Safety Zone; Potomac River, Between Charles County, MD and King George County, VA, 15094-15096 [2021-05964]
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
with this AD; any procedures or tests that are
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RC require approval of an AMOC.
(l) Related Information
For more information about this AD,
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Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3229; email
vladimir.ulyanov@faa.gov.
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Issued on February 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–05550 Filed 3–19–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0156]
RIN 1625–AA00
Safety Zone; Potomac River, Between
Charles County, MD and King George
County, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 March 22, 2021, through 9
p.m. on March 26, 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 March 22, 2021, through 9 p.m. on
March 26, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0156 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
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
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On March 16, 2021, Skanska-CormanMcLean, Joint Venture, notified the
Coast Guard that from 7 a.m. on March
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22, 2021, to 9 p.m. on March 26, 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 44, which is
adjacent and to the east 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. It is impracticable
and contrary to the public interest to
publish an NPRM because we must
establish this safety zone by March 22,
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 March 22, 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
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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 March 22, 2021, through
9 p.m. on March 26, 2021. The safety
zone will cover all navigable waters of
the Potomac River, encompassed by a
line connecting the following points
beginning at 38°21′50.96″ N,
076°59′22.04″ W, thence south to
38°21′43.08″ N, 076°59′20.55″ W, thence
west to 38°21′41.80″ N, 076°59′29.90″
W, thence north to 38°21′49.70″ N,
076°59′31.40″ 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 44,
which is adjacent and to the east 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
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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, duration, and the timeof-year of the safety zone. The bridge
construction operations within the
federal navigation channel are being
conducted during the winter/non-peak
season, when vessel transits in this area
of the channel are infrequent. 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 west of the
federal navigation channel, as similar
vertical clearance and water depth
exists under the next bridge span to the
west. 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.
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15095
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
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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
1. The authority citation for part 165
continues to read as follows:
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■
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.
2. Add § 165.T05–0156 to read as
follows:
■
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§ 165.T05–0156 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°21′50.96″ N,
076°59′22.04″ W, thence south to
38°21′43.08″ N, 076°59′20.55″ W, thence
west to 38°21′41.80″ N, 076°59′29.90″
W, thence north to 38°21′49.70″ N,
076°59′31.40″ W, and east back to the
beginning point, located between
Charles County, MD and King George
County, VA. These coordinates are
based on datum WGS 84.
(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
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 March
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22, 2021, through 9 p.m. on March 26,
2021.
Dated: March 17, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Sector Maryland—NCR.
[FR Doc. 2021–05964 Filed 3–19–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2020–0138; FRL–10016–
51]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (20–4.B)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is issuing significant new
use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
chemical substances which were the
subject of premanufacture notices
(PMNs). This action requires persons to
notify EPA least 90 days before
commencing manufacture (defined by
statute to include import) or processing
of any of these chemical substances for
an activity that is designated as a
significant new use by this rule. This
action further requires that persons not
commence manufacture or processing
for the significant new use until they
have submitted a Significant New Use
Notice (SNUN), and EPA has conducted
a review of the notice, made an
appropriate determination on the notice,
and has taken any risk management
actions as are required as a result of that
determination.
DATES: This rule is effective on May 21,
2021. For purposes of judicial review,
this rule shall be promulgated at 1 p.m.
(e.s.t.) on April 5, 2021.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: William
Wysong, New Chemicals Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–4163; email address:
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For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave. Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Rules and Regulations]
[Pages 15094-15096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05964]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0156]
RIN 1625-AA00
Safety Zone; Potomac River, Between Charles County, MD and King
George County, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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
March 22, 2021, through 9 p.m. on March 26, 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 March 22, 2021, through 9
p.m. on March 26, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0156 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
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
[email protected].
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 March 16, 2021, Skanska-Corman-McLean, Joint Venture, notified
the Coast Guard that from 7 a.m. on March 22, 2021, to 9 p.m. on March
26, 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 44, which is adjacent and to the east 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. It is impracticable and contrary to the public interest
to publish an NPRM because we must establish this safety zone by March
22, 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 March 22, 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
[[Page 15095]]
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 March 22, 2021,
through 9 p.m. on March 26, 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]21'50.96'' 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]21'41.80'' N,
076[deg]59'29.90'' W, thence north to 38[deg]21'49.70'' N,
076[deg]59'31.40'' 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 44, which is
adjacent and to the east 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, duration,
and the time-of-year of the safety zone. The bridge construction
operations within the federal navigation channel are being conducted
during the winter/non-peak season, when vessel transits in this area of
the channel are infrequent. 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 west of the federal
navigation channel, as similar vertical clearance and water depth
exists under the next bridge span to the west. 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
[[Page 15096]]
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.T05-0156 to read as follows:
Sec. 165.T05-0156 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]21'41.80'' N, 076[deg]59'29.90'' W, thence north to
38[deg]21'49.70'' N, 076[deg]59'31.40'' W, and east back to the
beginning point, located between Charles County, MD and King George
County, VA. These coordinates are based on datum WGS 84.
(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 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 March 22, 2021, through 9 p.m. on March 26, 2021.
Dated: March 17, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland--NCR.
[FR Doc. 2021-05964 Filed 3-19-21; 8:45 am]
BILLING CODE 9110-04-P
