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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Proposed Rules
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 proposed 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 would be made by Sector Virginia Broadcast Notice to Mariners and broadcasts on VHFFM
radio. During enforcement periods, mariners would 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 would be established as a mooring area/
safe harbor area in Willoughby Bay.
Specifically, 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 would 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 would 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 would be 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 would 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 would be required to proceed with extreme caution and maintain a safe distance from construction equipment. Passing arrangements, if necessary, would be allowed to be requested from the on-site foreman via VHF Channel 13 and 16 at any time.

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The fifth safety zone Zone 5: South Trestle Bridge and South Island would be 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 would be permitted within the fixed safety zone without permission of the COTP or HRCP, or their designated representatives. 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 would be required to proceed with extreme caution and maintain a safe distance from construction equipment.
The sixth safety zone Zone 6:
Willoughby Bay Bridge would be 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 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 summarized our analyses based on a number of these statutes and Executive Orders, and we discussed First Amendment rights of protestors.

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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 NPRM has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, the NPRM
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. 601612, 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.
605b that this proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator because the ability to transit safely around or through the impacted area will be ensured.
The Coast Guard is aware that there are some small entities who operate commercial fishing vessels that do fish and set traps in some or all 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 a significant economic impact. However, the Coast Guard concludes that the number of small entities significantly affected would not be substantial.
If you think that your business, organization, or governmental
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