Rule2025-12459
Safety Zone; Francis Scott Key Bridge, Patapsco River, Baltimore, MD
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
July 3, 2025
Effective
July 7, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a safety zone for certain waters of the Patapsco River, in Baltimore, MD. 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 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 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Rules and Regulations]
[Pages 29457-29459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12459]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0577]
RIN 1625-AA00
Safety Zone; Francis Scott Key Bridge, Patapsco River, Baltimore,
MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for certain
waters of the Patapsco River, in Baltimore, MD. 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 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: This rule is effective from July 7, 2025 through August 30,
2025.
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-
2025-0577 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 LCDR Kate M. Newkirk, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone 410-576-2674, email
<a href="/cdn-cgi/l/email-protection#0a4e3a3f274e4d27596f697e6578474e27444958275a786f7c6f647e636564275d5d474a7f79696d24676366"><span class="__cf_email__" data-cfemail="fcb8ccc9d1b8bbd1af999f88938eb1b8d1b2bfaed1ac8e998a999288959392d1ababb1bc898f9f9bd2919590">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
MDTA Maryland Transportation Authority
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Maryland Transportation Authority (MDTA) has notified the Coast
Guard that it will be conducting demolition and construction activities
on the Patapsco River at the site of the Francis Scott Key Bridge,
which was hit by a container ship on March 26, 2024, see 89 FR 24385
(April 8, 2024). Debris removal and hydrographic surveying will be
conducted on the Hawkins Point side of the remaining bridge segments.
Marine equipment, including barges, positioned in the Patapsco River
will be used to support bridge demolition and debris removal
operations. This operation requires the use of a temporary commercial
mooring buoy in the Patapsco River, in the vicinity of the old bridge.
This operation will not prevent vessels from using the federal
navigation 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 it is impracticable to publish an
NPRM without delaying promulgation of the final rule establishing this
safety zone past July 7, 2025, when demolition operations will begin.
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 because the rule must be in effect by
July 7, 2025 to respond to the potential safety hazards associated with
demolition operations at the old Francis Scott Key (US-695) Bridge.
[[Page 29458]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with bridge
demolition, which are scheduled to start July 7, 2025, will be a safety
concern for anyone near the old Francis Scott Key Bridge (US-695)
demolition 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 demolished.
IV. Discussion of the Rule
The COTP is establishing a safety zone from 12:01 a.m. on July 7,
2025, to 11:59 p.m. on August 30, 2025. The safety zone will cover the
following area: all navigable waters of the Patapsco River, encompassed
by a line connecting the following points beginning at 39[deg]12.81 N,
076[deg]32.08' W, thence northeast to 39[deg]12.99' N, 076[deg]31.90'
W, thence southeast to 39[deg]12.90' N, 076[deg]31.77' W, thence
southwest to 39[deg]12.72' N, 076[deg]31.95''' W, and thence northwest
along the shoreline back to the beginning point, located in the
vicinity of Hawkins Point.
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. 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.
In accordance with 33 CFR 165.7(a), the COTP will notify the public
by all appropriate means that the safety zone will be enforced. 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.
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 the size, location
and time of year of the safety zone. The temporary safety zone is
approximately 1000 feet in width and 1500 feet yards in length. This
safety zone would impact a small, designated area of the Patapsco River
for a total of 62 days, but we do not anticipate there will be any
vessels that will be unable to conduct business as a result of the
safety zone. 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 the
waters in this area are too shallow to accommodate them. 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.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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 29459]]
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 proposed rule
involves a safety zone lasting 32 total days that would prohibit entry
within a portion of the Potomac River. 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
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.
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--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, 70124; 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.T05-0577 to read as follows:
Sec. 165.T05-0577 Safety Zone; Patapsco River, Francis Scott Key
Bridge
(a) Location. The following area is a safety zone: All navigable
waters of the Patapsco River, encompassed by a line connecting the
following points beginning at 39[deg]12.81 N, 076[deg]32.08' W, thence
northeast to 39[deg]12.99' N, 076[deg]31.90' W, thence southeast to
39[deg]12.90' N, 076[deg]31.77' W, thence southwest to 39[deg]12.72' N,
076[deg]31.95''' W, and thence northwest along the shoreline back to
the beginning point, located in the vicinity of Hawkins Point. 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. The term also includes an employee of the Maryland
Transportation Authority (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, via Marine Band Radio VHF-FM channels 16. If
permission is granted, mariners proceed at their own risk and must
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 Fifth Coast Guard
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 enforced from 12:01
a.m. on July 7, 2025, to 11:59 p.m. on August 30, 2025.
Dated: June 27, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2025-12459 Filed 7-2-25; 8:45 am]
BILLING CODE 9110-04-P
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