Rule2024-03590
Safety Zone, Installation Area for Offshore Wind Power Transmission Export Cables, Atlantic Ocean, Virginia Beach, Virginia
Primary source
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Published
February 22, 2024
Effective
March 1, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within 550-yards of a near shore construction site near the State Military Reservation, in Virginia Beach, Virginia. The safety zone will protect personnel, vessels, and the marine environment from potential hazards created by subsurface construction. Operations are planned to bore tunnels to carry electric transmission lines below the Atlantic Ocean. When the M/V RAM XII or the M/V RAM XV are present, entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Virgina or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 36 (Thursday, February 22, 2024)</title>
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[Federal Register Volume 89, Number 36 (Thursday, February 22, 2024)]
[Rules and Regulations]
[Pages 13274-13276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03590]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0136]
RIN 1625-AA00
Safety Zone, Installation Area for Offshore Wind Power
Transmission Export Cables, Atlantic Ocean, Virginia Beach, Virginia
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within 550-yards of a near shore construction site
near the State Military Reservation, in Virginia Beach, Virginia. The
safety zone will protect personnel, vessels, and the marine environment
from potential hazards created by subsurface construction. Operations
are planned to bore tunnels to carry electric transmission lines below
the Atlantic Ocean. When the M/V RAM XII or the M/V RAM XV are present,
entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Sector Virgina or a
designated representative.
DATES: This rule is effective from March 1, 2024 through December 31,
2024.
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-
2024-0136 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 about this rule,
call or email LCDR Ashley Holm, Chief, Waterways Management Division
U.S. Coast Guard; 757-617-7986, <a href="/cdn-cgi/l/email-protection#ebaa9883878e92c5aec5a3848786ab9e98888cc5868287"><span class="__cf_email__" data-cfemail="2c6d5f44404955026902644340416c595f4f4b02414540">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port, Sector Virginia
CFR Code of Federal Regulations
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
On February 6, 2024, the Virginia Electric and Power Company, doing
business as Dominion Energy, notified the Coast Guard that they plan to
begin tunneling work east of the State Military Reservation in Virginia
Beach, Virginia in the first week of March 2024, specifically in waters
within one half mile of the shoreline. The work involves the use of
dynamic positioning for tunnel placement, excavation equipment, divers
in shallow water, and the coordination of approximately seven vessels.
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are impracticable.
The Coast Guard finds that good cause exists for not publishing a
notice of proposed rulemaking (NPRM) with respect to this rule because
publishing notice, and receiving, considering and responding to
comments between now and March 1, 2024, when the safety zone must be in
effect, is impracticable.
Also, 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 because there are less than 30 days
remaining before March 1, when the safety zone must be in place to
serve its purpose.
III. Legal Authority and Need for Rule
The Captain of the Port, Sector Virginia (COTP) has determined that
potential hazards associated with the construction of subsurface
tunnels will create a safety concern that necessitates prohibiting
vessels approaching the subsea tunneling site. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the tunneling operations are
conducted. The Coast Guard is issuing this rule under authority in 46
U.S.C. 70034.
IV. Discussion of the Rule
This rule establishes a safety zone from March 1, 2024, until
December 31, 2024, during which Dominion Energy will be tunneling to
lay electric transmission lines below the Atlantic Ocean. The safety
zone will cover all navigable waters within 550 yards of the position
36[deg]48'57.6'' N 75[deg]57'43.2'' W, a distance selected to encompass
all vessels and machinery being used by personnel to conduct tunneling
operations. Consistent with its purpose of protecting personnel,
vessels, and the marine environment in these navigable waters while the
tunneling operations are conducted, the zone will only be subject to
enforcement when such vessels are present. During subsurface
construction operations, 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
[[Page 13275]]
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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on a formal
navigational risk assessment, as required by the project permitting
process which preceded the request to the Coast Guard. This study
considered the vessels using the area. The use of unrestricted waters
to the east of the working site would allow vessels normally transiting
this location access to the other side in less than an hour detour. The
zone itself is not unique to the coastal environment and exclusion of
vessels from these waters would not harm the human environment, as the
shoreline is already a military reserve with restricted access to the
public. The Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule will allow
vessels to seek permission to enter the zone.
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 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 a
safety zone enforceable only during working periods that will prohibit
entry within 550 yards of a tunneling site, during the months of March
through December of 2024. It is categorically excluded from further
review under paragraph L[60a] 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, Security measures, and 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, 70124; 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. Add Sec. 165.T05-0136 to read as follows:
[[Page 13276]]
Sec. 165.T05-0136 Safety Zone, Installation Area for Offshore Wind
Power Transmission Export Cables, Atlantic Ocean, Virginia Beach,
Virginia.
(a) Location. The following area is a safety zone: All waters
within 550 yards of the center point of the installation site at
position 36[deg]48'57.6'' N 75[deg]57'43.2'' W to include the shoreline
within the radius. These coordinates are based on WGS 84.
(b) Definitions. As used in this section, designated representative
means 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 the masters of
the Lift Boats RAM XII and/or RAM XV, 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 vessels or persons may enter the safety zone
described in paragraph (a) of this section unless authorized by the
COTP or the COTP's designated representative.
(2) To seek permission to enter, vessels should contact the Lift
Boats RAM XII and/or RAM XV via VHF-FM Channel 16. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative for the purposes of
instructions for safe transit.
(d) Enforcement period. This zone will be in effect and subject to
enforcement during such times as the Lift Boats RAM XII and/or RAM XV
is present within the zone, between March 1, 2024, and December 31,
2024.
Dated: February 14, 2024.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2024-03590 Filed 2-21-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 22, 2024.
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