Safety Zone; Chesapeake Bay, Approaches to Baltimore Harbor, MD

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Part 165</CFR> <DEPDOC>[Docket Number USCG-2024-0292]</DEPDOC> <RIN>RIN 1625-AA00</RIN> <SUBJECT>Safety Zone; Chesapeake Bay, Approaches to Baltimore Harbor, MD</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, Department of Homeland Security (DHS). <HD SOURCE="HED">ACTION:</HD> Temporary final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> 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. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> To view documents mentioned in this preamble as being available in the docket, go to <E T="03">https://www.regulations.gov,</E> type USCG-2024-0292 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.” <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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, <E T="03">Kate.M.Newkirk@uscg.mil.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Table of Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">COTP Captain of the Port, Sector Maryland-National Capital Region</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">II. Background Information and Regulatory History</HD> 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°13′0.12″ N longitude 076°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 exists for making this rule effective less than 30 days after publication in the <E T="04">Federal Register</E> . 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. <HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD> 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. <HD SOURCE="HD1">IV. Discussion of the Rule</HD> 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. <HD SOURCE="HD1">V. Regulatory Analyses</HD> 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. <HD SOURCE="HD2">A. Regulatory Planning and Review</HD> 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. <HD SOURCE="HD2">B. Impact on Small Entities</HD> 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> 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. <HD SOURCE="HD2">C. Collection of Information</HD> This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). <HD SOURCE="HD2">D. Federalism and Indian Tribal Governments</HD> 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 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 15k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━