Safety Zone; Potomac River, Between Charles County, MD and King George County, VA, 71570-71573 [2021-27349]

Download as PDF 71570 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: jspears on DSK121TN23PROD with RULES1 17:36 Dec 16, 2021 Jkt 256001 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 The part is outdated, contains internal guidance, reiterates statutory law, and is otherwise subject to the military function exemption to rulemaking.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: VerDate Sep<11>2014 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 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\17DER1.SGM 17DER1 jspears on DSK121TN23PROD with RULES1 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 VerDate Sep<11>2014 17:36 Dec 16, 2021 Jkt 256001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 71571 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. E:\FR\FM\17DER1.SGM 17DER1 71572 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). jspears on DSK121TN23PROD with RULES1 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 VerDate Sep<11>2014 17:36 Dec 16, 2021 Jkt 256001 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: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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. E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Rules and Regulations (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 jspears on DSK121TN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 17:36 Dec 16, 2021 Jkt 256001 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: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\17DER1.SGM 17DER1

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.

-----------------------------------------------------------------------

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