Rule2022-18360
Safety Zones for Parallel Thimble Shoal Tunnel Project on the Chesapeake Bay Bridge Tunnel; Chesapeake Bay, VA
Primary source
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Published
August 26, 2022
Effective
September 26, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 regulation prohibits 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.
Full Text
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52467-52469]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18360]
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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, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 regulation prohibits 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.
DATES: This rule is effective from September 26, 2022, through January
31, 2027.
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-
2021-0915 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:
<a href="/cdn-cgi/l/email-protection#92e4fbe0f5fbfcfbf3e5f3e6f7e0e5f3ebe1d2e7e1f1f5bcfffbfe"><span class="__cf_email__" data-cfemail="3046594257595e595147514455424751494370454353571e5d595c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CBBT Cheasapeake Bay Bridge Tunnel
[[Page 52468]]
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 Information and Regulatory History
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. In
response, on April 8, 2022, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Safety Zones for Parallel Thimble
Shoal Tunnel Project on the Chesapeake Bay Bridge Tunnel; Chesapeake
Bay, VA'' (87 FR 20796). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to the
bridge construction. During the comment period that ended May 23, 2022,
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.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Virginia
(COTP) has determined that potential hazards associated with the bridge
tunnel construction project will be a safety concern for anyone within
a 500-feet in all direction from the edge of both South Thimble Island
and North Thimble Island. The purpose of this rule is to ensure safety
of vessels and the navigable waters in the safety zone at all times
while construction equipment is present.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
8, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes two temporary safety zones extending 500 feet
in all directions from the edge of both South Thimble Island and North
Thimble Island. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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 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 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
[[Page 52469]]
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 the
establishment of safety zones to protect the public from hazards
created by ongoing construction work. It is categorically excluded from
further review under paragraph L60a 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. 01.2.
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 the safety zones listed in paragraph (a) of this
section, 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: August 19, 2022.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port Virginia.
[FR Doc. 2022-18360 Filed 8-25-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 26, 2022.
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