Rule2023-10935
Regulated Navigation Area; Hampton Roads,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
May 23, 2023
Effective
June 22, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending the Chesapeake Bay entrance and Hampton Roads, VA and adjacent waters--Regulated Navigation Area. Officially codified in 2003, the need for this review and update of the Regulated Navigation Area has been prompted by changes in the organizational structure, responsibilities and shipboard requirements over the last 20 years. The Coast Guard is removing outdated or redundant language and requirements, including those related to port security. This action will provide administrative changes and amend vessel reporting requirements operating within the Regulated Navigation Area during Maritime Security Level 1.
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32968-32972]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10935]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0059]
RIN 1625-AA11
Regulated Navigation Area; Hampton Roads,VA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the Chesapeake Bay entrance and
Hampton Roads, VA and adjacent waters--Regulated Navigation Area.
Officially codified in 2003, the need for this review and update of the
Regulated Navigation Area has been prompted by changes in the
organizational structure, responsibilities and shipboard requirements
over the last 20 years. The Coast Guard is removing outdated or
redundant language and requirements, including those related to port
security. This action will provide administrative changes and amend
vessel reporting requirements operating within the Regulated Navigation
Area during Maritime Security Level 1.
DATES: This rule is effective June 22, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0059 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Ashley Holm, Sector Virginia Waterways Management
Division, U.S. Coast Guard; telephone 757-668-5581, email
<a href="/cdn-cgi/l/email-protection#d392a0bbbfb6aafd96fd9bbcbfbe93a6a0b0b4fdbebabf"><span class="__cf_email__" data-cfemail="3273415a5e574b1c771c7a5d5e5f72474151551c5f5b5e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AIS Automatic Identification System
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
JEBLCFS Joint Expeditionary Base Little Creek-Fort Story
JHOC Joint Harbor Operations Center
MARSEC US Coast Guard Maritime Security Level
NPRM Notice of proposed rulemaking
Sec. Section
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
USCG United States Coast Guard
II. Background Information and Regulatory History
The Chesapeake Bay entrance and Hampton Roads, VA and adjacent
waters--Regulated Navigation Area (RNA) was established on June 12,
2003, following the terrorist attacks on September 11, 2001. The U.S.
Coast Guard utilized its authority through the Port and Waterways
Safety Act (PWSA) to urgently establish RNAs in many of the major ports
throughout the United States to control vessel traffic within a port by
specifying times of vessel entry, movement, or departure to, from,
within, or through ports, harbors, or other waters. The Chesapeake Bay
entrance and Hampton Roads, VA and adjacent waters--Regulated
Navigation Area was first codified as a final rule in 68 FR 35172 (June
15, 2003) and was reformatted in 72 FR 17409 (April 9, 2007). Since the
implementation of the RNA, the Captain of the Port Virginia has had the
responsibility and the authority to control vessels within the RNA to
protect port infrastructure, port security, and the safety of the
waterway.
[[Page 32969]]
In the twenty years since the establishment of this RNA, updates to
Coast Guard nomenclature and port security requirements have made
language in this RNA obsolete.
In response, on March 14, 2023, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Regulated Navigation Area; Hampton
Roads, VA (FR 04864). There, we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this RNA
update. During the comment period that ended April 13, 2023, we
received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231). The Captain of the Port Virginia
(COTP) has determined the need to remove outdated or redundant language
and requirements to make the rule easier to comply with and understand.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
14, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule will make administrative revisions to update certain
names and language as well as amend port security requirements. Below
we provide a description and reasoning for each revision being made.
All other sections not mentioned shall remain unchanged.
33 CFR 165.501(b)--Definitions
The Coast Guard is revising the definition for Designated
representative of the Captain of the Port in paragraph (b) of 33 CFR
165.501 to no longer include ``Joint Harbor Operations Center
Watchstander.'' Previously, assigned active-duty Navy sailors worked
within the Sector Virginia Command Center, formerly called the Joint
Harbor Operations Center (JHOC). In 2010, the JHOC was disestablished.
33 CFR 165.501(c)--Applicability
The Coast Guard is expanding the exemption in paragraph (c) to
include vessels engaged in ``search and rescue'' operations. Following
the requirements of this rule is impracticable for these type of
operations, as they would impede or slow operations thus hindering the
chances of a successful rescue.
33 CFR 165.501(d)--Regulations
The Coast Guard is updating paragraph (d) to reflect name changes
in Naval Commands located within the RNA. In paragraph (d)(1)(iii),
``Commander, Naval Amphibious Base Little Creek'' is now named,
``Commander, Joint Expeditionary Base Little Creek-Fort Story
(JEBLCFS).'' The Joint Expeditionary Base is comprised of the former
Naval Amphibious Base Little Creek and the Army Post of Fort Story,
which were merged under a single command on October 1, 2009.
In paragraph (d)(6), the requirement for `navigational charts' is
removed as this is redundant to vessel requirements already enforced by
in 33 CFR 164.33.
In paragraph (d)(9), the stipulation is added so that the paragraph
only applies when the Commandant or Captain of the Port sets MARSEC
level 2 or 3. The requirements of this provision are no longer
necessary at MARSEC level 1 as a result of current Automatic
Identification System (AIS) carriage regulations and Notice of Arrival
regulations enforced by 33 CFR Subpart C. The requirements are still in
effect during times of heightened security and have been modified to
reflect such.
The removal of paragraph (d)(9)(ii) is necessary as this
requirement is redundant to the regulations found in 33 CFR Subchapter
H, Maritime Security and conflicts with established regulations
governing other Federal Agencies. In paragraph (d)(9)(iv), ``Joint
Harbor Operations Center'' has been removed as it has since been
disestablished.
Finally, language in paragraph (f)(1) is amended to give the
Captain of the Port maximum authority and discretion permitted by law
to order the movement of a vessel or vessels out of concern for all
hazards, whether safety or security in nature: prohibit entry, restrict
or direct movement within, or order departure from the RNA. This will
allow the Coast Guard to readily fulfil its role of public and port
safety during emergent situations within the RNA.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the reasoning that
this rule makes only minor amendments to an established rule and does
not alter its original intent or purpose. The revisions here will not
significantly change the requirements or behavior of vessels in the RNA
and would have little to no economic impact.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
RNA may be small entities, for the reasons stated in section V.A above,
this rule will not have a significant economic impact on any vessel
owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain
[[Page 32970]]
about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves minor
administrative amendments to the text of the existing Hampton Roads
RNA. The revisions made in this rule making would not significantly, if
at all, differ from the present impact the Hampton Roads RNA has on the
environment which was determined to be not significantly impactful. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 165.501 to read as follows:
Sec. 165.501 Chesapeake Bay entrance and Hampton Roads, VA and
adjacent waters--Regulated Navigation Area.
(a) Location. The waters enclosed by the shoreline and the
following lines are a Regulated Navigation Area:
(1) Offshore Zone. A line drawn due East from the mean low water
mark at the North Carolina and Virginia border at latitude
36[deg]33'03'' N, longitude 75[deg]52'00'' W, to the Territorial Seas
boundary line at latitude 36[deg]33'05'' N, longitude 75[deg]36'51'' W,
thence generally Northeastward along the Territorial Seas boundary line
to latitude 38[deg]01'39'' N, longitude 74[deg]57'18'' W, thence due
West to the mean low water mark at the Maryland and Virginia border at
latitude 38[deg]01'39'' N, longitude 75[deg]14'30'' W, thence South
along the mean low water mark on the Virginia coast, and eastward of
the Colregs Demarcation Lines across Chincoteague Inlet, Assawoman
Inlet, Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby
Inlet, Great Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal
Inlet and Little Inlet, to the Colregs Demarcation Line across the
mouth of Chesapeake Bay, continuing south along the Virginia low water
mark and eastward of the Colregs Demarcation Line across Rudee Inlet to
the point of beginning. All positions reference NAD 83.
(2) Inland zone. The waters enclosed by the shoreline and the
following lines:
(i) A line drawn across the entrance to Chesapeake Bay between Wise
Point and Cape Charles Light, and then continuing to Cape Henry Light.
(ii) A line drawn across the Chesapeake Bay between Old Point
Comfort Light and Cape Charles City Range ``A'' Rear Light.
(iii) A line drawn across the James River along the eastern side of
U.S. Route 17 highway bridge, between Newport News and Isle of Wight
County, Virginia.
(iv) A line drawn across Chuckatuck Creek along the northern side
of the north span of the U.S. Route 17 highway bridge, between Isle of
Wight County and Suffolk, Virginia.
(v) A line drawn across the Nansemond River along the northern side
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
(vi) A line drawn across the mouth of Bennetts Creek, Suffolk,
Virginia.
(vii) A line drawn across the Western Branch of the Elizabeth River
along the eastern side of the West Norfolk Bridge, Portsmouth,
Virginia.
(viii) A line drawn across the Southern Branch of the Elizabeth
River along the northern side of the I-64 highway bridge, Chesapeake,
Virginia.
(ix) A line drawn across the Eastern Branch of the Elizabeth River
along the western side of the west span of the Campostella Bridge,
Norfolk, Virginia.
(x) A line drawn across the Lafayette River along the western side
of the Hampton Boulevard Bridge, Norfolk, Virginia.
(xi) A line drawn across Little Creek along the eastern side of the
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
(xii) A line drawn across Lynnhaven Inlet along the northern side
of Shore Drive (U.S. Route 60) Bridge, Norfolk, Virginia.
(b) Definitions. In this section:
CBBT means the Chesapeake Bay Bridge Tunnel.
Coast Guard Patrol Commander is a Coast Guard commissioned, warrant
or petty officer who has been designated by the Commander, Coast Guard
Sector Virginia.
[[Page 32971]]
Designated representative of the Captain of the Port means a
person, including the command duty officer at Coast Guard Sector
Virginia or the Coast Guard or Navy Patrol Commander who has been
authorized by the Captain of the Port to act on his or her behalf and
at his or her request to carry out such orders and directions as
needed. All patrol vessels shall display the Coast Guard Ensign at all
times when underway.
I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
Inland waters means waters within the COLREGS Line of Demarcation.
Thimble Shoal Channel consists of the waters bounded by a line
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to
Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted
Buoy 19, thence to Thimble Shoal Lighted Buoy 21, thence to Thimble
Shoal Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence
to Thimble Shoal Lighted Buoy 2, thence to the beginning.
Thimble Shoal North Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the north side of Thimble
Shoal Channel, the southern boundary of which extends from Thimble
Shoal Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.
Thimble Shoal South Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the south side of Thimble
Shoal Channel, the northern boundary of which extends from Thimble
Shoal Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted
Gong Buoy 17, thence to Thimble Shoal Lighted Buoy 19, thence to
Thimble Shoal Lighted Buoy 21.
(c) Applicability. This section applies to all vessels operating
within the Regulated Navigation Area, including naval and public
vessels, except vessels that are engaged in the following operations:
(1) Law enforcement.
(2) Search and rescue.
(3) Servicing aids to navigation.
(4) Surveying, maintenance, or improvement of waters in the
Regulated Navigation Area.
(d) Regulations. (1) Anchoring restrictions. No vessel over 65 feet
long may anchor or moor in the inland waters of the Regulated
Navigation Area outside an anchorage designated in Sec. 110.168 of
this title, with these exceptions:
(i) The vessel has the permission of the Captain of the Port.
(ii) Only in an emergency, when unable to proceed without
endangering the safety of persons, property, or the environment, may a
vessel anchor in a channel.
(iii) A vessel may not anchor within the confines of Little Creek
Harbor, Desert Cove, or Little Creek Cove without the permission of the
Captain of the Port or designated representative. The Captain of the
Port shall consult with the Commander, Joint Expeditionary Base Little
Creek-Fort Story, before granting permission to anchor within this
area.
(2) Anchoring detail requirements. A self-propelled vessel over 100
gross tons, which is equipped with an anchor or anchors (other than a
tugboat equipped with bow fenderwork of a type of construction that
prevents an anchor being rigged for quick release), that is underway
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall
station its personnel at locations on the vessel from which they can
anchor the vessel without delay in an emergency.
(3) Secondary towing rig requirements on inland waters. (i) A
vessel over 100 gross tons may not be towed in the inland waters of the
Regulated Navigation Area unless it is equipped with a secondary towing
rig, in addition to its primary towing rig, that:
(A) Is of sufficient strength for towing the vessel.
(B) Has a connecting device that can receive a shackle pin of at
least two inches in diameter.
(C) Is fitted with a recovery pickup line led outboard of the
vessel's hull.
(ii) A tow consisting of two or more vessels, each of which is less
than 100 gross tons, that has a total gross tonnage that is over 100
gross tons, shall be equipped with a secondary towing rig between each
vessel in the tow, in addition to its primary towing rigs, while the
tow is operating within this Regulated Navigation Area. The secondary
towing rig must:
(A) Be of sufficient strength for towing the vessels.
(B) Have connecting devices that can receive a shackle pin of at
least two inches in diameter.
(C) Be fitted with recovery pickup lines led outboard of the
vessel's hull.
(4) Thimble Shoals Channel controls. (i) A vessel drawing less than
25 feet may not enter the Thimble Shoal Channel, unless the vessel is
crossing the channel. Masters should consider the squat of their vessel
based upon vessel design and environmental conditions. Channel
crossings shall be made as perpendicular to the channel axis as
possible.
(ii) Except when crossing the channel, a vessel in the Thimble
Shoal North Auxiliary Channel shall proceed in a westbound direction.
(iii) Except when crossing the channel, a vessel in the Thimble
Shoal South Auxiliary Channel shall proceed in an eastbound direction.
(5) Restrictions on vessels with impaired maneuverability--(i)
Before entry. A vessel over 100 gross tons, whose ability to maneuver
is impaired by heavy weather, defective steering equipment, defective
main propulsion machinery, or other damage, may not enter the Regulated
Navigation Area without the permission of the Captain of the Port.
(ii) After entry. A vessel over 100 gross tons, which is underway
in the Regulated Navigation Area, that has its ability to maneuver
become impaired for any reason, shall, as soon as possible, report the
impairment to the Captain of the Port.
(6) Requirements for navigation charts, radars, and pilots. No
vessel over 100 gross tons may enter the Regulated Navigation Area,
unless it has on board:
(i) Corrected paper or electronic charts of the Regulated
Navigation Area.
(ii) An operative radar during periods of reduced visibility;
(iii) When in inland waters, a pilot or other person on board with
previous experience navigating vessels on the waters of the Regulated
Navigation Area.
(7) Emergency procedures. (i) Except as provided in paragraph
(d)(7)(ii) of this section, in an emergency any vessel may deviate from
the regulations in this section to the extent necessary to avoid
endangering the safety of persons, property, or the environment.
(ii) A vessel over 100 gross tons with an emergency that is located
within two nautical miles of the CBBT or I-664 Bridge Tunnel shall
notify the Captain of the Port of its location and the nature of the
emergency, as soon as possible.
(8) Vessel speed limits--(i) Little Creek. A vessel may not proceed
at a speed over five knots between the Route 60 Bridge and the mouth of
Fishermans Cove (Northwest Branch of Little Creek).
(ii) Southern Branch of the Elizabeth River. A vessel may not
proceed at a speed over six knots between the junction of the Southern
and Eastern Branches of the Elizabeth River and the Norfolk and
Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth,
Virginia.
(iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross tons or
more may not proceed at a speed over 10 knots between the Elizabeth
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of
Sewells Point) at
[[Page 32972]]
approximately 36[deg]58'00'' N, 076[deg]20'00'' W, and gated Elizabeth
River Channel Lighted Buoys 17 and 18 of Craney Island Reach (southwest
of Norfolk International Terminal at approximately 36[deg]54'17'' N,
and 076[deg]20'11'' W.
(9) Port security requirements. This paragraph shall only apply
when the Commandant or the Captain of the Port sets MARSEC Level 2 or
3, as detailed in 33 CFR part 101, for any area, operation, or industry
within the Regulated Navigation Area. Vessels in excess of 300 gross
tons, including tug and barge combinations in excess of 300 gross tons
(combined), shall not enter the Regulated Navigation Area, move within
the Regulated Navigation Area, or be present within the Regulated
Navigation Area, unless they comply with the following requirements:
(i) Obtain authorization to enter the Regulated Navigation Area
from the designated representative of the Captain of the Port prior to
entry. All vessels entering or remaining in the Regulated Navigation
Area may be subject to a Coast Guard boarding.
(ii) Report any departure from or movement within the Regulated
Navigation Area to the designated representative of the Captain of the
Port prior to getting underway.
(iii) The designated representative of the Captain of the Port is
the Sector Command Center (SCC) which shall be contacted on VHF-FM
channel 12, or by calling (757) 668-5555.
(iv) In addition to the authorities listed in this part, this
paragraph is promulgated under the authority under 46 U.S.C. 70116.
(e) Waivers. (1) The Captain of the Port may, upon request, waive
any regulation in this section.
(2) An application for a waiver must state the need for the waiver
and describe the proposed vessel operations.
(f) Control of vessels within the regulated navigation area. (1)
When necessary to avoid hazard to vessel traffic, facility or port
infrastructure, or the public, the Captain of the Port may prohibit
entry into the regulated area, direct the movement of a vessel or
vessels, or issue orders requiring vessels to anchor or moor in
specific locations.
(2) If needed for the maritime, commercial or safety and security
interests of the United States, the Captain of the Port may direct a
vessel or vessels to move from its current location to another location
within the Regulated Navigation Area, or to leave the Regulated
Navigation Area completely.
(3) The master of a vessel within the Regulated Navigation Area
shall comply with any orders or directions issued to the master's
vessel by the Captain of the Port.
Dated: May 17, 2023.
Shannon N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2023-10935 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P
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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.