9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0497]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Approaches to Baltimore Harbor, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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 [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER], through June 30, 2024. For the
purposes of enforcement, actual notice will be used from June 4, 2024, until [INSERT
DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0497 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
rulemaking, call, or email LCDR Kate Newkirk, Waterways Management Division,

Sector Maryland-National Capital Region, U.S. Coast Guard; (410) 365-8141,
Kate.M.Newkirk@uscg.mil
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
COTP
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Captain of the Port
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
At approximately 2 a.m. local time on March 26, 2024, the COTP, MarylandNational 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 has been restricted by temporary rules to provide for the safety
of transiting vessels. This rule continues these restrictions put in place by the prior
temporary rule which is expiring.
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 damage assessment and salvage operations of 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 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 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 June 04, 2024, through June 30, 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 for a total of no more than 14 days. 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
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
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. 01.2.
2. Add § 165.T05-0263 to read as follows:
§ 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
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 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 enforced from June 4, 2024,
through June 30, 2024.

Dated: June 4, 2024.

David E. O’Connell,
Captain, U.S. Coast Guard,
Captain of the Port Sector Maryland-NCR.

[FR Doc. 2024-12619 Filed: 6/7/2024 8:45 am; Publication Date: 6/10/2024]