2025-17094: Safety Zone; Patapsco River, Francis Scott Key Bridge

A. 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 proposed rule would 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, this rule will not have a significant economic impact on any vessel owner or operator, for the following reasons. The safety zones do not restrict the main channel. These safety zones would impact the parts of the Patapsco River during the duration of construction, but we anticipate 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 to coordinate with those vessels. 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. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed rule. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for [[Page 42866]] compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section.

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 proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble.

F. Environment

We have analyzed this proposed 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 made a preliminary 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 proposed rule involves safety zones lasting the duration of construction that would prohibit entry within a portion of the Patapsco River when the presence of a public safety vessel and a broadcast on VHF Ch 16 are present. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

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. 01.4. 0

2. Add Sec. 165.T05-0783 to read as follows:

Sec. 165.T05-0783 Safety Zone; Patapsco River, Francis Scott Key Bridge. (a) Location. The following areas are safety zones. These coordinates are based on datum NAD 83. (1) The safety zone will cover the following area: All navigable waters of the Patapsco River, encompassed by a line connecting the following four points of the first box 39[deg]13'01.2'' N, 076[deg]31' 50.9 W, 39[deg]12'51.5'' N 76[deg]31'40.7'' W, 39[deg]12'47.8'' N 76[deg]32'08.3'' W, 39[deg]12'38.8'' N 76[deg]31'57.3'' W. All navigable waters of the Patapsco River, encompassed by a line connecting the following four points of the second box 39[deg]13'27.7'' N 76[deg]31'16.5'' W, 39[deg]13'18.7'' N 76[deg]31'05.4'' W, 39[deg]13'09.0'' N 76[deg]31'40.8'' W, 39[deg]12'59.3'' N 76[deg]31'30.6'' 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 [[Page 42867]] 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 of MDTA 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 MDTA, 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, MDTA, or the COTP's designated representative. If a vessel or person is notified by the COTP, MDTA, 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 requesting to transit any of these safety zone areas must first contact the MDTA designated representative, the on-site project manager Marine Band Radio VHF-FM channels 13 and 16. If permission is granted, mariners must proceed at their own risk and strictly observe any and all instructions provided by the COTP, MDTA, 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 Coast Guard East 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 from 12:01 a.m. on October 15, 2025 until 12:01 a.m. on October 15, 2028. Dated: August 29, 2025. Patrick C. Burkett, Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland- National Capital Region. [FR Doc. 2025-17094 Filed 9-4-25; 8:45 am] BILLING CODE 9110-04-P