Rule2024-07454
Safety Zone; Chesapeake Bay, Approaches to Baltimore Harbor, MD
Primary source
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Published
April 8, 2024
Effective
April 8, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 2000-yard radius of the center span of the Francis Scott Key Bridge, in Baltimore, MD. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with salvage work on the bridge, which partially collapsed when it was hit by the M/V DALI, and on the M/V DALI itself. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Maryland-National Capital Region.
Full Text
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<title>Federal Register, Volume 89 Issue 68 (Monday, April 8, 2024)</title>
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[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Rules and Regulations]
[Pages 24385-24387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07454]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0292]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Approaches to Baltimore Harbor, MD
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 2000-yard radius of the center span of the
Francis Scott Key Bridge, in Baltimore, MD. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards associated with salvage work on the bridge, which
partially collapsed when it was hit by the M/V DALI, and on the M/V
DALI itself. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port, Sector
Maryland-National Capital Region.
DATES: This rule is effective without actual notice from April 8, 2024,
through June 4, 2024. For the purposes of enforcement, actual notice
will be used from April 3, 2024, until April 8, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0292 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 Newkirk, Waterways Management Division, Sector
Maryland-National Capital Region, U.S. Coast Guard; (410) 365-8141,
<a href="/cdn-cgi/l/email-protection#d893b9acbdf695f696bdafb3b1aab398adabbbbff6b5b1b4"><span class="__cf_email__" data-cfemail="ffb49e8b9ad1b2d1b19a8894968d94bf8a8c9c98d1929693">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Maryland-National Capital Region
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
At approximately 2 a.m. local time on March 26, 2024, the Captain
of the Port, Maryland-National Capital Region was notified that a
container ship, the Singapore-flagged M/V DALI, had allided with the
Francis Scott Key Bridge in the Chesapeake Bay, in position latitude
39[deg]13'0.12'' N longitude 076[deg]31'47.27'' W, causing partial
collapse of the bridge. Due to the need for vessel control during a
damage assessment and salvage operation, maritime traffic will be
temporarily restricted to provide for the safety of transiting vessels
and persons conducting salvage work on the bridge and on the ship.
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 the public interest. Immediate action is
needed to respond to the potential safety hazards associated with the
presence of collapsed bridge parts and the M/V DALI, and with the
conduct of damage assessment and salvage operations on the M/V DALI and
the Francis Scott Key bridge that must occur within the Federal
navigation channel. Due to the nature of the event, it is impracticable
to provide notice to ensure the safety of life and property.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard also finds that
good cause
[[Page 24386]]
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 immediate action is needed to
respond to the potential safety hazards associated with damage
assessment and salvage operations of the M/V DALI to be conducted
within the federal channel.
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
damage assessment and salvage operations starting March 26, 2024, will
be a safety concern for anyone within a 2000-yard radius of the center
navigation span of the Francis Scott Key bridge, in Baltimore, MD. 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 repaired.
IV. Discussion of the Rule
This rule establishes a safety zone from April 3, 2024, through
June 4, 2024. The safety zone will cover all navigable waters within
2000 yards of the center navigation span of the Francis Scott Key
Bridge in Baltimore MD. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the damage assessment and salvage operations are being
conducted. 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,
location, and duration of the safety zone. Vessel traffic will not be
able to transit in vicinity of the safety zone, which will impact
vessel traffic required to transit certain navigation channels of the
Chesapeake Bay. The duration of the period during which the safety zone
will be subject to enforcement will be kept to a minimum. If
circumstances which may create a hazard to navigation or to salvage
workers abate before June 4 (as determined by the COTP), the Coast
Guard will provide notice that the safety zone will no longer be
subject to enforcement. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about 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-FIR
(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.
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
[[Page 24387]]
temporary safety zone lasting 14 total days that will prohibit entry
within 2000 yards of the center navigation span of the Francis Scott
Key Bridge. It is categorically excluded from further review under
paragraph L60(d) 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.T05-0263 to read as follows:
Sec. 165.T05-0263 Safety Zone; Chesapeake Bay, Approaches to
Baltimore Harbor, MD.
(a) Location. The following area is a safety zone: All navigable
waters of the Chesapeake Bay, within a 2000-yard radius of the center
span of the Francis Scott Key bridge during damage assessment and
salvage operations.
(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 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 number 410-576-2525 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 subject to enforcement
from April 3, 2024, through June 4, 2024. If, as determined by the
COTP, circumstances which may create a hazard to navigation or to
salvage workers abate before June 4, 2024, the Coast Guard will provide
notice that the safety zone will no longer be subject to enforcement.
Dated: April 3, 2024.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-NCR.
[FR Doc. 2024-07454 Filed 4-5-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 8, 2024.
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