Rule2021-20006
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
September 16, 2021
Effective
September 16, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 177 (Thursday, September 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20006]
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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, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#b6f7c5dedad3cf98f398fed9dadbf6c3c5d5d198dbdfda"><span class="__cf_email__" data-cfemail="a0e1d3c8ccc5d98ee58ee8cfcccde0d5d3c3c78ecdc9cc">[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 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.
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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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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
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</html>Indexed from Federal Register on September 16, 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.