46968 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

(2) From 11:01 p.m. to 6:59 a.m. the 

draw shall open on signal, if at least 

four hours advance notice is given. 

(c) The draw of the Route 13 Bridge, 

mile 3.9, across Point Pleasant Canal at 

Point Pleasant, shall operate as follows: 

(1) From 7 a.m. to 11 p.m. the draw 

shall open on signal. 

(2) From 11:01 p.m. to 6:59 a.m. the 

draw shall open on signal, if at least 

four hours advance notice is given. 

* * * * * 

Dated: August 9, 2021. 

L.M. Dickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2021–18063 Filed 8–20–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0338] 

RIN 1625–AA00 

Safety Zone; Barge Big Digger and 

Tugs Kimberly Anne and Andrew J 

Operating in the Straits of Mackinac, 

MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comment. 

SUMMARY: This rule amends an earlier 

safety zone titled ‘‘Safety Zone; Tugs 

Kimberly Anne and Westwind and 

Barge Big Digger Operating in the Straits 

of Mackinac, MI’’ issued on May 26, 

2021, because one of the tug vessels 

named in the earlier rule has changed. 

The size, duration, and purpose of the 

safety zone remains the same. This rule 

continues to restrict entry into a 500- 

yard radius around two tugs and a barge 

engaged in pipeline-related work in the 

Straits of Mackinac. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from the 

potential hazards created by the work, 

inspection, diving, and surveying of 

pipelines in the Straits of Mackinac. 

DATES: This interim rule is effective 

without actual notice from August 23, 

2021 through October 15, 2021. 

Comments and related material must be 

received by the Coast Guard on or before 

September 22, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0338 using the Federal 

eRulemaking Portal at http://

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 on this rule, call or 

email LT Deaven Palenzuela, Sector 

Sault Sainte Marie Waterways 

Management Division, U.S. Coast Guard 

at (906) 635–3223 or email 

ssmprevention@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Abbreviations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On May 26, 2021, the Coast Guard 

published a temporary interim rule, at 

86 FR 28268, that established a 

temporary safety zone around the tug 

vessels KIMBERLY ANNE and 

WESTWIND, as well as barge BIG 

DIGGER. This safety zone is needed to 

protect personnel, vessels, and the 

marine environment from the potential 

hazards created by the work, inspection, 

diving, and surveying of pipelines in the 

Straits of Mackinac. In July 2021, the 

construction company notified the Coast 

Guard that it needed to switch out the 

tug vessel WESTWIND for the tug vessel 

ANDREW J. This interim rule amends 

the existing safety zone to remove the 

name of the tug vessel WESTWIND and 

replace it with the name of the tug 

ANDREW J. 

The Coast Guard is issuing this 

temporary interim rule without 

undergoing notice and comment 

procedures pursuant to 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 public 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 unnecessary. The 

pipeline work is ongoing and the barge 

is on site, and the unexpected switch of 

attending tug vessel did not allow time 

for meaningful public comment before 

making the change. Moreover, the 

change to the specific tug vessel 

attending the barge BIG DIGGER does 

not change the scope, timing, or other 

details of the ongoing work, and is 

therefore of little interest to the public. 

Because this safety zone will be in 

place until October 15, however, there 

is time to provide a 30-day public 

comment period after the effective date 

of this rule. The Coast Guard will 

consider all public comments received, 

and may change the rule in response to 

comments if doing so is appropriate. 

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. For the same reasons 

discussed above, delaying the effective 

date of this rule would be impracticable 

and unnecessary. 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Sault Sainte Marie 

(COTP) has determined that potential 

hazards created by the work, inspection, 

diving, and surveying of underwater 

infrastructure in the Straits of Mackinac 

that started June 1, 2021, will be a safety 

concern for anyone within a 500-yard 

radius of the tugs and barge. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the operation is conducted. 

III. Discussion of the Rule 

This rule revises an existing safety 

zone that is anticipated to continue 

until October 15, 2021. The safety zone 

continues to cover all navigable waters 

within 500 yards of the barge BIG 

DIGGER and its attending tugs, which 

are being used to work, inspect, dive, 

and survey pipelines in the Straits of 

Mackinac. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the operation is 

conducted. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The only change this rule makes to the 

existing safety zone is a change to the 

specific tug named. 

IV. 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 protesters. 

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 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46969 

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 the size and location of the 

safety zone. Vessel traffic will be able to 

safely transit around this safety zone 

which would impact a small area of the 

Straits of Mackinac. Moreover, the Coast 

Guard will issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule allows 

vessels to seek permission to enter the 

zone. 

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 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. 

D. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501– 

3520. 

E. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism) if it has a substantial direct 

effect on 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 Executive 

Order 13132 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. 

F. Unfunded Mandates 

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. Although this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management 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 made a determination 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 that will prohibit entry within 500 

yards of tugs and barges used to used to 

work, inspect, dive, and survey 

pipelines in the Straits of Mackinac. It 

is categorically excluded from further 

review under paragraph L[60(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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

To view documents mentioned as 

being available in the docket, find the 

docket as described in the previous 

paragraph, and then select ‘‘Supporting 

& Related Material’’ in the Document 

Type column. Public comments will 

also be placed in our online docket and 

can be viewed by following instructions 

on the https://www.regulations.gov 

Frequently Asked Questions web page. 

We review all comments received, but 

we will only post comments that 


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46970 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 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. 0170.1, Revision No. 01.2. 

■ 2. Amend § 165.T09–0338 by revising 

the section heading and paragraph (a) to 

read as follows: 

§ 165.T09–0338 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. 2021–17337 Filed 8–20–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0650] 

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 in the Potomac River. 

This action is necessary to provide for 

the safety of persons, property, 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 

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 USCG–2021– 

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 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 

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 

(US–301) 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 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 simultaneous 

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 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. 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 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 (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 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 

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 


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