Safety Zone; Potomac River, Between Charles County, MD and King George County, VA, 71570-71573 [2021-27349]
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Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Rules and Regulations
performance characteristics must be
tested:
(i) Dimensional verification testing
must be conducted.
(ii) Force verification testing must be
conducted. The force testing must
demonstrate the forces necessary to
insert and operate each component of
the device during use as intended.
(iii) Functional verification testing of
the device components must be
conducted.
(5) Simulated use testing in an
anatomically relevant animal model
must demonstrate the device’s ability to
penetrate soft tissue, be assembled in
situ, and to grasp, hold and manipulate
soft tissues in the intended treatment
area.
(6) The labeling must include the
following:
(i) Instructions for use, including
detailed instructions for instrument
assembly, disassembly, and removal;
and
(ii) A shelf life.
Dated: December 10, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021–27317 Filed 12–16–21; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Chapter VII
List of Subjects in 32 CFR Part 901
[Docket ID: USAF–2021–HQ–0001]
Military academies, Reporting and
recordkeeping requirements.
RIN 0701–AA81
Appointment to the Air Force Academy
Department of the Air Force,
Department of Defense.
ACTION: Final rule.
AGENCY:
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CHAPTER VII—DEPARTMENT OF THE AIR
FORCE
SUBCHAPTER K—[REMOVED AND
RESERVED]
This final rule removes the
regulation concerning how the
Department of the Air Force appoints
individuals to the United States Air
Force Academy. The part is outdated,
contains internal guidance, reiterates
statutory law, and is otherwise subject
to the military function exemption to
rulemaking. Applicants to the Air Force
Academy are individually provided
with any relevant entrance information
and the current policy is publicly
available on the United States Air Force
Academy’s website. Therefore, the part
is unnecessary and can be removed from
the Code of Federal Regulations (CFR).
DATES: This rule is effective on
December 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Laura Megan-Posch at 703–697–4370.
SUMMARY:
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This final
rule removes 32 CFR part 901,
‘‘Appointment to the United States Air
Force Academy,’’ which was originally
published on June 26, 1986 (51 FR
23221), and has not since been updated.
Part 901 is outdated, contains internal
guidance, reiterates statutory law, and is
otherwise subject to the military
function exemption to rulemaking.
Current policy is provided individually
to applicants and is contained in Air
Force Manual 36–2032, Military
Recruiting and Accessions, September
27, 2019 (available at https://static.epublishing.af.mil/production/1/af_a1/
publication/afman36-2032/afman362032.pdf). Accordingly, this part is
unnecessary and can be removed from
the CFR. It has been determined that
publication of this CFR part removal for
public comment is impracticable and
contrary to the public interest because it
is based on removing outdated and
unnecessary content. This rule is not
significant under Executive Order
12866, Sec 3, ‘‘Regulatory Planning and
Review.’’
The Under Secretary of the Air Force,
Ms. Gina Ortiz Jones, having reviewed
and approved this document, is
delegating the authority to electronically
sign this document to Mr. Tommy W.
Lee, who is the Air Force Federal
Register Liaison Officer, for purposes of
publication in the Federal Register.
SUPPLEMENTARY INFORMATION:
Accordingly, by the authority of 5
U.S.C. 301, subchapter K of chapter VII
of 32 CFR, consisting of part 901, is
removed and reserved.
■
Tommy W. Lee,
Air Force Federal Register Liaison Officer.
[FR Doc. 2021–27304 Filed 12–16–21; 8:45 am]
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0906]
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 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 7 a.m. on January
3, 2022, through 8 p.m. on January 15,
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 without
actual notice from December 17, 2021
through January 15, 2022. For the
purposes of enforcement, actual notice
will be issued from December 13, 2021
until December 17, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0906 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division,
U.S. Coast Guard: telephone 410–576–
2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
BILLING CODE 5001–10–P
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 9, 2021, SkanskaCorman-McLean, Joint Venture, notified
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Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Rules and Regulations
the Coast Guard that the company will
be setting structural steel sections across
the federal navigation channel at the
new Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge. The bridge contractor
stated the work required to set structural
steel across the channel, originally
scheduled to occur in November 2021,
and rescheduled to December 2021, is
now scheduled to occur from January 3,
2022, through January 15, 2022. The
work 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
steel to be hoisted and placed, which
will streamline the operation by
avoiding multiple reloads of steel and
reducing the time in the channel by
multiple days. This operation will
impede vessels requiring the use of the
channel. Note, the Coast Guard has
previously issued other temporary
safety zones at this location for
placement of fender ring elements in
association with construction of the new
bridge (USCG–2021–0127; USCG–2021–
0650; and USCG–2021–0745).
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 piles and
cement cast portions, dangerous
projectiles, and or other debris. We must
establish this safety zone by January 3,
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
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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 January 3, 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 January 3,
2022, until 8 p.m. on January 15, 2022.
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′41.00″ N,
076°59′34.90″ W, thence north to
38°21′48.90″ N, 076°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 structural steel is being set across
the federal navigation channel at the
new Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge.
Except for marine equipment and
vessels operated by Skanska-CormanMcLean, 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 Maryland-National Capital
Region 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).
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
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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. The temporary safety zone
is approximately 450 yards in width and
270 yards in length. 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 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. This safety zone will impact a
small designated area of the Potomac
River for 13 days, 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 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.
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Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Rules and Regulations
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).
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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
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responsibilities between the Federal
Government and Indian tribes.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
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:
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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.
2. Add § 165.T05–0906 to read as
follows:
■
§ 165.T05–0906 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′41.00″ N, 076°59′34.90″
W, thence north to 38°21′48.90″ N,
076°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
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.
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(e) Enforcement period. The section
will be enforced from 7 a.m. on January
3, 2022, through 8 p.m. on January 15,
2022.
Dated: December 13, 2021.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Maryland-National Capital
Region.
[FR Doc. 2021–27349 Filed 12–16–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0901]
Safety Zone; Military Ocean Terminal
Concord Safety Zone, Suisun Bay,
Military Ocean Terminal Concord, CA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone in the navigable waters
of Suisun Bay, off Concord, CA, in
support of explosive off and on-loading
to Military Ocean Terminal Concord
(MOTCO). This safety zone is necessary
to protect personnel, vessels, and the
marine environment from potential
explosion within the explosive arc. The
safety zone is open to all persons and
vessels for transitory use, but vessel
operators desiring to anchor or
otherwise loiter within the safety zone
must obtain the permission of the
Captain of the Port San Francisco or a
designated representative. All persons
and vessels operating within the safety
zone must comply with all directions
given to them by the Captain of the Port
San Francisco or a designated
representative.
DATES: The regulations in 33 CFR
165.1198 will be enforced from 12:01
a.m. on December 17, 2021, until 11:59
p.m. on December 21, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LT Anthony Solares, Sector San
Francisco Waterways Management, U.S.
Coast Guard; telephone 415–399–3585,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in 33
CFR 165.1198 for the Military Ocean
Terminal Concord regulated area from
December 17, 2021 from 12:01 a.m.,
until December 21, 2021, at 11:59 p.m.,
or as announced via marine local
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SUMMARY:
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broadcasts. This safety zone is necessary
to protect personnel, vessels, and the
marine environment from potential
explosion within the explosive arc. Our
regulation for this safety zone,
§ 165.1198, specifies the location of the
safety zone which encompasses the
navigable waters in the area between
500 yards of MOTCO Pier 2 in position
38°03′30″ N, 122°01′14″ W and 3,000
yards of the pier. During the
enforcement periods, as reflected in
§ 165.1198(d), if you are the operator of
a vessel in the regulated area you must
comply with the instructions of the
COTP or the designated on-scene patrol
personnel. Vessel operators desiring to
anchor or otherwise loiter within the
safety zone must contact Sector San
Francisco Vessel Traffic Service at 415–
556–2760 or VHF Channel 14 to obtain
permission.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners, and
marine information broadcasts.
Dated: December 13, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2021–27334 Filed 12–16–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0902]
Safety Zone; San Francisco New
Year’s Eve Fireworks Display; San
Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone in the navigable waters
of the San Francisco Bay near the Ferry
Plaza in San Francisco, CA for the San
Francisco New Year’s Eve Fireworks
Display in the Captain of the Port, San
Francisco area of responsibility during
the dates and times noted below. This
action is necessary to protect personnel,
vessels, and the marine environment
from the dangers associated with
pyrotechnics. During the enforcement
period, unauthorized persons or vessels
are prohibited from entering into,
transiting through, or remaining in the
safety zone, unless authorized by the
Patrol Commander (PATCOM) or other
SUMMARY:
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71573
federal, state, or local law enforcement
agencies on scene to assist the Coast
Guard in enforcing the regulated area.
DATES: The regulation in 33 CFR
165.1191, Table 1, Item number 24, will
be enforced from noon on December 31,
2021, through 12:45 a.m. on January 1,
2022, or as announced via Broadcast
Notice to Mariners.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Anthony Solares, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–3585 or email at
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
established in 33 CFR 165.1191, Table 1,
Item number 24, for the San Francisco
New Year’s Eve Firework Display from
noon on December 31, 2021 through
12:45 a.m. on January 1, 2022. The Coast
Guard will enforce a 100-foot safety
zone around the two fireworks barges
during the loading, standby, transit, and
arrival of the fireworks barges from the
loading location to the display location
and until the start of the fireworks
display. On December 31, 2021, the
fireworks barges will be loaded with
pyrotechnics at Pier 50 in San
Francisco, CA from appoximately noon
until approximately 6 p.m. The
fireworks barges will remain on standby
at the loading location until their transit
to the display location. From 10:45 p.m.
to 11:15 p.m. on December 31, 2021 the
loaded fireworks barges will transit from
Pier 50 to the launch site near the San
Francisco Ferry Plaza in approximate
position 37°47′45″ N, 122°23′15″ W
(NAD 83), where they will remain until
the conclusion of the fireworks display.
At approximately 11:59 p.m. on
December 31, 2021, 15-minutes prior to
the fireworks display, the safety zone
will expand to encompass all navigable
waters, from surface to bottom, within a
circle formed by connecting all points
1,000 feet out from the fireworks barges.
The firework barges will be near the San
Francisco Ferry Plaza in San Francisco,
CA in approximate position 37°47′45″
N, 122°23′15″ W (NAD 83) as set forth
in 33 CFR 165.1191, Table 1, Item
number 24. The safety zone will be
enforced until 12:45 a.m. on January 1,
2022, or as announced via Broadcast
Notice to Mariners.
In addition to this notification in the
Federal Register, the Coast Guard plans
to provide notification of the safety zone
and its enforcement period via the Local
Notice to Mariners.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
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]]>Agencies
[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Rules and Regulations]
[Pages 71570-71573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27349]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0906]
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 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 7 a.m. on January 3, 2022,
through 8 p.m. on January 15, 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 without actual notice from December 17,
2021 through January 15, 2022. For the purposes of enforcement, actual
notice will be issued from December 13, 2021 until December 17, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0906 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
[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
Sec. Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and Regulatory History
On December 9, 2021, Skanska-Corman-McLean, Joint Venture, notified
[[Page 71571]]
the Coast Guard that the company will be setting structural steel
sections across the federal navigation channel at the new Governor
Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301)
Bridge. The bridge contractor stated the work required to set
structural steel across the channel, originally scheduled to occur in
November 2021, and rescheduled to December 2021, is now scheduled to
occur from January 3, 2022, through January 15, 2022. The work
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 steel to be hoisted and
placed, which will streamline the operation by avoiding multiple
reloads of steel and reducing the time in the channel by multiple days.
This operation will impede vessels requiring the use of the channel.
Note, the Coast Guard has previously issued other temporary safety
zones at this location for placement of fender ring elements in
association with construction of the new bridge (USCG-2021-0127; USCG-
2021-0650; and USCG-2021-0745).
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 piles and cement cast portions, dangerous
projectiles, and or other debris. We must establish this safety zone by
January 3, 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 January
3, 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
January 3, 2022, until 8 p.m. on January 15, 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 structural steel is
being set across the federal navigation channel 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 Maryland-National Capital Region 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).
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. The temporary safety zone is approximately 450
yards in width and 270 yards in length. 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 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. This safety zone will impact a
small designated area of the Potomac River for 13 days, 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 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.
[[Page 71572]]
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.
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.T05-0906 to read as follows:
Sec. 165.T05-0906 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 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.
[[Page 71573]]
(e) Enforcement period. The section will be enforced from 7 a.m. on
January 3, 2022, through 8 p.m. on January 15, 2022.
Dated: December 13, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2021-27349 Filed 12-16-21; 8:45 am]
BILLING CODE 9110-04-P
