Safety Zone; M/V DALI Transit of the Elizabeth River, Norfolk Harbor, Thimble Shoal Channel and Chesapeake Bay, Norfolk, VA, 77780-77782 [2024-21774]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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: 
[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 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