Federal Register - September 16, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations 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.
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. 553d3, 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.
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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 365940.41 N, 762210.66 W, thence to 370001.84 N, 762101.69 W, thence to 365952.62 N, 762057.23
W, thence to 365931.19 N, 762206.20 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 370034.26 N, 761910.58 W, thence to 370023.97 N, 761906.16 W, thence to 370022.52 N, 761911.41
W, thence to 370032.81 N, 761915.81 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 VHFFM radio.
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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 365748.68 N, 761708.20 W, thence to 365744.84 N, 761644.48 W, thence to 365735.31 N, 761642.80
W, thence to 365728.78 N, 761651.75 W, thence to 365733.17
N, 761719.43 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-bycase 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-Tunnels 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-Tunnels 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
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