Proposed Rule2021-16198
Safety Zones; Hampton Roads Bridge-Tunnel Expansion Project, Hampton/Norfolk, VA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish 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 proposed rulemaking would prohibit 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 rulemaking. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Proposed Rules]
[Pages 42758-42762]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16198]
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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, Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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 proposed rulemaking would prohibit 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 rulemaking. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 7, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0117 using the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
[[Page 42759]]
rulemaking, call or email LCDR Ashley Holm, Waterways Management
Division Chief, Sector Virginia, U.S. Coast Guard; telephone 757-668-
5580, email <a href="/cdn-cgi/l/email-protection#3c7d4f54505945127912745350517c494f5f5b12515550"><span class="__cf_email__" data-cfemail="0544766d69607c2b402b4d6a696845707666622b686c69">[email protected]</span></a>.
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, Purpose, and Legal Basis
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. 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 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 proposed
regulation has been drafted to incorporate feedback from these
sessions.
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\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: <a href="https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/2518">https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/2518</a>).
\2\ See USCG Sector Virginia Marine Safety Information Bulletin
#20-113 (available at <a href="https://content.govdelivery.com/accounts/USDHSCG/bulletins/289cb80">https://content.govdelivery.com/accounts/USDHSCG/bulletins/289cb80</a>).
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The purpose of this rulemaking is to ensure the safety of waterways
users on the navigable waters within the vicinity of the HRBT Expansion
Project during the course of this multi-year construction project. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish 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 proposed
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) would be
established in the Hampton Flats covering a mooring/staging area to
accommodate 6 barges. Specifically, the first safety zone would cover
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 would provide critical
staging capability necessary to the project. Once the HRCP begins the
installation of mooring buoys within the mooring area, the public would
be restricted entry or mooring within the safety zone. Mariners would
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 would not be able to be used for
safe refuge.
The second safety zone (Zone 2: Phoebus Safe Harbor Area) would be
established as a safe harbor area between Phoebus Channel and the North
Trestle Bridge in the event of anticipated severe weather.
Specifically, all waters west of the Phoebus Channel, from surface to
bottom, encompassed by
[[Page 42760]]
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 proposed 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 would be made
by Sector Virginia Broadcast Notice to Mariners and broadcasts on VHF-
FM radio. During enforcement periods, mariners would 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)
would be established as a mooring area/safe harbor area in Willoughby
Bay. Specifically, 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 would
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 would 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) would be 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 would 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 would be required
to proceed with extreme caution and maintain a safe distance from
construction equipment. Passing arrangements, if necessary, would 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) would be 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 would be permitted within the fixed safety zone
without permission of the COTP or HRCP, or their designated
representatives. 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
would be required to proceed with extreme caution and maintain a safe
distance from construction equipment.
The sixth safety zone (Zone 6: Willoughby Bay Bridge) would be
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 full proposed regulatory text appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarized our
analyses based on a number of these statutes and Executive Orders, and
we discussed 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 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 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 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
safety zone 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 because the ability to transit
safely around or through the impacted area will be ensured.
The Coast Guard is aware that there are some small entities who
operate commercial fishing vessels that do fish and set traps in some
or all of the proposed safety zones. There is a possibility that for a
very small number of entities the economic impact of this proposed rule
caused by exclusion from the safety zone areas they typically fish
could constitute a significant economic impact. However, the Coast
Guard concludes that the number of small entities significantly
affected would not be substantial.
If you think that your business, organization, or governmental
[[Page 42761]]
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 proposed rule
affects 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 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 analyzed this proposed rule under that Order and
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 will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We 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 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 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
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.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If your material cannot be
submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and can be viewed by following that website's
instructions. Additionally, 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.
Prior to this notice, HRCP conducted several maritime community
outreach meetings, with the most recent being held virtually on May
6th, 7th, and 8th, 2020 as announced by public website postings and
electronic mailing list distributions, and email. No further public
meetings are anticipated at this time. Any public meetings held to
discuss this rulemaking would be hosted in-person, virtually, or a
combination thereof, and would be announced by website postings and
emailed announcements. For information on facilities or services for
individuals with disabilities or to request special assistance, call or
email the person named in the FOR FURTHER INFORMATION CONTACT section,
above.
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. 0170.1.
0
2. Add Sec. 165.519 to read as follows:
[[Page 42762]]
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 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 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 this
regulation and may be assisted by any Federal, state, county, or
municipal law enforcement agency.
Dated: July 15, 2021.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port Virginia.
[FR Doc. 2021-16198 Filed 8-4-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.