomac River, Between Charles County, MD and King George County, VA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Effective
August 23, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 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 August 23, 2021, through 8 p.m. on September 11, 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.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 46970-46972]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17978]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0650]
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 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
August 23, 2021, through 8 p.m. on September 11, 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 August 23, 2021, through 8
p.m. on September 11, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0650 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
<a href="/cdn-cgi/l/email-protection#87d5e8e9e6ebe3a9cba9cfe8f2e4ecc7f2f4e4e0a9eaeeeb"><span class="__cf_email__" data-cfemail="06546968676a62284a284e6973656d4673756561286b6f6a">[email protected]</span></a>.
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 August 5, 2021, Skanska-Corman-McLean, Joint Venture, notified
the Coast Guard that from 7 a.m. on August 23, 2021, to 8 p.m. on
September 11, 2021, it will be setting 200-ton pre-cast fender ring
elements 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 the
daily movement in, anchoring, and movement out of a large crane, as
well as nighttime diver work. 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
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. We must establish this
safety zone by August 23, 2021, 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
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 August 23, 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 August 23, 2021,
through 8 p.m. on September 11, 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]21'50.96'' 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
[[Page 46971]]
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 regulated area is approximately 450 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. 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. 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. Excusion 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
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 18 total enforcement days 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.
[[Page 46972]]
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 18 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. 0170.1.
0
2. Add Sec. 165.T05-0650 to read as follows:
Sec. 165.T05-0650 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 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 onthe 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 August 23, 2021, through 8 p.m. on September 11, 2021.
Dated: August 17, 2021.
David E. O'Connell,
Commander, U.S. Coast Guard, Captain of the Port Sector Maryland-
National Capital Region.
[FR Doc. 2021-17978 Filed 8-20-21; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.