42758 Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Proposed Rules 

Issued on July 27, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–16468 Filed 8–4–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 102 and 177 

[USCBP–2021–0025] 

RIN 1515–AE63 

Non-Preferential Origin Determinations 

for Merchandise Imported From 

Canada or Mexico for Implementation 

of the Agreement Between the United 

States of America, the United Mexican 

States, and Canada (USMCA) 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: This document provides 

additional time for interested parties to 

submit comments on the proposed rule 

published in the Federal Register on 

July 6, 2021, to amend the U.S. Customs 

and Border Protection (CBP) regulations 

regarding non-preferential origin 

determinations for merchandise 

imported from Canada or Mexico. Based 

on a request from the public to provide 

additional time to prepare comments on 

the proposed rule, CBP is extending the 

comment period to September 7, 2021. 

DATES: The comment period for the 

proposed rule published July 6, 2021 

(86 FR 35422), is extended. Comments 

must be received on or before 

September 7, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number USCBP– 

2021–0025 by one of the following 

methods: 

• Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Due to COVID–19-related 

restrictions, CBP has temporarily 

suspended its ability to receive public 

comments by mail. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. Due to the 

relevant COVID–19-related restrictions, 

CBP has temporarily suspended on-site 

public inspection of the public 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Operational Aspects: Queena Fan, 

Director, USMCA Center, Office of 

Trade, U.S. Customs and Border 

Protection, (202) 738–8946 or usmca@

cbp.dhs.gov. 

Legal Aspects: Craig T. Clark, 

Director, Commercial and Trade 

Facilitation Division, Regulations and 

Rulings, Office of Trade, U.S. Customs 

and Border Protection, (202) 325–0276 

or craig.t.clark@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the 

proposed rule. U.S. Customs and Border 

Protection (CBP) also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this proposed rule. 

Comments that will provide the most 

assistance to CBP will reference a 

specific portion of the proposed rule, 

explain the reason for any 

recommended change, and include data, 

information or authority that support 

such recommended change. 

II. Background 

On July 6, 2021, U.S. Customs and 

Border Protection (CBP) published a 

document in the Federal Register (86 

FR 35422), that proposes to amend the 

CBP regulations regarding nonpreferential origin determinations for 

merchandise imported from Canada or 

Mexico. The document solicited public 

comments on the proposed rule and 

requested that commenters submit their 

comments on or before August 5, 2021. 

Extension of Comment Period 

In response to the proposed rule 

published in the Federal Register, CBP 

has received correspondence from the 

public requesting an extension of the 

comment period for 30 days. CBP has 

decided to grant the extension. 

Accordingly, the comment period for 

the proposed rule is extended to 

September 7, 2021. 

Dated: August 2, 2021. 

Alice A. Kipel, 

Executive Director, Regulations and Rulings, 

Office of Trade, U.S. Customs and Border 

Protection. 

[FR Doc. 2021–16753 Filed 8–4–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0117] 

RIN 1625–AA00 

Safety Zones; Hampton Roads BridgeTunnel Expansion Project, Hampton/ 

Norfolk, VA 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish safety zones for certain 

waters of the Hampton Flats, 

Willoughby Bay, a defined area between 

Phoebus Channel and the North Trestle 

Bridge, and 3 zones around the North 

Trestle Bridge including the North 

Island, the South Trestle Bridge 

including the South Island, and the 

north and south side of the Willoughby 

Bay Bridge. This action is necessary to 

provide for the safety of life on these 

navigable waters in support of the 

Hampton Roads Bridge-Tunnel 

Expansion Project that will take place 

from 2021 through 2025. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zones 

unless authorized by the Captain of the 

Port Sector Virginia or a designated 

representative or under conditions 

specified in this rulemaking. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 7, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2020–0117 using the Federal 

eRulemaking 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 


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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Proposed Rules 42759 

1See Memorandum of Agreement between the 

United States Army Corps of Engineers and the 

United States Coast Guard, dated June 2, 2000 

(available at: https://usace.contentdm.oclc.org/utils/ 

getfile/collection/p16021coll11/id/2518). 

2See USCG Sector Virginia Marine Safety 

Information Bulletin #20–113 (available at https:// 

content.govdelivery.com/accounts/USDHSCG/ 

bulletins/289cb80). 

rulemaking, call or email LCDR Ashley 

Holm, Waterways Management Division 

Chief, Sector Virginia, U.S. Coast Guard; 

telephone 757–668–5580, email 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP U.S. Coast Guard Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

HRBT Hampton Roads Bridge-Tunnel 

HRCP Hampton Roads Connector Partners 

NPRM Notice of proposed rulemaking 

NSRA Navigation Safety Risk Assessment 

§ Section 

U.S.C. United States Code 

USCG United States Coast Guard 

USACE United States Army Corps of 

Engineers 

II. Background, Purpose, and Legal 

Basis 

In April 2019, the Virginia 

Department of Transportation (VDOT) 

awarded the design and construction of 

the Hampton Roads Bridge-Tunnel 

(HRBT) Expansion Project to the 

Hampton Roads Connector Partners 

(HRCP), as the Design-Build contactor. 

The HRBT Expansion Project is a major 

road transport infrastructure project that 

will create an 8-lane facility with 6 

consistent use lanes along 9.9 miles of 

Interstate 64 (I–64), from Settler’s 

Landing Interchange in Hampton, 

Virginia, to the Interstate 564 (I–564) 

interchange in Norfolk, Virginia. To 

better understand the waterways impact 

from the project, the USCG and U.S. 

Army Corps of Engineers (USACE) 

recommended the submission of a 

formal Navigation Safety Risk 

Assessment (NSRA) and Tunnel 

Construction Plan (TCP) prior to any 

permit or approval action by the U.S. 

Army Corps of Engineers.1 The NSRA 

identified three key objectives for 

consideration. The first included 

potential impacts to current and 

forecasted vessel traffic directly related 

to the bridge and tunnel construction 

including all on-water operations and 

staging areas. The second aimed to 

identify the best/least disruptive times 

to schedule movement of constructionrelated vessels. Finally, it identified the 

measures necessary for implementation 

in order to minimize potential hazards 

to navigation. On-water construction 

activities are expected to last 

approximately 5 years (2021–2025). In 

support of construction efforts, multiple 

surface craft will be necessary on-site, 

transiting to and from, as well as prestaged, to ensure continued operations 

are maintained. The increase in 

waterborne traffic in the vicinity of 

construction areas and staging areas will 

introduce hazards to waterways users 

prior to and throughout the duration of 

the construction project. Specific 

hazards during the construction project 

include the proximity of dozens of 

construction-related vessels in the 

bridge area and fleeting areas, including 

material barges and construction 

equipment barges. In addition, 

construction of navigable spans by this 

equipment, as well as construction 

lighting and loud construction activity 

noises will make normal passage 

through the bridge areas unsafe except 

in areas specifically established as safe 

transit corridors by the project 

contractors, HRCP. The Sector Virginia 

Captain of the Port (COTP) has 

determined that these potential hazards 

associated with the HRBT Expansion 

Project will be a safety concern for 

anyone transiting in the vicinity of onwater construction activities related to 

the project. To discuss these safety 

concerns, representatives of the HRCP 

along with the COTP’s staff conducted 

a series of outreach meetings. These 

meetings covered the HRBT Expansion 

Project and the notional safety zones 

that would mitigate the hazards 

discussed above. Due to the COVID–19 

pandemic, those outreach meetings 

were conducted virtually on May 5th, 

6th, and 7th. They were announced 

beforehand by a marine safety 

information bulletin 2 issued by the 

COTP, which is distributed to over 

1,000 subscribed maritime stakeholders 

by email, along with direct email 

notification to community organizations 

in the coastal areas of the cities of 

Norfolk and Hampton, Virginia, which 

are the two cities in the immediate area 

of the construction activity. Twenty-six 

individuals in addition to Coast Guard 

personnel participated in the meetings. 

The feedback received was consistent 

that the HRBT Expansion Project would 

create hazards to navigation for 

recreational vessels and that the 

suggested safety zones would help 

mitigate the risks. Additionally, 

community members expressed support 

that HRCP would have the ability to 

designate safe transit corridors through 

the South Trestle Bridge and 

Willoughby Bay Bridge to ensure that 

coastal property owners could still 

access the waters of Hampton Roads and 

southern Chesapeake Bay during the 

duration of the construction project. The 

text of the proposed regulation has been 

drafted to incorporate feedback from 

these sessions. 

The purpose of this rulemaking is to 

ensure the safety of waterways users on 

the navigable waters within the vicinity 

of the HRBT Expansion Project during 

the course of this multi-year 

construction project. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034 (previously 

33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish 

multiple safety zones to promote safety 

to waterways users during the HRBT 

Expansion Project. The Coast Guard 

currently anticipates the need for 6 

safety zones. The proposed safety zones 

will be used to accommodate pre-staged 

waterborne equipment and establish 

buffer zones around two marine staging 

areas, one safe harbor in case of 

anticipated severe weather, and the 

marine construction work sites expected 

in the vicinity of the North Trestle 

Bridge and North Island, South Trestle 

Bridge and South Island and the north 

and south side of the Willoughby Bay 

Bridge. 

The first safety zone (Zone 1: 

Hampton Flats Mooring Area) would be 

established in the Hampton Flats 

covering a mooring/staging area to 

accommodate 6 barges. Specifically, the 

first safety zone would cover all waters 

of the Hampton Flats, from surface to 

bottom, encompassed by a line 

connecting the following points 

beginning at 36°59′40.41′′ N, 

76°22′10.66′′ W, thence to 37°00′01.84′′ 

N, 76°21′01.69′′ W, thence to 

36°59′52.62′′ N, 76°20′57.23′′ W, thence 

to 36°59′31.19′′ N, 76°22′06.20′′ W, and 

back to the beginning point. The 

Hampton Flats Mooring Area would 

provide critical staging capability 

necessary to the project. Once the HRCP 

begins the installation of mooring buoys 

within the mooring area, the public 

would be restricted entry or mooring 

within the safety zone. Mariners would 

be required to observe lighted marker 

buoys along the perimeter and at each 

of the corners marking the safety zone. 

In the event of inclement weather, this 

mooring/staging area would not be able 

to be used for safe refuge. 

The second safety zone (Zone 2: 

Phoebus Safe Harbor Area) would be 

established as a safe harbor area 

between Phoebus Channel and the 

North Trestle Bridge in the event of 

anticipated severe weather. Specifically, 

all waters west of the Phoebus Channel, 

from surface to bottom, encompassed by 


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a line connecting the following points 

beginning at 37°00′34.26′′ N, 

76°19′10.58′′ W, thence to 37°00′23.97′′ 

N, 76°19′06.16′′ W, thence to 

37°00′22.52′′ N, 76°19′11.41′′ W, thence 

to 37°00′32.81′′ N, 76°19′15.81′′ W, and 

back to the beginning point. While this 

proposed rule is effective, no vessel or 

person would be permitted to anchor 

within the safety zone during 

announced enforcement periods 

without first obtaining permission from 

the COTP or designated representative. 

Such announcements would be made by 

Sector Virginia Broadcast Notice to 

Mariners and broadcasts on VHF–FM 

radio. During enforcement periods, 

mariners would be required to observe 

lighted marker buoys along the 

perimeter and at each of the corners 

marking the safety zone. 

The third safety zone (Zone 3: 

Willoughby Safe Harbor/Mooring Area) 

would be established as a mooring area/ 

safe harbor area in Willoughby Bay. 

Specifically, all waters of Willoughby 

Bay, from surface to bottom, 

encompassed by a line connecting the 

following five points beginning at 

36°57′48.68′′ N, 76°17′08.20′′ W, thence 

to 36°57′44.84′′ N, 76°16′44.48′′ W, 

thence to 36°57′35.31′′ N, 76°16′42.80′′ 

W, thence to 36°57′28.78′′ N, 

76°16′51.75′′ W, thence to 36°57′33.17′′ 

N, 76°17′19.43′′ W, and back to the 

beginning point. Once the HRCP begins 

the installation of mooring buoys within 

the mooring area, the public would be 

restricted entry or mooring within the 

safety zone unless permission from the 

COTP, HRCP, or their designated 

representative is granted on a case-bycase basis. Mariners would be required 

to observe lighted marker buoys along 

the perimeter and at each of the corners 

marking the safety zone. 

The fourth safety zone (Zone 4: North 

Trestle Bridge and North Island) would 

be established from surface to bottom 

for the safety of waterways users in the 

vicinity of ongoing construction activity 

on the east and west sides of the 

Hampton Roads Bridge-Tunnel’s north 

bridge trestle and North Island. No 

vessel or person at any time would be 

permitted within the fixed safety zone, 

300 feet from the east or west side of the 

North Trestle Bridge or the North Island. 

All mariners attempting to enter or 

depart the Hampton Creek Approach 

Channel or the Phoebus Channel in the 

vicinity of the North Island would be 

required to proceed with extreme 

caution and maintain a safe distance 

from construction equipment. Passing 

arrangements, if necessary, would be 

allowed to be requested from the on-site 

foreman via VHF Channel 13 and 16 at 

any time. 

The fifth safety zone (Zone 5: South 

Trestle Bridge and South Island) would 

be established, from surface to bottom, 

300 feet from the east or west side of the 

South Trestle Bridge or the South 

Island. This zone is needed for the 

safety of waterways users in the vicinity 

of ongoing construction activity on the 

east and west sides of the Hampton 

Roads Bridge-Tunnel’s south bridge 

trestle and South Island. No vessel or 

person at any time would be permitted 

within the fixed safety zone without 

permission of the COTP or HRCP, or 

their designated representatives. 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 would 

be required to proceed with extreme 

caution and maintain a safe distance 

from construction equipment. 

The sixth safety zone (Zone 6: 

Willoughby Bay Bridge) would be 

established, from surface to bottom, 

within 50 feet of the north side and 300 

feet of the south side of the Willoughby 

Bay Bridge. This safety zone is needed 

for the safety of waterways users in the 

vicinity of ongoing construction activity 

on the north and south sides of the 

Willoughby Bay Bridge. 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. Mariners requesting to 

transit through other areas of the safety 

zone may do so at any time by 

contacting the on-site foreman via VHF 

Channel 13 and 16. 

The full proposed regulatory text 

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 summarized our analyses 

based on a number of these statutes and 

Executive Orders, and we discussed 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on a comprehensive marine 

traffic survey conducted for all current 

and forecasted vessel traffic in the 

vicinity of the HRBT Expansion Project. 

The survey was used to inform 

mitigation strategies, minimize 

disruptions to navigation, reduce risks 

of marine casualties and determine the 

size, location, duration and time-of-day 

of the recommended safety zones. 

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 

zone 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 because the 

ability to transit safely around or 

through the impacted area will be 

ensured. 

The Coast Guard is aware that there 

are some small entities who operate 

commercial fishing vessels that do fish 

and set traps in some or all of the 

proposed safety zones. There is a 

possibility that for a very small number 

of entities the economic impact of this 

proposed rule caused by exclusion from 

the safety zone areas they typically fish 

could constitute a significant economic 

impact. However, the Coast Guard 

concludes that the number of small 

entities significantly affected would not 

be substantial. 

If you think that your business, 

organization, or governmental 


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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 proposed 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 affects 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 will 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 analyzed this 

proposed rule under that Order and 

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 will not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

F. Environment 

We 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 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 6 safety zones that will be 

activated for the duration of the HRBT 

Expansion Project. Normally such 

actions are 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 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. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s Correspondence 

System of Records notice (84 FR 48645, 

September 26, 2018). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

Prior to this notice, HRCP conducted 

several maritime community outreach 

meetings, with the most recent being 

held virtually on May 6th, 7th, and 8th, 

2020 as announced by public website 

postings and electronic mailing list 

distributions, and email. No further 

public meetings are anticipated at this 

time. Any public meetings held to 

discuss this rulemaking would be 

hosted in-person, virtually, or a 

combination thereof, and would be 

announced by website postings and 

emailed announcements. For 

information on facilities or services for 

individuals with disabilities or to 

request special assistance, call or email 

the person named in the FOR FURTHER

INFORMATION CONTACT section, above. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.519 to read as follows: 


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§ 165.519 Safety Zones; 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 Virginia 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°59′40.41′′ N, 76°22′10.66′′ W, thence 

to 37°00′01.84′′ N, 76°21′01.69′′ W, 

thence to 36°59′52.62′′ N, 76°20′57.23′′ 

W, thence to 36°59′31.19′′ N, 

76°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°00′34.26′′ N, 

76°19′10.58′′ W, thence to 37°00′23.97′′ 

N, 76°19′06.16′′ W, thence to 

37°00′22.52′′ N, 76°19′11.41′′ W, thence 

to 37°00′32.81′′ N, 76°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°57′48.68′′ N, 76°17′08.20′′ W, thence 

to 36°57′44.84′′ N, 76°16′44.48′′ W, 

thence to 36°57′35.31′′ N, 76°16′42.80′′ 

W, thence to 36°57′28.78′′ N, 

76°16′51.75′′ W, thence to 36°57′33.17′′ 

N, 76°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 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 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 this regulation and 

may be assisted by any Federal, state, 

county, or municipal law enforcement 

agency. 

Dated: July 15, 2021. 

Samson C. Stevens, 

Captain, U.S. Coast Guard, Captain of the 

Port Virginia. 

[FR Doc. 2021–16198 Filed 8–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 571 and 575 

[Docket No. NHTSA–2020–0067] 

RIN 2127–AL92 

Standard Reference Test Tire 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 


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