Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2347 

funds according to the provisions of 

§§ 872.21, 872.22, and 872.23. 

[FR Doc. 2022–00513 Filed 1–13–22; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0021] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

County, VA 

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 persons, and the marine 

environment from the potential safety 

hazards associated with construction 

operations at the new Governor Harry 

W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge, 

which will occur from 8 p.m. on January 

15, 2022 through 8 p.m. on January 22, 

2022. 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 8 p.m. 

on January 15, 2022 until 8 p.m. on 

January 22, 2022 . 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0021 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 MarylandNCR, Waterways Management Division, 

U.S. Coast Guard: telephone 410–576– 

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 

§ Section 

TFR Temporary Final Rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On January 5, 2022, Skanska-CormanMcLean, Joint Venture, notified the 

Coast Guard that the company will be 

setting structural steel sections across 

the federal navigation channel at the 

new Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge. The bridge contractor 

stated the work required to set structural 

steel across the channel, originally 

scheduled to occur in November 2021, 

and rescheduled to December 2021, was 

scheduled to occur from January 3, 

2022, through January 15, 2022. 

However, the unexpected and 

unprecedented impacts to the southern 

Maryland and northern Virginia region 

from the major snow storm on January 

3, 2022 halted operations and caused 

additional delays. The work is now 

scheduled to occur from January 11, 

2022, through January 22, 2022. The 

work described by the contractor 

requires the movement in and anchoring 

at multiple points of a large crane barge 

within the federal navigation channel. 

This crane can accommodate all of the 

steel to be hoisted and placed, which 

will streamline the operation by 

avoiding multiple reloads of steel and 

reducing the time in the channel by 

multiple days. This operation will 

impede vessels requiring the use of the 

channel. Note, the Coast Guard has 

previously issued other temporary 

safety zones at this location for 

placement of fender ring elements in 

association with construction of the new 

bridge (USCG–2021–0127; USCG–2021– 

0650; USCG–2021–0745; and USCG– 

2021–0906). 

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 doing 

so would be impracticable and contrary 

to the public interest. Construction 

operations involving large crane heavy 

lifts at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) 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 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 January 15, 

2022 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 construction operations 

at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge to be 

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 

has determined that potential hazards 

associated with bridge construction 

starting January 15, 2022, will be a 

safety concern for anyone within the 

federal navigation channel at the new 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) 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 temporary 

safety zone from 8 p.m. on January 15, 

2022, through 8 p.m. on January 22, 

2022. The safety zone will cover all 

navigable waters of the Potomac River 

encompassed by a line connecting the 

following points beginning at 

38°21′50.96′′ N, 076°59′22.04′′ W, thence 

south to 38°21′43.08′′ N, 076°59′20.55′′ 

W, thence west to 38°21′41.00′′ N, 

076°59′34.90′′ W, thence north to 

38°21′48.90′′ N, 076°59′36.80′′ W, and 

east back to the beginning point, located 

between Charles County, MD and King 

George County, VA. 

The duration of the zone is intended 

to protect personnel and the marine 

environment in these navigable waters 

while structural steel is being set across 

the federal navigation channel at the 

new Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge. 

Except for marine equipment and 

vessels operated by Skanska-CormanMcLean, Joint Venture, or its 


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2348 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

subcontractors, no vessel or person will 

be permitted to enter the safety zone 

without obtaining permission from the 

COTP Maryland-National Capital 

Region or a designated representative. 

The COTP Maryland-National Capital 

Region 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). 

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 size and duration of the 

safety zone. The temporary safety zone 

is approximately 450 yards in width and 

270 yards in length. We anticipate that 

there will 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. Vessel traffic not required to use 

the navigation channel will be able to 

safely transit around the safety zone. 

Such vessels may be able to transit to 

the east or the west of the federal 

navigation channel, as similar vertical 

clearance and water depth exist under 

the next bridge span to the east and 

west. This safety zone will impact a 

small designated area of the Potomac 

River for 8 days, but coincides with the 

non-peak season for recreational 

boating. 

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 

temporary 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 

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 

temporary safety zone lasting 7 total 

days that will 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. 


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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2349 

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. 01.2. 

■ 2. Add § 165.T05–0021 to read as 

follows: 

§ 165.T05–0021 Safety Zone; Potomac 

River, Between Charles County, MD and 

King George County, VA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Potomac River, encompassed by a line 

connecting the following points 

beginning at 38°21′50.96′′ N, 

076°59′22.04′′ W, thence south to 

38°21′43.08′′ N, 076°59′20.55′′ W, thence 

west to 38°21′41.00′′ N, 076°59′34.90′′ 

W, thence north to 38°21′48.90′′ N, 

076°59′36.80′′ W, and east back to the 

beginning point, located between 

Charles County, MD and King George 

County, VA. These coordinates are 

based on datum NAD 83. 

(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. 

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 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone number 

410–576–2693 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(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. The section 

will be enforced from 8 p.m. on January 

15, 2022, through 8 p.m. on January 22, 

2022. 

Dated: January 10, 2022. 

David E. O’Connell, 

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

Port Sector Maryland-National Capital 

Region. 

[FR Doc. 2022–00705 Filed 1–13–22; 8:45 am] 

BILLING CODE 9110–04–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 105–70 

[FPMR Case 2022–01; Docket No. GSA– 

FPMR–2022–0004; Sequence No. 1] 

RIN 3090–AK53 

Program Fraud Civil Remedies Act of 

1986, Civil Monetary Penalties Inflation 

Adjustment 

AGENCY: Office of the General Counsel, 

General Services Administration. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996 and further amended by the 

Federal Civil Penalties Inflation 

Adjustment Act Improvement Act of 

2015, this final rule incorporates the 

penalty inflation adjustments for the 

civil monetary penalties set forth in the 

United States Code, as codified in our 

regulations. 

DATES: Effective February 14, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Aaron Pound, Assistant General 

Counsel, General Law Division (LG), 

General Services Administration, 1800 F 

Street NW, Washington, DC 20405. 

Telephone Number 202–501–1460. 

SUPPLEMENTARY INFORMATION: 

I. The Debt Collection Improvement Act 

of 1996 

To maintain the remedial impact of 

civil monetary penalties (CMPs) and to 

promote compliance with the law, the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410) was amended by the Debt 

Collection Improvement Act of 1996 

(Pub. L. 104–134) to require Federal 

agencies to regularly adjust certain 

CMPs for inflation and further amended 

by the Federal Civil Penalties Inflation 

Adjustment Act Improvement Act of 

2015 (Sec. 701 of Pub. L. 114–74). As 

amended, the law requires each agency 

to make an initial inflationary 

adjustment for all applicable CMPs, and 

to make further adjustments at least 

once every year thereafter for these 

penalty amounts. The Debt Collection 

Improvement Act of 1996 further 

stipulates that any resulting increases in 

a CMP due to the calculated inflation 

adjustments shall apply only to 

violations which occur after the date the 

increase takes effect, i.e., thirty (30) days 

after date of publication in the Federal 

Register. Pursuant to the 2015 Act, 

agencies are required to adjust the level 

of the CMP with an initial ‘‘catch up’’, 

and make subsequent annual 

adjustments for inflation. Catch up 

adjustments are based on the percent 

change between the Consumer Price 

Index for Urban Consumers (CPI–U) for 

the month of October for the year of the 

previous adjustment, and the October 

2015 CPI–U. Annual inflation 

adjustments will be based on the 

percent change between the October 

CPI–U preceding the date of adjustment 

and the prior year’s October CPI–U. 

II. The Program Fraud Civil Remedies 

Act of 1986 

In 1986, sections 6103 and 6104 of the 

Omnibus Budget Reconciliation Act of 

1986 (Pub. L. 99–501) set forth the 

Program Fraud Civil Remedies Act of 

1986 (PFCRA). Specifically, this statute 

imposes a CMP and an assessment 

against any person who, with 

knowledge or reason to know, makes, 

submits, or presents a false, fictitious, or 

fraudulent claim or statement to the 

Government. The General Services 

Administration’s regulations, published 

in the Federal Register (61 FR 246, 

December 20, 1996) and codified at 41 

CFR part 105–70, set forth a CMP of up 

to $10,781 for each false claim or 

statement made to the agency. Based on 

the penalty amount inflation factor 

calculation, derived from originally 

dividing the June 2015 CPI by the June 

1996 CPI and making the CPI-based 

annual adjustment thereafter, after 

rounding we are adjusting the maximum 

penalty amount for this CMP to $11,001 

per violation. 

III. Waiver of Proposed Rulemaking 

In developing this final rule, we are 

waiving the usual notice of proposed 

rulemaking and public comment 


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