Regulated Navigation Area; Hampton Roads,VA, 32968-32972 [2023-10935]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32968-32972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10935]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2023-0059]
RIN 1625-AA11


Regulated Navigation Area; Hampton Roads,VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending 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 The Coast Guard is removing outdated or 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.

DATES: This rule is effective June 22, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0059 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, 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 Information and Regulatory History

    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 
15, 2003) and was reformatted in 72 FR 17409 (April 9, 2007). Since the 
implementation of the RNA, the Captain of the Port Virginia has had the 
responsibility and the authority to control vessels within the RNA to 
protect port infrastructure, port security, and the safety of the 
waterway.

[[Page 32969]]

    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.
    In response, on March 14, 2023, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Regulated Navigation Area; Hampton 
Roads, VA (FR 04864). There, we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this RNA 
update. During the comment period that ended April 13, 2023, we 
received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1231). The Captain of the Port Virginia 
(COTP) has determined the need to remove outdated or redundant language 
and requirements to make the rule easier to comply with and understand.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
14, 2023. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This 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 is 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 is expanding 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 thus hindering the 
chances of a successful rescue.

33 CFR 165.501(d)--Regulations

    The Coast Guard is updating 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 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under 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 the reasoning that 
this rule makes only minor amendments to an established rule and does 
not alter its original intent or purpose. The revisions here will 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 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 
RNA 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

[[Page 32970]]

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 minor 
administrative amendments to the text of the existing Hampton Roads 
RNA. The 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. It 
is categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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.

[[Page 32971]]

    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 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

[[Page 32972]]

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 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: May 17, 2023.
Shannon N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2023-10935 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P