[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Rules and Regulations]
[Pages 53027-53028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13887]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0563]
RIN 1625-AA00


Safety Zone; M/V DALI, Moored in the Elizabeth River, Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
portion of the Elizabeth River while the M/V DALI is moored in the Port 
of Virginia. This action is necessary to protect personnel, vessels, 
and the marine environment from potential hazards created by the 
heavily damaged M/V Dali while it offloads cargo in Norfolk, VA. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port, Sector Virginia.

DATES: This rule is effective from June 21, 2024, through September 20, 
2024. For the purposes of enforcement, actual notice will be used from 
June 21, 2024 until June 25, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0563 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 CDR Patrick Grizzle, Sector Virginia, Prevention 
Department, U.S. Coast Guard, Telephone: 757-668-5580, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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, near the Port of 
Baltimore, causing the bridge to collapse upon it. See 89 FR 24385 
(April 8, 2024) for additional details about the allision. More 
recently, the Maryland Pilots Association, LLC has notified the Coast 
Guard that the M/V Dali will be transiting from the Port of Baltimore 
to Norfolk, VA. for repairs. It is anticipated that the vessel will 
arrive in Virginia waters around June 20, 2024, and that it will reach 
Norfolk on or about June 21, 2024, but these dates are subject to 
change. Given the severe damage to the vessel from the allision a 100-
yard safety zone will be necessary while the vessel is moored at the 
Port of Virginia, in the Elizabeth River.
    The Coast Guard is issuing this temporary 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 public interest. There is insufficient 
time to provide notice of a proposed rule, take and consider comments, 
and publish a final rule before June 21, when the rule must be in 
effect to provide for safety in the navigable waters around the M/V 
Dali as it is moored in the waters subject to this safety zone in 
Norfolk, Virginia.
    Also, 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 because prompt action is needed to 
respond to the dangers associated with the cargo operations on the M/V 
DALI and the overall damage to the vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP, Sector Virginia has determined that potential hazards 
associated with the M/V DALI will be a safety concern for anyone within 
a 100-yard radius of the vessel due to the damage sustained during the 
previous allision. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone while the M/V DALI is moored in the waters within the Port of 
Virginia.

IV. Discussion of the Rule

    This rule establishes a safety zone from June 20, 2024, to 
September 20, 2024. The safety zone will cover a portion of the 
Elizabeth River within 100 yards of the M/V DALI while it is moored in 
Norfolk, VA. The dates of the safety zone were chosen to protect 
personnel, vessels, and the marine environment in the navigable waters 
of the Sector Virginia, COTP Zone while the vessel is moored at the 
Port of Virginia. 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 while the vessel is moored at the Port

[[Page 53028]]

of Virginia. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone, and the rule will 
allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    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 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 100-
yard safety zone around a vessel. 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 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.T05-0563 to read as follows:


Sec.  165.T05-0563   Safety Zone; M/V DALI, Moored in the Elizabeth 
River, Norfolk, VA.

    (a) Location. The following area is a safety zone: All waters of 
the Elizabeth River within 100 yards of the M/V Dali while it is moored 
in the Port of Virginia.
    (b) Definitions. As used in this section, 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 Virginia (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 VHF-FM Channel 16. 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 while the M/V 
Dali is moored at the Port of Virginia between June 21, 2024 and 
September 20, 2024.

    Dated: June 18, 2024.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2024-13887 Filed 6-24-24; 8:45 am]
BILLING CODE 9110-04-P