Rule2022-12319
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
June 8, 2022
Effective
May 11, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is is extending the duration of a temporary safety zone on 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, through July 1, 2022. This rule 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.
Full Text
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<title>Federal Register, Volume 87 Issue 110 (Wednesday, June 8, 2022)</title>
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[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34781-34784]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12319]
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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, DHS.
ACTION: Temporary final rule; effective date extension and request for
comment.
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SUMMARY: The Coast Guard is is extending the duration of a temporary
safety zone on 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, through July 1,
2022. This rule 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: The effective period of 33 CFR 165.T05-0330, published at 87 FR
28776 on May 11, 2022, which was set to expire at 8 p.m. on June 18,
2022, is extended through 8 p.m. on July 1, 2022.
[[Page 34782]]
Comments and related material must be received on or before June
21, 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#a6f4c9c8c7cac288ea88eec9d3c5cde6d3d5c5c188cbcfca"><span class="__cf_email__" data-cfemail="70221f1e111c145e3c5e381f05131b30050313175e1d191c">[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 May 11, 2022, the Coast Guard issued a final rule establishing a
temporary safety zone on certain navigable waters of the Potomac River
to protect persons and vessels during critical operations requiring a
large crane within the federal navigation channel to lift and set 250-
ton pier protection fender ring precast segments adjacent to the
federal navigation channel at the new Governor Harry W. Nice/Senator
Thomas ``Mac'' Middleton Memorial (US-301) Bridge (87 FR 28776). The
original rule runs through 8 p.m. on June 18, 2022. However, additional
time is needed to conduct the critical heavy lift operations, and, as a
result, the Coast Guard needs to extend the safety zone through 8 p.m.
on July 1, 2022. 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. The Coast
Guard was unable to publish an NPRM and hold a reasonable comment
period for this rulemaking due to the emergent nature of the continuing
critical bridge construction operations and required publication of
this extension. Immediate action is needed to continue to protect
persons and vessels from the hazards associated with carrying out large
crane heavy lifts at the new Governor Harry W. Nice/Senator Thomas
``Mac'' Middleton Memorial (US-301) Bridge that must occur within the
federal navigation channel. It is impracticable and contrary to the
public interest to publish an NPRM, because the extension needs to be
in place by June 18, 2022. However, the Coast Guard is providing an
opportunity to comment while the rule is in effect and may amend the
rule after it becomes effective, if necessary.
We are issuing this rule under 5 U.S.C. 553(d)(3), and in
accordance with 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 continue 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 there are
potential hazards associated with critical bridge construction
operations. The work is 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 extends the effective dates of an established safety
zone, originally effective May 16, 2022 through 8 p.m. on June 18,
2022, through 8 p.m. on July 1, 2022. This extension makes no other
changes to the original rule other than the end effective date. The
safety zone includes 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 zone is approximately 450 yards in width and 270 yards
in length. The extended 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 lifted and 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 13 days, but we anticipate that there
will be no vessels that are unable to conduct business. Excursion
vessels and commercial fishing vessels are not
[[Page 34783]]
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 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 13 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.
VI. 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 Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, 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, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
We review all comments received, but
[[Page 34784]]
we will only post comments that address the topic of the rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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. In Sec. 165.T05-0330, revise paragraph (e) to read as follows:
Sec. 165.T05-0330 Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.
* * * * *
(e) Enforcement period. The section will be enforced from 7 a.m. on
May 16, 2022, through 8 p.m. on July 1, 2022.
Dated: June 3, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2022-12319 Filed 6-7-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 8, 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.