9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0563]
RIN 1625-AA00
Safety Zone; M/V DALI, Moored in the Elizabeth River, Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for a portion of
the Elizabeth River while the M/V DALI is moored in the Port of Virginia. This action is
necessary to protect personnel, vessels, and the marine environment from potential
hazards created by the heavily damaged M/V Dali while it offloads cargo in 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 June 21, 2024, through September 20, 2024. For the
purposes of enforcement, actual notice will be used from June 21, 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-2024-0563 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 CDR Patrick Grizzle, Sector Virginia, Prevention Department, U.S.
Coast Guard, Telephone: 757-668-5580, email: VirginiaWaterways@uscg.mil .

SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
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, 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. More recently, the Maryland Pilots Association, LLC has notified the Coast
Guard that the M/V Dali will be transiting from the Port of Baltimore to Norfolk, VA. for
repairs. It is anticipated that the vessel will arrive in Virginia waters around June 20,
2024, and that it will reach Norfolk on or about June 21, 2024, but these dates are subject
to change. Given the severe damage to the vessel from the allision a 100-yard safety
zone will be necessary while the vessel is moored at the Port of Virginia, in the Elizabeth
River.
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 June 21, when the rule
must be in effect to provide for safety in the navigable waters around the M/V Dali as it is
moored in the waters subject to this safety zone in 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 cargo operations on the M/V DALI
and the overall damage to the vessel.
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 M/V
DALI will be a safety concern for anyone within a 100-yard radius of the vessel due to
the damage sustained during the previous allision. 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 is moored in the waters within the Port of Virginia.
IV. Discussion of the Rule
This rule establishes a safety zone from June 20, 2024, to September 20, 2024.
The safety zone will cover a portion of the Elizabeth River within 100 yards of the M/V
DALI while it is moored in Norfolk, VA. 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 while the vessel is moored at the Port of Virginia. 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 and location of the safety
zone. Vessel traffic will be able to safely transit around this safety zone while the vessel
is moored at the Port of Virginia. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule will
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 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
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
100-yard safety zone around a vessel. It is 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 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, 70124; 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.
2. Add § 165.T05-0563 to read as follows:
§ 165.T05-0563 Safety Zone; M/V DALI, Moored in the Elizabeth River, Norfolk,
VA
(a) Location. The following area is a safety zone: All waters of the Elizabeth
River within 100 yards of the M/V Dali while it is moored in the Port of Virginia.
(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 while the M/V Dali is
moored at the Port of Virginia between June 21, 2024 and September 20, 2024.

Dated: June 18, 2024.

J. A. Stockwell
Captain, U.S. Coast Guard,
Captain of the Port, Sector Virginia
[FR Doc. 2024-13887 Filed: 6/24/2024 8:45 am; Publication Date: 6/25/2024]