Rule2024-13635
Safety Zone; M/V Dali, Transit to Maryland/Virginia Line, Chesapeake Bay and Patapsco River, Baltimore, MD
Primary source
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Published
June 21, 2024
Effective
June 21, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 120 (Friday, June 21, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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,
<a href="/cdn-cgi/l/email-protection#9fd4feebfab1d2b1d1fae8f4f6edf4dfeaecfcf8b1f2f6f3"><span class="__cf_email__" data-cfemail="62290316074c2f4c2c0715090b100922171101054c0f0b0e">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on June 21, 2024.
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