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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Rules and Regulations
December 3, 2021, and on December 4, 2021 alternate dates December 6, 2021, and on December 7, 2021. This regulation prohibits 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 9 a.m.
on December 3, 2021, to 3:30 p.m. on December 7, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0870 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 MarylandNational Capital Region Waterways Management Division, U.S. Coast Guard; telephone 4105762674, 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
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II. Background Information and Regulatory History On November 17, 2021, Baltimore Gas and Electric Company BGE notified the Coast Guard that it will be conducting activities associated with the installation of new overhead power transmission lines crossing over the Patapsco River from the vicinity of the Hawkins Point terminal Station on the west side of the Patapsco River to a location just north of Sollers Point Terminal Station on the east side of the Patapsco River, from 9 a.m. to 11:30
a.m. and from 1 p.m. to 3:30 p.m. on December 3, 2021, and during the same times on December 4, 2021. If necessary due to inclement weather or other reason on December 3, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m. on December 6, 2021. If necessary due to inclement weather or other reason on December 4, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1 p.m. to 3:30 p.m.
on December 7, 2021. This installation process requires the temporary closure of the navigation channel near the Francis Scott Key I695 Bridge and the temporary closure of other portions of the Patapsco River nearby.

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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 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 it is impracticable and contrary to public interest to delay the effective date of this rule. Immediate action is needed to respond to the potential safety hazards associated with the installation of new overhead power transmission lines crossing over the Patapsco River within the navigation channel near the Francis Scott Key I695 Bridge and other portions of the Patapsco River nearby.
The Coast Guard was unable to publish a NPRM due to the short time period between project planners notifying the Coast Guard of the work and publication of this safety zone. It is impracticable and contrary to the public interest to publish an NPRM because we must establish this safety zone by December 3, 2021.
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 the installation of power transmission lines over the Patapsco River adjacent to Francis Scott Key I
695 Bridge conducted within the federal navigation channel and other portions of the river nearby. Such hazards include low-hanging or falling ropes and cables, helicopter rotor downwash and noise, dangerous projectiles, and or other debris.
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 the overhead power transmission line installation work will be a safety concern for anyone transiting the Patapsco River. This rule is needed to ensure the safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled work.

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IV. Discussion of the Rule This rule establishes a safety zone from 9 a.m. on December 3, 2021, to 3:30 p.m. on December 7, 2021. The safety zone will be enforced from 9 a.m.
to 11:30 a.m. and from 1 p.m. to 3:30
p.m. on December 3, 2021, and during the same times on December 4, 2021. If necessary due to inclement weather or other reason on December 3, 2021, it will be enforced from 9 a.m. to 11:30
a.m. and from 1 p.m. to 3:30 p.m. on December 6, 2021. If necessary due to inclement weather or other reason on December 4, 2021, it will be enforced from 9 a.m. to 11:30 a.m. and from 1
p.m. to 3:30 p.m. on December 7, 2021.
The safety zone will cover all navigable waters of the Patapsco River, encompassed by a line connecting the following points beginning at the shoreline at Thoms Cove at position latitude 391236 N, longitude 0763250 W, thence east and south along the shoreline to Hawkins Point at latitude 391240 N, longitude 0763158 W, thence northeast across the Patapsco River to Coffin Point at latitude 391355 N, longitude 0763018 W, thence west and north along the shoreline to Sollers Point at latitude 391401 N, longitude 0763059 W, thence west across the Patapsco River to and terminating at the point of origin, located at Baltimore, MD.
The duration of the rule and enforcement of the zone is intended to ensure the safety of vessels and these navigable waters while the activities associated with the installation of new overhead power transmission lines crossing over the Patapsco River are being conducted. 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
165.7a. Such means of notification may 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 previously codified in 33 U.S.C.
1232 and 46 U.S.C. 70052 previously codified in 50 U.S.C. 192.
Except for craft and equipment operated by BGE, or its subcontractors, 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
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