Proposed Rule2025-22175
Safety Zone; Hampton Roads Bridge-Tunnel Expansion Project, Hampton/Norfolk, VA
Primary source
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Published
December 8, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing a temporary rule to provide for safety zones for certain waters near Norfolk Harbor Entrance Reach, near the Hampton Roads Bridge Tunnel expansion project. This action is necessary to provide for the safety of life on navigable waters which are subject to existing safety zones that will expire later this month. This proposed rulemaking would prohibit persons and vessels from entering or occupying the safety zones unless authorized by the Captain of the Port, Sector Virginia or a designated representative or under conditions specified in this rulemaking. We invite your comments.
Full Text
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<title>Federal Register, Volume 90 Issue 233 (Monday, December 8, 2025)</title>
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[Federal Register Volume 90, Number 233 (Monday, December 8, 2025)]
[Proposed Rules]
[Pages 56713-56715]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22175]
[[Page 56713]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1069]
RIN 1625-AA00
Safety Zone; Hampton Roads Bridge-Tunnel Expansion Project,
Hampton/Norfolk, VA
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a temporary rule to provide for
safety zones for certain waters near Norfolk Harbor Entrance Reach,
near the Hampton Roads Bridge Tunnel expansion project. This action is
necessary to provide for the safety of life on navigable waters which
are subject to existing safety zones that will expire later this month.
This proposed rulemaking would prohibit persons and vessels from
entering or occupying the safety zones unless authorized by the Captain
of the Port, Sector Virginia or a designated representative or under
conditions specified in this rulemaking. We invite your comments.
DATES: Comments and related material must be received by the Coast
Guard on or before December 22, 2025.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-1069.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact LCDR Justin Z. Strassfield, Sector Virginia
Waterways Management Division, U.S. Coast Guard; by phone, at (206)
815-7367, or by email, at <a href="/cdn-cgi/l/email-protection#0f59667d686661666e586e766a7d786e767c4f7a7c6c6821626663"><span class="__cf_email__" data-cfemail="1147786376787f787046706874636670686251646272763f7c787d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR--Code of Federal Regulations
COTP--U.S. Coast Guard Captain of the Port, Sector Virginia
DHS--Department of Homeland Security
FR--Federal Register
HRBT--Hampton Roads Bridge-Tunnel
HRCP--Hampton Roads Connector Partners
NPRM--Notice of proposed rulemaking
NSRA--Navigation Safety Risk Assessment
Sec. --Section
U.S.C.--United States Code
USCG--United States Coast Guard
USACE--United States Army Corps of Engineers
VDOT--Virginia Department of Transportation
II. Background and Authority
On September 16, 2021, after providing notice and an opportunity to
comment, the Coast Guard promulgated a temporary rule entitled ``Safety
Zones; Hampton Roads Bridge-Tunnel Expansion Project, Hampton/Norfolk,
VA.'' See 86 FR 51612. Although the Coast Guard did not receive any
comments within the comment period, the rule was preceded by a formal
Navigational Safety Risk Assessment and by a series of outreach
meetings held jointly by the Coast Guard and the Hampton Roads
Connector Partners (HRCP), the Design-Build contactor for the Hampton
Roads Bridge-Tunnel (HRBT) Expansion Project. See <a href="https://www.federalregister.gov/d/2021-20006/p-19">https://www.federalregister.gov/d/2021-20006/p-19</a> for additional details about
the project and the earlier rulemaking.
The 2021 rule, which is codified at 33 CFR 165.519, will expire on
December 25, 2025. As substantial work needs to be done to complete the
HRBT expansion project, we are now proposing a new temporary rule with
a different citation which would provide for safety zones in the
current safety zone locations for up to 5 more years, until December
20th of 2030.
III. Discussion of the Rule
The proposed rule would create safety zones which would be
identical to those now codified at 33 CFR 165.519 and described at 86
FR 51612 except that the new rule, would have a different citation, a
different expiration date, additional means of contacting the
designated representatives, and a provision stating that, in the event
the rule, or individual safety zones are no longer necessary, the COTP
would provide notice that the rule, or any individual safety zones
established by the rule, were no longer subject to enforcement. The
full proposed regulatory text appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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. 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. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities. 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 for the following reasons.
The Coast Guard is aware that there are some small entities who
operate commercial fishing vessels that did fish and set traps in some
of the proposed safety zones. There is a possibility that for a very
small number of entities the economic impact of this proposed rule
caused by exclusion from the safety zone areas they typically fish
could constitute an economic impact. However, the Coast Guard concludes
that the number of small entities significantly affected would not be
substantial given the areas that vessels would be excluded from has
already been closed to them for over 4 years.
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 proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule will
affect your small business, organization, or governmental jurisdiction
and you have questions, contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. Small businesses may send comments to the
Small Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards by calling 1-888-
REG-FAIR (1-888-734-3247).
B. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
C. Federalism and Indian Tribal Governments
We have analyzed this proposed rule under Executive Order 13132,
Federalism, and have determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in that Order.
[[Page 56714]]
Also, this proposed 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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this proposed rule will not
result in an annual expenditure of $100,000,000 or more (adjusted for
inflation) by a State, local, or tribal government, in the aggregate,
or by the private sector.
E. 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
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 proposed rule is a safety zone. 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.
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
<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-2025-1069 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.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
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, 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. 01.4.
0
2. Add Sec. 165.T05-1069 to read as follows:
Sec. 165.T05-1069 Safety Zone; Hampton Roads Bridge-Tunnel Expansion
Project, Hampton/Norfolk, VA.
(a) 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 an employee or contractor of
Hampton Roads Connector Partners (HRCP) for the sole purposes 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
leave.
(b) Locations and zone-specific requirements--(1) Zone 1, Hampton
Flats Mooring Area--(i) Location. All waters of the Hampton Flats, from
surface to bottom, encompassed by a line connecting the following
points beginning at 36[deg]59'40.41'' N, 76[deg]22'10.66'' W, thence to
37[deg]00'01.84'' N, 76[deg]21'01.69'' W, thence to 36[deg]59'52.62''
N, 76[deg]20'57.23'' W, thence to 36[deg]59'31.19'' N,
76[deg]22'06.20'' W, and back to the beginning point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. Mariners must observe lighted marker buoys along the
perimeter and at each of the corners marking the safety zone.
(2) Zone 2, Phoebus Safe Harbor Area--(i) Location. All waters west
of the Phoebus Channel, from surface to bottom, encompassed by a line
connecting the following points beginning at 37[deg]00'34.26'' N,
76[deg]19'10.58'' W, thence to 37[deg]00'23.97'' N, 76[deg]19'06.16''
W, thence to 37[deg]00'22.52'' N, 76[deg]19'11.41'' W, thence to
37[deg]00'32.81'' N, 76[deg]19'15.81'' W, and back to the beginning
point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone during announced enforcement periods without permission of
the COTP, HRCP, or designated representative. Such enforcement periods
will be announced by Sector Virginia Broadcast Notice to Mariners and
broadcasts on VHF-FM radio. During enforcement periods, mariners shall
observe lighted marker buoys along the perimeter and at each of the
corners marking the safety zone.
(3) Zone 3, Willoughby Bay Mooring Area--(i) Location. All waters
of Willoughby Bay, from surface to bottom, in the area encompassed by a
line connecting the following points beginning at 36[deg]57'48.68'' N,
76[deg]17'08.20'' W, thence to 36[deg]57'44.84'' N, 76[deg]16'44.48''
W, thence to 36[deg]57'35.31'' N, 76[deg]16'42.80'' W, thence to
36[deg]57'28.78'' N, 76[deg]16'51.75'' W, thence to 36[deg]57'33.17''
N, 76[deg]17'19.43'' W, and back to the beginning point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. Mariners must observe lighted marker buoys along the
perimeter and at each of the corners marking the safety zone.
(4) Zone 4, North Highway Bridge Trestle and North Island--(i)
Location. All waters, from surface to bottom, located within 300 feet
of the east or west side of the Hampton Roads Bridge-Tunnel's north
highway bridge trestle, including North Island, to the shore of the
City of Hampton. No vessel or
[[Page 56715]]
person may enter or remain in the safety zone without permission of the
COTP, HRCP, or designated representative.
(ii) Requirements. All mariners attempting to enter or depart the
Hampton Creek Approach Channel or the Phoebus Channel in the vicinity
of the North Island must proceed with extreme caution and maintain a
safe distance from construction equipment.
(5) Zone 5, South Highway Bridge Trestle and South Island--(i)
Location. All waters, from surface to bottom, located within 300 feet
from the east or west side of the Hampton Roads Bridge-Tunnel's south
highway bridge trestle, including South Island, to the shore of the
City of Norfolk.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. HRCP may establish and post visual identification of
safe transit corridors that vessels may use to freely proceed through
the safety zone. All mariners attempting to enter or depart the
Willoughby Bay Approach Channel in the vicinity of the South Island
shall proceed with extreme caution and maintain a safe distance from
construction equipment.
(6) Zone 6, Willoughby Bay Bridge--(i) Location. All waters, from
surface to bottom, located along the Willoughby Bay Bridge highway
trestle and extending 50 feet to the north side of the bridge and 300
feet to the south side of the bridge along the length of the highway
trestle, from shore to shore within the City of Norfolk.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative, except that vessels are allowed to transit through
marked safe transit corridors that HRCP shall establish for the purpose
of providing navigation access for residents located north of the
Willoughby Bay Bridge through the safety zone. All mariners attempting
to enter or depart residences or commercial facilities north of the
Willoughby Bay Bridge through the safe transit corridors or other areas
of the safety zone when granted permission shall proceed with caution
and maintain a safe distance from construction equipment.
(c) General requirements. (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 (b) of this section
unless authorized by the COTP, HRCP, or designated representative. If a
vessel or person is notified by the COTP, HRCP, or designated
representative that they have entered one of these safety zones without
permission, they are required to immediately leave in a safe manner
following the directions given.
(2) Mariners requesting to transit any of these safety zones must
first contact the HRCP designated representative, the on-site foreman,
via phone at 7577036060 or VHF-FM channels 13 and 16. If permission is
granted, mariners must proceed at their own risk and strictly observe
any and all instructions provided by the COTP, HRCP, 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. The safety zones in this section will be in
effect from December 25, 2025 until December 20, 2030. If the Captain
of the Port, Sector Virgina determines this rule, or any of the safety
zones established by this rule are no longer necessary, we will provide
notice by marine broadcasts and local notice to mariners that the rule,
or individual safety zones established by the rule, are no longer
subject to enforcement.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2025-22175 Filed 12-5-25; 8:45 am]
BILLING CODE 9110-04-P
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