Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76669 

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. 

■ 2. Add § 165.T05–0862 to read as 

follows: 

§ 165.T05–0862 Safety Zone; Atlantic 

Ocean, Virginia Beach, VA. 

(a) Location. The following area is a 

safety zone: All waters of the Atlantic 

Ocean, from surface to bottom, 

described by a radius of 550 yards from 

the actual position of the M/V HOS 

MYSTIQUE while survey operations are 

being conducted. 

(b) Definitions. As used in this 

section, designated representative 

means 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 Sector Virginia 

(COTP) in the enforcement of the safety 

zones. The term also includes the M/V 

HOS MYSTIQUE for the sole purpose of 

designating and establishing safe transit 

corridors, to permit passage into or 

through these safety zones, or to notify 

vessels and individuals that they have 

entered a safety zone and are required 

to depart immediately. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, vessels may not enter the 

safety zone described in paragraph (a) of 

this section unless authorized by the 

COTP or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

vessels should contact the M/V HOS 

MYSTIQUE by VHF–FM Channel 16. 

Those in the safety zone must comply 

with all directions given to them by the 

COTP or the COTP’s designated 

representative. 

(d) Enforcement period. This zone 

will be in effect and enforced during 

such times as are announced via 

Broadcast Notice to Mariners between 

November 1, 2023, through December 

31, 2023. 

Dated: November 1, 2023. 

J.A. Stockwell, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Virginia. 

[FR Doc. 2023–24555 Filed 11–6–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0795] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

AGENCY: Coast Guard, 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 November 

8, 2023 through January 30, 2024. This 

regulation prohibits persons and vessels 

from being in the safety zone unless 

authorized by the Captain of the Port, 

Sector Maryland-National Capital 

Region or a designated representative. 

DATES: This rule is effective from 

November 8, 2023, through January 30, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0795 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 about this rule, 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 

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 

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. In 

response, on October 12, 2023, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Potomac River, Between Charles 

County, MD and King George County, 

VA (USCG–2023–0795). During the 

comment period that ended October 27, 

2023, we received no comments. 

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 

because immediate action is needed to 

respond to the potential safety hazards 

associated with demolition of 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 Sector MarylandNational 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. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

October 12, 2023. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

This rule establishes a safety zone 

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

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

safety zone would cover the following 

areas: 


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76670 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 

Area 1. All navigable waters of the 

Potomac River, encompassed by a line 

connecting the following points 

beginning at 38°21′49.10′′ N, 

076°59′32.46′′ W, thence south to 

38°21′40.04′′ N, 076°59′30.62′′ W, thence 

east to 38°21′43.52′′ N, 076°59′15.22′′ W, 

thence south along the shoreline to 

38°21′52.49′′ N, 076°58′59.70′′ W, and 

west back to the beginning point, 

located between Charles County, MD 

and 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 we are 

proposing 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 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

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, duration 

and time of year of the regulated area. 

The temporary safety zone comprises 

two separate geographic areas which 

total a maximum of approximately 900 

yards in width and 350 yards in length. 

This safety zone would impact a small, 

designated area of the Potomac River for 

a maximum 84 total days, but we 

anticipate that there would be no 

vessels that are unable to conduct 

business because of the safety zone. 

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 to 

coordinate with those vessels. This 

safety zone would be established 

outside the normal recreational boating 

season for this area, which occurs 

during the summer. 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 on days it is being 

enforced. 

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 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 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76671 

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 84 total days that would 

prohibit entry within a portion of the 

Potomac River. It is 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 

■ 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. 01.3. 

■ 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 datum NAD 83. 

(1) Area 1. All navigable waters of the 

Potomac River, encompassed by a line 

connecting the following points 

beginning at 38°21′49.10′′ N, 

076°59′32.46′′ W, thence south to 

38°21′40.04′′ N, 076°59′30.62′′ W, thence 

east to 38°21′43.52′′ N, 076°59′15.22′′ W, 

thence south along the shoreline to 

38°21′52.49′′ N, 076°58′59.70′′ W, and 

west back to the beginning point, 

located between Charles County, MD 

and 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 Captain of 

the Port Maryland-National Capital 

Region (COTP) in the enforcement of the 

safety zone. The term 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. 

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 wishing to transit any of 

these safety zone areas 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 to 

request permission. 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 in effect, and subject to 

enforcement, from 12:01 a.m. on 

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

January 30, 2023. 

Dated: November 1, 2023. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2023–24561 Filed 11–6–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 261 

RIN 0596–AD52 

Prohibitions in Region 8, Southern 

Region 

AGENCY: Forest Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Chattooga Wild and 

Scenic River is located in the Nantahala 

National Forest in North Carolina, the 

Sumter National Forest in South 

Carolina, and the Chattahoochee 

National Forest in Georgia. Forest 

Service regulations generally prohibit 

floating activities on the Chattooga Wild 

and Scenic River unless authorized by 

a permit. On January 31, 2012, the U.S. 

Department of Agriculture (USDA), 

Forest Service issued decisions to 

change some of the locations where, and 


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