[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Proposed Rules]
[Pages 22648-22653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10214]


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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