Safety Zones; Hampton Roads Bridge-Tunnel Expansion Project, Hampton/Norfolk, VA, 51612-51616 [2021-20006]
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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
2. Revise § 2.28(a) to read as follows:
§ 2.28
Reopening of cases.
(a) Favorable information or
information supporting medical parole
or compassionate release. Upon the
receipt of new information of
substantial significance favorable to the
prisoner, including medical
information, or other extraordinary and
compelling information, a
Commissioner may reopen a case
(including an original jurisdiction case),
and order a special reconsideration
hearing on the next available docket, or
modify the previous decision. The
advancement of a presumptive release
date or a decision to continue to a 15year reconsideration hearing requires
the concurrence of two Commissioners.
*
*
*
*
*
Patricia K. Cushwa,
Chairman (Acting), U.S. Parole Commission.
[FR Doc. 2021–19917 Filed 9–15–21; 8:45 am]
BILLING CODE 4410–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0117]
RIN 1625–AA00
Safety Zones; Hampton Roads BridgeTunnel Expansion Project, Hampton/
Norfolk, VA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing safety zones for certain
waters of the Hampton Flats,
Willoughby Bay, a defined area between
Phoebus Channel and the North Trestle
Bridge, and 3 zones around the North
Trestle Bridge including the North
Island, the South Trestle Bridge
including the South Island, and the
north and south side of the Willoughby
Bay Bridge. This action is necessary to
provide for the safety of life on these
navigable waters in support of the
Hampton Roads Bridge-Tunnel
Expansion Project that will take place
from 2021 through 2025. This rule
prohibits persons and vessels from
being in the safety zones unless
authorized by the Captain of the Port
Sector Virginia or a designated
representative or under conditions
specified in this rule.
DATES: This rule is effective without
actual notice September 16, 2021,
SUMMARY:
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though December 25, 2025. For the
purposes of enforcement, actual notice
will be used from September 10, 2021,
until September 16, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0117 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 on this rule, call or
email LCDR Ashley Holm, Waterways
Management Division Chief, Sector
Virginia, U.S. Coast Guard; telephone
757–668–5580, email Ashley.E.Holm@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP U.S. Coast Guard Captain of the Port
DHS Department of Homeland Security
FR Federal Register
HRBT Hampton Roads Bridge-Tunnel
HRCP Hampton Roads Connector Partners
NPRM Notice of proposed rulemaking
NSRA Navigation Safety Risk Assessment
§ Section
U.S.C. United States Code
USCG United States Coast Guard
USACE United States Army Corps of
Engineers
II. Background Information and
Regulatory History
In April 2019, the Virginia
Department of Transportation (VDOT)
awarded the design and construction of
the Hampton Roads Bridge-Tunnel
(HRBT) Expansion Project to the
Hampton Roads Connector Partners
(HRCP), as the Design-Build contactor.
The HRBT Expansion Project is a major
road transport infrastructure project that
will create an 8-lane facility with 6
consistent use lanes along 9.9 miles of
Interstate 64 (I–64), from Settler’s
Landing Interchange in Hampton,
Virginia, to the Interstate 564 (I–564)
interchange in Norfolk, Virginia. To
better understand the waterways impact
from the project, the USCG and U.S.
Army Corps of Engineers (USACE)
recommended the submission of a
formal Navigation Safety Risk
Assessment (NSRA) and Tunnel
Construction Plan (TCP) prior to any
permit or approval action by the U.S.
Army Corps of Engineers.1 The NSRA
identified three key objectives for
consideration. The first included
1 See Memorandum of Agreement between the
United States Army Corps of Engineers and the
United States Coast Guard, dated June 2, 2000
(available at: https://usace.contentdm.oclc.org/utils/
getfile/collection/p16021coll11/id/2518).
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potential impacts to current and
forecasted vessel traffic directly related
to the bridge and tunnel construction
including all on-water operations and
staging areas. The second aimed to
identify the best/least disruptive times
to schedule movement of constructionrelated vessels. Finally, it identified the
measures necessary for implementation
in order to minimize potential hazards
to navigation. On-water construction
activities are expected to last
approximately 5 years (2021–2025). In
support of construction efforts, multiple
surface craft will be necessary on-site,
transiting to and from, as well as prestaged, to ensure continued operations
are maintained. The increase in
waterborne traffic in the vicinity of
construction areas and staging areas will
introduce hazards to waterways users
prior to and throughout the duration of
the construction project. Specific
hazards during the construction project
include the proximity of dozens of
construction-related vessels in the
bridge area and fleeting areas, including
material barges and construction
equipment barges. In addition,
construction of navigable spans by this
equipment, as well as construction
lighting and loud construction activity
noises will make normal passage
through the bridge areas unsafe except
in areas specifically established as safe
transit corridors by the project
contractors, HRCP. The Sector Virginia
Captain of the Port (COTP) has
determined that these potential hazards
associated with the HRBT Expansion
Project will be a safety concern for
anyone transiting in the vicinity of onwater construction activities related to
the project. To discuss these safety
concerns, representatives of the HRCP
along with the COTP’s staff conducted
a series of outreach meetings. These
meetings covered the HRBT Expansion
Project and the notional safety zones
that would mitigate the hazards
discussed above. Due to the COVID–19
pandemic, those outreach meetings
were conducted virtually on May 5th,
6th, and 7th, 2020. They were
announced beforehand by a marine
safety information bulletin 2 issued by
the COTP, which is distributed to over
1,000 subscribed maritime stakeholders
by email, along with direct email
notification to community organizations
in the coastal areas of the cities of
Norfolk and Hampton, Virginia, which
are the two cities in the immediate area
of the construction activity. Twenty-six
2 See USCG Sector Virginia Marine Safety
Information Bulletin #20–113 (available at https://
content.govdelivery.com/accounts/USDHSCG/
bulletins/289cb80).
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individuals in addition to Coast Guard
personnel participated in the meetings.
The feedback received was consistent
that the HRBT Expansion Project would
create hazards to navigation for
recreational vessels and that the
suggested safety zones would help
mitigate the risks. Additionally,
community members expressed support
that HRCP would have the ability to
designate safe transit corridors through
the South Trestle Bridge and
Willoughby Bay Bridge to ensure that
coastal property owners could still
access the waters of Hampton Roads and
southern Chesapeake Bay during the
duration of the construction project. The
text of the regulation has been drafted
to incorporate feedback from these
sessions.
On August 5, 2021, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety
Zones; Hampton Roads Bridge-Tunnel
Expansion Project,’’ 86 FR 42758. There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this project.
During the comment period that ended
September 7, 2021, we received no
comments.
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 and
contrary to the public interest.
Immediate action is needed to respond
to the potential safety hazards
associated with the HRBT construction
project.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Virginia (COTP) has
determined that potential hazards
associated with the Hampton Roads
Bridge Tunnel Project beginning in
summer 2021 will be a safety concern
for anyone operating within the vicinity
of the construction related activity. The
purpose of this rule is to ensure safety
of vessels operating in the vicinity of all
construction related activity in support
of the HRBT and the navigable waters in
the safety zone for the duration of the
project.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 7, 2021. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
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This rule establishes multiple safety
zones to promote safety to waterways
users during the HRBT Expansion
Project. The Coast Guard currently
anticipates the need for 6 safety zones.
The safety zones will be used to
accommodate pre-staged waterborne
equipment and establish buffer zones
around two marine staging areas, one
safe harbor in case of anticipated severe
weather, and the marine construction
work sites expected in the vicinity of
the North Trestle Bridge and North
Island, South Trestle Bridge and South
Island and the north and south side of
the Willoughby Bay Bridge.
The first safety zone (Zone 1:
Hampton Flats Mooring Area) is being
established in the Hampton Flats
covering a mooring/staging area to
accommodate 6 barges. Specifically, the
first safety zone covers all waters of the
Hampton Flats, from surface to bottom,
encompassed by a line connecting the
following points beginning at
36°59′40.41″ N, 76°22′10.66″ W, thence
to 37°00′01.84″ N, 76°21′01.69″ W,
thence to 36°59′52.62″ N, 76°20′57.23″
W, thence to 36°59′31.19″ N,
76°22′06.20″ W, and back to the
beginning point. The Hampton Flats
Mooring Area will provide critical
staging capability necessary to the
project. Once the HRCP begins the
installation of mooring buoys within the
mooring area, the public will be
restricted entry or mooring within the
safety zone. Mariners will be required to
observe lighted marker buoys along the
perimeter and at each of the corners
marking the safety zone. In the event of
inclement weather, this mooring/staging
area will not be able to be used for safe
refuge.
The second safety zone (Zone 2:
Phoebus Safe Harbor Area) is being
established as a safe harbor area
between Phoebus Channel and the
North Trestle Bridge in the event of
anticipated severe weather. Specifically,
it covers all waters west of the Phoebus
Channel, from surface to bottom,
encompassed by a line connecting the
following points beginning at
37°00′34.26″ N, 76°19′10.58″ W, thence
to 37°00′23.97″ N, 76°19′06.16″ W,
thence to 37°00′22.52″ N, 76°19′11.41″
W, thence to 37°00′32.81″ N,
76°19′15.81″ W, and back to the
beginning point. While this rule is
effective, no vessel or person would be
permitted to anchor within the safety
zone during announced enforcement
periods without first obtaining
permission from the COTP or
designated representative. Such
announcements will be made by Sector
Virginia Broadcast Notice to Mariners
and broadcasts on VHF–FM radio.
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During enforcement periods, mariners
will be required to observe lighted
marker buoys along the perimeter and at
each of the corners marking the safety
zone.
The third safety zone (Zone 3:
Willoughby Safe Harbor/Mooring Area)
is being established as a mooring area/
safe harbor area in Willoughby Bay.
Specifically, it covers all waters of
Willoughby Bay, from surface to bottom,
encompassed by a line connecting the
following five points beginning at
36°57′48.68″ N, 76°17′08.20″ W, thence
to 36°57′44.84″ N, 76°16′44.48″ W,
thence to 36°57′35.31″ N, 76°16′42.80″
W, thence to 36°57′28.78″ N,
76°16′51.75″ W, thence to 36°57′33.17″
N, 76°17′19.43″ W, and back to the
beginning point. Once the HRCP begins
the installation of mooring buoys within
the mooring area, the public will be
restricted entry or mooring within the
safety zone unless permission from the
COTP, HRCP, or their designated
representative is granted on a case-bycase basis. Mariners will be required to
observe lighted marker buoys along the
perimeter and at each of the corners
marking the safety zone.
The fourth safety zone (Zone 4: North
Trestle Bridge and North Island) is being
established from surface to bottom for
the safety of waterways users in the
vicinity of ongoing construction activity
on the east and west sides of the
Hampton Roads Bridge-Tunnel’s north
bridge trestle and North Island. No
vessel or person at any time will be
permitted within the fixed safety zone,
300 feet from the east or west side of the
North Trestle Bridge or the North Island.
All mariners attempting to enter or
depart the Hampton Creek Approach
Channel or the Phoebus Channel in the
vicinity of the North Island will be
required to proceed with extreme
caution and maintain a safe distance
from construction equipment. Passing
arrangements, if necessary, will be
allowed to be requested from the on-site
foreman via VHF Channel 13 and 16 at
any time.
The fifth safety zone (Zone 5: South
Trestle Bridge and South Island) is
being established, from surface to
bottom, 300 feet from the east or west
side of the South Trestle Bridge or the
South Island. This zone is needed for
the safety of waterways users in the
vicinity of ongoing construction activity
on the east and west sides of the
Hampton Roads Bridge-Tunnel’s south
bridge trestle and South Island. No
vessel or person at any time will be
permitted within the fixed safety zone
without permission of the COTP or
HRCP, or their designated
representatives. HRCP may establish
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and post visual identification of safe
transit corridors that vessels may use to
freely proceed through the safety zone.
All mariners attempting to enter or
depart the Willoughby Bay Approach
Channel in the vicinity of the South
Island will be required to proceed with
extreme caution and maintain a safe
distance from construction equipment.
The sixth safety zone (Zone 6:
Willoughby Bay Bridge) is being
established, from surface to bottom,
within 50 feet of the north side and 300
feet of the south side of the Willoughby
Bay Bridge. This safety zone is needed
for the safety of waterways users in the
vicinity of ongoing construction activity
on the north and south sides of the
Willoughby Bay Bridge. No vessel or
person may enter or remain in the safety
zone without permission of the COTP,
HRCP, or designated representative,
except that vessels are allowed to transit
through marked safe transit corridors
that HRCP shall establish for the
purpose of providing navigation access
for residents located north of the
Willoughby Bay Bridge through the
safety zone. All mariners attempting to
enter or depart residences or
commercial facilities north of the
Willoughby Bay Bridge through the safe
transit corridors or other areas of the
safety zone when granted permission
shall proceed with caution and maintain
a safe distance from construction
equipment. Mariners requesting to
transit through other areas of the safety
zone may do so at any time by
contacting the on-site foreman via VHF
Channel 13 and 16.
The regulatory text appears at the end
of this document.
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB).
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This regulatory action determination
is based on a comprehensive marine
traffic survey conducted for all current
and forecasted vessel traffic in the
vicinity of the HRBT Expansion Project.
The survey was used to inform
mitigation strategies, minimize
disruptions to navigation, reduce risks
of marine casualties and determine the
size, location, duration and time-of-day
of the recommended safety zones.
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 received no comments
from the Small Business Administration
on this rulemaking. 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–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.
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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 6 safety
zones that will be activated for the
duration of the HRBT Expansion
Project. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
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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.
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 § 165.519 to read as follows:
§ 165.519 Safety Zones; Hampton Roads
Bridge-Tunnel Expansion Project, Hampton/
Norfolk, VA.
(a) 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. The
term also includes an employee or
contractor of Hampton Roads Connector
Partners (HRCP) for the sole purposes of
designating and establishing safe transit
corridors, to permit passage into or
through these safety zones, or to notify
vessels and individuals that they have
entered a safety zone and are required
to leave.
(b) Locations and zone-specific
requirements—(1) Zone 1, Hampton
Flats Mooring Area—(i) Location. All
waters of the Hampton Flats, from
surface to bottom, encompassed by a
line connecting the following points
beginning at 36°59′40.41″ N,
76°22′10.66″ W, thence to 37°00′01.84″
N, 76°21′01.69″ W, thence to
36°59′52.62″ N, 76°20′57.23″ W, thence
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to 36°59′31.19″ N, 76°22′06.20″ W, and
back to the beginning point.
(ii) Requirements. No vessel or person
may enter or remain in the safety zone
without permission of the COTP, HRCP,
or designated representative. Mariners
must observe lighted marker buoys
along the perimeter and at each of the
corners marking the safety zone.
(2) Zone 2, Phoebus Safe Harbor
Area—(i) Location. All waters west of
the Phoebus Channel, from surface to
bottom, encompassed by a line
connecting the following points
beginning at 37°00′34.26″ N,
76°19′10.58″ W, thence to 37°00′23.97″
N, 76°19′06.16″ W, thence to
37°00′22.52″ N, 76°19′11.41″ W, thence
to 37°00′32.81″ N, 76°19′15.81″ W, and
back to the beginning point.
(ii) Requirements. No vessel or person
may enter or remain in the safety zone
during announced enforcement periods
without permission of the COTP, HRCP,
or designated representative. Such
enforcement periods will be announced
by Sector Virginia Broadcast Notice to
Mariners and broadcasts on VHF–FM
radio. During enforcement periods,
mariners shall observe lighted marker
buoys along the perimeter and at each
of the corners marking the safety zone.
(3) Zone 3, Willoughby Bay Mooring
Area—(i) Location. All waters of
Willoughby Bay, from surface to bottom,
in the area encompassed by a line
connecting the following points
beginning at 36°57′48.68″ N,
76°17′08.20″ W, thence to 36°57′44.84″
N, 76°16′44.48″ W, thence to
36°57′35.31″ N, 76°16′42.80″ W, thence
to 36°57′28.78″ N, 76°16′51.75″ W,
thence to 36°57′33.17″ N, 76°17′19.43″
W, and back to the beginning point.
(ii) Requirements. No vessel or person
may enter or remain in the safety zone
without permission of the COTP, HRCP,
or designated representative. Mariners
must observe lighted marker buoys
along the perimeter and at each of the
corners marking the safety zone.
(4) Zone 4, North Highway Bridge
Trestle and North Island—(i) Location.
All waters, from surface to bottom,
located within 300 feet of the east or
west side of the Hampton Roads BridgeTunnel’s north highway bridge trestle,
including North Island, to the shore of
the City of Hampton. No vessel or
person may enter or remain in the safety
zone without permission of the COTP,
HRCP, or designated representative.
(ii) Requirements. All mariners
attempting to enter or depart the
Hampton Creek Approach Channel or
the Phoebus Channel in the vicinity of
the North Island must proceed with
extreme caution and maintain a safe
distance from construction equipment.
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(5) Zone 5, South Highway Bridge
Trestle and South Island—(i) Location.
All waters, from surface to bottom,
located within 300 feet from the east or
west side of the Hampton Roads BridgeTunnel’s south highway bridge trestle,
including South Island, to the shore of
the City of Norfolk.
(ii) Requirements. No vessel or person
may enter or remain in the safety zone
without permission of the COTP, HRCP,
or designated representative. HRCP may
establish and post visual identification
of safe transit corridors that vessels may
use to freely proceed through the safety
zone. All mariners attempting to enter
or depart the Willoughby Bay Approach
Channel in the vicinity of the South
Island shall proceed with extreme
caution and maintain a safe distance
from construction equipment.
(6) Zone 6, Willoughby Bay Bridge—
(i) Location. All waters, from surface to
bottom, located along the Willoughby
Bay Bridge highway trestle and
extending 50 feet to the north side of the
bridge and 300 feet to the south side of
the bridge along the length of the
highway trestle, from shore to shore
within the City of Norfolk.
(ii) Requirements. No vessel or person
may enter or remain in the safety zone
without permission of the COTP, HRCP,
or designated representative, except that
vessels are allowed to transit through
marked safe transit corridors that HRCP
shall establish for the purpose of
providing navigation access for
residents located north of the
Willoughby Bay Bridge through the
safety zone. All mariners attempting to
enter or depart residences or
commercial facilities north of the
Willoughby Bay Bridge through the safe
transit corridors or other areas of the
safety zone when granted permission
shall proceed with caution and maintain
a safe distance from construction
equipment.
(c) General requirements. (1) Under
the general safety zone regulations in
subpart C of this part, no vessel or
person may enter or remain in any
safety zone described in paragraph (b) of
this section unless authorized by the
COTP, HRCP, or designated
representative. If a vessel or person is
notified by the COTP, HRCP, or
designated representative that they have
entered one of these safety zones
without permission, they are required to
immediately leave in a safe manner
following the directions given.
(2) Mariners requesting to transit any
of these safety zones must first contact
the HRCP designated representative, the
on-site foreman, via VHF–FM channels
13 and 16. If permission is granted,
mariners must proceed at their own risk
E:\FR\FM\16SER1.SGM
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51616
Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
and strictly observe any and all
instructions provided by the COTP,
HRCP, or designated representative to
the mariner regarding the conditions of
entry to and exit from any location
within the fixed safety zones.
(d) Enforcement. The Sector Virginia
COTP may enforce the regulations in
this section and may be assisted by any
Federal, state, county, or municipal law
enforcement agency.
Dated: September 10, 2021.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the
Port Virginia.
[FR Doc. 2021–20006 Filed 9–15–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2020–0513; FRL–8320–01–
OCSPP] RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (21–1.B)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is issuing significant new
use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
chemical substances which were the
subject of premanufacture notices
(PMNs). This action requires persons to
notify EPA at least 90 days before
commencing manufacture (defined by
statute to include import) or processing
of any of these chemical substances for
an activity that is designated as a
significant new use by this rule. This
action further requires that persons not
commence manufacture or processing
for the significant new use until they
have submitted a Significant New Use
Notice (SNUN), EPA has conducted a
review of the notice, made an
appropriate determination on the notice,
and has taken any risk management
actions as are required as a result of that
determination.
DATES: This rule is effective on
November 15, 2021. For purposes of
judicial review, this rule shall be
promulgated at 1 p.m. (E.S.T.) on
September 30, 2021.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
William Wysong, New Chemicals
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
SUMMARY:
VerDate Sep<11>2014
16:05 Sep 15, 2021
Jkt 253001
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–4163;
email address: wysong.william@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or use the chemical substances
contained in this rule. The following list
of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Manufacturers or processors of one
or more subject chemical substances
(NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum
refineries.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA, which would
include the SNUR requirements.
Chemical importers are subject to the
TSCA section 13 (15 U.S.C. 2612)
import provisions. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. In
addition, pursuant to 40 CFR 721.20,
any persons who export or intend to
export a chemical substance that is the
subject of this rule are subject to the
export notification provisions of TSCA
section 12(b) (15 U.S.C. 2611(b)), and
must comply with the export
notification requirements in 40 CFR part
707, subpart D.
B. How can I access the docket?
The docket includes information
considered by the Agency in developing
the proposed and final rules. The docket
for this action, identified by docket
identification (ID) number EPA–HQ–
OPPT–2020–0513, is available at
https://www.regulations.gov and at the
Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
Due to the public health emergency,
the EPA Docket Center (EPA/DC) and
Reading Room is closed to visitors with
limited exceptions. The staff continues
to provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
II. Background
A. What action is the Agency taking?
EPA is finalizing SNURs under TSCA
section 5(a)(2) for chemical substances
which were the subject of PMNs P–18–
175 and P–19–38. These SNURs require
persons who intend to manufacture or
process any of these chemical
substances for an activity that is
designated as a significant new use to
notify EPA at least 90 days before
commencing that activity.
Previously, in the Federal Register of
November 16, 2020 (85 FR 73007) (FRL–
10016–39), EPA proposed SNURs for
these chemical substances. More
information on the specific chemical
substances subject to this final rule can
be found in the Federal Register
document proposing the SNURs. The
docket includes information considered
by the Agency in developing the
proposed and final rules, including
public comments and EPA’s responses
to the public comments received on the
proposed rules, as described in Unit IV.
B. What is the Agency’s authority for
taking this action?
TSCA section 5(a)(2) (15 U.S.C.
2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a
‘‘significant new use.’’ EPA must make
this determination by rule after
considering all relevant factors,
including the four TSCA section 5(a)(2)
factors listed in Unit III.
C. Do the SNUR general provisions
apply?
General provisions for SNURs appear
in 40 CFR part 721, subpart A. These
provisions describe persons subject to
the rule, recordkeeping requirements,
exemptions to reporting requirements,
and applicability of the rule to uses
occurring before the effective date of the
rule. Provisions relating to user fees
appear at 40 CFR part 700. Pursuant to
40 CFR 721.1(c), persons subject to
these SNURs must comply with the
same SNUN requirements and EPA
regulatory procedures as submitters of
E:\FR\FM\16SER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51612-51616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20006]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0117]
RIN 1625-AA00
Safety Zones; Hampton Roads Bridge-Tunnel Expansion Project,
Hampton/Norfolk, VA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing safety zones for certain
waters of the Hampton Flats, Willoughby Bay, a defined area between
Phoebus Channel and the North Trestle Bridge, and 3 zones around the
North Trestle Bridge including the North Island, the South Trestle
Bridge including the South Island, and the north and south side of the
Willoughby Bay Bridge. This action is necessary to provide for the
safety of life on these navigable waters in support of the Hampton
Roads Bridge-Tunnel Expansion Project that will take place from 2021
through 2025. This rule prohibits persons and vessels from being in the
safety zones unless authorized by the Captain of the Port Sector
Virginia or a designated representative or under conditions specified
in this rule.
DATES: This rule is effective without actual notice September 16, 2021,
though December 25, 2025. For the purposes of enforcement, actual
notice will be used from September 10, 2021, until September 16, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0117 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 on this rule,
call or email LCDR Ashley Holm, Waterways Management Division Chief,
Sector Virginia, U.S. Coast Guard; telephone 757-668-5580, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP U.S. Coast Guard Captain of the Port
DHS Department of Homeland Security
FR Federal Register
HRBT Hampton Roads Bridge-Tunnel
HRCP Hampton Roads Connector Partners
NPRM Notice of proposed rulemaking
NSRA Navigation Safety Risk Assessment
Sec. Section
U.S.C. United States Code
USCG United States Coast Guard
USACE United States Army Corps of Engineers
II. Background Information and Regulatory History
In April 2019, the Virginia Department of Transportation (VDOT)
awarded the design and construction of the Hampton Roads Bridge-Tunnel
(HRBT) Expansion Project to the Hampton Roads Connector Partners
(HRCP), as the Design-Build contactor. The HRBT Expansion Project is a
major road transport infrastructure project that will create an 8-lane
facility with 6 consistent use lanes along 9.9 miles of Interstate 64
(I-64), from Settler's Landing Interchange in Hampton, Virginia, to the
Interstate 564 (I-564) interchange in Norfolk, Virginia. To better
understand the waterways impact from the project, the USCG and U.S.
Army Corps of Engineers (USACE) recommended the submission of a formal
Navigation Safety Risk Assessment (NSRA) and Tunnel Construction Plan
(TCP) prior to any permit or approval action by the U.S. Army Corps of
Engineers.\1\ The NSRA identified three key objectives for
consideration. The first included potential impacts to current and
forecasted vessel traffic directly related to the bridge and tunnel
construction including all on-water operations and staging areas. The
second aimed to identify the best/least disruptive times to schedule
movement of construction-related vessels. Finally, it identified the
measures necessary for implementation in order to minimize potential
hazards to navigation. On-water construction activities are expected to
last approximately 5 years (2021-2025). In support of construction
efforts, multiple surface craft will be necessary on-site, transiting
to and from, as well as pre-staged, to ensure continued operations are
maintained. The increase in waterborne traffic in the vicinity of
construction areas and staging areas will introduce hazards to
waterways users prior to and throughout the duration of the
construction project. Specific hazards during the construction project
include the proximity of dozens of construction-related vessels in the
bridge area and fleeting areas, including material barges and
construction equipment barges. In addition, construction of navigable
spans by this equipment, as well as construction lighting and loud
construction activity noises will make normal passage through the
bridge areas unsafe except in areas specifically established as safe
transit corridors by the project contractors, HRCP. The Sector Virginia
Captain of the Port (COTP) has determined that these potential hazards
associated with the HRBT Expansion Project will be a safety concern for
anyone transiting in the vicinity of on-water construction activities
related to the project. To discuss these safety concerns,
representatives of the HRCP along with the COTP's staff conducted a
series of outreach meetings. These meetings covered the HRBT Expansion
Project and the notional safety zones that would mitigate the hazards
discussed above. Due to the COVID-19 pandemic, those outreach meetings
were conducted virtually on May 5th, 6th, and 7th, 2020. They were
announced beforehand by a marine safety information bulletin \2\ issued
by the COTP, which is distributed to over 1,000 subscribed maritime
stakeholders by email, along with direct email notification to
community organizations in the coastal areas of the cities of Norfolk
and Hampton, Virginia, which are the two cities in the immediate area
of the construction activity. Twenty-six
[[Page 51613]]
individuals in addition to Coast Guard personnel participated in the
meetings. The feedback received was consistent that the HRBT Expansion
Project would create hazards to navigation for recreational vessels and
that the suggested safety zones would help mitigate the risks.
Additionally, community members expressed support that HRCP would have
the ability to designate safe transit corridors through the South
Trestle Bridge and Willoughby Bay Bridge to ensure that coastal
property owners could still access the waters of Hampton Roads and
southern Chesapeake Bay during the duration of the construction
project. The text of the regulation has been drafted to incorporate
feedback from these sessions.
---------------------------------------------------------------------------
\1\ See Memorandum of Agreement between the United States Army
Corps of Engineers and the United States Coast Guard, dated June 2,
2000 (available at: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/2518).
\2\ See USCG Sector Virginia Marine Safety Information Bulletin
#20-113 (available at https://content.govdelivery.com/accounts/USDHSCG/bulletins/289cb80).
---------------------------------------------------------------------------
On August 5, 2021, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zones; Hampton Roads Bridge-Tunnel
Expansion Project,'' 86 FR 42758. There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this project. During the comment period that ended September 7, 2021,
we received no comments.
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 and contrary to the public interest.
Immediate action is needed to respond to the potential safety hazards
associated with the HRBT construction project.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Virginia
(COTP) has determined that potential hazards associated with the
Hampton Roads Bridge Tunnel Project beginning in summer 2021 will be a
safety concern for anyone operating within the vicinity of the
construction related activity. The purpose of this rule is to ensure
safety of vessels operating in the vicinity of all construction related
activity in support of the HRBT and the navigable waters in the safety
zone for the duration of the project.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 7, 2021. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes multiple safety zones to promote safety to
waterways users during the HRBT Expansion Project. The Coast Guard
currently anticipates the need for 6 safety zones. The safety zones
will be used to accommodate pre-staged waterborne equipment and
establish buffer zones around two marine staging areas, one safe harbor
in case of anticipated severe weather, and the marine construction work
sites expected in the vicinity of the North Trestle Bridge and North
Island, South Trestle Bridge and South Island and the north and south
side of the Willoughby Bay Bridge.
The first safety zone (Zone 1: Hampton Flats Mooring Area) is being
established in the Hampton Flats covering a mooring/staging area to
accommodate 6 barges. Specifically, the first safety zone covers all
waters of the Hampton Flats, from surface to bottom, encompassed by a
line connecting the following points beginning at 36[deg]59'40.41'' N,
76[deg]22'10.66'' W, thence to 37[deg]00'01.84'' N, 76[deg]21'01.69''
W, thence to 36[deg]59'52.62'' N, 76[deg]20'57.23'' W, thence to
36[deg]59'31.19'' N, 76[deg]22'06.20'' W, and back to the beginning
point. The Hampton Flats Mooring Area will provide critical staging
capability necessary to the project. Once the HRCP begins the
installation of mooring buoys within the mooring area, the public will
be restricted entry or mooring within the safety zone. Mariners will be
required to observe lighted marker buoys along the perimeter and at
each of the corners marking the safety zone. In the event of inclement
weather, this mooring/staging area will not be able to be used for safe
refuge.
The second safety zone (Zone 2: Phoebus Safe Harbor Area) is being
established as a safe harbor area between Phoebus Channel and the North
Trestle Bridge in the event of anticipated severe weather.
Specifically, it covers all waters west of the Phoebus Channel, from
surface to bottom, encompassed by a line connecting the following
points beginning at 37[deg]00'34.26'' N, 76[deg]19'10.58'' W, thence to
37[deg]00'23.97'' N, 76[deg]19'06.16'' W, thence to 37[deg]00'22.52''
N, 76[deg]19'11.41'' W, thence to 37[deg]00'32.81'' N,
76[deg]19'15.81'' W, and back to the beginning point. While this rule
is effective, no vessel or person would be permitted to anchor within
the safety zone during announced enforcement periods without first
obtaining permission from the COTP or designated representative. Such
announcements will be made by Sector Virginia Broadcast Notice to
Mariners and broadcasts on VHF-FM radio. During enforcement periods,
mariners will be required to observe lighted marker buoys along the
perimeter and at each of the corners marking the safety zone.
The third safety zone (Zone 3: Willoughby Safe Harbor/Mooring Area)
is being established as a mooring area/safe harbor area in Willoughby
Bay. Specifically, it covers all waters of Willoughby Bay, from surface
to bottom, encompassed by a line connecting the following five points
beginning at 36[deg]57'48.68'' N, 76[deg]17'08.20'' W, thence to
36[deg]57'44.84'' N, 76[deg]16'44.48'' W, thence to 36[deg]57'35.31''
N, 76[deg]16'42.80'' W, thence to 36[deg]57'28.78'' N,
76[deg]16'51.75'' W, thence to 36[deg]57'33.17'' N, 76[deg]17'19.43''
W, and back to the beginning point. Once the HRCP begins the
installation of mooring buoys within the mooring area, the public will
be restricted entry or mooring within the safety zone unless permission
from the COTP, HRCP, or their designated representative is granted on a
case-by-case basis. Mariners will be required to observe lighted marker
buoys along the perimeter and at each of the corners marking the safety
zone.
The fourth safety zone (Zone 4: North Trestle Bridge and North
Island) is being established from surface to bottom for the safety of
waterways users in the vicinity of ongoing construction activity on the
east and west sides of the Hampton Roads Bridge-Tunnel's north bridge
trestle and North Island. No vessel or person at any time will be
permitted within the fixed safety zone, 300 feet from the east or west
side of the North Trestle Bridge or the North Island. All mariners
attempting to enter or depart the Hampton Creek Approach Channel or the
Phoebus Channel in the vicinity of the North Island will be required to
proceed with extreme caution and maintain a safe distance from
construction equipment. Passing arrangements, if necessary, will be
allowed to be requested from the on-site foreman via VHF Channel 13 and
16 at any time.
The fifth safety zone (Zone 5: South Trestle Bridge and South
Island) is being established, from surface to bottom, 300 feet from the
east or west side of the South Trestle Bridge or the South Island. This
zone is needed for the safety of waterways users in the vicinity of
ongoing construction activity on the east and west sides of the Hampton
Roads Bridge-Tunnel's south bridge trestle and South Island. No vessel
or person at any time will be permitted within the fixed safety zone
without permission of the COTP or HRCP, or their designated
representatives. HRCP may establish
[[Page 51614]]
and post visual identification of safe transit corridors that vessels
may use to freely proceed through the safety zone. All mariners
attempting to enter or depart the Willoughby Bay Approach Channel in
the vicinity of the South Island will be required to proceed with
extreme caution and maintain a safe distance from construction
equipment.
The sixth safety zone (Zone 6: Willoughby Bay Bridge) is being
established, from surface to bottom, within 50 feet of the north side
and 300 feet of the south side of the Willoughby Bay Bridge. This
safety zone is needed for the safety of waterways users in the vicinity
of ongoing construction activity on the north and south sides of the
Willoughby Bay Bridge. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative, except that vessels are allowed to transit through
marked safe transit corridors that HRCP shall establish for the purpose
of providing navigation access for residents located north of the
Willoughby Bay Bridge through the safety zone. All mariners attempting
to enter or depart residences or commercial facilities north of the
Willoughby Bay Bridge through the safe transit corridors or other areas
of the safety zone when granted permission shall proceed with caution
and maintain a safe distance from construction equipment. Mariners
requesting to transit through other areas of the safety zone may do so
at any time by contacting the on-site foreman via VHF Channel 13 and
16.
The regulatory text appears at the end of this document.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on a comprehensive
marine traffic survey conducted for all current and forecasted vessel
traffic in the vicinity of the HRBT Expansion Project. The survey was
used to inform mitigation strategies, minimize disruptions to
navigation, reduce risks of marine casualties and determine the size,
location, duration and time-of-day of the recommended safety zones.
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 received no comments from the Small Business
Administration on this rulemaking. 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-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 6
safety zones that will be activated for the duration of the HRBT
Expansion Project. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction
[[Page 51615]]
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.
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; 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.
0
2. Add Sec. 165.519 to read as follows:
Sec. 165.519 Safety Zones; Hampton Roads Bridge-Tunnel Expansion
Project, Hampton/Norfolk, VA.
(a) 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. The term also includes an employee or contractor of Hampton Roads
Connector Partners (HRCP) for the sole purposes of designating and
establishing safe transit corridors, to permit passage into or through
these safety zones, or to notify vessels and individuals that they have
entered a safety zone and are required to leave.
(b) Locations and zone-specific requirements--(1) Zone 1, Hampton
Flats Mooring Area--(i) Location. All waters of the Hampton Flats, from
surface to bottom, encompassed by a line connecting the following
points beginning at 36[deg]59'40.41'' N, 76[deg]22'10.66'' W, thence to
37[deg]00'01.84'' N, 76[deg]21'01.69'' W, thence to 36[deg]59'52.62''
N, 76[deg]20'57.23'' W, thence to 36[deg]59'31.19'' N,
76[deg]22'06.20'' W, and back to the beginning point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. Mariners must observe lighted marker buoys along the
perimeter and at each of the corners marking the safety zone.
(2) Zone 2, Phoebus Safe Harbor Area--(i) Location. All waters west
of the Phoebus Channel, from surface to bottom, encompassed by a line
connecting the following points beginning at 37[deg]00'34.26'' N,
76[deg]19'10.58'' W, thence to 37[deg]00'23.97'' N, 76[deg]19'06.16''
W, thence to 37[deg]00'22.52'' N, 76[deg]19'11.41'' W, thence to
37[deg]00'32.81'' N, 76[deg]19'15.81'' W, and back to the beginning
point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone during announced enforcement periods without permission of
the COTP, HRCP, or designated representative. Such enforcement periods
will be announced by Sector Virginia Broadcast Notice to Mariners and
broadcasts on VHF-FM radio. During enforcement periods, mariners shall
observe lighted marker buoys along the perimeter and at each of the
corners marking the safety zone.
(3) Zone 3, Willoughby Bay Mooring Area--(i) Location. All waters
of Willoughby Bay, from surface to bottom, in the area encompassed by a
line connecting the following points beginning at 36[deg]57'48.68'' N,
76[deg]17'08.20'' W, thence to 36[deg]57'44.84'' N, 76[deg]16'44.48''
W, thence to 36[deg]57'35.31'' N, 76[deg]16'42.80'' W, thence to
36[deg]57'28.78'' N, 76[deg]16'51.75'' W, thence to 36[deg]57'33.17''
N, 76[deg]17'19.43'' W, and back to the beginning point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. Mariners must observe lighted marker buoys along the
perimeter and at each of the corners marking the safety zone.
(4) Zone 4, North Highway Bridge Trestle and North Island--(i)
Location. All waters, from surface to bottom, located within 300 feet
of the east or west side of the Hampton Roads Bridge-Tunnel's north
highway bridge trestle, including North Island, to the shore of the
City of Hampton. No vessel or person may enter or remain in the safety
zone without permission of the COTP, HRCP, or designated
representative.
(ii) Requirements. All mariners attempting to enter or depart the
Hampton Creek Approach Channel or the Phoebus Channel in the vicinity
of the North Island must proceed with extreme caution and maintain a
safe distance from construction equipment.
(5) Zone 5, South Highway Bridge Trestle and South Island--(i)
Location. All waters, from surface to bottom, located within 300 feet
from the east or west side of the Hampton Roads Bridge-Tunnel's south
highway bridge trestle, including South Island, to the shore of the
City of Norfolk.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. HRCP may establish and post visual identification of
safe transit corridors that vessels may use to freely proceed through
the safety zone. All mariners attempting to enter or depart the
Willoughby Bay Approach Channel in the vicinity of the South Island
shall proceed with extreme caution and maintain a safe distance from
construction equipment.
(6) Zone 6, Willoughby Bay Bridge--(i) Location. All waters, from
surface to bottom, located along the Willoughby Bay Bridge highway
trestle and extending 50 feet to the north side of the bridge and 300
feet to the south side of the bridge along the length of the highway
trestle, from shore to shore within the City of Norfolk.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative, except that vessels are allowed to transit through
marked safe transit corridors that HRCP shall establish for the purpose
of providing navigation access for residents located north of the
Willoughby Bay Bridge through the safety zone. All mariners attempting
to enter or depart residences or commercial facilities north of the
Willoughby Bay Bridge through the safe transit corridors or other areas
of the safety zone when granted permission shall proceed with caution
and maintain a safe distance from construction equipment.
(c) General requirements. (1) Under the general safety zone
regulations in subpart C of this part, no vessel or person may enter or
remain in any safety zone described in paragraph (b) of this section
unless authorized by the COTP, HRCP, or designated representative. If a
vessel or person is notified by the COTP, HRCP, or designated
representative that they have entered one of these safety zones without
permission, they are required to immediately leave in a safe manner
following the directions given.
(2) Mariners requesting to transit any of these safety zones must
first contact the HRCP designated representative, the on-site foreman,
via VHF-FM channels 13 and 16. If permission is granted, mariners must
proceed at their own risk
[[Page 51616]]
and strictly observe any and all instructions provided by the COTP,
HRCP, or designated representative to the mariner regarding the
conditions of entry to and exit from any location within the fixed
safety zones.
(d) Enforcement. The Sector Virginia COTP may enforce the
regulations in this section and may be assisted by any Federal, state,
county, or municipal law enforcement agency.
Dated: September 10, 2021.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port Virginia.
[FR Doc. 2021-20006 Filed 9-15-21; 8:45 am]
BILLING CODE 9110-04-P
