[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51612-51616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20006]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0117]
RIN 1625-AA00


Safety Zones; Hampton Roads Bridge-Tunnel Expansion Project, 
Hampton/Norfolk, VA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing safety zones for certain 
waters of the Hampton Flats, Willoughby Bay, a defined area between 
Phoebus Channel and the North Trestle Bridge, and 3 zones around the 
North Trestle Bridge including the North Island, the South Trestle 
Bridge including the South Island, and the north and south side of the 
Willoughby Bay Bridge. This action is necessary to provide for the 
safety of life on these navigable waters in support of the Hampton 
Roads Bridge-Tunnel Expansion Project that will take place from 2021 
through 2025. This rule prohibits persons and vessels from being in the 
safety zones unless authorized by the Captain of the Port Sector 
Virginia or a designated representative or under conditions specified 
in this rule.

DATES: This rule is effective without actual notice September 16, 2021, 
though December 25, 2025. For the purposes of enforcement, actual 
notice will be used from September 10, 2021, until September 16, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0117 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, Waterways Management Division Chief, 
Sector Virginia, U.S. Coast Guard; telephone 757-668-5580, email 
Ashley.E.Holm@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP U.S. Coast Guard Captain of the Port
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

II. Background Information and Regulatory History

    In April 2019, the Virginia Department of Transportation (VDOT) 
awarded the design and construction of the Hampton Roads Bridge-Tunnel 
(HRBT) Expansion Project to the Hampton Roads Connector Partners 
(HRCP), as the Design-Build contactor. The HRBT Expansion Project is a 
major road transport infrastructure project that will create an 8-lane 
facility with 6 consistent use lanes along 9.9 miles of Interstate 64 
(I-64), from Settler's Landing Interchange in Hampton, Virginia, to the 
Interstate 564 (I-564) interchange in Norfolk, Virginia. To better 
understand the waterways impact from the project, the USCG and U.S. 
Army Corps of Engineers (USACE) recommended the submission of a formal 
Navigation Safety Risk Assessment (NSRA) and Tunnel Construction Plan 
(TCP) prior to any permit or approval action by the U.S. Army Corps of 
Engineers.\1\ The NSRA identified three key objectives for 
consideration. The first included potential impacts to current and 
forecasted vessel traffic directly related to the bridge and tunnel 
construction including all on-water operations and staging areas. The 
second aimed to identify the best/least disruptive times to schedule 
movement of construction-related vessels. Finally, it identified the 
measures necessary for implementation in order to minimize potential 
hazards to navigation. On-water construction activities are expected to 
last approximately 5 years (2021-2025). In support of construction 
efforts, multiple surface craft will be necessary on-site, transiting 
to and from, as well as pre-staged, to ensure continued operations are 
maintained. The increase in waterborne traffic in the vicinity of 
construction areas and staging areas will introduce hazards to 
waterways users prior to and throughout the duration of the 
construction project. Specific hazards during the construction project 
include the proximity of dozens of construction-related vessels in the 
bridge area and fleeting areas, including material barges and 
construction equipment barges. In addition, construction of navigable 
spans by this equipment, as well as construction lighting and loud 
construction activity noises will make normal passage through the 
bridge areas unsafe except in areas specifically established as safe 
transit corridors by the project contractors, HRCP. The Sector Virginia 
Captain of the Port (COTP) has determined that these potential hazards 
associated with the HRBT Expansion Project will be a safety concern for 
anyone transiting in the vicinity of on-water construction activities 
related to the project. To discuss these safety concerns, 
representatives of the HRCP along with the COTP's staff conducted a 
series of outreach meetings. These meetings covered the HRBT Expansion 
Project and the notional safety zones that would mitigate the hazards 
discussed above. Due to the COVID-19 pandemic, those outreach meetings 
were conducted virtually on May 5th, 6th, and 7th, 2020. They were 
announced beforehand by a marine safety information bulletin \2\ issued 
by the COTP, which is distributed to over 1,000 subscribed maritime 
stakeholders by email, along with direct email notification to 
community organizations in the coastal areas of the cities of Norfolk 
and Hampton, Virginia, which are the two cities in the immediate area 
of the construction activity. Twenty-six

[[Page 51613]]

individuals in addition to Coast Guard personnel participated in the 
meetings. The feedback received was consistent that the HRBT Expansion 
Project would create hazards to navigation for recreational vessels and 
that the suggested safety zones would help mitigate the risks. 
Additionally, community members expressed support that HRCP would have 
the ability to designate safe transit corridors through the South 
Trestle Bridge and Willoughby Bay Bridge to ensure that coastal 
property owners could still access the waters of Hampton Roads and 
southern Chesapeake Bay during the duration of the construction 
project. The text of the regulation has been drafted to incorporate 
feedback from these sessions.
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    \1\ See Memorandum of Agreement between the United States Army 
Corps of Engineers and the United States Coast Guard, dated June 2, 
2000 (available at: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/2518).
    \2\ See USCG Sector Virginia Marine Safety Information Bulletin 
#20-113 (available at https://content.govdelivery.com/accounts/USDHSCG/bulletins/289cb80).
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    On August 5, 2021, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Safety Zones; Hampton Roads Bridge-Tunnel 
Expansion Project,'' 86 FR 42758. There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this project. During the comment period that ended September 7, 2021, 
we received no comments.
    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 and contrary to the public interest. 
Immediate action is needed to respond to the potential safety hazards 
associated with the HRBT construction project.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Virginia 
(COTP) has determined that potential hazards associated with the 
Hampton Roads Bridge Tunnel Project beginning in summer 2021 will be a 
safety concern for anyone operating within the vicinity of the 
construction related activity. The purpose of this rule is to ensure 
safety of vessels operating in the vicinity of all construction related 
activity in support of the HRBT and the navigable waters in the safety 
zone for the duration of the project.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 7, 2021. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes multiple safety zones to promote safety to 
waterways users during the HRBT Expansion Project. The Coast Guard 
currently anticipates the need for 6 safety zones. The safety zones 
will be used to accommodate pre-staged waterborne equipment and 
establish buffer zones around two marine staging areas, one safe harbor 
in case of anticipated severe weather, and the marine construction work 
sites expected in the vicinity of the North Trestle Bridge and North 
Island, South Trestle Bridge and South Island and the north and south 
side of the Willoughby Bay Bridge.
    The first safety zone (Zone 1: Hampton Flats Mooring Area) is being 
established in the Hampton Flats covering a mooring/staging area to 
accommodate 6 barges. Specifically, the first safety zone covers 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. The Hampton Flats Mooring Area will provide critical staging 
capability necessary to the project. Once the HRCP begins the 
installation of mooring buoys within the mooring area, the public will 
be restricted entry or mooring within the safety zone. Mariners will be 
required to observe lighted marker buoys along the perimeter and at 
each of the corners marking the safety zone. In the event of inclement 
weather, this mooring/staging area will not be able to be used for safe 
refuge.
    The second safety zone (Zone 2: Phoebus Safe Harbor Area) is being 
established as a safe harbor area between Phoebus Channel and the North 
Trestle Bridge in the event of anticipated severe weather. 
Specifically, it covers 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. While this rule 
is effective, no vessel or person would be permitted to anchor within 
the safety zone during announced enforcement periods without first 
obtaining permission from the COTP or designated representative. Such 
announcements will be made by Sector Virginia Broadcast Notice to 
Mariners and broadcasts on VHF-FM radio. During enforcement periods, 
mariners will be required to observe lighted marker buoys along the 
perimeter and at each of the corners marking the safety zone.
    The third safety zone (Zone 3: Willoughby Safe Harbor/Mooring Area) 
is being established as a mooring area/safe harbor area in Willoughby 
Bay. Specifically, it covers all waters of Willoughby Bay, from surface 
to bottom, encompassed by a line connecting the following five 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. Once the HRCP begins the 
installation of mooring buoys within the mooring area, the public will 
be restricted entry or mooring within the safety zone unless permission 
from the COTP, HRCP, or their designated representative is granted on a 
case-by-case basis. Mariners will be required to observe lighted marker 
buoys along the perimeter and at each of the corners marking the safety 
zone.
    The fourth safety zone (Zone 4: North Trestle Bridge and North 
Island) is being established from surface to bottom for the safety of 
waterways users in the vicinity of ongoing construction activity on the 
east and west sides of the Hampton Roads Bridge-Tunnel's north bridge 
trestle and North Island. No vessel or person at any time will be 
permitted within the fixed safety zone, 300 feet from the east or west 
side of the North Trestle Bridge or the North Island. All mariners 
attempting to enter or depart the Hampton Creek Approach Channel or the 
Phoebus Channel in the vicinity of the North Island will be required to 
proceed with extreme caution and maintain a safe distance from 
construction equipment. Passing arrangements, if necessary, will be 
allowed to be requested from the on-site foreman via VHF Channel 13 and 
16 at any time.
    The fifth safety zone (Zone 5: South Trestle Bridge and South 
Island) is being established, from surface to bottom, 300 feet from the 
east or west side of the South Trestle Bridge or the South Island. This 
zone is needed for the safety of waterways users in the vicinity of 
ongoing construction activity on the east and west sides of the Hampton 
Roads Bridge-Tunnel's south bridge trestle and South Island. No vessel 
or person at any time will be permitted within the fixed safety zone 
without permission of the COTP or HRCP, or their designated 
representatives. HRCP may establish

[[Page 51614]]

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 will be required to proceed with 
extreme caution and maintain a safe distance from construction 
equipment.
    The sixth safety zone (Zone 6: Willoughby Bay Bridge) is being 
established, from surface to bottom, within 50 feet of the north side 
and 300 feet of the south side of the Willoughby Bay Bridge. This 
safety zone is needed for the safety of waterways users in the vicinity 
of ongoing construction activity on the north and south sides of the 
Willoughby Bay Bridge. 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. Mariners 
requesting to transit through other areas of the safety zone may do so 
at any time by contacting the on-site foreman via VHF Channel 13 and 
16.
    The regulatory text appears at the end of this document.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 a comprehensive 
marine traffic survey conducted for all current and forecasted vessel 
traffic in the vicinity of the HRBT Expansion Project. The survey was 
used to inform mitigation strategies, minimize disruptions to 
navigation, reduce risks of marine casualties and determine the size, 
location, duration and time-of-day of the recommended safety zones.

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 
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 6 
safety zones that will be activated for the duration of the HRBT 
Expansion Project. Normally such actions are categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction

[[Page 51615]]

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.

    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. 01.2.


0
2. Add Sec.  165.519 to read as follows:


Sec.  165.519  Safety Zones; 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 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 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 VHF-FM channels 13 and 16. If permission is granted, mariners must 
proceed at their own risk

[[Page 51616]]

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.

    Dated: September 10, 2021.
Samson C. Stevens,
Captain, U.S. Coast Guard, Captain of the Port Virginia.
[FR Doc. 2021-20006 Filed 9-15-21; 8:45 am]
BILLING CODE 9110-04-P


