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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
address the topic of the rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation water, Reporting and record keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165REGULATED 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
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 0170.1, Revision No. 01.2.

2. Amend 165.T090338 by revising the section heading and paragraph a to read as follows:

165.T090338 Safety Zone; Tugs Kimberly Anne and Andrew J and Barge Big Digger operating in the Straits of Mackinac, MI.

a Location. The following areas are safety zones: All navigable water within 500 yards of the Tugs Kimberly Anne and Andrew J and Barge Big Digger while conducting work, inspection, diving, and surveying of pipelines in the Straits of Mackinac.

Dated: August 9, 2021.
A.R. Jones, Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
FR Doc. 202117337 Filed 82021; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210650
RIN 1625AA00

Safety Zone; Potomac River, Between Charles County, MD and King George County, VA
Coast Guard, DHS.
Temporary final rule.

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AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for certain waters in the Potomac River.
This action is necessary to provide for the safety of persons, property, and the
SUMMARY:

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marine environment from the potential safety hazards associated with construction operations at the new Governor Harry W. Nice/Senator Thomas Mac Middleton Memorial US301 Bridge, which will occur from 7 a.m. on August 23, 2021, through 8
p.m. on September 11, 2021. This rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative.
DATES: This rule is effective from 7 a.m.
on August 23, 2021, through 8 p.m. on September 11, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0650 in the SEARCH box and click SEARCH. Click on DOCUMENTS on the line associated with this rule below SEARCH.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, U.S. Coast Guard: telephone 410576
2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
II. Background Information and Regulatory History On August 5, 2021, Skanska-CormanMcLean, Joint Venture, notified the Coast Guard that from 7 a.m. on August 23, 2021, to 8 p.m. on September 11, 2021, it will be setting 200-ton pre-cast fender ring elements at the new Governor Harry W. Nice/Senator Thomas Mac Middleton Memorial US301 Bridge at Pier 43, which is adjacent and to the west of the federal navigation channel. The operation requires the daily movement in, anchoring, and movement out of a large crane, as well as nighttime diver work.
This operation will impede vessels requiring the use of the channel.
The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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
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impracticable, unnecessary, or contrary to the public interest. Under 5 U.S.C.
553bB, 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 simultaneous crane heavy lifts at the new Governor Harry W. Nice/Senator Thomas Mac Middleton Memorial US301 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 lowhanging or falling ropes, cables, large piles and cement cast portions, dangerous projectiles, and or other debris. We must establish this safety zone by August 23, 2021, to guard against these hazards.
Under 5 U.S.C. 553d3, 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 US301 Bridge conducted within the federal navigation channel.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
previously 33 U.S.C. 1231. The COTP
Maryland-National Capital Region has determined that potential hazards associated with bridge construction starting August 23, 2021, will be a safety concern for anyone within the federal navigation channel at the new Governor Harry W. Nice/Senator Thomas Mac Middleton Memorial US301 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 safety zone from 7 a.m. on August 23, 2021, through 8 p.m. on September 11, 2021. The safety zone will cover all navigable waters of the Potomac River, encompassed by a line connecting the following points beginning at 382150.96 N, 0765922.04 W, thence south to 382143.08 N, 0765920.55
W, thence west to 382141.00 N, 0765934.90 W, thence north to
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