Proposed Rule2022-07540
Safety Zones for Parallel Thimble Shoal Tunnel Project on the Chesapeake Bay Bridge Tunnel; Chesapeake Bay, VA
Primary source
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Published
April 8, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish temporary safety zones for certain waters of the Chesapeake Bay. This action is necessary to provide for the safety of life on these navigable waters near the Chesapeake Bay Bridge Tunnel (CBBT), linking Southeastern Virginia to the Eastern Shore, during an already ongoing construction project on the CBBT. This proposed rulemaking would prohibit persons and vessels from operating within 500 feet of the construction area unless authorized by the Captain of the Port (COTP) Sector Virginia or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20796-20798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07540]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0915]
RIN 1625-AA00
Safety Zones for Parallel Thimble Shoal Tunnel Project on the
Chesapeake Bay Bridge Tunnel; Chesapeake Bay, VA
AGENCY: Coast Guard, Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish temporary safety
zones for certain waters of the Chesapeake Bay. This action is
necessary to provide for the safety of life on these navigable waters
near the Chesapeake Bay Bridge Tunnel (CBBT), linking Southeastern
Virginia to the Eastern Shore, during an already ongoing construction
project on the CBBT. This proposed rulemaking would prohibit persons
and vessels from operating within 500 feet of the construction area
unless authorized by the Captain of the Port (COTP) Sector Virginia or
a designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 23, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0915 using the Federal Decision Making 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 rulemaking, call or email LCDR Ashley Holm, Sector Virginia,
Waterways Management Division, U.S. Coast Guard, Telephone: (757) 668-
5581; Email: <a href="/cdn-cgi/l/email-protection#6117081306080f080016001504131600181221141202064f0c080d"><span class="__cf_email__" data-cfemail="a3d5cad1c4cacdcac2d4c2d7c6d1d4c2dad0e3d6d0c0c48dcecacf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CBBT Chesapeake Bay Bridge Tunnel
CFR Code of Federal Regulations
COTP Captain of the Port Sector Virginia
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
In December, 2021, the COTP was notified by project management for
the Parallel Thimble Shoals Tunnel Project that construction work in
vicinity of the CBBT's southern two islands, South Thimble Island and
North Thimble Island, creates hazards to the maritime public and
recommended the establishment of safety zones. Hazards include the
operation of heavy machinery and loads suspended by cranes over the
waters surrounding the islands and attached structures. Specifically,
safety concerns were raised that involved kayakers and vessels fishing
in the vicinity of the construction site despite posted signs
indicating not to approach the site within 500 feet. The COTP has
determined that potential hazards associated with the construction
equipment used in this project creates a safety concern for those
transiting within 500 feet of the project site. This construction
project has been ongoing for 4 years, workers are present at all hours
and the work is projected to continue for the next 5 years.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
bridge tunnel is under construction. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish two temporary safety zones
extending 500 feet in all directions from the edge of both South
Thimble Island and North Thimble Island. These islands are located
approximately 3.3 miles and 4.5 miles respectively, from the shores of
Virginia Beach, Virginia, along Highway 13, and serve as the ends of
what is commonly called the Chesapeake Bay Bridge [southern] Tunnel.
The safety zones would be in effect until January 31, 2027. No vessel
or person would be permitted to enter either of the safety zones
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and
[[Page 20797]]
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 its minimal impact
to the local economy, as any fishery needing to use these waters can be
accommodated by the two other man-made islands approximately 5 miles to
the north and the attached 15 miles of bridge trestle which are not
covered with construction equipment, and therefore will not be covered
by these 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 zones 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 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 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
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 potential effects of
this proposed 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 the
establishment of safety zones to protect the public from hazards
created by ongoing construction work. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0915 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by 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 proposed rule for alternate
instructions.
[[Page 20798]]
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. 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.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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. 01.2.
0
2. Add Sec. 165.T05-0915 to read as follows:
Sec. 165.T05-0915 Safety Zones; Chesapeake Bay Bridge Tunnel,
Chesapeake Bay Entrance, VA.
(a) Location. The following areas are safety zones:
(1) Any waters located within 500 feet in all directions from the
edge of South Thimble Island. South Thimble Island is located
approximately 3.3 miles north of the shores of Virginia Beach on
Highway 13, also known as the Chesapeake Bay Bridge Tunnel (CBBT).
(2) Any waters located within 500 feet in all directions from the
edge of North Thimble Island. North Thimble Island is located
approximately 4.5 miles north of Virginia Beach on Highway 13.
(b) 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 Sector Virginia (COTP) in the enforcement of the
safety zones. The term also includes an employee or contractor of
Chesapeake Tunnel Joint Venture (CTJV) for the sole purpose 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
depart immediately.
(c) Regulations. (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 (a) of this section unless
authorized by the COTP, or designated representative. If a vessel or
person is notified by the COTP, or designated representative that they
have entered one of these safety zones without permission, they are
required to immediately depart in a safe manner following the
directions given.
(2) Mariners requesting to transit any of these safety zones must
first contact the CTJV designated representatives, CTJV Marine General
Superintendant by phone at 361-244-8852, CTJV Safety Director at 702-
415-8600, or CTJV Construction Manager at 757-782-7741. CTJV will be
monitoring VHF-FM channels 13 and 16 while work is ongoing. If
permission is granted, mariners must proceed at their own risk and
strictly observe any and all instructions provided by the COTP, 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.
(e) Enforcement period. This section will be enforced until January
31, 2027, unless cancelled sooner by the COTP.
Dated: April 04, 2022.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2022-07540 Filed 4-7-22; 8:45 am]
BILLING CODE 9110-04-P
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