Regulated Navigation Area; Hampton Roads, VA, 15625-15629 [2023-04864]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Proposed Rules]
[Pages 15625-15629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04864]



[[Page 15625]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0059]
RIN 1625-AA11


Regulated Navigation Area; Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the Chesapeake Bay 
entrance and Hampton Roads, VA and adjacent waters--Regulated 
Navigation Area.
    Officially codified in 2003, the need for this review and update of 
the Regulated Navigation Area has been prompted by changes in the 
organizational structure, responsibilities, and shipboard requirements 
over the last 20 years. The Coast Guard is proposing to remove outdated 
or redundant language and requirements, including those related to port 
security. This action will provide administrative changes and amend 
vessel reporting requirements operating within the Regulated Navigation 
Area during Maritime Security Level 1. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 13, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0059 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Ashley Holm, Sector Virginia 
Waterways Management Division, U.S. Coast Guard; telephone 757-668-
5581, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AIS Automatic Identification System
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
JEBLCFS Joint Expeditionary Base Little Creek-Fort Story
JHOC Joint Harbor Operations Center
MARSEC US Coast Guard Maritime Security Level
NPRM Notice of Proposed Rulemaking
Sec.  Section
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
USCG United States Coast Guard

II. Background, Purpose, and Legal Basis

Background

    The Chesapeake Bay entrance and Hampton Roads, VA and adjacent 
waters--Regulated Navigation Area (RNA) was established on June 12, 
2003, following the terrorist attacks on September 11, 2001. The U.S. 
Coast Guard utilized its authority through the Port and Waterways 
Safety Act (PWSA) to urgently establish RNAs in many of the major ports 
throughout the United States to control vessel traffic within a port by 
specifying times of vessel entry, movement, or departure to, from, 
within, or through ports, harbors, or other waters. The Chesapeake Bay 
entrance and Hampton Roads, VA and adjacent waters--Regulated 
Navigation Area was first codified as a final rule in 68 FR 35172 (June 
12, 2003) and was reformatted in 72 FR 17409 (April 9, 2007). Since the 
implementation of the RNA, the Captain of the Port of Virginia has had 
the responsibility and the authority to control vessels within the RNA 
to protect port infrastructure, port security, and safety of the 
waterway.
    In the twenty years since the establishment of this RNA, updates to 
Coast Guard nomenclature and port security requirements have made 
language in this RNA obsolete.

Purpose

    The purpose of this proposal is to remove such outdated or 
redundant language and requirements within the original rule to make 
the rule easier to understand and comply with. In order to ensure the 
RNA continues to serve its purpose and provide safety and security for 
the port, the Coast Guard is proposing this rulemaking to better align 
with modern commercial and naval operations in the port, while 
minimizing the impact to the maritime community.

Legal Authority

    The Coast Guard proposes this rulemaking under authority in 46 
U.S.C. 70041 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The proposed rule will make administrative revisions to update 
certain names and language as well as amend port security requirements. 
Below we provide a description and reasoning for each revision being 
made. All other sections not mentioned shall remain unchanged.
33 CFR 165.501(b)--Definitions
    The Coast Guard proposes revising the definition for Designated 
representative of the Captain of the Port in paragraph (b) of 33 CFR 
165.501 to no longer include ``Joint Harbor Operations Center 
Watchstander''. Previously assigned active-duty Navy sailors worked 
within the Sector Virginia Command Center, formerly called the Joint 
Harbor Operations Center (JHOC). In 2010, the JHOC was disestablished.
33 CFR 165.501(c)--Applicability
    The Coast Guard proposes to expand the exemption in paragraph (c) 
to include vessels engaged in ``search and rescue'' operations. 
Following the requirements of this rule is impracticable for these type 
of operations, as they would impede or slow operations hindering the 
chances of a successful rescue.
33 CFR 165.501(d)--Regulations
    The Coast Guard proposes to update paragraph (d) to reflect name 
changes in Naval Commands located within the RNA. In paragraph 
(d)(1)(iii) ``Commander, Naval Amphibious Base Little Creek'' is now 
named, ``Commander, Joint Expeditionary Base Little Creek-Fort Story 
(JEBLCFS)''. The Joint Expeditionary Base is comprised of the former 
Naval Amphibious Base Little Creek and the Army Post of Fort Story, 
which were merged under a single command on October 1, 2009.
    In paragraph (d)(6) the requirement for `navigational charts' is 
removed as this is redundant to vessel requirements already enforced by 
in 33 CFR 164.33.
    In paragraph (d)(9) the stipulation is added so that the paragraph 
only applies when the Commandant or Captain of the Port sets MARSEC 
level 2 or 3. The requirements of this provision are no longer 
necessary at MARSEC level 1 as a result of current Automatic 
Identification System (AIS) carriage regulations and Notice of Arrival 
regulations enforced by 33 CFR Subpart C. The requirements are still in 
effect during times of heightened security and have been modified to 
reflect such.
    The removal of paragraph (d)(9)(ii) is necessary as this 
requirement is redundant to the regulations found in 33 CFR Subchapter 
H, Maritime Security, and conflicts with established regulations 
governing other Federal Agencies. In paragraph (d)(9)(iv) ``Joint 
Harbor Operations Center'' has been

[[Page 15626]]

removed as it has since been disestablished.
    Finally, language in paragraph (f)(1) is amended to give the 
Captain of the Port maximum authority and discretion permitted by law 
to order the movement of a vessel or vessels out of concern for all 
hazards, whether safety or security in nature: prohibit entry, restrict 
or direct movement within, or order departure from the RNA. This will 
allow the Coast Guard to readily fulfil its role of public and port 
safety during emergent situations within the RNA.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the reasoning that 
this proposal makes only minor amendments to an established rule and 
does not alter its original intent purpose. The revisions proposed here 
would not significantly change the requirements or behavior of vessels 
in the RNA and would have little to no economic impact.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
RNA may be small entities, for the reasons stated in section IV.A 
above, this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves minor 
administrative amendments to the text of the existing Hampton Roads 
RNA. These proposed revisions made in this rule making would not 
significantly, if at all, differ from the present impact the Hampton 
Roads RNA has on the environment which was determined to be not 
significantly impactful. Normally such actions are 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 preliminary 
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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

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V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. If you go to the online docket and sign up for email alerts, 
you will be notified when comments are posted or a final rule is 
published.

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 is 
proposing to amend 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. 01.3.

0
2. Revise Sec.  165.501 to read as follows:


Sec.  165.501  Chesapeake Bay entrance and Hampton Roads, VA and 
adjacent waters--Regulated Navigation Area.

    (a) Location. The waters enclosed by the shoreline and the 
following lines are a Regulated Navigation Area:
    (1) Offshore Zone. A line drawn due East from the mean low water 
mark at the North Carolina and Virginia border at latitude 
36[deg]33'03'' N, longitude 75[deg]52'00'' W, to the Territorial Seas 
boundary line at latitude 36[deg]33'05'' N, longitude 75[deg]36'51'' W, 
thence generally Northeastward along the Territorial Seas boundary line 
to latitude 38[deg]01'39'' N, longitude 74[deg]57'18'' W, thence due 
West to the mean low water mark at the Maryland and Virginia border at 
latitude 38[deg]01'39'' N, longitude 75[deg]14'30'' W, thence South 
along the mean low water mark on the Virginia coast, and eastward of 
the Colregs Demarcation Lines across Chincoteague Inlet, Assawoman 
Inlet, Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby 
Inlet, Great Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal 
Inlet and Little Inlet, to the Colregs Demarcation Line across the 
mouth of Chesapeake Bay, continuing south along the Virginia low water 
mark and eastward of the Colregs Demarcation Line across Rudee Inlet to 
the point of beginning. All positions reference NAD 83.
    (2) Inland zone. The waters enclosed by the shoreline and the 
following lines:
    (i) A line drawn across the entrance to Chesapeake Bay between Wise 
Point and Cape Charles Light, and then continuing to Cape Henry Light.
    (ii) A line drawn across the Chesapeake Bay between Old Point 
Comfort Light and Cape Charles City Range ``A'' Rear Light.
    (iii) A line drawn across the James River along the eastern side of 
U.S. Route 17 highway bridge, between Newport News and Isle of Wight 
County, Virginia.
    (iv) A line drawn across Chuckatuck Creek along the northern side 
of the north span of the U.S. Route 17 highway bridge, between Isle of 
Wight County and Suffolk, Virginia.
    (v) A line drawn across the Nansemond River along the northern side 
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
    (vi) A line drawn across the mouth of Bennetts Creek, Suffolk, 
Virginia.
    (vii) A line drawn across the Western Branch of the Elizabeth River 
along the eastern side of the West Norfolk Bridge, Portsmouth, 
Virginia.
    (viii) A line drawn across the Southern Branch of the Elizabeth 
River along the northern side of the I-64 highway bridge, Chesapeake, 
Virginia.
    (ix) A line drawn across the Eastern Branch of the Elizabeth River 
along the western side of the west span of the Campostella Bridge, 
Norfolk, Virginia.
    (x) A line drawn across the Lafayette River along the western side 
of the Hampton Boulevard Bridge, Norfolk, Virginia.
    (xi) A line drawn across Little Creek along the eastern side of the 
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
    (xii) A line drawn across Lynnhaven Inlet along the northern side 
of Shore Drive (U.S. Route 60) Bridge, Norfolk, Virginia.
    (b) Definitions. In this section:
    CBBT means the Chesapeake Bay Bridge Tunnel.
    Coast Guard Patrol Commander is a Coast Guard commissioned, warrant 
or petty officer who has been designated by the Commander, Coast Guard 
Sector Virginia.
    Designated representative of the Captain of the Port means a 
person, including the command duty officer at Coast Guard Sector 
Virginia or the Coast Guard or Navy Patrol Commander who has been 
authorized by the Captain of the Port to act on his or her behalf and 
at his or her request to carry out such orders and directions as 
needed. All patrol vessels shall display the Coast Guard Ensign at all 
times when underway.
    I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
    Inland waters means waters within the COLREGS Line of Demarcation.
    Thimble Shoal Channel consists of the waters bounded by a line 
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to 
Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted 
Buoy 19, thence to Thimble Shoal Lighted Buoy 21, thence to Thimble 
Shoal Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence 
to Thimble Shoal Lighted Buoy 2, thence to the beginning.
    Thimble Shoal North Auxiliary Channel consists of the waters in a 
rectangular area 450 feet wide adjacent to the north side of Thimble 
Shoal Channel, the southern boundary of which extends from Thimble 
Shoal Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.
    Thimble Shoal South Auxiliary Channel consists of the waters in a 
rectangular area 450 feet wide adjacent to the south side of Thimble 
Shoal Channel, the northern boundary of which extends from Thimble 
Shoal Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted 
Gong Buoy 17, thence to Thimble Shoal Lighted

[[Page 15628]]

Buoy 19, thence to Thimble Shoal Lighted Buoy 21.
    (c) Applicability. This section applies to all vessels operating 
within the Regulated Navigation Area, including naval and public 
vessels, except vessels that are engaged in the following operations:
    (1) Law enforcement.
    (2) Search and rescue.
    (3) Servicing aids to navigation.
    (4) Surveying, maintenance, or improvement of waters in the 
Regulated Navigation Area.
    (d) Regulations:
    (1) Anchoring restrictions. No vessel over 65 feet long may anchor 
or moor in the inland waters of the Regulated Navigation Area outside 
an anchorage designated in Sec.  110.168 of this title, with these 
exceptions:
    (i) The vessel has the permission of the Captain of the Port.
    (ii) Only in an emergency, when unable to proceed without 
endangering the safety of persons, property, or the environment, may a 
vessel anchor in a channel.
    (iii) A vessel may not anchor within the confines of Little Creek 
Harbor, Desert Cove, or Little Creek Cove without the permission of the 
Captain of the Port or designated representative. The Captain of the 
Port shall consult with the Commander, Joint Expeditionary Base Little 
Creek-Fort Story, before granting permission to anchor within this 
area.
    (2) Anchoring detail requirements. A self-propelled vessel over 100 
gross tons, which is equipped with an anchor or anchors (other than a 
tugboat equipped with bow fenderwork of a type of construction that 
prevents an anchor being rigged for quick release), that is underway 
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall 
station its personnel at locations on the vessel from which they can 
anchor the vessel without delay in an emergency.
    (3) Secondary towing rig requirements on inland waters.
    (i) A vessel over 100 gross tons may not be towed in the inland 
waters of the Regulated Navigation Area unless it is equipped with a 
secondary towing rig, in addition to its primary towing rig, that:
    (A) Is of sufficient strength for towing the vessel.
    (B) Has a connecting device that can receive a shackle pin of at 
least two inches in diameter.
    (C) Is fitted with a recovery pickup line led outboard of the 
vessel's hull.
    (ii) A tow consisting of two or more vessels, each of which is less 
than 100 gross tons, that has a total gross tonnage that is over 100 
gross tons, shall be equipped with a secondary towing rig between each 
vessel in the tow, in addition to its primary towing rigs, while the 
tow is operating within this Regulated Navigation Area. The secondary 
towing rig must:
    (A) Be of sufficient strength for towing the vessels.
    (B) Have connecting devices that can receive a shackle pin of at 
least two inches in diameter.
    (C) Be fitted with recovery pickup lines led outboard of the 
vessel's hull.
    (4) Thimble Shoals Channel controls.
    (i) A vessel drawing less than 25 feet may not enter the Thimble 
Shoal Channel, unless the vessel is crossing the channel. Masters 
should consider the squat of their vessel based upon vessel design and 
environmental conditions. Channel crossings shall be made as 
perpendicular to the channel axis as possible.
    (ii) Except when crossing the channel, a vessel in the Thimble 
Shoal North Auxiliary Channel shall proceed in a westbound direction.
    (iii) Except when crossing the channel, a vessel in the Thimble 
Shoal South Auxiliary Channel shall proceed in an eastbound direction.
    (5) Restrictions on vessels with impaired maneuverability--
    (i) Before entry. A vessel over 100 gross tons, whose ability to 
maneuver is impaired by heavy weather, defective steering equipment, 
defective main propulsion machinery, or other damage, may not enter the 
Regulated Navigation Area without the permission of the Captain of the 
Port.
    (ii) After entry. A vessel over 100 gross tons, which is underway 
in the Regulated Navigation Area, that has its ability to maneuver 
become impaired for any reason, shall, as soon as possible, report the 
impairment to the Captain of the Port.
    (6) Requirements for navigation charts, radars, and pilots. No 
vessel over 100 gross tons may enter the Regulated Navigation Area, 
unless it has on board:
    (i) Corrected paper or electronic charts of the Regulated 
Navigation Area.
    (ii) An operative radar during periods of reduced visibility;
    (iii) When in inland waters, a pilot or other person on board with 
previous experience navigating vessels on the waters of the Regulated 
Navigation Area.
    (7) Emergency procedures.
    (i) Except as provided in paragraph (d)(7)(ii) of this section, in 
an emergency any vessel may deviate from the regulations in this 
section to the extent necessary to avoid endangering the safety of 
persons, property, or the environment.
    (ii) A vessel over 100 gross tons with an emergency that is located 
within two nautical miles of the CBBT or I-664 Bridge Tunnel shall 
notify the Captain of the Port of its location and the nature of the 
emergency, as soon as possible.
    (8) Vessel speed limits--
    (i) Little Creek. A vessel may not proceed at a speed over five 
knots between the Route 60 Bridge and the mouth of Fishermans Cove 
(Northwest Branch of Little Creek).
    (ii) Southern Branch of the Elizabeth River. A vessel may not 
proceed at a speed over six knots between the junction of the Southern 
and Eastern Branches of the Elizabeth River and the Norfolk and 
Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth, 
Virginia.
    (iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross tons or 
more may not proceed at a speed over 10 knots between the Elizabeth 
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of 
Sewells Point) at approximately 36[deg]58'00'' N, 076[deg]20'00'' W, 
and gated Elizabeth River Channel Lighted Buoys 17 and 18 of Craney 
Island Reach (southwest of Norfolk International Terminal at 
approximately 36[deg]54'17'' N, and 076[deg]20'11'' W.
    (9) Port security requirements. This paragraph shall only apply 
when the Commandant or the Captain of the Port sets MARSEC Level 2 or 
3, as detailed in 33 CFR part 101, for any area, operation, or industry 
within the Regulated Navigation Area. Vessels in excess of 300 gross 
tons, including tug and barge combinations in excess of 300 gross tons 
(combined), shall not enter the Regulated Navigation Area, move within 
the Regulated Navigation Area, or be present within the Regulated 
Navigation Area, unless they comply with the following requirements:
    (i) Obtain authorization to enter the Regulated Navigation Area 
from the designated representative of the Captain of the Port prior to 
entry. All vessels entering or remaining in the Regulated Navigation 
Area may be subject to a Coast Guard boarding.
    (ii) Report any departure from or movement within the Regulated 
Navigation Area to the designated representative of the Captain of the 
Port prior to getting underway.
    (iii) The designated representative of the Captain of the Port is 
the Sector Command Center (SCC) which shall be contacted on VHF-FM 
channel 12, or by calling (757) 668-5555.
    (iv) In addition to the authorities listed in this part, this 
paragraph is

[[Page 15629]]

promulgated under the authority under 46 U.S.C. 70116.
    (e) Waivers.
    (1) The Captain of the Port may, upon request, waive any regulation 
in this section.
    (2) An application for a waiver must state the need for the waiver 
and describe the proposed vessel operations.
    (f) Control of vessels within the regulated navigation area.
    (1) When necessary to avoid hazard to vessel traffic, facility or 
port infrastructure, or the public, the Captain of the Port may 
prohibit entry into the regulated area, direct the movement of a vessel 
or vessels, or issue orders requiring vessels to anchor or moor in 
specific locations.
    (2) If needed for the maritime, commercial or safety and security 
interests of the United States, the Captain of the Port may direct a 
vessel or vessels to move from its current location to another location 
within the Regulated Navigation Area, or to leave the Regulated 
Navigation Area completely.
    (3) The master of a vessel within the Regulated Navigation Area 
shall comply with any orders or directions issued to the master's 
vessel by the Captain of the Port.

    Dated: March 6, 2023.
Shannon N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2023-04864 Filed 3-13-23; 8:45 am]
BILLING CODE 9110-04-P