[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Rules and Regulations]
[Pages 51972-51973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13635]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0547]
RIN 1625-AA00


Safety Zone; M/V Dali, Transit to Maryland/Virginia Line, 
Chesapeake Bay and Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Chesapeake Bay and Patapsco River to provide for 
the safety of life on these navigable waters during the movement of the 
M/V Dali from the Port of Baltimore to Norfolk Va. M/V Dali is expected 
to leave Baltimore at 10 a.m. on June 20, 2024, and arrive at the 
Maryland/Virginia state line about 10 p.m. June 20, 2024. This 
rulemaking 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 June 20 to June 21, 2024. For the 
purposes of enforcement, actual notice will be used on June 20.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0547 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 M. Newkirk, Sector Maryland-NCR, Waterways 
Management Division, U.S. Coast Guard: telephone (410) 576-2596, 
[email protected].

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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 26, 2024, the M/V Dali lost propulsion and allided with 
the Francis Scott Key Bridge in the Chesapeake Bay causing the bridge 
to collapse upon it. See 89 FR 24385 (April 8, 2024) for additional 
details about the allision. On, June 12 2024, Maryland Pilots 
Association, LLC notified the Coast Guard that the M/V Dali will be 
transiting from the Port of Baltimore to Norfolk, Va. for repairs. The 
vessel transit is taking place with the assistance of multiple 
tugboats. The current estimated date of arrival in Norfolk is June 21, 
2024, but it is subject to change. Given both the damage to the vessel 
from the allision, and the vessel's mechanical history, including the 
loss of propulsion which led to the allision, a 500-yard safety zone 
will be enforced during the transit from Baltimore Md. to the Maryland/
Virginia state line, where it is anticipated that the vessel will be 
subject to another safety zone issued by the Captain of the Port (COTP) 
of Sector Virginia.
    The Coast Guard is issuing this temporary final rule under 
authority in 5 U.S.C. 553(b)(B). This statutory 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.'' 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. There is 
insufficient time to provide notice of a proposed rule, take and 
consider comments, and publish a final rule before June 20, when the 
rule must be in effect to provide for safety in the navigable waters 
around the M/V Dali as it transits to Virginia.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. It is impracticable and contrary 
to the public interest to delay the effective date of this rule because 
the safety zone must be effective by June 20, 2024, to protect vessels 
and persons from the dangers associated with the M/V Dali as it 
transits a busy waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that potential hazards associated with 
the transit of M/V Dali resulting from its limited ability to maneuver 
will be a safety concern for any vessel transiting the navigation 
channels of the Chesapeake Bay and the Patapsco River that might meet, 
pass, or overtake the M/V Dali. The purpose of this rule is to protect 
personnel, vessels, and the marine environment in the navigable waters 
around the M/V Dali during its transit to the Norfolk, Va.

IV. Discussion of the Rule

    This rule establishes a safety zone during the transit of the M/V 
Dali. It is currently anticipated that the M/V Dali will arrive in 
Norfolk Va. on June 21, 2024. The transit to the Maryland/Virginia 
state line is expected to last approximately 12 hours.
    The safety zone covers all navigable waters of the Chesapeake Bay 
and Patapsco River within 500 yards of the M/V Dali while it is 
transiting between the Seagirt Marine Terminal, in Baltimore, Md., and 
the Maryland/Virginia State line. The duration of the zone is intended 
to ensure the safety of vessels and these navigable waters before, 
during, and after the scheduled transit. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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 subject to review by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size and 
duration of the safety zone, which is only anticipated to impact only 
vessel traffic required to transit certain navigation channels of the 
Chesapeake Bay and the Patapsco River for a total of no more than 12 
enforcement-hours. Although these waterways support both commercial and 
recreational vessel traffic, the downriver portions of the waterway 
will be reopened as the M/V Dali transits southward in the Chesapeake 
Bay and

[[Page 51973]]

up the Patapsco River. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone.

B. Regulatory Flexibility Act

    Because the Coast Guard has determined that this final rule is 
exempt from notice and comment rulemaking requirements, the provisions 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply 
to this action.

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 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 
rule involves a safety zone lasting 14 enforcement hours that would 
prohibit entry within certain navigable waters of the Chesapeake Bay 
and Patapsco River. 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 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 is 
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
2. Add Sec.  165.T05-0547 to read as follows:


Sec.  165.T05-0547  Safety Zone; M/V Dali, Transit Operation, 
Chesapeake Bay and Patapsco River, Baltimore, MD.

    (a) Location. The following area is a safety zone: All waters of 
the Chesapeake Bay and Patapsco River within 500 yards of the M/V Dali 
while it is transiting between Seagirt Marine Terminal, Baltimore Md., 
and the Maryland/Virginia state line.
    (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 a Coast Guard Patrol Commander, 
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.
    (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 at 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. This section will be enforced during 
inbound transit of the M/V Dali to the Port of Norfolk.

    Dated: June 17, 2024.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-NCR.
[FR Doc. 2024-13635 Filed 6-20-24; 8:45 am]
BILLING CODE 9110-04-P