Safety Zone; Potomac River, Between Charles County, MD and King George County, VA, 8413-8416 [2022-03339]
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
List of Subjects in 23 CFR Part 1
Grant programs—transportation,
Highways and roads.
Stephanie Pollack,
Deputy Administrator, Federal Highway
Administration.
PART 1— [REMOVED AND
RESERVED]
In consideration of the foregoing, and
under the authority of 23 U.S.C. 315, 23
CFR 1.28, FHWA removes and reserves
23 CFR part 1.
■
[FR Doc. 2022–03173 Filed 2–14–22; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0914]
Special Local Regulation; Marine
Events Within the Eleventh Coast
Guard District—Mark Hahn Memorial
300 Mile PWC Endurance Race
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Mark Hahn Memorial 300 Mile
Personal Watercraft (PWC) Endurance
Race special local regulation on the
waters of Lake Havasu, Arizona from
February 26 through February 27, 2022.
This special local regulation is
necessary to provide for the safety of the
participants, crew, sponsor vessels, and
general users of the waterway. During
the enforcement period, persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this regulated area unless
authorized by the Captain of the Port, or
his designated representative.
DATES: The regulations in 33 CFR
100.1102 will be enforced from 7 a.m.
until 6 p.m., each day from February 26,
2022 through February 27, 2022 for the
location described in Item No. 14 in
Table 1 to § 100.1102.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
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SUMMARY:
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notification of enforcement, call or
email Lieutenant Commander John
Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone 619–278–7656, email
MarineEventsSD@uscg.mil.
The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1102 for the
Mark Hahn Memorial 300 Mile PWC
Endurance Race on Lake Havasu, AZ for
the location described in Table 1 to
§ 100.1102, Item No. 14 of that section,
from 7 a.m. to 6 p.m. on February 26,
2022 through February 27, 2022. This
action is being taken to provide for the
safety of life on the navigable waterway
during the race. Our regulation for
recurring marine events on the Colorado
River, between Davis Dam (Bullhead
City, Arizona) and Headgate Dam
(Parker, Arizona), § 100.1102, Table 1 to
§ 100.1102, Item No. 14, specifies the
location of the regulated area for the
Mark Hahn Memorial 300 PWC
Endurance Race, which encompasses
portions of Lake Havasu. Under the
provisions of § 100.1102, persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this regulated area unless
authorized by the Captain of the Port, or
his designated representative. The Coast
Guard may be assisted by other Federal,
State, or local law enforcement agencies
in enforcing this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners
and local advertising by the event
sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a Broadcast Notice to Mariners or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
SUPPLEMENTARY INFORMATION:
Dated: February 9, 2022.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2022–03155 Filed 2–14–22; 8:45 am]
BILLING CODE 9110–04–P
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8413
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0112]
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 8 p.m. on
February 11, 2022, through 8 p.m. on
February 17, 2022. This rule will
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port, MarylandNational Capital Region or a designated
representative.
DATES: This rule is effective without
actual notice from February 15, 2022,
through 8 p.m. on February 17, 2022.
For the purposes of enforcement, actual
notice will be issued from 8 p.m. on
February 11, 2022, until February 15,
2022.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0112 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email LCDR Samuel Danus, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: Telephone
410–576–2519, email Samuel.M.Danus@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
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
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
II. Background Information and
Regulatory History
On February 10, 2022, SkanskaCorman-McLean, Joint Venture notified
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, which was
originally scheduled to occur in
November 2021, then rescheduled to
December 2021, then rescheduled to
January 3–15, 2022, and again
rescheduled to January 11–22, 2022,
then rescheduled from January 22, 2022
through February 4, 2022 and again
rescheduled to February 4–11, 2022.
The work was partially completed
during February 4–11, 2022, however
the contractor underestimated the time
needed to perform the work. The work
is now scheduled to continue beyond
February 11, 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
previously issued other temporary
safety zones at this location for
placement of fender ring elements in
association with construction of the new
bridge (Search dockets USCG–2021–
0127; USCG–2021–0650; USCG–2021–
0745; USCG–2021–0906; USCG–2022–
0021; USCG–2022–0031 and USCG–
2022–0072).
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
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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 February
11, 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 February 11, 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 8 p.m. on February 11,
2022 through 8 p.m. on February 17,
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
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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
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 6 days, but coincides with the
non-peak season for recreational
boating.
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
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.
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.
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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
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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 6 total
days that will prohibit entry within a
portion of the Potomac River. It is
categorically excluded from further
review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. 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
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8415
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:
■
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.T05–0112 to read as
follows:
■
§ 165.T05–0112 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, except for marine equipment,
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.
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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
(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 period. The section
will be enforced from 8 p.m. on
February 11, 2022, through 8 p.m. on
February 17, 2022.
Dated: February 11, 2022.
James R. Bendle,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2022–03339 Filed 2–14–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0647]
RIN 1625–AA00
Safety Zone; CBWTP Outfall Diffuser
Improvements, Columbia River,
Portland, OR
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule; extension
of effective period.
AGENCY:
The Coast Guard is amending
a temporary final rule currently
establishing a temporary safety zone for
certain waters of the Columbia River.
This temporary rule extends the
duration of the temporary safety zone an
additional 15 days. This action is
necessary to provide for the safety of life
on these navigable waters near Portland,
OR, at Columbia River Mile 105.6
during construction through the newly
anticipated end date of March 15, 2022.
This regulation prohibits persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Sector Columbia River or a
designated representative.
DATES: The effective period of 33 CFR
165.T13–0647, published at 86 FR
54622 (October 4, 2021), which was set
to expire at 11:59 p.m. on February 28,
2022, is now extended through 11:59
p.m. on March 15, 2022. The
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SUMMARY:
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amendment in this rule is effective
February 15, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0647 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Sean Morrison, Waterways
Management Division, Marine Safety
Unit Portland, U.S. Coast Guard;
telephone 503–240–9319, email D13SMB-MSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
As the final document in a noticeand-comment rulemaking, on October 4,
2021, the Coast Guard published a
temporary final rule (TFR) entitled
‘‘Safety Zone; BWTP Outfall Diffuser
Improvements, Columbia River,
Portland, OR’’ (86 FR 54622) that
established a temporary safety zone
regulation, 33 CFR 165.T13–0647, and
made it effective from from November 1,
2021, through 11:59 p.m. on February
28, 2022. This new TFR is extending the
effective period of that regulation to
11:59 p.m. on March 15, 2022.
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing a notice of proposed
rulemaking with respect to this rule
because it would be impracticable and
contrary to the public interest. The
Coast Guard was unable to publish an
NPRM and hold a reasonable comment
period for this rulemaking due to the
notification of unpredictable weather
related complications and the
construction extension request being
made on January 6, 2022. 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 the
CBWTP Outfall Diffuser Improvements
Project before the safety zone is lifted.
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
Captain of the Port Columbia River
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(COTP) has determined that potential
hazards associated with the
construction project will be a safety
concern for anyone within the
designated area of the CBWTP Outfall
Diffuser Improvements. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone during the scheduled construction
period.
IV. Discussion of Comments, Changes,
and the Rule
We received no comments on our
notice of proposed rulemaking
published August 22, 2021 (86 FR
47044), for the TFR currently in place.
The only change in the regulatory text
of this rule is extending the effective
period until March 15, 2022.
The currently established temporary
safety zone is effective from 12:01 a.m.
on November 1, 2021, through 11:59
p.m. on February 28, 2022. This rule
extends the duration of the temporary
safety zone through 11:59 p.m. on
March 15, 2022. The safety zone will
continue to cover all navigable waters of
the Columbia River, surface to bottom,
approximately 300 yards to the east and
west side of the Burlington Northern
Railroad Bridge on the Oregon side of
the Columbia River from the shoreline
to the outside of the main navigational
channel; specifically beginning at the
shoreline at 45°37′ 26.2′ N, 122°41′
46.91′ W, northeast to 45°37′ 33.206′ N,
122°41′ 37.699′ W, southeast to 45°37′
23.4′ N, 122°41′ 18.1′ W, thence
southwest to 45°37′ 16.27′ N, 122°41′
30.75′ W, and along the shoreline back
to the beginning point. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
while the construction project is
underway. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters during the
construction period. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
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
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8413-8416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03339]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0112]
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 8 p.m. on February 11, 2022,
through 8 p.m. on February 17, 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 February 15,
2022, through 8 p.m. on February 17, 2022. For the purposes of
enforcement, actual notice will be issued from 8 p.m. on February 11,
2022, until February 15, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0112 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Samuel Danus, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: Telephone 410-576-2519, 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
[[Page 8414]]
II. Background Information and Regulatory History
On February 10, 2022, Skanska-Corman-McLean, Joint Venture notified
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, which was originally scheduled to
occur in November 2021, then rescheduled to December 2021, then
rescheduled to January 3-15, 2022, and again rescheduled to January 11-
22, 2022, then rescheduled from January 22, 2022 through February 4,
2022 and again rescheduled to February 4-11, 2022. The work was
partially completed during February 4-11, 2022, however the contractor
underestimated the time needed to perform the work. The work is now
scheduled to continue beyond February 11, 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 previously issued other temporary
safety zones at this location for placement of fender ring elements in
association with construction of the new bridge (Search dockets USCG-
2021-0127; USCG-2021-0650; USCG-2021-0745; USCG-2021-0906; USCG-2022-
0021; USCG-2022-0031 and USCG-2022-0072).
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
February 11, 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 February
11, 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 8 p.m. on
February 11, 2022 through 8 p.m. on February 17, 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 6 days, but coincides
with the non-peak season for recreational boating.
[[Page 8415]]
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.
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 6 total days that will prohibit entry
within a portion of the Potomac River. It is categorically excluded
from further review under paragraph L60(c) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. 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.T05-0112 to read as follows:
Sec. 165.T05-0112 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, except for marine equipment, 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.
[[Page 8416]]
(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 period. The section will be enforced from 8 p.m. on
February 11, 2022, through 8 p.m. on February 17, 2022.
Dated: February 11, 2022.
James R. Bendle,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector
Maryland-National Capital Region.
[FR Doc. 2022-03339 Filed 2-14-22; 8:45 am]
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