[Federal Register Volume 90, Number 247 (Wednesday, December 31, 2025)]
[Rules and Regulations]
[Pages 61308-61310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-24070]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1069]
RIN 1625-AA00
Safety Zone; Hampton Roads Bridge-Tunnel Expansion Project,
Hampton/Norfolk, VA
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary rule to provide
for safety zones for certain waters near Norfolk Harbor Entrance Reach,
near the Hampton Roads Bridge Tunnel expansion project. This action is
necessary to provide for the safety of life on navigable waters which
are subject to existing safety zones that will expire later this month.
This rule prohibits persons and vessels from entering or occupying the
safety zones unless authorized by the Captain of the Port, Sector
Virginia or a designated representative or under conditions specified
in this rule.
DATES: This rule is effective without actual notice from December 31,
2025 through midnight on December 20, 2030. For the purposes of
enforcement, actual notice will be used from December 25, 2025, until
December 31, 2025.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2025-1069.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact LCDR Justin Z. Strassfield, Sector Virginia Waterways
Management Division, U.S. Coast Guard; by phone, at (206) 815-7367, or
by email, at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP U.S. Coast Guard Captain of the Port, Sector Virginia
DHS Department of Homeland Security
HRBT Hampton Roads Bridge-Tunnel (Expansion Project)
HRCP Hampton Roads Connector Partners
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
On September 16, 2021, after providing notice and an opportunity to
comment, the Coast Guard promulgated a temporary rule entitled ``Safety
Zones; Hampton Roads Bridge-Tunnel Expansion Project, Hampton/Norfolk,
VA.'' See 86 FR 51612. Although the Coast Guard did not receive any
comments within that comment period, the 2021 rule was preceded by a
formal Navigational Safety Risk Assessment and by a series of outreach
meetings held jointly by the Coast Guard and the Hampton Roads
Connector Partners (HRCP), the Design-Build contactor for the Hampton
Roads Bridge-Tunnel (HRBT) Expansion Project. See https://www.federalregister.gov/d/2021-20006/p-19 for additional details about
the project and the earlier rulemaking.
The 2021 rule, which is codified at 33 CFR 165.519, will expire on
December 25, 2025. As substantial work needs to be done to complete the
HRBT expansion project, we proposed a new temporary rule with a
different citation to provide for safety zones in the current safety
zone locations for up to 5 more years, until December 20 of 2030. See
90 FR 56713 (Dec. 8, 2025).
The Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because it is impracticable to
delay the effective date for a substantial period following the
expiration of the safety zones established under 33 CFR 165.519. The
Coast Guard was notified of the need for up to 5 more years of work on
the project on November 24, 2025, and determined that an opportunity
for public comment was needed for a safety zone with such a long
enforcement period. Having afforded the public the opportunity to
comment, however, we must establish this safety zone as soon as
possible after the current temporary regulation expires on December 25,
2025, to protect personnel, vessels, and the marine environment.
III. Discussion of Comments and the Rule
During the comment period that ended on Dec. 22, 2025, we received
no comments.
There are no changes in the regulatory text of this rule from the
text which was proposed in the NPRM. The rule creates safety zones
which are identical to those now codified at 33 CFR 165.519 and
described at 86 FR 51612 except that the new rule, has a different
citation, a different expiration date, additional means of contacting
the designated representatives, and a provision stating that, in the
event the rule, or individual safety zones, are no longer necessary,
the COTP would provide notice that the rule, or any individual safety
zones established by the rule, were no longer subject to enforcement.
The full regulatory text of this final rule appears at the end of this
document.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant
[[Page 61309]]
economic impact on a substantial number of small entities.
The Coast Guard is aware that there are some small entities who
operate commercial fishing vessels that have fished and set traps in
areas within some of the safety zones. There is therefore a possibility
that, for a very small number of entities, there may be an economic
impact caused by their exclusion from the safety zone areas where they
typically fish. However, the Coast Guard concludes that the number of
small entities significantly affected would not be substantial given
the areas that vessels would be excluded from has already been closed
to them for over 4 years.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-
734-3247).
B. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that does not individually or cumulatively have a
significant effect on the human environment.
This rule is a safety zone. It is categorically excluded from
further review under paragraph L60(a)of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T05-1069 to read as follows:
Sec. 165.T05-1069 Safety Zone; Hampton Roads Bridge-Tunnel Expansion
Project, Hampton/Norfolk, VA.
(a) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port, Sector Virginia (COTP) in the enforcement of the
safety zone. The term also includes an employee or contractor of
Hampton Roads Connector Partners (HRCP) for the sole purposes of
designating and establishing safe transit corridors, to permit passage
into or through these safety zones, or to notify vessels and
individuals that they have entered a safety zone and are required to
leave.
(b) Locations and zone-specific requirements--(1) Zone 1, Hampton
Flats Mooring Area--(i) Location. All waters of the Hampton Flats, from
surface to bottom, encompassed by a line connecting the following
points beginning at 36[deg]59'40.41'' N, 76[deg]22'10.66'' W, thence to
37[deg]00'01.84'' N, 76[deg]21'01.69'' W, thence to 36[deg]59'52.62''
N, 76[deg]20'57.23'' W, thence to 36[deg]59'31.19'' N,
76[deg]22'06.20'' W, and back to the beginning point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. Mariners must observe lighted marker buoys along the
perimeter and at each of the corners marking the safety zone.
(2) Zone 2, Phoebus Safe Harbor Area--(i) Location. All waters west
of the Phoebus Channel, from surface to bottom, encompassed by a line
connecting the following points beginning at 37[deg]00'34.26'' N,
76[deg]19'10.58'' W, thence to 37[deg]00'23.97'' N, 76[deg]19'06.16''
W, thence to 37[deg]00'22.52'' N, 76[deg]19'11.41'' W, thence to
37[deg]00'32.81'' N, 76[deg]19'15.81'' W, and back to the beginning
point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone during announced enforcement periods without permission of
the COTP, HRCP, or designated representative. Such enforcement periods
will be announced by Sector Virginia Broadcast Notice to Mariners and
broadcasts on VHF-FM radio. During enforcement periods, mariners shall
observe lighted marker buoys along the perimeter and at each of the
corners marking the safety zone.
(3) Zone 3, Willoughby Bay Mooring Area--(i) Location. All waters
of Willoughby Bay, from surface to bottom, in the area encompassed by a
line connecting the following points beginning at 36[deg]57'48.68'' N,
76[deg]17'08.20'' W, thence to 36[deg]57'44.84'' N, 76[deg]16'44.48''
W, thence to 36[deg]57'35.31'' N, 76[deg]16'42.80'' W, thence to
36[deg]57'28.78'' N, 76[deg]16'51.75'' W, thence to 36[deg]57'33.17''
N, 76[deg]17'19.43'' W, and back to the beginning point.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. Mariners must observe lighted marker buoys along the
perimeter and at each of the corners marking the safety zone.
(4) Zone 4, North Highway Bridge Trestle and North Island--(i)
Location. All waters, from surface to bottom, located within 300 feet
of the east or west side of the Hampton Roads Bridge-Tunnel's north
highway bridge trestle, including North Island, to the shore of the
City of Hampton. No vessel or person may enter or remain in the safety
[[Page 61310]]
zone without permission of the COTP, HRCP, or designated
representative.
(ii) Requirements. All mariners attempting to enter or depart the
Hampton Creek Approach Channel or the Phoebus Channel in the vicinity
of the North Island must proceed with extreme caution and maintain a
safe distance from construction equipment.
(5) Zone 5, South Highway Bridge Trestle and South Island--(i)
Location. All waters, from surface to bottom, located within 300 feet
from the east or west side of the Hampton Roads Bridge-Tunnel's south
highway bridge trestle, including South Island, to the shore of the
City of Norfolk.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative. HRCP may establish and post visual identification of
safe transit corridors that vessels may use to freely proceed through
the safety zone. All mariners attempting to enter or depart the
Willoughby Bay Approach Channel in the vicinity of the South Island
shall proceed with extreme caution and maintain a safe distance from
construction equipment.
(6) Zone 6, Willoughby Bay Bridge--(i) Location. All waters, from
surface to bottom, located along the Willoughby Bay Bridge highway
trestle and extending 50 feet to the north side of the bridge and 300
feet to the south side of the bridge along the length of the highway
trestle, from shore to shore within the City of Norfolk.
(ii) Requirements. No vessel or person may enter or remain in the
safety zone without permission of the COTP, HRCP, or designated
representative, except that vessels are allowed to transit through
marked safe transit corridors that HRCP shall establish for the purpose
of providing navigation access for residents located north of the
Willoughby Bay Bridge through the safety zone. All mariners attempting
to enter or depart residences or commercial facilities north of the
Willoughby Bay Bridge through the safe transit corridors or other areas
of the safety zone when granted permission shall proceed with caution
and maintain a safe distance from construction equipment.
(c) General requirements. (1) Under the general safety zone
regulations in subpart C of this part, no vessel or person may enter or
remain in any safety zone described in paragraph (b) of this section
unless authorized by the COTP, HRCP, or designated representative. If a
vessel or person is notified by the COTP, HRCP, or designated
representative that they have entered one of these safety zones without
permission, they are required to immediately leave in a safe manner
following the directions given.
(2) Mariners requesting to transit any of these safety zones must
first contact the HRCP designated representative, the on-site foreman,
via phone at 7577036060 or VHF-FM channels 13 and 16. If permission is
granted, mariners must proceed at their own risk and strictly observe
any and all instructions provided by the COTP, HRCP, or designated
representative to the mariner regarding the conditions of entry to and
exit from any location within the fixed safety zones.
(d) Enforcement. The Sector Virginia COTP may enforce the
regulations in this section and may be assisted by any Federal, state,
county, or municipal law enforcement agency.
(e) Enforcement period. The safety zones in this section will be in
effect from December 25, 2025 until December 20, 2030. If the Captain
of the Port, Sector Virgina determines this rule, or any of the safety
zones established by this rule are no longer necessary, we will provide
notice by marine broadcasts and local notice to mariners that the rule,
or individual safety zones established by the rule, are no longer
subject to enforcement.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2025-24070 Filed 12-30-25; 8:45 am]
BILLING CODE 9110-04-P