Rule2021-20587
Safety Zone; Potomac River, Between Charles County, MD and King George County, VA
Primary source
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Published
September 23, 2021
Effective
September 23, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 7 a.m. on September 20, 2021, through 8 p.m. on December 31, 2021. This rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port, Sector Maryland-National Capital Region or a designated representative. Due to the lengthy duration of the safety zone, the Coast Guard is accepting and reviewing public comments until October 15, 2021. While the rule is being enforced, beginning September 20, 2021, the Coast Guard reserves the right to modify the safety zone if an issue is raised by the public comments that requires a modification.
Full Text
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<title>Federal Register, Volume 86 Issue 182 (Thursday, September 23, 2021)</title>
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[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Rules and Regulations]
[Pages 52826-52829]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20587]
[[Page 52826]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0745]
RIN 1625-AA00
Safety Zone; Potomac River, Between Charles County, MD and King
George County, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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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 7 a.m. on September 20, 2021,
through 8 p.m. on December 31, 2021. This rule will prohibit persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port, Sector Maryland-National Capital Region or a
designated representative. Due to the lengthy duration of the safety
zone, the Coast Guard is accepting and reviewing public comments until
October 15, 2021. While the rule is being enforced, beginning September
20, 2021, the Coast Guard reserves the right to modify the safety zone
if an issue is raised by the public comments that requires a
modification.
DATES: This rule is effective without actual notice from September 23,
2021 through December 31, 2021. For the purposes of enforcement, actual
notice will be issued from September 20, 2021, until September 23,
2021. Comments and related materials will be accepted and reviewed by
the Coast Guard until October 25, 2021.
ADDRESSES: Submit comments and material online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (see Section II of SUPPLEMENTARY INFORMATION for
additional details). 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-2021-0745 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 LCDR Samuel Danus, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: Telephone 410-576-2519, email
<a href="/cdn-cgi/l/email-protection#b2e1d3dfc7d7de9cff9cf6d3dcc7c1f2c7c1d1d59cdfdbde"><span class="__cf_email__" data-cfemail="451624283020296b086b01242b303605303626226b282c29">[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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by typing the docet number in the
``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on
the line associated with this rulemaking.
2. Viewing Comments and Documents
To view comments, as well as 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 the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking.
III. Background Information and Regulatory History
On August 23, 2021, the Coast Guard established a temporary safety
zone for certain waters of the Potomac River in association with the
construction operations at the new Governor Harry W. Nice/Senator
Thomas ``Mac'' Middleton Memorial (US-301) Bridge (86 FR 46970; Docket
No. USCG-2021-0650). That rule had an effective date of 7 a.m. on
August 23, 2021, through 8 p.m. on September 11, 2021.
On September 10, 2021, Skanska-Corman-McLean, Joint Venture,
notified the Coast Guard that the company will continue to set 200-ton
pre-cast fender ring elements at the new Governor Harry W. Nice/Senator
Thomas ``Mac'' Middleton Memorial (US-301) Bridge at Piers 43 and 44,
which are adjacent on either side of the federal navigation channel
from September 13, 2021, through December 31, 2021. 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 U.S. Coast Guard
established a temporary safety zone for certain waters of the Potomac
River in association with the construction operations at the new
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge (Docket No. USCG-2021-0127) from 7 a.m. on September 13,
2021, to 8 p.m. on September 18, 2021. The U.S. Coast Guard issued a
temporary rule (Docket No. USCG-2021-0127) for only a six calendar day
period due to the timing when the notification was received by the
company. Additional rulemaking is needed to cover the entire period of
work provided by the company.
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.
Construction operations involving 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 September 20, 2021, to guard against these hazards
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing the rule.
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
[[Page 52827]]
this rule would be 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.
IV. 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
September 20, 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.
V. Discussion of the Rule
This rule establishes a temporary safety zone September 20, 2021,
until December 31, 2021. The zone will be enforced as follows:
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Date(s) Hours
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September 20, 2021 through September 7 a.m. September 20, 2021
24, 2021. through 8 p.m. September 24,
2021.
September 25, 2021 through October 16, Monday through Saturday, 7 a.m.
2021. to 8 p.m.
October 18, 2021 through October 22, 7 a.m. October 18, 2021 through
2021. 8 p.m. October 22, 2021.
October 23, 2021 through December 31, Monday through Saturday, 7 a.m.
2021, except November 25, 2021 and to 8 p.m.
December 25, 2021.
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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 temporary safety zone 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 Marine equipment means any vessel, barge or other equipment
operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors.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, 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 Piers 43 and 44, which are
adjacent on either side 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.
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. 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.
The U.S. Coast Guard may be assisted in the patrol and enforcement
of the safety zone by Federal, State, and local agencies.
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).
VI. 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. The temporary safety zone is approximately 450
yards in width and 270 yards in length. 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 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 87 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
[[Page 52828]]
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
temporary safety zone may be small entities, for the reasons stated in
section VI.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 6 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.T05-0745 to read as follows:
Sec. 165.T05-0745 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
[[Page 52829]]
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) Effective period. This section is effective from 7 a.m. to 8
p.m. on Monday through Saturday from September 20, 2021, through
December 31, 2021.
(g) Enforcement period. (1) The section will be enforced during the
following periods: from 7 a.m. September 20, 2021, through 8 p.m.
September 24, 2021; from 7 a.m. October 18, 2021 through 8 p.m. October
22, 2021; from 7 a.m. to 8 p.m. on September 25, 2021, September 27,
2021, September 28, 2021, September 29, 2021, September, 30, 2021,
October 1, 2021, October 2, 2021, October 4, 2021, October 5, 2021,
October 6, 2021, October 7, 2021, October 8, 2021, October 9, 2021,
October 11, 2021, October 12, 2021, October 13, 2021, October 14, 2021,
October 15, 2021, October 16, 2021, October 23, 2021, October 25, 2021,
October 26, 2021, October 27, 2021, October 28, 2021, October 29, 2021,
October 30, 2021, November 1, 2021, November 2, 2021, November 3, 2021,
November 4, 2021 November 5, 2021, November 6, 2021, November 8, 2021,
November 9, 2021, November 10, 2021, November 11, 2021, November 12,
2021, November 13, 2021, November 15, 2021, November 16, 2021, November
17, 2021, November 18, 2021, November 19, 2021, November 20, 2021,
November 22, 2021, November 23, 2021, November 24, 2021, November 26,
2021, November 27, 2021, November 29, 2021, November 30, 2021, December
1, 2021, December 2, 2021, December 3, 2021, December 4, 2021 December
6, 2021, December, 7, 2021, December 8, 2021, December 9, 2021,
December 10, 2021, December 11, 2021, December 13, 2021, December 14,
2021, December 15, 2021, December 16, 2021, December 17, 2021, December
18, 2021, December 20, 2021, December 21, 2021, December 22, 2021,
December 23, 2021, December 24, 2021, December 27, 2021, December 28,
2021 December 29, 2021, December 30, 2021 and December 31, 2021.
Dated: September 17, 2021.
David E. O'Connell,
Commander, U.S. Coast Guard, Captain of the Port Sector Maryland-
National Capital Region.
[FR Doc. 2021-20587 Filed 9-22-21; 8:45 am]
BILLING CODE 9110-04-P
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