Rule2024-21774
Safety Zone; M/V DALI Transit of the Elizabeth River, Norfolk Harbor, Thimble Shoal Channel and Chesapeake Bay, Norfolk, VA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 24, 2024
Effective
September 24, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for a portion of the Elizabeth River, Norfolk Harbor, Thimble Shoal Channel, and the Chesapeake Bay in Norfolk, VA. This action is necessary to protect personnel, vessels, and the marine environment from potential hazards created by the M/V Dali as it departs Norfolk, Va. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Virginia.
Full Text
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<title>Federal Register, Volume 89 Issue 185 (Tuesday, September 24, 2024)</title>
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[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Rules and Regulations]
[Pages 77780-77782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21774]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0871]
RIN 1625-AA00
Safety Zone; M/V DALI Transit of the Elizabeth River, Norfolk
Harbor, Thimble Shoal Channel and Chesapeake Bay, Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
portion of the Elizabeth River, Norfolk Harbor, Thimble Shoal Channel,
and the Chesapeake Bay in Norfolk, VA. This action is necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by the M/V Dali as it departs 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 September 24, 2024, through
September 24, 2024. For the purposes of enforcement, actual notice will
be used from September 19, 2024, until September 24, 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-
2024-0871 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 Justin Strassfield, Sector Virginia, Waterways
Management Division, U.S. Coast Guard, Telephone: 757-668-5580, email:
<a href="/cdn-cgi/l/email-protection#f1a7988396989f9890a69085948386908882b184829296df9c989d"><span class="__cf_email__" data-cfemail="8fd9e6fde8e6e1e6eed8eefbeafdf8eef6fccffafcece8a1e2e6e3">[email protected]</span></a>.
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 allied 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. On June 22,
2024, the M/V Dali transited from the Port of Baltimore to Norfolk, Va.
for repairs. More recently, the Port of Virginia has notified the Coast
Guard that the M/V Dali will depart Virginia. The vessel transit is
taking place with the assistance of multiple tugboats and will be
subject to a safety zone issued by the Captain of the Port (COTP). It
is anticipated that the vessel will depart between September 19, 2024,
and September 24, 2024, but these dates are 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
within Virginia waters.
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 September 19, when the rule must be in
effect to provide for safety in the navigable waters around the M/V
Dali as it departs 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 transit of the M/V Dali.
[[Page 77781]]
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 transit of the M/V Dali will be a safety concern
for anyone within a 500-yard radius of the vessel due to its limited
ability to maneuver. 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 transits through the waters of the COTP Zone,
Sector Virginia.
IV. Discussion of the Rule
This rule establishes a safety zone from September 19, 2024, to
September 24, 2024. The safety zone will cover all navigable waters
within 500 yards of the M/V Dali while in transit within waters of the
COTP Zone, Sector Virginia. 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 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 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, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone while the vessel
departs Norfolk, VA. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would 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 regulatory
flexibility analysis provisions of the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) do not apply to this action.
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-FAIR
(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 500-
yard moving safety zone around a vessel. It is categorically excluded
from further review under paragraph L60(c) of appendix A, table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1.
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;
[[Page 77782]]
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.
0
2. Add Sec. 165.T05-0871 to read as follows:
Sec. 165.T05-0871 Safety Zone; M/V DALI transit of the Elizabeth
River, Norfolk Harbor, Thimble Shoal Channel and Chesapeake Bay,
Norfolk, VA
(a) Location. The following area is a safety zone: All waters of
the Elizabeth River, Norfolk Harbor, Thimble Shoal Channel, and
Chesapeake Bay within 500 yards of the M/V Dali while it is transiting
within Virginia waters.
(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 during the
outbound transit of the M/V Dali from the Port of Norfolk.
Dated: September 18, 2024.
P.M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2024-21774 Filed 9-23-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 24, 2024.
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