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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Proposed Rules]
[Pages 3729-3731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31420]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-1093]
RIN 1625-AA00

Safety Zone; Cable Laying Corridor, Atlantic Ocean, Virginia 
Beach, Virginia

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary moving 
safety zone to surround nearshore operations conducted by a cable 
laying barge. Cable lay and burial operations will create navigational 
hazards moving along a corridor from shore extending seaward 12 NM. 
This action is necessary to provide for the safety of life on these 
navigable waters near Virginia Beach, Virginia. This proposed 
rulemaking would prohibit persons and vessels from entering the safety 
zone unless authorized by the Captain of the Port Sector Virginia or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 29, 2025. A shorter comment period is 
necessary for this rule to provide ample time to review and address 
comments on the proposed rule prior to the day the rule is needs to 
take effect to protect the public from the hazards it addresses.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-1093 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Justin Strassfield, Sector 
Virginia, Waterways Management Division, U.S. Coast Guard, Telephone: 
(757) 668-5581; or [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CLB Cable Laying Barge
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NM Nautical Miles
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 3, 2024, Dominion Energy notified the Coast Guard with 
a request for a moving safety zone to encompass the operations 
conducted by the CLB ULISSE, to extend 1000-yards from the center of 
the barge. The Sector Virgnia COTP has determined that potential 
hazards associated with the anchorage arrangements necessary for the 
cable laying barge to conduct operations would be a safety concern for 
anyone within a 1000-yard radius of the barge.
    The purpose of this proposed rulemaking is to ensure the safety of 
vessels and the navigable waters within a 1000-yard radius of the CLB 
during its operations. The Coast Guard is proposing this rulemaking 
under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone on January 25, 
2025, for 365 days. The safety zone would cover all navigable waters 
within 1000 yards of the CBL ULISSE, only while it conducts cable 
handling and burial in the Atlantic Ocean beginning roughly 300 yards 
from the shore of the State Military Reservation in Virginia Beach, 
Virginia out to 12 NM, the U.S. Territorial Seas border. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters during the 365-day period. No vessel or person would 
be permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. Due to the stability required 
for the cable laying and burial process, the multipoint anchorage 
configurations used are highly dynamic and create large unseen hazards 
to navigation requiring someone familiar with the current anchoring 
positions to determine if safe transit corridors exist or if a 
transiting vessel must avoid the full 1000 yards radius of the zone to 
mitigate the hazards present. A designated representative, in 
communication with the anchor handling vessels, can communicate these 
hazards and possible safe transit corridors, decreasing the burden on 
the non-project vessels seeking access through or around the zone. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic would be able 
to safely transit around this safety zone to the east initially without 
losing sight of land and the impact the nearshore recreational boaters 
near Rudee Inlet in Virginia Beach, Virginia would be reduced further 
as the CLB moves further from shore, providing safe transit options to 
the west along the shoreline.

[[Page 3730]]

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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. 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.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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.
    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. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment of safety zones to protect the public from hazards 
created by cable laying and burial operations, as well as the anchoring 
configurations, required for the operations of the CLB ULISSE. Normally 
such actions are categorically excluded from further review under 
paragraph L[60a] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-1093 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will

[[Page 3731]]

include any personal information you have provided. For more about 
privacy and submissions to the docket in response to this document, see 
DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 
2020).

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 is 
proposing to amend 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. 01.3.

0
2. Add Sec.  165.T05-1093 to read as follows:

Sec.  165.T05-1093   Safety Zone; Cable Laying Corridor, Atlantic 
Ocean, Virginia Beach, Virginia.

    (a) Location. The following area is a moving safety zone: Any 
navigable waters located within 1000 yards in all directions from the 
Cable Laying Barge (CLB) ULISSE while operating off the coast of 
Virginia Beach, Virginia while it conducts work within 12 nm of the 
shore. The CLB operations will occur within a perimeter enclosed by 
positions: 36[deg]49'4.8'' N, 75[deg]57'43.2'' W; 36[deg]49'13.9'' N, 
75[deg]42'39.8'' W; 36[deg]47'' 11.7'' N, 75[deg]41'' 50.8'' W and 
36[deg]48'' 28.8'' N, 75[deg]57'' 43.2'' W.
    (b) 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 the master of a U.S.-flagged vessel 
supporting the CLB ULISSE for the sole purpose of designating and 
establishing safe transit corridors, to permit passage into or through 
this safety zones, or to notify vessels and individuals of the actual 
hazards present if they have entered the safety zone and inform them of 
the safe direction to which they should depart.
    (c) Regulations.
    (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 (a) of this section unless authorized by the 
COTP, or designated representative. If a vessel or person is notified 
by the COTP, or designated representative that they have entered one of 
these safety zones without permission, they are required to immediately 
depart in a safe manner following the directions given.
    (2) Mariners requesting to transit this safety zone must first 
contact the designated representative who will be monitoring VHF-FM 
channels 13 and 16 while work is ongoing. If permission is granted, 
mariners must proceed at their own risk and strictly observe any and 
all instructions provided by the COTP, or designated representative to 
the mariner regarding the conditions of entry to and exit from any 
location within the moving safety zone.
    (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. This section will be subject to enforcement 
from January 25, 2025, until January 25, 2026. If cable laying work is 
completed before January 25, 2026, or for a different reason the COTP 
determines the zone need no longer be enforced, they will issue a 
general permission to enter.

     Dated: December 26, 2024.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2024-31420 Filed 1-14-25; 8:45 am]
BILLING CODE 9110-04-P
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