Rule2025-06681
Safety Zone; Cable Laying Corridor, Atlantic Ocean, Virginia Beach, Virginia
Primary source
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Published
April 21, 2025
Effective
April 21, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary, moving safety zone to surround nearshore operations conducted by a cable laying barge. This action is necessary to provide for the safety of life on these navigable waters near Virginia Beach, Virginia. Cable lay and burial operations will create navigational hazards moving along a corridor from shore extending seaward 12 NM. This rulemaking will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port, Sector Virginia or a designated representative.
Full Text
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<title>Federal Register, Volume 90 Issue 75 (Monday, April 21, 2025)</title>
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[Federal Register Volume 90, Number 75 (Monday, April 21, 2025)]
[Rules and Regulations]
[Pages 16639-16642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06681]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1093]
RIN 1625-AA00
Safety Zone; Cable Laying Corridor, Atlantic Ocean, Virginia
Beach, Virginia
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary, moving safety
zone to surround nearshore operations conducted by a cable laying
barge. This action is necessary to provide for the safety of life on
these navigable waters near Virginia Beach, Virginia. Cable lay and
burial operations will create navigational hazards moving along a
corridor from shore extending seaward 12 NM. This rulemaking will
prohibit persons and vessels from entering the safety zone unless
authorized by the
[[Page 16640]]
Captain of the Port, Sector Virginia or a designated representative.
DATES: This rule is effective without actual notice from April 21, 2025
through March 1, 2026. For the purposes of enforcement, actual notice
will be used from March 2, 2025, until April 21, 2025.
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-
2024-1093 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
rulemaking, call or email LCDR Justin Strassfield, Sector Virginia,
Waterways Management Division, U.S. Coast Guard, Telephone: (571) 608-
2969; or <a href="/cdn-cgi/l/email-protection#33455a41545a5d5a52445247564144524a4073464050541d5e5a5f"><span class="__cf_email__" data-cfemail="e4928d96838d8a8d85938590819693859d97a491978783ca898d88">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
CLB Cable Lay/Layer Barge
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NEPA National Environmental Policy Act of 1969
NM Nautical Miles
ROD Record of Decision
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 28, 2024, the Bureau of Ocean Energy Management (BOEM)
approved the Construction and Operations Plan for the Coastal Virginia
Offshore Wind--Commercial (CVOW-C) Project. As explained in the Record
of Decision (ROD) \1\ for the project, the action consists of the
construction, operation, maintenance, and eventual decommissioning of a
wind energy facility consisting of up to 202 wind turbine generators
and three offshore substations in Lease Area OCS-A 0483 and associated
export cables located offshore Virginia. In December 2023, Dominion
Energy notified the Coast Guard that it would begin construction of the
generators and substations, and the Coast Guard issued a temporary
final rule establishing a safety zone around the construction areas on
March 26, 2024 (89 FR 20851). On December 3, 2024, Dominion Energy
notified the Coast Guard that it planned to begin the cable laying
portion of the project in January 2025 and Dominion Energy requested
that the Coast Guard establish a moving safety zone to limit access to
areas surrounding the cable laying operations, to be conducted by the
CLB (cable layer barge) ULISSE.
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\1\ BOEM announced the availability of the ROD at 88 FR 75624
(Nov. 3, 2023). The ROD is available online, at <a href="https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/CVOW-C-ROD.pdf">https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/CVOW-C-ROD.pdf</a>.
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To address stability requirements for the cable laying and burial
process, the CLB uses multipoint anchorage configurations which are
highly dynamic and which create large, unseen hazards to navigation. To
mitigate these hazards, someone familiar with the CLB's current
anchoring positions must determine if there are safe transit corridors
within 1000 yards of the CLB to allow a vessel to transit, or if a
transiting vessel must avoid the full 1000 yards radius of the safety
zone. The Sector Virginia Captain of the Port (COTP) therefore
determined that the hazards associated with anchorage arrangements
warranted action by the Coast Guard, and the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Safety Zone; Cable Laying
Corridor, Atlantic Ocean, Virginia Beach, Virginia'' on Jan 15, 2025
(90 FR 3729). During the comment period that ended Jan 29, 2025, we
received one submission.
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 action is needed to protect
personnel, and vessels in the navigable waters within the moving safety
zone while cable laying operations conducted by the CLB ULISSE are
underway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. As explained in section II, above, the anchorage
configurations used to support the cable laying and burial operations
are highly dynamic and create large, unseen hazards to navigation. A
safety zone is needed to allow a designated representative, in
communication with the anchor-handling vessels, to determine if safe
transit corridors exist, whether to allow transit through the safety
zone, and to communicate these hazards and possible safe transit
corridors, thereby allowing the Coast Guard to minimize the burden on
non-project vessels seeking to transit safely through or around the
safety zone.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one submission. The commenter raised
both environmental concerns associated with the underlying cable laying
action and concerns associated with the potential effect of the
proposed safety zone on navigation and commercial fishing. He requested
a reduction both in the size of the safety zone and in its duration. He
also requested that there be an environmental assessment or
environmental impact statement, in accordance with the National
Environmental Policy Act of 1969 (NEPA). The establishment of the
safety zone, however, is independent of authorization to conduct the
underlying cable laying operations, and the environmental issues the
commenter raises are therefore outside the scope of this rulemaking.
The commenter may wish to direct his environmental concerns to BOEM,
which, as noted in a footnote in the background section. We will,
however, address the commenter's recommendations relating to the impact
of the safety zone on navigation and on commercial fishing operations.
To address his commercial fishing and navigation concerns, the
commenter recommended that the Coast Guard:
<bullet> Reduce the safety zone to 500 yards, which, the commenter
says, would still provide a buffer around the cable-laying barge while
mitigating undue restrictions on fishing vessels;
<bullet> Designate safe (static) transit corridors through the
affected area, allowing vessels to navigate safely without needing COTP
permission for every transit;
<bullet> Implement time-of-year restrictions that avoid peak
spawning and migration periods for blue crabs and finfish species. The
commenter may wish to direct his environmental concerns to BOEM, which,
as noted in a footnote in the background section, evaluated the
environmental effects of the CVOW-C project in a ROD announced November
3, 2023.
The Coast Guard weighed designation of the safety zone and possible
alternatives, including reducing the size of the zone, or not
designating any safety zone at all, against the Coast Guard's interest
in mitigating navigational risk associated with the hazards created by
the required anchoring arrangements. We have explained above, the
reason the Coast Guard concluded there is a need to have a safety zone,
and the reason we cannot designate a static safety zone which would not
require vessels to obtain
[[Page 16641]]
permission for every transit. Here, we explain why reducing the size of
the safety zone was not considered a workable solution.
The anchor lines required for proper operation of the CLB ULISSE
can at times extend up to 3280 feet from the barge. In addition, the
barge will continue to operate 24 hours a day in sea States that might
present visibility challenges for mariners attempting to recognize the
location of these lines and to assess the draft allowances the lines
would allow for vessels to safely cross over them, if that is even
possible, given the tension on the line and the depth of the water.
While reducing the size of the safety zone is not a viable alternative,
we note that the area within which the safety zone will move is
limited. The operational boundaries described in this rule, which
extend up to 12 miles from shore, identify a corridor within which the
CLB ULLISE is expected to place anchors, and at no time will operations
impact more than 20% of the waters in the corridor. As this rule
describes mitigations to the risks identified by anchors, the size of
the moving zone being reduced to significantly smaller than the size of
the possible anchorage arrangement, was not considered a workable
alternative.
Implementing time of year restrictions on the cable laying
operations is beyond the scope of the Coast Guard's authorities. As we
explain above, the Coast Guard is not the agency charged with approving
the project and with placing restrictions on how it is accomplished.
The Coast Guard's role here is limited to mitigating the navigational
risks associated with the project, as it has been approved. Moreover, a
decision to not support the operation with a safety zone would not
prevent the project from occurring, as it is not the Coast Guard which
authorized the action. Failing to designate the safety zone would
merely leave the risks identified unmitigated.
We intend to by designate a US flagged vessel working with the
project as a representative, thereby providing vessels seeking to
transit up-to-date information on the safety of transiting to the east
of the zone, to the west of the zone, or through the zone. Due to the
implementation of this rule, safe transit corridors will be identified
when they exist and provided to mariners who communicate with the
designated representative that they will have difficulty transiting
around the zone. Without this rule, the hazards would remain, and less
information would be provided.
For the reasons stated above, there are no changes in the
regulatory text of this rule from the proposed rule in the NPRM except
that the dates provided in the enforcement period paragraph have been
pushed forward by a few days.
This rule establishes a safety zone on March 2, 2025, for
approximately one year. The safety zone will cover all navigable waters
within 1000 yards of the CLB ULISSE, only while it conducts cable
handling and burial in the Atlantic Ocean beginning roughly 300 yards
from the shore of the State Military Reservation in Virginia Beach,
Virginia out to 12 NM, the U.S. Territorial Seas border. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters during the 365-day period. No vessel or person would
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.
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.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. Vessel
traffic would be able to safely transit around this safety zone to the
east initially without losing sight of land and the impact the
nearshore recreational boaters near Rudee Inlet in Virginia Beach,
Virginia would be reduced further as the CLB moves further from shore,
providing safe transit options to the west along the shoreline.
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 did not receive any 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 zones may be small entities, for the reasons stated in section
IV.A above, this rule would 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
[[Page 16642]]
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 the
establishment of safety zones to protect the public from hazards
created by cable laying and burial operations, as well as the anchoring
configurations, required for the operations of the CLB ULISSE. 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.
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, 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.T05-1093 to read as follows:
Sec. 165.T05-1093 Safety Zone; Cable Laying Corridor, Atlantic Ocean,
Virginia Beach, Virginia.
(a) Location. The following area is a moving safety zone: Any
navigable waters located within 1000 yards in all directions from the
Cable Laying Barge (CLB) ULISSE while operating off the coast of
Virginia Beach, Virginia while it conducts work within 12 nm of the
shore. The CLB operations will occur within a perimeter enclosed by
positions: 36[deg]49'4.8'' N, 75[deg]57'43.2'' W; 36[deg]49'13.9'' N,
75[deg]42'39.8'' W; 36[deg]47'11.7'' N, 75[deg]41'50.8'' W and
36[deg]48'28.8'' N, 75[deg]57'43.2'' W.
(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 zone. The term also includes the master of a U.S.-flagged
vessel, initially the Tug Washington, supporting the CLB ULISSE for the
sole purpose of designating and establishing safe transit corridors, to
permit passage into or through this safety zone, or to notify vessels
and individuals of the actual hazards present if they have entered the
safety zone and inform them of the safe direction to which they should
depart. If the US flagged vessel supporting the CLB changes, updates
will be provided in the District Five Local Notice to Mariners.
(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 this safety zone must first
contact the designated representative who 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 moving safety zone.
(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 subject to enforcement
from March 2, 2025, until March 1, 2026. If cable laying work is
completed before March 1, 2026, or for a different reason the COTP
determines the zone need no longer be enforced, they will issue a
general permission to enter.
Dated: March 2, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2025-06681 Filed 4-18-25; 8:45 am]
BILLING CODE 9110-04-P
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