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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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46971 

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 regulated area 

is approximately 450 yards in width and 

270 yards in length. 

This regulation requires that the 

bridge owner post a sign facing the 

northern and southern approaches of 

the navigation channel labeled ‘‘BRIDGE 

WORK—DANGER—STAY AWAY’’ 

affixed to the sides of the on-scene 

marine equipment and vessels operating 

within the area of the safety zone. This 

provides on-scene notice of the safety 

zone. This notice will consist of a 

diamond shaped sign (minimum 4 feet 

by 4 feet) with a 3-inch orange retro 

reflective border. The word ‘‘DANGER’’ 

will be 10 inch black block letters 

centered on the sign with the words 

‘‘BRIDGE WORK’’ and ‘‘STAY AWAY’’ 

in 6 inch black block letters placed 

above and below the word ‘‘DANGER,’’ 

respectively, on a white background. 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters while the tub sections are being 

set 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. Except for 

marine equipment and vessels operated 

by Skanska-Corman-McLean, Joint 

Venture, or its subcontractors, no vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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 may also include, 

but are not limited to, Broadcast Notice 

to Mariners. Vessels or persons violating 

this rule are subject to the penalties set 

forth in 46 U.S.C. 70036 (previously 

codified in 33 U.S.C. 1232) and 46 

U.S.C. 70052 (previously codified in 50 

U.S.C. 192). 

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. 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. Excusion 

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 of the federal navigation 

channel, as similar vertical clearance 

and water depth exist under the next 

bridge span to the east. This safety zone 

will impact a small designated area of 

the Potomac River for 18 total 

enforcement 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 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 

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. 


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46972 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

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 18 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. 

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. 0170.1. 

■ 2. Add § 165.T05–0650 to read as 

follows: 

§ 165.T05–0650 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, 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. This safety zone will 

be enforced during the period described 

in paragraph (f) of this section. A 

‘‘BRIDGE WORK—DANGER—STAY 

AWAY’’ sign facing the northern and 

southern approaches of the navigation 

channel will be posted onthe sides of 

the marine equipment on-scene within 

the location described in paragraph (a) 

of this section. 

(f) Enforcement period. This section 

will be enforced from 7 a.m. on August 

23, 2021, through 8 p.m. on September 

11, 2021. 

Dated: August 17, 2021. 

David E. O’Connell, 

Commander, U.S. Coast Guard, Captain of 

the Port Sector Maryland-National Capital 

Region. 

[FR Doc. 2021–17978 Filed 8–20–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 674, 682 and 685 

[Docket ID ED–2019–FSA–0115] 

RIN 1840–AD48 

Total and Permanent Disability 

Discharge of Loans Under Title IV of 

the Higher Education Act 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Final regulations. 

SUMMARY: The Department of Education 

(Department) adopts as final regulations, 

with changes, the interim final 

regulations for total and permanent 

disability (TPD) student loan discharge. 

DATES: 

Effective date: These regulations are 

effective July 1, 2022. 

Implementation date: For the 

implementation date of these regulatory 

changes, see the Implementation Date of 

These Regulations section of this 

document. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer M. Hong, Director, Policy 

Coordination Group, U.S. Department of 

Education, Office of Postsecondary 

Education, 400 Maryland Avenue SW, 

Washington, DC 20202–2241. 

Telephone: (202)453–7805. Email: 

jennifer.hong@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll-free, at (800) 877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of This Regulatory Action: 

On November 26, 2019, the Department 

published in the Federal Register (84 

FR 65000) an interim final rule (IFR) to 

amend and update the regulations for 

TPD student loan discharge for veterans 

by removing administrative burdens 

that may have prevented at least 20,000 

totally and permanently disabled 

veterans from obtaining discharges for 

their student loans. These final 

regulations adopt and amend the 

regulations established in the IFR as 

further described below. These 

regulations do not address the process 

of obtaining a TPD student loan 

discharge through the physician’s 

certification process. 

Summary of Major Provisions of This 

Regulatory Action: 

These regulations— 

• Expand the automatic discharge 

process to borrowers who are eligible for 

TPD loan discharge through their SSA 


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