
[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50571-50574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19986]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0693]
RIN 1625-AA00


Safety Zone; Elizabeth River; Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rule Making.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
navigable waters of the Elizabeth River in the vicinity of the Midtown 
Tunnel, Portsmouth, Virginia for 12 periods of 48 hours each beginning 
at midnight on January 1, January 12, January 19, January 22, January 
27, February 9, March 2, March 5, March 10, March 23, March 30 and 
April 6, 2015. This proposed safety zone is intended to restrict vessel 
movement in the specified area during the construction of the new 
Midtown Tunnel. This action is necessary to provide for the safety of 
life and property on the surrounding navigable waters during the 
aforementioned dates due to the increased amount of work vessels in the 
area.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 24, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Gregory Knoll, Waterways Management Division Chief, 
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, email

[[Page 50572]]

HamptonRoadsWaterway@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to www.regulations.gov, type the 
docket number [USCG-2014-0693] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0693] in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. However, you may 
submit a request for one at least 15 days prior to the end of the 
comment period specified in DATES, using one of the methods specified 
under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine that a public meeting would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    SKW Constructors is constructing a new Midtown Tunnel in the 
Elizabeth River connecting Norfolk, VA to Portsmouth, VA. The project 
has been ongoing since 2011. This is the first stage of construction 
that requires a closure of the waterway.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    Due to increased vehicle traffic in the Hampton Roads area, SKW 
Constructors, in concert with Elizabeth River Crossings and the 
Virginia Department of Transportation, is constructing a second tunnel 
parallel to the existing Midtown Tunnel between Norfolk, VA and 
Portsmouth, VA. The construction will consist of submerging segments of 
the new Midtown Tunnel in the Elizabeth River. Due to the high volume 
of working vessels and submerged equipment, the Coast Guard proposes to 
close the Elizabeth River for twelve 48-hour periods to allow SKW 
Constructors to install the segments of the tunnel that overlap the 
federal channel. The Coast Guard proposes to establish a safety zone in 
a portion of the Elizabeth River between Elizabeth River Channel Buoy 
31 (LLNR 9835) and Elizabeth River Channel Buoy 34 (LLNR 9835). The 
proposed closures will last 48 hours in length, with each respective 
period beginning on January 1, January 12, January 19, January 22, 
January 27, February 9, March 2, March 5, March 10, March 23, March 30 
and April 6, 2015. The dates and hours are subject to change due to 
weather, scheduling conflicts, equipment failure and other unforeseen 
factors. Any changes to these dates will be listed in the Final Rule 
and communicated via marine information broadcasts.

D. Discussion of the Proposed Rule

    The Captain of the Port of Hampton Roads proposes to establish a 
safety zone within the waters of the Elizabeth River, from Elizabeth 
River Channel Buoy 31 (LLNR 9835) to Elizabeth River Channel Buoy 34 
(LLNR 9855) across the entire width of the channel, in the vicinity of 
Portsmouth, VA. This proposed safety zone will be enforced for twelve 
48 hour periods beginning at midnight on January 1, January 12, January 
19, January 22, January 27, February 9, March 2, March 5, March 10, 
March 23, March 30 and April 6, 2015. In the event of inclement weather 
that prevents the necessary work from taking place safely, each time 
period may be pushed back by up to 24 hours. Appropriate notifications 
will be made via marine information broadcasts in the event of a change 
in the schedule as soon as possible. Access to the safety zone will be 
restricted during the specified dates and times.
    Except for vessels authorized by the Captain of the Port or his 
designated Representative, no person or vessel may enter or remain in 
the safety zone during the time frame listed. The Captain of the Port 
will give notice of the enforcement of the safety zone by all 
appropriate means to provide the widest dissemination of notice among 
the affected segments of the public. This will include publication in 
the Local

[[Page 50573]]

Notice to Mariners and Marine Information Broadcasts.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The primary impact of 
these regulations will be on vessels wishing to transit the affected 
waterways during the safety zone on the Elizabeth River in the vicinity 
of Portsmouth, VA. Although these regulations prevent traffic from 
transiting a portion of the Elizabeth River during the construction, 
that restriction is limited in duration, affects only a limited area, 
and will be well publicized to allow mariners to make alternative plans 
for transiting the affected area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in specified waters of the Elizabeth 
River during the outlined timeframe.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) The 
safety zone will only be in place for a limited duration, (ii) before 
the enforcement period, maritime advisories will be issued allowing 
mariners to adjust their plans accordingly, and (iii) the Captain of 
the Port may grant permission to transit through the zone on a limited 
basis.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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 contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. 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).

5. Federalism

    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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule will not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (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

[[Page 50574]]

environment. This proposed rule involves the establishment of a safety 
zone. This proposed rule is categorically excluded from further review 
under paragraph 34-g of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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 proposes 
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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T05-0693 to read as follows:


Sec. 165.T05-0693  Safety Zone, Elizabeth River; Portsmouth, VA

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, U.S. Coast Guard Sector Hampton Roads. 
Representative means any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port Hampton 
Roads to assist in enforcing the security zone described in paragraph 
(b) of this section.
    (b) Location. The following area is a safety zone: Specified waters 
of the Captain of the Port Sector Hampton Roads zone, as defined in 33 
CFR 3.25-10: the Elizabeth River between Elizabeth River Channel Buoy 
31 and Elizabeth River Channel Buoy 34, across the entire width of the 
federal channel.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
Representative.
    (2) Persons desiring to transit the area of the security zone must 
first obtain authorization from the Captain of the Port Hampton Roads 
or his designated Representative. The Coast Guard vessels enforcing 
this section can be contacted on Marine Band Radio, VHF-FM channel 16 
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other 
Federal, State, or local agency vessel, by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port Hampton Roads or his 
designated Representative and proceed at the minimum speed necessary to 
maintain a safe course while within the zone.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and 
channel 16 (156.8 Mhz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement Period: This section will be enforced from 12 a.m. 
January 1 to 11:59 p.m. January 2, 2015; 12:00 a.m. January 12 to 11:59 
p.m. January 13, 2015; 12 a.m. January 19 to 11:59 p.m. January 20, 
2015; 12 a.m. January 22 to 11:59 p.m. January 23, 2015; 12 a.m. 
January 27 to 11:59 p.m. January 28, 2015; 12 a.m. February 9 to 11:59 
p.m. February 10, 2015; 12 a.m. March 2 to 11:59 p.m. March 3, 2015; 12 
a.m. March 5 to 11:59 p.m. March 6, 2015; 12 a.m. March 10 to 11:59 
p.m. March 11, 2015; 12 a.m. March 23 to 11:59 p.m. March 24, 2015; 12 
a.m. March 30 to 11:59 p.m. March 31, 2015; and 12 a.m. April 6 to 
11:59 p.m. April 7, 2015. In the event of inclement weather, each date 
will be shifted up to 24 hours later.

    Dated: August 8, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2014-19986 Filed 8-22-14; 8:45 am]
BILLING CODE 9110-04-P


