[Federal Register: April 29, 2003 (Volume 68, Number 82)]
[Proposed Rules]
[Page 22648-22653]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap03-32]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-02-099]
RIN 1625-AA11 (Formerly RIN 2115-AE84)
Regulated Navigation Area in Hampton Roads, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Coast Guard proposes to revise the Regulated Navigation
Area in Hampton Roads, Virginia, by imposing vessel reporting
requirements and speed limit restrictions in certain areas of the port.
These measures are necessary because of the unique physical
characteristics and resources contained in the port. These regulations
will enhance the safety and security of vessels and property in the
Hampton Roads port complex while minimizing, to the extent possible,
the impact on commerce and legitimate waterway use.
DATES: Comments and related material must reach the Coast Guard on or
before May 29, 2003.
ADDRESSES: You may mail comments and related material to the Marine
Safety Division, Fifth Coast Guard District, 431 Crawford Street,
Portsmouth, Virginia 23704. The Marine Safety Division of the Fifth
Coast Guard District maintains the public docket for this rulemaking.
The docket, as well as documents indicated in this preamble as being
available in the docket, will be available for inspection or copying at
the Coast Guard Fifth District, between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Lewis Fisher, Jr., Marine
Safety Division, Fifth Coast Guard District, (757) 398-6387, between 9
a.m. and 3 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-02-
099), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches,
[[Page 22649]]
suitable for copying. If you would like to know they reached us, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to the Marine Safety Division at the
address under ADDRESSES, explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
History
Terrorist attacks on September 11, 2001, inflicted catastrophic
human casualties and property damage. These attacks highlighted the
terrorists' ability and desire to utilize multiple means in different
geographic areas to increase their opportunities to successfully carry
out their mission, thereby maximizing destruction using multiple
terrorist acts.
Since the September 11, 2001 terrorist attacks on the World Trade
Center in New York, the Pentagon in Arlington, Virginia and Flight 93,
the Federal Bureau of Investigation (FBI) has issued several warnings
concerning the potential for additional terrorist attacks within the
United States. The threat of maritime attacks is real as evidenced by
the October 2002 attack on a tank vessel off the coast of Yemen and the
prior attack on the USS Cole. These attacks manifest a continuing
threat to U.S. assets as described in the President's finding in
Executive Order 13273 of August 21, 2002 (67 FR 56215, September 3,
2002) that the security of the U.S. is endangered by the September, 11,
2001 attacks and that such disturbances continue to endanger the
international relations of the United States. See also Continuation of
the National Emergency with Respect to Certain Terrorist Attacks, (67
FR 58317, September 13, 2002); Continuation of the National Emergency
With Respect To Persons Who Commit, Threaten To Commit, Or Support
Terrorism, (67 FR 59447, September 20, 2002). The U.S. Maritime
Administration (MARAD) in Advisory 02-07 advised U.S. shipping
interests to maintain a heightened state of alert against possible
terrorist attacks. MARAD more recently issued Advisory 03-01 informing
operators of maritime interests of increased threat possibilities to
vessels and facilities and a higher risk of terrorist attack to the
transportation community in the United States. The ongoing hostilities
in Afghanistan and growing tensions in Iraq have made it prudent for
U.S. ports and waterways to be on a higher state of alert because the
al Qaeda organization and other similar organizations have declared an
ongoing intention to conduct armed attacks on U.S. interests worldwide.
Due to increased awareness that future terrorist attacks are
possible, the Coast Guard as lead federal agency for maritime homeland
security, has determined that the District Commander must have the
means to be aware of, deter, detect, intercept, and respond to
asymmetric threats, acts of aggression, and attacks by terrorists on
the American homeland while still maintaining our freedoms and
sustaining the flow of commerce. A Regulated Navigation Area is a tool
available to the Coast Guard that may be used to control vessel traffic
by specifying times of vessel entry, movement, or departure to, from,
within, or through ports, harbors, or other waters.
On October 24, 2001, we published a temporary final rule entitled,
``Regulated Navigation Area; Chesapeake Bay Entrance and Hampton Roads,
VA and Adjacent Waters,'' in the Federal Register (66 FR 53712). The
temporary final rule required that all vessels of 300 gross tons or
greater to reduce speed to eight knots in the vicinity of Naval Station
Norfolk, in order to improve security measures and reduce the potential
threat to Naval Station Norfolk security that may be posed by these
vessels. In June 2002, this temporary final rule was extended in the
Federal Register (67 FR 41337). On December 22, 2002, we republished
this temporary final rule in the Federal Register (68 FR 2201). We have
received no comments since the original publication of this rule.
On December 27, 2001, we published a temporary final rule entitled,
``Regulated Navigation Area; Chesapeake Bay Entrance and Hampton Roads,
VA and Adjacent Waters,'' in the Federal Register (66 FR 66753). The
temporary rule expanded the geographic definitions of the Hampton Roads
Regulated Navigation Area to include the waters of the 12 nautical mile
territorial sea off the Coast of Virginia and added new port security
measures. The port security measures require that vessels in excess of
300 gross tons, including tug and barge combinations in excess of 300
gross tons combined, check-in with the Captain of the Port or his
representative at least 30 minutes prior to entry to obtain permission
to transit the Regulated Navigation Area. The vessel may enter the
Regulated Navigation Area upon authorization and approval by the
Captain of the Port or his representative. A vessel that receives
permission to enter the Regulated Navigation Area remains subject to a
Coast Guard port security boarding. Thirty (30) minutes prior to
getting underway, vessels departing or moving within the Regulated
Navigation Area must contact the Captain of the Port or his
representative via VHF-FM channel 13 or 16, call (757) 444-5209/5210 or
(757) 441-3298 for the Captain of the Port Duty Officer. In June 2002,
this temporary final rule was extended in the Federal Register (67 FR
41337). On December 22, 2002, we republished this temporary final rule
in the Federal Register (68 FR 2884). We have received no comments
since the original publication of this rule.
This rule proposes to make permanent the above two temporary rules
as well as update the Regulated Navigation Area to encompass aspects of
navigational safety and security in a post September 11, 2001
environment. The reporting and speed limit restrictions will enable the
COTP to closely monitor vessel movements in the Regulated Navigation
Area.
Discussion of Proposed Rule
Regulated Navigation Area
Offshore Zone: The proposed rule would expand the geographical
definition of the Hampton Roads Regulated Navigation Area to include
the waters of the 12 nautical mile territorial sea off the Coast of
Virginia.
Inland Zone: The geographical boundaries of the inland waters
included in the existing Regulated Navigation Area would be unchanged
under the proposed rule.
Definitions
The proposed rule would expand the definition section of the
existing Regulated Navigation Area to define I-664 Bridge, Designated
Representative of the Captain of the Port, Offshore waters, Inland
waters, and Coast Guard Patrol Commander.
Applicability
This section would be unchanged by the proposed rule.
Regulations
Anchoring Restrictions: No vessel over 65 feet long may anchor or
moor in the inland waters of the Regulated Navigation Area outside the
anchorage designated in 33 CFR 110.168 unless the vessel has the
permission of the Captain of the Port or has an emergency. Vessels may
not anchor within the confines of
[[Page 22650]]
Little Creek Harbor, Desert Cove, or Little Creek Cove without the
permission of the Captain of the Port.
Anchoring Detail Requirements: The proposed rule would not change
the Anchoring Detail Requirements section, but places it immediately
after the Anchoring Restrictions section.
Secondary Towing Rig Requirements: This section would be unchanged
by the proposed rule.
Thimble Shoals Channel Controls: The proposed rule would combine
the Draft Limitation section and Traffic Direction sections of the
existing Regulated Navigation Area into one section.
Restrictions on Vessels with Impaired Maneuverability: The proposed
rule would simplify this section by preventing vessels over 100 gross
tons, with impaired maneuverability, from entering the Regulated
Navigation Area without the permission of the Captain of the Port. The
proposed rule would require vessels over 100 gross tons that experience
impaired maneuverability, while operating within the Regulated
Navigation, to report the impairment to the Captain of the Port.
Emergency Procedure: The proposed rule would simplify this section
by removing many of the existing restrictions. The proposed rule would
allow any vessel experiencing an emergency to deviate from the
regulations in this section to the extent necessary to avoid
endangering the safety of persons, property, or the environment. The
proposed rule would require that vessels over 100 gross tons with an
emergency that is within two nautical miles of the CBBT or I-664 Bridge
Tunnel to notify the Captain of the Port of its location and the nature
of the emergency as soon as possible.
Vessel Speed Limits: The proposed rule would consolidate the Vessel
Speed Limits sections into one section. The proposed rule would
incorporate the vessel speed limit for the Norfolk Harbor Reach, as
originally published as a temporary final rule in the Federal Register
(66 FR 53712). Under the proposed rule vessels 300 gross tons or
greater may not transit through the Southern Branch of the Elizabeth
River alongside Naval Station Norfolk Restricted Area at a speed in
excess of 8 knots. This speed restriction does not apply to public
vessels as defined in 33 U.S.C. 1321(a)(4). The vessel speed limits on
Little Creek and the Southern Branch of the Elizabeth River would be
unchanged by the proposed rule.
Port Security Requirements: The proposed rule would incorporate the
additional port security measures for all vessels over 300 gross tons,
as originally published as a temporary final rule in the Federal
Register (66 FR 66753). Under the proposed rule the additional port
security measures would require that vessels over 300 gross tons,
including tug and barge combinations in excess of 300 gross tons
combined to do the following: Obtain authorization from the Captain of
the Port, or the designated representative of the Captain of the Port,
prior to entering the Regulated Navigation Area. Ensure that no person
who is not a permanent member of the vessel's crew, or a member of a
Coast Guard boarding team, boards the vessel without a valid purpose
and photo identification. Report any departure from or movement within
the Regulated Navigation Area to the designated representative of the
Captain of the Port prior to getting underway. The designated
representative of the Captain of the Port shall be contacted on VHF-FM
channel 12, or by calling (757) 444-5209, (757) 444-5210, or (757) 668-
5555. All vessels entering or remaining in the Regulated Navigation
Area may be subject to a vessel port security inspection. Vessels
awaiting a port security inspection or Captain of the Port
authorization to enter may be directed to anchor in a specific
location.
The proposed rule would expand port security measures for vessels
over 300 gross tons operating inside inland waters. All vessels over
300 gross tons, including tug and barge combinations in excess of 300
gross tons, must receive authorization from the Captain of the Port
prior to any vessel movement. This requirement would enable the Captain
of the Port to maintain maritime domain awareness.
Waivers
This section would be unchanged by the proposed rule.
Control of Vessels within the Regulated Navigation Area
The proposed rule would make minor grammatical and syntax changes
to the existing section.
Deleted Sections
Section (d)(11), Restrictions on Vessel Operations During Aircraft
Carrier and Other Large Naval Transits of the Elizabeth River would be
deleted under the proposed rule. This section is no longer necessary
because the Coast Guard published 33 CFR 165.2025, Protection of Naval
Vessels, which creates a naval vessel protection zone around U.S. naval
vessels greater than 100 feet in length overall at all times in the
navigable waters of the United States.
Section (d)(12), Restrictions on Vessel Operations During Liquefied
Petroleum Gas Carrier Movements on the Chesapeake Bay and Elizabeth
River would be deleted under the proposed rule. Liquefied Petroleum Gas
and Liquefied Natural Gas Carriers will be addressed in a future notice
of proposed rulemaking.
Section (d)(13), Restrictions on the Use of the Elizabeth River
Ferry Dock at the Foot of High Street, Portsmouth, Virginia would be
deleted under the proposed rule. The Elizabeth River Ferry Dock has
been removed and replaced by a cove at the Foot of High Street,
Portsmouth, Virginia. This section was a necessary safety measure to
avoid potential collisions between Elizabeth River traffic and the
Elizabeth River Ferry when the ferry operated from the then existing
dock. Since the dock has been removed and the Elizabeth River Ferry
embarks and disembarks passengers within a cove, there is no longer a
need for this section.
Additional grammar and syntax changes have been made throughout
this proposed rule.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is not necessary. The 8 knot speed limit
restriction for the Norfolk Harbor Reach would apply to vessels 300
gross tons or greater. The speed limit requirements would only be in
effect for less than 4 miles, and based on the typical vessel speed of
10 knots, the actual delay for each vessel will be approximately 6
minutes in each direction. The proposed port security measures would
affect only those vessels in excess of 300 gross tons that enter or
move within the Port of Hampton Roads. The additional changes to the
proposed rule would clarify and simplify existing regulations, and
remove unnecessary restrictions.
Based upon the information received in response to this NRPM, the
Coast Guard intends to carefully consider the costs and benefits
associated with this
[[Page 22651]]
rulemaking. Accordingly, comments, information and data are solicited
on the economic impact of any proposed recommendation for changes to
the Fifth Coast Guard District regulations as mentioned in Background
and Purpose, above.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 would not have a significant economic impact on a substantial
number of small entities. The proposed rule would affect the following
entities, some of which might be small entities: Shipping companies,
towing companies, dredging companies, commercial fishing vessels, small
passenger vessels and recreational vessels that operate within the
Regulated Navigation Area.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reasons: The
proposed rule would limit the speed of vessels 300 gross tons or
greater transiting Norfolk Harbor Reach to 8 knots. The proposed rule
would institute additional port security measures for vessels in excess
of 300 gross tons that enter or move within the Port of Hampton Roads.
Vessels under 300 gross tons would be exempt.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Commander Roger
Smith, Marine Safety Division, Fifth Coast Guard District, (757) 398-
6389.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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 would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR 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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
[[Page 22652]]
2. Revise Sec. 165.501 to read as follows:
Sec. 165.501 Chesapeake Bay entrance and Hampton Roads, VA and
adjacent waters--Regulated Navigation Area.
(a) Location. The waters enclosed by the shoreline and the
following lines are a Regulated Navigation Area:
(1) Offshore zone. A line drawn due East from the mean low water
mark at the North Carolina and Virginia border at latitude
36[deg]33'03'' N, longitude 75[deg]52'00'' W, to the Territorial Seas
boundary line at latitude 36[deg]33'05'' N, longitude 75[deg]36'51'' W,
thence generally Northeastward along the Territorial Seas boundary line
to latitude 38[deg]01'39'' N, longitude 74[deg]57'18'' W, thence due
West to the mean low water mark at the Maryland and Virginia border at
latitude 38[deg]01'39'' N, longitude 75[deg]14'30'' W, thence South
along the low water mark on the Virginia coast, and eastward of the
Colregs Demarcation Lines across Chincoteague Inlet, Assawoman Inlet,
Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby Inlet,
Great Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal Inlet
and Little Inlet, to the Colregs Demarcation Line across the mouth of
Chesapeake Bay, continuing south along the Virginia low water mark and
eastward of the Colregs Demarcation Line across Rudee Inlet to the
point of beginning. All positions reference NAD 83.
(2) Inland Zone. The waters enclosed by the shoreline and the
following lines:
(i) A line drawn across the entrance to Chesapeake Bay between Wise
Point and Cape Charles Light, and then continuing to Cape Henry Light.
(ii) A line drawn across the Chesapeake Bay between Old Point
Comfort Light and Cape Charles City Range ``A'' Rear Light.
(iii) A line drawn across the James River along the eastern side of
U.S. Route 17 highway bridge, between Newport News and Isle of Wight
County, Virginia.
(iv) A line drawn across Chuckatuck Creek along the northern side
of the north span of the U.S. Route 17 highway bridge, between Isle of
Wight County and Suffolk, Virginia.
(v) A line drawn across the Nansemond River along the northern side
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
(vi) A line drawn across the mouth of Bennetts Creek, Suffolk,
Virginia.
(vii) A line drawn across the Western Branch of the Elizabeth River
along the eastern side of the West Norfolk Bridge, Portsmouth,
Virginia.
(viii) A line drawn across the Southern Branch of the Elizabeth
River along the northern side of the I-64 highway bridge, Chesapeake,
Virginia.
(ix) A line drawn across the Eastern Branch of the Elizabeth River
along the western side of the west span of the Campostella Bridge,
Norfolk, Virginia.
(x) A line drawn across the Lafayette River along the western side
of the Hampton Boulevard Bridge, Norfolk, Virginia.
(xi) A line drawn across Little Creek along the eastern side of the
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
(xii) A line drawn across Lynnhaven Inlet along the northern side
of Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia.
(b) Definitions. In this section:
CBBT means the Chesapeake Bay Bridge Tunnel.
Coast Guard Patrol Commander is a Coast Guard commissioned, warrant
or petty officer who has been designated by the Commander, Coast Guard
Group Hampton Roads.
Designated representative of the Captain of the Port means a
person, including the duty officer at the Coast Guard Marine Safety
Office Hampton Roads, the Joint Harbor Operations Center watchstander,
or the Coast Guard or Navy Patrol Commander who has been authorized by
the Captain of the Port to act on his or her behalf and at his or her
request to carry out such orders and directions as needed. All patrol
vessels shall display the Coast Guard Ensign at all times when
underway.
Inland waters means waters within the COLREGS Line of Demarcation.
I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
Thimble Shoal Channel consists of the waters bounded by a line
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to
Thimble Shoal Channel Lighted Gong Buoy 17, thence to Thimble Shoal
Channel Lighted Buoy 19, thence to Thimble Shoal Channel Lighted Buoy
21, thence to Thimble Shoal Channel Lighted Buoy 22, thence to Thimble
Shoal Channel Lighted Buoy 18, thence to Thimble Shoal Channel Lighted
Buoy 2, thence to the beginning.
Thimble Shoal North Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the north side of Thimble
Shoal Channel, the southern boundary of which extends from Thimble
Shoal Channel Lighted Buoy 2 to Thimble Shoal Channel Lighted Buoy 18.
Thimble Shoal South Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the south side of Thimble
Shoal Channel, the northern boundary of which extends from Thimble
Shoal Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted
Gong Buoy 17, thence to Thimble Shoal Lighted Buoy 19, thence to
Thimble Shoal Lighted Buoy 21.
(c) Applicability. This section applies to all vessels operating
within the Regulated Navigation Area, including naval and public
vessels, except vessels that are engaged in the following operations:
(1) Law Enforcement;
(2) Servicing aids to navigation; or
(3) Surveying, maintenance, or improvement of waters in the
Regulated Navigation Area.
(d) Regulations--(1) Anchoring Restrictions.--(i) No vessel over 65
feet long may anchor or moor in the inland zone of the Regulated
Navigation Area outside an anchorage designated in Sec. 110.168 of
this title, with these exceptions:
(ii) The vessel has the permission of the Captain of the Port.
(iii) Only in an emergency, when unable to proceed without
endangering the safety of persons, property, or the environment, may a
vessel anchor in a channel.
(iv) A vessel may not anchor within the confines of Little Creek
Harbor, Desert Cove, or Little Creek Cove without the permission of the
Captain of the Port. The Captain of the Port shall consult with the
Commander, Naval Amphibious Base Little Creek, before granting
permission to anchor within this area.
(2) Anchoring detail requirements.--A self-propelled vessel over
100 gross tons, which is equipped with an anchor or anchors (other than
a tugboat equipped with bow fenderwork of a type of construction that
prevents an anchor being rigged for quick release), that is underway
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall
station its personnel at locations on the vessel from which they can
anchor the vessel without delay in an emergency.
(3) Secondary towing rig requirements on Inland Waters.--(i) A
vessel over 100 gross tons may not be towed in the inland zone of the
Regulated Navigation Area unless it is equipped with a secondary towing
rig, in addition to its primary towing rig, that:
(A) Is of sufficient strength for towing the vessel.
(B) Has a connecting device that can receive a shackle pin of at
least two inches in diameter.
(C) Is fitted with a recovery pickup line led outboard of the
vessel's hull.
(ii) A tow consisting of two or more vessels, each of which is less
than 100 gross tons, that has a total gross tonnage that is over 100
gross tons, shall be
[[Page 22653]]
equipped with a secondary towing rig between each vessel in the tow, in
addition to its primary towing rigs, while the tow is operating within
this Regulated Navigation Area. The secondary towing rig must:
(iii) Be of sufficient strength for towing the vessels.
(iv) Have connecting devices that can receive a shackle pin of at
least two inches in diameter.
(v) Be fitted with recovery pickup lines led outboard of the
vessel's hull.
(4) Thimble Shoal Channel controls.--(i) A vessel drawing less than
25 feet may not enter the Thimble Shoal Channel, unless the vessel is
crossing the channel. Masters should consider the squat of their vessel
based upon vessel design and environmental conditions. Channel
crossings shall be made as perpendicular to the channel axis as
possible.
(ii) Except when crossing the channel, a vessel in the Thimble
Shoal North Auxiliary Channel shall proceed in a westbound direction.
(iii) Except when crossing the channel, a vessel in the Thimble
Shoal South Auxiliary Channel shall proceed in an eastbound direction.
(5) Restrictions on vessels with impaired maneuverability.--(i)
Before entry. A vessel over 100 gross tons, whose ability to maneuver
is impaired by heavy weather, defective steering equipment, defective
main propulsion machinery, or other damage, may not enter the Regulated
Navigation Area without the permission of the Captain of the Port.
(ii) After entry. A vessel over 100 gross tons, which is underway
in the Regulated Navigation Area, that has its ability to maneuver
become impaired for any reason, shall, as soon as possible, report the
impairment to the Captain of the Port.
(6) Requirements for navigation charts, radars, and pilots.--No
vessel over 100 gross tons may enter the Regulated Navigation Area,
unless it has on board:
(i) Corrected charts of the Regulated Navigation Area. Instead of
corrected paper charts, warships or other vessels owned, leased, or
operated by the United States Government and used only in government
noncommercial service may carry electronic charting and navigation
systems that have met the applicable agency regulations regarding
navigation safety.
(ii) An operative radar during periods of reduced visibility;
(iii) When in inland waters, a pilot or other person on board with
previous experience navigating vessels on the waters of the Regulated
Navigation Area.
(7) Emergency procedures.--(i) Except as provided in paragraphs
(d)(7)(b) of this section, in an emergency any vessel may deviate from
the regulations in this section to the extent necessary to avoid
endangering the safety of persons, property, or the environment.
(ii) A vessel over 100 gross tons with an emergency that is located
within two nautical miles of the CBBT or I-664 Bridge Tunnel shall
notify the Captain of the Port of its location and the nature of the
emergency, as soon as possible.
(8) Vessel speed limits.--(i) Little Creek. A vessel may not
proceed at a speed over five knots between the Route 60 bridge and the
mouth of Fishermans Cove (Northwest Branch of Little Creek).
(ii) Southern Branch of the Elizabeth River. A vessel may not
proceed at a speed over six knots between the junction of the Southern
and Eastern Branches of the Elizabeth River and the Norfolk and
Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth,
Virginia.
(iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross tons or
more may not proceed at a speed over 8 knots between the Elizabeth
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of
Sewells Point) at approximately 36[deg]58[min]00[sec] N,
076[deg]20[min]00[sec] W, and gated Elizabeth River Channel Lighted
Buoys 17 and 18 of Craney Island Reach (southwest of Norfolk
International Terminal at approximately 36[deg]54[min]17[sec] N,
076[deg]20[min]11[sec] W.
(9) Port security requirements.--Vessels in excess of 300 gross
tons, including tug and barge combinations in excess of 300 gross tons
(combined), shall not enter the Regulated Navigation Area, move within
the Regulated Navigation Area, or be present within the Regulated
Navigation Area, unless they comply with the following requirements:
(i) Obtain authorization to enter the Regulated Navigation Area
from the designated representative of the Captain of the Port prior to
entry. All vessels entering or remaining in the Regulated Navigation
Area may be subject to a Coast Guard boarding.
(ii) Ensure that no person who is not a permanent member of the
vessel's crew, or a member of a Coast Guard boarding team, boards the
vessel without a valid purpose and photo identification.
(iii) Report any departure from or movement within the Regulated
Navigation Area to the designated representative of the Captain of the
Port prior to getting underway.
(iv) The designated representative of the Captain of the Port shall
be contacted on VHF-FM channel 12, or by calling (757) 444-5209, (757)
444-5210, or (757) 668-5555.
(v) In addition to the authorities listed in this Part, this
paragraph is promulgated under the authority under 33 U.S.C. 1226.
(e) Waivers.--(1) The Captain of the Port may, upon request, waive
any regulation in this section.
(2) An application for a waiver must state the need for the waiver
and describe the proposed vessel operations.
(f) Control of vessels within the regulated navigation area.--(1)
When necessary to prevent damage, destruction or loss of any vessel,
facility or port infrastructure, the Captain of the Port may direct the
movement of vessels or issue orders requiring vessels to anchor or moor
in specific locations.
(2) If needed for the maritime, commercial or security interests of
the United States, the Captain of the Port may order a vessel to move
from the location in which it is anchored to another location within
the Regulated Navigation Area.
(3) The master of a vessel within the Regulated Navigation Area
shall comply with any orders or directions issued to the master's
vessel by the Captain of the Port.
Dated: April 16, 2003.
James D. Hull,
Vice Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-10214 Filed 4-28-03; 8:45 am]
BILLING CODE 4910-15-P