[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31167-31170]
[FR Doc No: 2021-12340]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0399]
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 June 14, 2021, through 9 p.m. on June 19, 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 June 14, 2021, through 9
p.m. on June 19, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0399 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<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
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 June 3, 2021, Skanska-Corman-McLean, Joint Venture, notified the
Coast Guard that from 7 a.m. on June 14, 2021, to 9 p.m. on June 19,
2021, it will be setting the tub sections 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 using two large crane barges and other
marine equipment positioned within the federal navigation channel. 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 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. It is impracticable and
contrary to the public interest to publish an NPRM because we must
establish this safety zone by June 14, 2021.
    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 June 7, 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 June 14, 2021,
through 9 p.m. on June 19, 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]21'50.5'' N, 076[deg]59'25.6''
W, thence south to 38[deg]21'42.6'' N, 076[deg]59'23.8'' W, thence west
to 38[deg]21'41.0'' N, 076[deg]59'34.9'' W, thence north to
38[deg]21'48.9'' N, 076[deg]59'36.8'' W, and east back to the beginning
point, located between Charles County, MD and King George County, VA.
The regulated area is approximately 300 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. 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 approximately 110 hours, 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.

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 only 110 total hours 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.T05-0399 to read as follows:

Sec.  165.T05-0399   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]21'50.5'' N, 076[deg]59'25.6'' W,
thence south to 38[deg]21'42.6'' N, 076[deg]59'23.8'' W, thence west to
38[deg]21'41.0'' N, 076[deg]59'34.9'' W, thence north to
38[deg]21'48.9'' N, 076[deg]59'36.8'' 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<PHONE_NUMBER> 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 on the 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 June 14, 2021, through 9 p.m. on June 19, 2021.

    Dated: June 8, 2021.
Mathew S. Fine,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector
Maryland-NCR.
[FR Doc. 2021-12340 Filed 6-10-21; 8:45 am]
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