Safety Zone; Potomac River, Between Charles County, MD, and King George County, VA, 19223-19225 [2023-06659]
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Federal Register / Vol. 88, No. 62 / Friday, March 31, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
Table 165.939 under (b) July Safety
Zones and are:
(3) High Speed Boat Races (Eastlake
Willoughby Offshore Grand Prix)—from
11:45 p.m. through 5:15 p.m. on July 8
and 9, 2023;
(4) Downtown Cleveland Alliance
July 4th Fireworks (Cleveland July 4th
Fireworks)—from 9:45 p.m. through
10:45 p.m. on July 4, 2023;
(5) Mentor Harbor Yacht Club
Fireworks (Mentor Harbor Yacht
Club)—from 9:15 p.m. through 10:45
p.m. on July 3, 2023;
(7) Lorain Independence Day
Celebration (Lorain Independence Day
Fireworks Display)—from 9:45 p.m.
through 10:15 p.m. on July 4, 2023;
(8) Conneaut Festival (Conneaut Port
Authority 4th of July Fireworks
Display)—from 9:45 p.m. through 10:45
p.m. on July 3, 2023;
(9) Fairport Harbor Mardi Gras—from
9:45 p.m. through 10:45 p.m. on July 2,
2023;
(10) Sheffield Lake Community Days
(City of Sheffield Lake Fireworks)—from
8:45 p.m. through 10:45 p.m. on July 21,
2023;
(11) Bay Village Independence Day
Celebration—from 9:45 p.m. through
10:45 p.m. on July 4, 2023;
(12) Lake Erie Open Water Swim
(2023 Brogan Open Water Classic)—
from 6:45 a.m. through 11:15 a.m. on
July 22, 2023; and
(30) Wine and Walleye Festival
Fireworks (Wine and Walleye
Fireworks)—from 8:15 p.m. through 11
p.m., on July 22, 2023.
This notice of enforcement is issued
under authority of 33 CFR 165.939 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Buffalo determines that the
safety zone need not be enforced for the
full duration stated in this notice, he
may use a Broadcast Notice to Mariners
to grant general permission to enter the
respective safety zone.
Dated: March 27, 2023.
J.B. Bybee,
Commander, U.S. Coast Guard, Captain of
the Port Buffalo.
[FR Doc. 2023–06636 Filed 3–30–23; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0145]
RIN 1625–AA00
Safety Zone; Potomac River, Between
Charles County, MD, and King George
County, VA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
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 life on these navigable
waters at the old Governor Harry W.
Nice/Senator Thomas ‘‘Mac’’ Middleton
Memorial (US–301) Bridge during
demolition operations from March 30,
2023, through April 30, 2023. This
rulemaking would 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 March 31, 2023,
through April 30, 2023. For the
purposes of enforcement, actual notice
will be used from March 30, 2023, until
March 31, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0145 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 LCDR Samuel Danus, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone
410–576–2519, email
MDNCRWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
On March 10, 2023, Skanska-CormanMcLean, Joint Venture, notified the
Coast Guard that the company will be
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19223
conducting bridge demolition
operations at the old Governor Harry W.
Nice/Senator Thomas ‘‘Mac’’ Middleton
Memorial (US–301) Bridge. The work
described by the contractor requires the
use of explosives, and debris removal
and hydrographic surveying equipment.
During explosive detonation periods,
there can be no marine traffic transiting
near or around the bridge for safety
reasons.
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 it is
impracticable and contrary to the public
interest. Demolition operations
involving explosives will occur at the
old Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge across the Potomac
River and immediate action is needed to
respond to the potential safety hazards
associated with bridge demolition.
Hazards from the demolition 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 March 30, 2023, 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 demolition operations at
the old Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port (COTP) has
determined that potential hazards
associated with bridge demolition
starting March 30, 2023, will be a safety
concern for anyone near the old
Governor Harry W. Nice/Senator
Thomas ‘‘Mac’’ Middleton Memorial
(US–301) Bridge demolition site. This
rule is needed to protect personnel,
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vessels, and the marine environment in
the navigable waters within the safety
zone while the bridge is being
demolished.
ddrumheller on DSK120RN23PROD with RULES1
IV. Discussion of the Rule
The COTP is establishing a safety
zone from 12:01 a.m. on March 30,
2023, to 11:59 p.m. on April 30, 2023.
The safety zone will cover the following
areas:
Area 1. All navigable waters of the
Potomac River, encompassed by a line
connecting the following points
beginning at 38°21′38.74″ N,
077°00′52.99″ W, thence east to
38°21′52.67″ N, 076°59′2.51″ W, thence
south along the shoreline to
38°21′43.45″ N, 076°58′56.22″ W, thence
west to 38°21′28.91″ N, 077°00′52.81″
W, and thence north along the shoreline
back to the beginning point, located in
King George County, VA. Area 2. All
navigable waters of the Potomac River,
within 1,500 feet of the explosives barge
located in approximate position
38°21′21.47″ N, 076°59′45.40″ W.
The duration of the zone is intended
to ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled demolition and
debris removal. Except for marine
equipment and vessels operated by
Skanska-Corman-McLean, Joint Venture,
or its subcontractors, no vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. The term
designated representative also includes
an employee or contractor of SkanskaCorman-McLean, Joint Venture for the
sole purposes of designating and
establishing safe transit corridors, to
permit passage into or through the
safety zone, or to notify vessels and
individuals that they have entered the
safety zone and are required to leave.
The COTP will notify the public that
the safety zone will be enforced by all
appropriate means to the affected
segments of the public, as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification will also include,
but are not limited to, Broadcast Notice
to Mariners. Vessels or persons violating
this rule are subject to the penalties set
forth in 46 U.S.C. 70036 and 46 U.S.C.
70052. The regulatory text appears at
the end of this document.
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.
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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 the size, location and time
of year of the safety zone. The
temporary safety zone is approximately
3000 yards in width and 350 yards in
length. This safety zone would impact a
small designated area of the Potomac
River for 32 total days, but we anticipate
that there would 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. During explosive detonations,
the Coast Guard will have law
enforcement assets on-scene to enforce
the safety zone immediately before,
during and after explosive detonations.
This safety zone would be established
outside the normal recreational boating
season for this area, which occurs
during the summer season. Moreover,
the Coast Guard would issue Local
Notices to Mariners and a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
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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
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Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 32 total days that would
prohibit entry within a portion of the
Potomac River. Normally such actions
are 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.
ddrumheller on DSK120RN23PROD with RULES1
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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
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2. Add § 165.T05–0145 to read as
follows:
■
§ 165.T05–0145 Safety Zone; Potomac
River, Between Charles County, MD and
King George County, VA.
(a) Location. The following areas are
a safety zone. These coordinates are
based on North American Datum of
1983 (NAD 83).
(1) Area 1. All navigable waters of the
Potomac River, encompassed by a line
connecting the following points
beginning at 38°21′38.74″ N,
077°00′52.99″ W, thence east to
38°21′52.67″ N, 076°59′2.51″ W, thence
south along the shoreline to
38°21′43.45″ N, 076°58′56.22″ W, thence
west to 38°21′28.91″ N, 077°00′52.81″
W, and thence north along the shoreline
back to the beginning point, located in
King George County, VA.
(2) Area 2. All navigable waters of the
Potomac River within 1,500 feet of the
explosives barge located in approximate
position 38°21′21.47″ N, 076°59′45.40″
W.
(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 COTP in
the enforcement of the safety zone. The
term also includes an employee or
contractor of Skanska-Corman-McLean,
Joint Venture for the sole purposes of
designating and establishing safe transit
corridors, to permit passage into or
through the safety zone, or to notify
vessels and individuals that they have
entered the safety zone and are required
to leave.
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,
Skanska-Corman-McLean, Joint Venture,
or the COTP’s designated representative.
If a vessel or person is notified by the
COTP, Skanska-Corman-McLean, Joint
Venture, or the COTP’s designated
representative that they have entered
the safety zone without permission, they
are required to immediately leave in a
safe manner following the directions
given.
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19225
(2) Mariners requesting to transit any
of the safety zone areas in paragraph (a)
of this section must first contact the
Skanska-Corman-McLean, Joint Venture
designated representative, the on-site
project manager, by telephone number
785–953–1465 or on Marine Band Radio
VHF–FM channels 13 and 16 from the
pusher tug Miss Stacy. If permission is
granted, mariners must proceed at their
own risk and strictly observe any and all
instructions provided by the COTP,
Skanska-Corman-McLean, Joint Venture,
or designated representative to the
mariner regarding the conditions of
entry to and exit from any area of the
safety zone. The COTP or the COTP’s
representative can be contacted by
telephone number 410–576–2693 or on
Marine Band Radio VHF–FM channel
16 (156.8 MHz).
(3) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue
marine information broadcasts on VHF–
FM marine band radio announcing
specific enforcement dates and times.
(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. This section
will be enforced from 12:01 a.m. on
March 30, 2023, to 11:59 p.m. on April
30, 2023.
Dated: March 27, 2023.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Maryland-National Capital
Region.
[FR Doc. 2023–06659 Filed 3–30–23; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0910; FRL–10564–
02–R9]
Determination To Defer Sanctions;
California; El Dorado County Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Interim final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is making an interim final
determination that the State of
California has submitted a rule that
satisfies the requirements of title I, part
D of the Clean Air Act (CAA or ‘‘Act’’)
permitting program for areas under the
jurisdiction of the El Dorado County Air
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Rules and Regulations]
[Pages 19223-19225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06659]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0145]
RIN 1625-AA00
Safety Zone; Potomac River, Between Charles County, MD, and King
George County, VA
AGENCY: Coast Guard, Department of Homeland Security (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 life on these navigable waters at the old
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge during demolition operations from March 30, 2023, through
April 30, 2023. This rulemaking would 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 March 31,
2023, through April 30, 2023. For the purposes of enforcement, actual
notice will be used from March 30, 2023, until March 31, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0145 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 10, 2023, Skanska-Corman-McLean, Joint Venture, notified
the Coast Guard that the company will be conducting bridge demolition
operations at the old Governor Harry W. Nice/Senator Thomas ``Mac''
Middleton Memorial (US-301) Bridge. The work described by the
contractor requires the use of explosives, and debris removal and
hydrographic surveying equipment. During explosive detonation periods,
there can be no marine traffic transiting near or around the bridge for
safety reasons.
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 it is impracticable and contrary to
the public interest. Demolition operations involving explosives will
occur at the old Governor Harry W. Nice/Senator Thomas ``Mac''
Middleton Memorial (US-301) Bridge across the Potomac River and
immediate action is needed to respond to the potential safety hazards
associated with bridge demolition. Hazards from the demolition
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 March 30, 2023, 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 demolition operations at the old Governor Harry
W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) has determined that potential
hazards associated with bridge demolition starting March 30, 2023, will
be a safety concern for anyone near the old Governor Harry W. Nice/
Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge demolition
site. This rule is needed to protect personnel,
[[Page 19224]]
vessels, and the marine environment in the navigable waters within the
safety zone while the bridge is being demolished.
IV. Discussion of the Rule
The COTP is establishing a safety zone from 12:01 a.m. on March 30,
2023, to 11:59 p.m. on April 30, 2023. The safety zone will cover the
following areas:
Area 1. All navigable waters of the Potomac River, encompassed by a
line connecting the following points beginning at 38[deg]21'38.74'' N,
077[deg]00'52.99'' W, thence east to 38[deg]21'52.67'' N,
076[deg]59'2.51'' W, thence south along the shoreline to
38[deg]21'43.45'' N, 076[deg]58'56.22'' W, thence west to
38[deg]21'28.91'' N, 077[deg]00'52.81'' W, and thence north along the
shoreline back to the beginning point, located in King George County,
VA. Area 2. All navigable waters of the Potomac River, within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled demolition and debris removal. Except for marine equipment
and vessels operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors, no vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The term designated representative also includes an
employee or contractor of Skanska-Corman-McLean, Joint Venture for the
sole purposes of designating and establishing safe transit corridors,
to permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
The COTP will notify the public that the safety zone will be
enforced by all appropriate means to the affected segments of the
public, as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification will also include, but are not limited to, Broadcast
Notice to Mariners. Vessels or persons violating this rule are subject
to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70052. The
regulatory text appears at the end of this document.
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 the size, location
and time of year of the safety zone. The temporary safety zone is
approximately 3000 yards in width and 350 yards in length. This safety
zone would impact a small designated area of the Potomac River for 32
total days, but we anticipate that there would 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. During explosive
detonations, the Coast Guard will have law enforcement assets on-scene
to enforce the safety zone immediately before, during and after
explosive detonations. This safety zone would be established outside
the normal recreational boating season for this area, which occurs
during the summer season. Moreover, the Coast Guard would issue Local
Notices to Mariners and a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 19225]]
Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 32 total days that would prohibit entry within a
portion of the Potomac River. Normally such actions are 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0145 to read as follows:
Sec. 165.T05-0145 Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.
(a) Location. The following areas are a safety zone. These
coordinates are based on North American Datum of 1983 (NAD 83).
(1) Area 1. All navigable waters of the Potomac River, encompassed
by a line connecting the following points beginning at
38[deg]21'38.74'' N, 077[deg]00'52.99'' W, thence east to
38[deg]21'52.67'' N, 076[deg]59'2.51'' W, thence south along the
shoreline to 38[deg]21'43.45'' N, 076[deg]58'56.22'' W, thence west to
38[deg]21'28.91'' N, 077[deg]00'52.81'' W, and thence north along the
shoreline back to the beginning point, located in King George County,
VA.
(2) Area 2. All navigable waters of the Potomac River within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
(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 COTP in the
enforcement of the safety zone. The term also includes an employee or
contractor of Skanska-Corman-McLean, Joint Venture for the sole
purposes of designating and establishing safe transit corridors, to
permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
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, Skanska-Corman-McLean, Joint Venture, or the
COTP's designated representative. If a vessel or person is notified by
the COTP, Skanska-Corman-McLean, Joint Venture, or the COTP's
designated representative that they have entered the safety zone
without permission, they are required to immediately leave in a safe
manner following the directions given.
(2) Mariners requesting to transit any of the safety zone areas in
paragraph (a) of this section must first contact the Skanska-Corman-
McLean, Joint Venture designated representative, the on-site project
manager, by telephone number 785-953-1465 or on Marine Band Radio VHF-
FM channels 13 and 16 from the pusher tug Miss Stacy. If permission is
granted, mariners must proceed at their own risk and strictly observe
any and all instructions provided by the COTP, Skanska-Corman-McLean,
Joint Venture, or designated representative to the mariner regarding
the conditions of entry to and exit from any area of the safety zone.
The COTP or the COTP's representative can be contacted by telephone
number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
(3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
(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. This section will be enforced from 12:01
a.m. on March 30, 2023, to 11:59 p.m. on April 30, 2023.
Dated: March 27, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2023-06659 Filed 3-30-23; 8:45 am]
BILLING CODE 9110-04-P