70610 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules 

would then proceed to terminate the 

Order. 

This action would suspend the 

Federal marketing order regulating dried 

prunes produced in California though 

July 31, 2030. Authority for this action 

is provided in section 993.90(a) of the 

Order. 

Committee meetings are widely 

publicized throughout the production 

area. The California dried prune 

industry and all interested persons are 

invited to attend the meetings and 

participate in Committee deliberations 

on all issues. Similarly, the March 22, 

2023, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178, 

Vegetable Crops. OMB’s three-year 

approval of the forms in the Vegetable 

Crops package expire March 31, 2024. 

AMS’ submission of the renewal 

package prior to its expiration will 

retain prune forms but will drawdown 

the information collection burden to 

zero during the time when respondents 

will not be completing and submitting 

the forms during the seven-year 

suspension. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This proposed rule would not impose 

any additional reporting or 

recordkeeping requirements on either 

small or large California dried prune 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this proposed rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. All written 

comments timely received will be 

considered before a final determination 

is made on this rule. 

List of Subjects in 7 CFR Part 993 

Marketing agreements, Plum, Prunes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

993 as follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In Part 993, lift the suspension of 

May 27, 2005, on §§ 993.21d, 993.41, 

993.48, 993.49, 993.50, 993.51, 993.52, 

993.53, 993.54, 993.55, 993.56, 993.57, 

993.58, 993.59, 993.62, 993.65, 993.72, 

993.73, 993.74, 993.75, 993.97, 993.104, 

993.105, 993.106, 993.107, 993.108, 

993.149, 993.150, 993.156, 993.157, 

993.158, 993.159, 993.162, 993.165, 

993.172, 993.173, 993.174, 993.400, 

993.409, 993.501, 993.503, 993.504, 

993.505, 993.506, 993.515, 993.516, 

993.517, 993.518, 993.601, and 993.602. 

PART 993—[STAYED] 

■ 3. Stay 7 CFR part 993 until July 31, 

2030. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–22333 Filed 10–11–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1310 

[Docket No. DEA–1189] 

Propionyl Chloride 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Advanced notice of proposed 

rulemaking. 

SUMMARY: The Drug Enforcement 

Administration finds that propionyl 

chloride is used in the illicit 

manufacture of the controlled substance 

fentanyl, as well as fentanyl analogues, 

and fentanyl-related substances and is 

important to the manufacture of these 

substances because it is often used in 

synthetic pathways to illicitly 

manufacture fentanyl, fentanyl 

analogues, and fentanyl-related 

substances. Prior to proposing to list 

propionyl chloride as a list I chemical, 

DEA is soliciting information on the 

current uses of propionyl chloride 

(other than for the synthesis of fentanyl) 

in order to properly determine the effect 

such a proposed action would have on 

legitimate industry. 

DATES: Comments must be submitted 

electronically or postmarked on or 

before November 13, 2023. Commenters 

should be aware that the electronic 

Federal Docket Management System 

will not accept any comments after 

11:59 p.m. Eastern Time on the last day 

of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–1189’’ on all electronic and 

written correspondence, including any 

attachments. 

• Electronic comments: The Drug 

Enforcement Administration (DEA) 

encourages that all comments be 

submitted electronically through the 

Federal eRulemaking Portal which 

provides the ability to type short 

comments directly into the comment 

field on the web page or attach a file for 

lengthier comments. Please go to 

https://www.regulations.gov and follow 

the online instructions at that site for 

submitting comments.Upon completion 

of your submission, you will receive a 

Comment Tracking Number for your 

comment. Please be aware that 

submitted comments are not 

instantaneously available for public 

view on Regulations.gov. If you have 

received a Comment Tracking Number, 

your comment has been successfully 

submitted and there is no need to 

resubmit the same comment. 

• Paper comments: Paper comments 

that duplicate electronic submissions 

are not necessary. Should you wish to 

mail a paper comment, in lieu of an 

electronic comment, it should be sent 

via regular or express mail to: Drug 

Enforcement Administration, Attn: DEA 

Federal Register Representative/DPW, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Drug and Chemical 

Evaluation Section, Diversion Control 

Division, Drug Enforcement 

Administration; Telephone: (571) 362– 

3249. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received in response to this docket are 

considered part of the public record. 

They will, unless reasonable cause is 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules 70611 

1 21 U.S.C. 802(34). 

2 Id. 

3 21 U.S.C. 812(c) Schedule II(b)(6) and 21 CFR 

1308.12(c). 4United Nations Office on Drugs and Crime, 

Global SMART Update Volume 17, March 2017. 

https://www.unodc.org/documents/scientific/ 

Global_SMART_Update_17_web.pdf. 5Centers for Disease Control and Prevention, 

National Center for Health Statistics. National Vital 

Statistics System, Provisional Mortality on CDC 

WONDER Online Database. Data are from the final 

Multiple Cause of Death Files, 2018–2021, and from 

provisional data for years 2022–2023, as compiled 

from data provided by the 57 vital statistics 

jurisdictions through the Vital Statistics 

Cooperative Program. Accessed at https://

wonder.cdc.gov/mcd-icd10-provisional.html on 

March 16, 2023. 

6Ahmad FB, Cisewski JA, Rossen LM, Sutton P. 

Provisional drug overdose death counts. National 

Center for Health Statistics. 2023. Accessed at 

https://www.cdc.gov/nchs/nvss/vsrr/drug-overdosedata.htm on March 15, 2023. 

7The National Forensic Laboratory Information 

System (NFLIS-Drug) is a national forensic 

laboratory reporting system that systematically 

collects results from drug chemistry analyses 

conducted by Federal, State and local forensic 

laboratories in the United States. While NFLIS-Drug 

data is not direct evidence of abuse, it can lead to 

an inference that a drug has been diverted and 

abused. See 76 FR 77330, 77332 (December 12, 

2011). NFLIS-Drug data was queried on July 31, 

2023. 

given, be made available by DEA for 

public inspection online at https://

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. The Freedom of 

Information Act applies to all comments 

received. If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be made 

publicly available, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all of the personal identifying 

information you do not want made 

publicly available in the first paragraph 

of your comment and identify what 

information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be made 

publicly available, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify the confidential 

business information to be redacted 

within the comment. 

Comments containing personal 

identifying information or confidential 

business information identified as 

directed above will be made publicly 

available in redacted form. If a comment 

has so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be made publicly available. 

Comments posted to https://

www.regulations.gov may include any 

personal identifying information (such 

as name, address, and phone number) 

included in the text of your electronic 

submission that is not identified as 

directed above as confidential. 

An electronic copy of this advanced 

proposed rule is available at https://

www.regulations.gov for easy reference. 

Legal Authority 

The Controlled Substances Act (CSA) 

gives the Attorney General the authority 

to specify, by regulation, chemicals as 

list I chemicals.1 A ‘‘list I chemical’’ is 

a chemical that is used in 

manufacturing a controlled substance in 

violation of the CSA and is important to 

the manufacture of the controlled 

substances.2 The current list of all listed 

chemicals is published at 21 CFR 

1310.02. Pursuant to 28 CFR 0.100(b), 

the Attorney General has delegated his 

authority to designate list I chemicals to 

the Administrator of DEA 

(Administrator). DEA regulations set 

forth the process by which DEA may 

add a chemical as a listed chemical. As 

set forth in 21 CFR 1310.02(c), the 

agency may do so by publishing a final 

rule in the Federal Register following a 

published notice of proposed 

rulemaking with at least 30 days for 

public comments. 

Background 

The clandestine manufacture of 

fentanyl, fentanyl analogues, and 

fentanyl-related substances remains 

extremely concerning as the distribution 

of illicit fentanyl, fentanyl analogues, 

and fentanyl-related substances 

continues to drive drug-related overdose 

deaths in the United States. Fentanyl is 

a synthetic opioid and was first 

synthesized in Belgium in the late 

1950s. Fentanyl was introduced into 

medical practice and is approved for 

medical practitioners in the United 

States to prescribe lawfully for 

anesthesia and analgesia. Yet, due to its 

pharmacological effects, fentanyl can be 

used as a substitute for heroin, 

oxycodone, and other opioids in opioid 

dependent individuals. Therefore, 

despite its accepted medical use in 

treatment in the United States, DEA 

controls fentanyl as a schedule II 

controlled substance due to its high 

potential for abuse and dependence.3

Moreover, there are a substantial 

number of fentanyl analogues and 

fentanyl-related substances that are 

being distributed on the illicit drug 

market despite DEA’s actions adding 

them as schedule I controlled 

substances. Illicit manufacturers attempt 

to utilize unregulated precursor 

chemicals to evade law enforcement 

detection and precursor chemical 

controls in order to manufacture 

fentanyl, fentanyl analogues, and 

fentanyl-related substances. This 

strategy allows for the synthesis of a 

variety of fentanyl analogues and 

fentanyl-related substances by making 

slight modifications to the core fentanyl 

structure while maintaining the same 

synthetic methodology used to 

synthesize fentanyl, fentanyl analogues, 

and fentanyl-related substances. 

The unlawful trafficking of fentanyl, 

fentanyl analogues, and fentanyl-related 

substances in the United States 

continues to pose an imminent hazard 

to the public safety. Since 2012, 

fentanyl has shown a dramatic increase 

in the illicit drug supply as a single 

substance, in mixtures with other illicit 

drugs (i.e., heroin, cocaine, and 

methamphetamine), and in forms that 

mimic pharmaceutical preparations 

including prescription opiates and 

benzodiazepines.4

DEA has noted a significant increase 

in overdoses and overdose fatalities 

from fentanyl, fentanyl analogues, and 

fentanyl-related substances in the 

United States in recent years. According 

to the Centers for Disease Control and 

Prevention (CDC), opioids, mainly 

synthetic opioids (which includes 

fentanyl), are predominantly 

responsible for drug overdose deaths in 

recent years. According to CDC 

WONDER,5 drug-induced overdose 

deaths involving synthetic opioids 

(excluding methadone) in the United 

States increased from 36,359 in 2019 to 

56,516 in 2020 to 70,601 in 2021. Based 

on provisional data, the predicted 

number of drug overdose deaths 

involving synthetic opioids (excluding 

methadone) in the United States for the 

12 months ending October 2022 is 

73,570 individuals, or approximately 68 

percent of all drug-induced overdose 

deaths for that time period.6 The 

increase in overdose fatalities involving 

synthetic opioids coincides with a 

dramatic increase in law enforcement 

encounters of fentanyl, fentanyl 

analogues, and fentanyl-related 

substances. According to the National 

Forensic Laboratory Information System 

(NFLIS-Drug),7 reports from forensic 

laboratories of drug items containing 

fentanyl, fentanyl analogues, and 

fentanyl-related substances increased 

dramatically since 2014, as shown in 

Table 1. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
70612 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules 

8 72 FR 20039 (April 23, 2007). 

9 85 FR 20822 (May 15, 2020). 

10 88 FR 21902 (May 12, 2023). 

11 75 FR 37295 (August 30, 2010). 

12 85 FR 21320 (May 18, 2020). 

13https://www.dea.gov/press-releases/2018/01/ 

05/china-announces-scheduling-controls-twofentanyl-precursor-chemicals. Accessed March 9, 

2022. 

14 85 FR 20822 (May 15, 2020). 

15 85 FR 21320 (May 18, 2020). 

16 75 FR 37295 (August 30, 2010). 17 85 FR 20822 (May 15, 2020). 

TABLE 1—ANNUAL REPORTS OF FENTANYL AND SELECT FENTANYL ANALOGUES AND FENTANYL-RELATED SUBSTANCES

IDENTIFIED IN DRUG ENCOUNTERS

Year 2014 2015 2016 2017 2018 2019 2020 2021 2022 

Annual Fentanyl Reports ............. 5,554 15,461 37,154 61,640 89,966 108,131 125,999 164,890 165,067 

Annual Reports of select fentanyl 

analogues and fentanyl-related 

substances ............................... 78 2,317 7,624 21,980 16,177 20,917 7,800 26,368 29,404 

Role of Propionyl Chloride in the 

Synthesis of Fentanyl 

Fentanyl, fentanyl analogues, and 

fentanyl-related substances are not 

naturally occurring substances. As such, 

the manufacture of these substances 

requires them to be produced through 

synthetic organic chemistry. Synthetic 

organic chemistry is the process in 

which a new organic molecule is 

created through a series of chemical 

reactions, which involve precursor 

chemicals. Through chemical reactions, 

the chemical structures of precursor 

chemicals are modified in a desired 

fashion. These chemical reaction 

sequences, also known as synthetic 

pathways, are designed to create a 

desired substance. Several synthetic 

pathways to fentanyl, fentanyl 

analogues, and fentanyl-related 

substances have been identified in 

clandestine laboratory settings; these 

include the original ‘‘Janssen method,’’ 

the ‘‘Siegfried method,’’ and the ‘‘Gupta 

method.’’ In response to the illicit 

manufacture of fentanyl, fentanyl 

analogues, and fentanyl-related 

substances using these methods, DEA 

controlled N-phenethyl-4-piperidone 

(NPP),8 N-(1-benzylpiperidin-4-yl)-Nphenylpropionamide (benzylfentanyl), 

N-phenylpiperidin-4-amine (4- 

anilinopiperidine; including its amides 

and carbamates),9 and 4-piperidone 

(piperidin-4-one) 10 as list I chemicals 

and 4-anilino-N-phenethylpiperidine 

(ANPP) 11 and N-phenyl-N-(piperidin-4- 

yl)propionamide (norfentanyl) 12 as 

schedule II immediate precursors under 

the CSA. 

In 2017, the United Nations 

Commission on Narcotic Drugs placed 

NPP and ANPP in Table I of the 

Convention Against Illicit Traffic in 

Narcotic Drugs and Psychotropic 

Substances of 1988 (1988 Convention) 

in response to the international 

reintroduction of fentanyl on the illicit 

drug market. As such, member states of 

the United Nations are required to 

regulate these precursor chemicals at 

the national level. Importantly, the 

People’s Republic of China regulated 

NPP and ANPP on February 1, 2018.13

Subsequently in 2022, the United 

Nations Commission on Narcotic Drugs 

placed norfentanyl, 1-boc-4- 

anilinopiperidine, and 4- 

anilinopiperidine in Table I of the 1988 

Convention in response to the 

international reintroduction of fentanyl 

on the illicit drug market and the 

introduction of new precursors used in 

the illicit manufacture of fentanyl. 

Propionyl Chloride 

The original published synthetic 

pathway to fentanyl, known as the 

Janssen method, involves the list I 

chemical benzylfentanyl and schedule II 

immediate precursor norfentanyl. In this 

synthetic pathway, benzylfentanyl, a list 

I chemical under the CSA,14 is 

synthesized by reacting propionyl 

chloride with 4-anilino-1- 

benzylpiperidine, which is then 

converted to norfentanyl, the schedule II 

immediate precursor in this synthetic 

pathway.15 Norfentanyl is then 

subjected to one simple chemical 

reaction to complete the synthesis of 

fentanyl. This synthetic pathway can 

also be easily modified to produce 

fentanyl analogues and fentanyl-related 

substances. 

Propionyl chloride also serves as a 

precursor chemical in the Siegfried 

method. In this synthetic pathway, 

propionyl chloride is reacted with 

ANPP,16 the schedule II immediate 

precursor in the Siegfried method, to 

complete the synthesis of fentanyl. This 

synthetic pathway can also be easily 

modified to produce fentanyl analogues 

and fentanyl-related substances. 

In addition to the Janssen and 

Siegfried methods, clandestine 

manufacturers are using other methods 

to synthesize fentanyl, one of which is 

known as the Gupta method. In this 

synthetic pathway, 4-piperidone, a list I 

chemical under the CSA, is used to 

synthesize 4-anilinopiperidine, another 

list I chemical under the CSA,17 which 

serves as an alternative precursor 

chemical to NPP, a list I chemical, in the 

synthesis of ANPP, a schedule II 

immediate precursor albeit through a 

different synthetic process. The 

resulting ANPP is reacted with 

propionyl chloride to manufacture the 

schedule II controlled substance, 

fentanyl. This synthetic pathway can 

also be easily modified to produce 

fentanyl analogues and fentanyl-related 

substances. 

Propionyl chloride is attractive to 

illicit manufacturers because of the lack 

of regulations on this chemical, it is 

readily available from chemical 

suppliers, and it can be easily used in 

many known synthetic pathways used 

in the illicit manufacture of fentanyl, 

fentanyl analogues, and fentanyl-related 

substances. 

Solicitation for Information 

With this advanced notice of 

proposed rulemaking, DEA is soliciting 

information on any possible legitimate 

uses of propionyl chloride unrelated to 

fentanyl production (including 

industrial uses) in order to assess the 

potential economic impact of 

controlling propionyl chloride as a list 

I chemical. DEA seeks to document any 

unpublicized use(s) and other 

proprietary use(s) of propionyl chloride 

that are not in the public domain. 

Therefore, DEA is soliciting comment 

on the uses of propionyl chloride in the 

legitimate marketplace. 

DEA is soliciting input from all 

potentially affected parties regarding: (1) 

The types of legitimate industries using 

propionyl chloride; (2) the legitimate 

uses, legitimate needs and quantity 

produced, used, and distributed of 

propionyl chloride; (3) the size of the 

domestic market for propionyl chloride; 

(4) the number of manufacturers of 

propionyl chloride; (5) the number of 

distributors of propionyl chloride; (6) 

the level of import and export of 

propionyl chloride; (7) the potential 

burden that controlling propionyl 

chloride as a list I chemical may have 

on any legitimate industry and trade; (8) 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Proposed Rules 70613 

the potential number of individuals/ 

firms that may be adversely affected by 

such regulatory controls (particularly 

with respect to the impact on small 

businesses); and (9) any other 

information on the manner of 

manufacturing, distribution, 

consumption, storage, disposal, and 

uses of propionyl chloride by industry 

and others. DEA invites all interested 

parties to provide any information on 

any legitimate uses of propionyl 

chloride in industry, commerce, 

academia, research and development, or 

other applications. DEA seeks both 

quantitative and qualitative data. 

Such information may be submitted 

electronically to the address listed 

above and is requested by November 13, 

2023. This information will be used to 

properly determine the effect that 

proposed regulations to make propionyl 

chloride a list 1 chemical under the CSA 

would have on industry. 

Handling of Confidential or Proprietary 

Information 

Confidential or proprietary 

information may be submitted as part of 

a comment regarding this advanced 

notice of proposed rulemaking. Please 

see the ‘‘POSTING OF PUBLIC 

COMMENTS’’ section above for a 

discussion of the identification and 

redaction of confidential business 

information and personally identifying 

information. 

Regulatory Analyses 

This ANPRM was developed in 

accordance with the principles of 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review’’ and 

E.O. 13563, ‘‘Improving Regulation and 

Regulatory Review.’’ Since this action is 

an ANPRM, the requirement of E.O. 

12866 to assess the costs and benefits of 

this action does not apply. 

Furthermore, the requirements of the 

Regulatory Flexibility Act do not apply 

to this action because, at this stage, it is 

an ANPRM and not a ‘‘rule’’ as defined 

in 5 U.S.C. 601. Following review of the 

comments received in response to this 

ANPRM, if DEA proceeds with a notice 

of proposed rulemaking regarding this 

matter, DEA will conduct all relevant 

analyses as required by statute or E.O. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on October 5, 2023, by Administrator 

Anne Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2023–22570 Filed 10–11–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0795] 

RIN 1–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish 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 November 

8, 2023 through January 30, 2024. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port, Sector MarylandNational Capital Region or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before October 27, 2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0795 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LCDR Kate 

Newkirk, Sector Maryland-NCR, 

Waterways Management Division, U.S. 

Coast Guard: telephone 410–576–2519, 

email MDNCRWaterways@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, Purpose, and Legal 

Basis 

Skanska-Corman-McLean, Joint 

Venture notified the Coast Guard that it 

will be conducting demolition of the old 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge, which will occur from 

12:01 a.m. on November 8, 2023, to 

11:59 p.m. on January 30, 2024. The 

bridge is located on the Potomac River, 

at mile 43.3, between Charles County, 

MD and King George County, VA. The 

segment of the old bridge over waters 

that include the bridge piers sections 

between Piers 14 and the east riverbank 

of the Potomac River requires the use of 

explosives, and debris removal and 

hydrographic surveying equipment. 

Marine equipment, including barges, 

positioned in the Potomac River will be 

used to support the bridge demolition 

and debris removal operation. This 

operation also requires the use of a 

temporary commercial mooring buoy in 

the Potomac River south of the old 

bridge where the explosives barge will 

be kept. Hazards from the demolition 

and debris removal work include 

accidental discharge of explosives, 

dangerous projectiles, hanging ropes or 

cables, and falling objects or debris. The 

Captain of the Port, Maryland-National 

Capital Region (COTP) has determined 

that potential hazards associated with 

the demolition and removal of the old 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge would be a safety 

concern for anyone within or near 

project area. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within or near the 

Federal navigation channel at the old 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge before, during, and 

after the scheduled event. The Coast 

Guard is proposing this rulemaking 

under authority in 46 U.S.C. 70034. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from 12:01 a.m. on 

November 8, 2023, to 11:59 p.m. on 


ddrumheller on DSK120RN23PROD with PROPOSALS1