[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Rules and Regulations]
[Pages 35172-35177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14866]


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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: Final rule.

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[[Page 35173]]

SUMMARY: The Coast Guard is revising 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: This rule is effective June 15, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-02-099 and are available for inspection or 
copying at Marine Safety Division, Fifth Coast Guard District, 431 
Crawford Street, Portsmouth, Virginia 23704, 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: 

Regulatory Information

    On April 29, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area in Hampton Roads, VA in the 
Federal Register (68 FR 22648). We received three letters commenting on 
the proposed rule. No public hearings were requested, and none were 
held.
    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. This rule will make permanent the 
two temporary final rules (68 FR 2201 and 68 FR 2884) discussed below. 
The temporary final rules will expire on June 15, 2003. During the 
effective period of these temporary final rules, dating back to October 
and December of 2001 respectfully, we have received no comments 
concerning the proposed changes to the Regulated Navigation Area in 
Hampton Roads, VA. This final rule is necessary to ensure the continued 
safety and security of vessels operating within the Port of Hampton 
Roads, VA. There have been recent reports, all a matter of public 
record that indicate a continuing high risk of terrorist activity in 
the United States. Delay in implementing this rule, would therefore be 
contrary to public interest.
    We have issued a notice of proposed rulemaking; withdrawal (68 FR 
34370) which was published on June 9, 2003, for a duplicate notice of 
proposed rulemaking entitled ``Regulated Navigation Area in Hampton 
Roads, VA'' (68 FR 27948) which was published on May 22, 2003. The May 
22, 2003, notice of proposed rulemaking was inadvertently published 
after the initial April 29, 2003, publication of a substantially 
similar notice of proposed rulemaking entitled ``Regulated Navigation 
Area in Hampton Roads, VA'' (68 FR 22648). The Coast Guard has only 
withdrawn the May 22, 2003, notice of rulemaking. The April 29, 2003, 
notice of proposed rulemaking is the basis of this rule.

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 03-05 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 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 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).
    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

[[Page 35174]]

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) 668-5555 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 2201).
    On April 29, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Area in Hampton Roads, VA'' in 
the Federal Register (68 FR 22648). We received three letters 
commenting on the proposed rule.
    This rule will 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 Comments and Changes

    We received two letters on the eight knots speed limit for vessels 
over 300 gross tons in the Norfolk Harbor Reach channel. The comments 
stated that in some instances it is difficult for vessels to operate at 
this reduced speed. Depending on individual ship construction and 
engine type, eight knots may be near or at the lower limit of speed 
necessary to maintain positive control of a vessel's steering system. 
The comments stated that when a vessel is transiting with the current, 
it may be necessary to operate at a ``dead slow'' bell to maintain an 
eight knot speed, which may limit steering capability and introduce a 
safety concern. The Coast Guard agrees with these comments and has 
changed the speed restriction in the Norfolk Harbor Reach channel from 
eight knots to ten knots.
    We received one letter with four comments on specific regulations. 
The first comment regarded the expansion of the Regulated Navigation 
Area to twelve nautical miles offshore, noting that vessels over 300 
gross tons that are transiting the coast without intent to enter the 
Port of Hampton Roads would still have to request permission from the 
Joint Harbor Operations Center if they would be passing within 12 
nautical miles. This is the intent of the rule. To increase maritime 
domain awareness, the Coast Guard desires that all vessels over 300 
gross tons contact the Joint Harbor Operations Center so that their 
intent of transit may be ascertained. This increases the Coast Guard's 
ability to detect potential security risks to the port as early as 
possible.
    The second comment stated that the requirement for vessels over 300 
gross tons to contact the Joint Harbor Operations Center for permission 
to enter the Regulated Navigation Area is redundant with separate 
advance notice of arrival requirements. The comment stated that the 
Coast Guard should coordinate local and national regulations. The Coast 
Guard believes that these regulations are both coordinated and 
complementary. When vessels over 300 gross tons give advance notice of 
arrival, their expected arrival date and time are provided in a daily 
list to the Joint Harbor Operations Center. When a specific vessel 
calls to request permission to enter the Regulated Navigation Area, the 
Joint Harbor Operations Center is able to rapidly verify that the 
vessel is expected. This procedure provides a positive measure of 
security to the port, in that the Joint Harbor Operations Center can 
identify an unexpected arrival of a vessel over 300 gross tons.
    The third comment stated that the security provisions of the 
regulation seemingly allow members of the Coast Guard to board vessels 
without a valid purpose and without identification. The Coast Guard has 
an overall methodology for managing security in the port. Random vessel 
boardings are a defined part of that methodology. Therefore, all vessel 
boardings conducted by Coast Guard boarding teams are sanctioned and 
valid in nature. All Coast Guard personnel will have proper 
identification at all times, and Coast Guard vessels will be properly 
marked and will be flying the Coast Guard ensign.
    The fourth comment concerned the requirement to provide photo 
identification and a valid purpose to board vessels over 300 gross 
tons, asking if this requirement applied at dockside, shipyards and for 
passenger ferries. This is the intent of the rule. We do expect this 
requirement to be fully enforced for vessels over 300 gross tons at 
dockside. Regarding shipyards, we recognize that persons go on and off 
ships in repair status constantly. We expect that individual shipyard 
security programs will manage who is in the shipyard at all times and 
will ensure compliance with this requirement. The rule does apply to 
passenger ferries, recognizing that there are currently no passenger 
ferries over 300 gross tons that make routine stops within the 
Regulated Navigation Area. It is possible that a passenger ferry over 
300 gross tons could operate within the Regulated Navigation Area, and 
the Coast Guard would expect compliance with the regulation. Operators 
of ferries over 300 gross tons that anticipate conducting passenger 
operations within the Regulated Navigation Area are encouraged to 
contact the Marine Safety Office Hampton Roads if they have concerns 
with this rule.
    Finally, we have re-arranged the definitions section of the 
regulations so that the definitions are in alphabetical order. No other 
changes were made.

Discussion of Rule

    On April 29, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area in Hampton Roads, VA in the 
Federal Register (68 FR 22648).

Regulatory Evaluation

    This 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is not necessary. The 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 speeds we expect delays for vessels to 
be less than 5 minutes in each direction. The port security measures 
will affect only those vessels in excess of 300 gross tons that enter 
or move within the Port of Hampton Roads. The additional changes to 
this rule clarify and simplify existing regulations, and remove 
unnecessary restrictions.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit

[[Page 35175]]

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 rule does 
not have a significant economic impact on a substantial number of small 
entities. The rule affects 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 rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: It will 
limit the speed of vessels 300 gross tons or greater transiting Norfolk 
Harbor Reach to 10 knots. It will 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 are 
exempt.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.

Collection of Information

    This rule calls 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 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. Although this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 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 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.

Energy Effects

    We have analyzed this 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 analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
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.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 subpart F 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: 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.


0
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 mean 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:

[[Page 35176]]

    (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.
    I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
    Inland waters means waters within the COLREGS Line of Demarcation.
    Thimble Shoal Channel consists of the waters bounded by a line 
connecting 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, thence to Thimble 
Shoal Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence 
to Thimble Shoal 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 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.
    (3) Surveying, maintenance, or improvement of waters in the 
Regulated Navigation Area.
    (d) Regulations.
    (1) Anchoring restrictions. No vessel over 65 feet long may anchor 
or moor in the inland waters of the Regulated Navigation Area outside 
an anchorage designated in Sec.  110.168 of this title, with these 
exceptions:
    (i) The vessel has the permission of the Captain of the Port.
    (ii) 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.
    (iii) 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 
waters 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 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:
    (A) Be of sufficient strength for towing the vessels.
    (B) Have connecting devices that can receive a shackle pin of at 
least two inches in diameter.
    (C) Be fitted with recovery pickup lines led outboard of the 
vessel's hull.
    (4) Thimble Shoals 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

[[Page 35177]]

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 paragraph (d)(7)(ii) 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 10 knots between the Elizabeth 
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of 
Sewells Point) at approximately 36[deg]58'00'' N, 076[deg]20'00'' W, 
and gated Elizabeth River Channel Lighted Buoys 17 and 18 of Craney 
Island Reach (southwest of Norfolk International Terminal at 
approximately 36[deg]54'17'' N, and 076[deg]20'11'' 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: June 5, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-14866 Filed 6-11-03; 8:45 am]
BILLING CODE 4910-15-P