Rule2022-10093
Safety Zone; Potomac River, Between Charles County, MD, and King George County, VA
Primary source
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Published
May 11, 2022
Effective
May 16, 2022
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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 91 (Wednesday, May 11, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#15477a7b7479713b593b5d7a60767e55606676723b787c79"><span class="__cf_email__" data-cfemail="b1e3dedfd0ddd59ffd9ff9dec4d2daf1c4c2d2d69fdcd8dd">[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
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 11, 2022.
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.