51612 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations 

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). 

■ 2. Revise § 2.28(a) to read as follows: 

§ 2.28 Reopening of cases. 

(a) Favorable information or 

information supporting medical parole 

or compassionate release. Upon the 

receipt of new information of 

substantial significance favorable to the 

prisoner, including medical 

information, or other extraordinary and 

compelling information, a 

Commissioner may reopen a case 

(including an original jurisdiction case), 

and order a special reconsideration 

hearing on the next available docket, or 

modify the previous decision. The 

advancement of a presumptive release 

date or a decision to continue to a 15- 

year reconsideration hearing requires 

the concurrence of two Commissioners. 

* * * * * 

Patricia K. Cushwa, 

Chairman (Acting), U.S. Parole Commission. 

[FR Doc. 2021–19917 Filed 9–15–21; 8:45 am] 

BILLING CODE 4410–31–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, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing 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 rule 

prohibits 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 rule. 

DATES: This rule is effective without 

actual notice September 16, 2021, 

though December 25, 2025. For the 

purposes of enforcement, actual notice 

will be used from September 10, 2021, 

until September 16, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0117 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, 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 Information and 

Regulatory History 

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, 2020. 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 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations 51613 

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 regulation has been drafted 

to incorporate feedback from these 

sessions. 

On August 5, 2021, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety 

Zones; Hampton Roads Bridge-Tunnel 

Expansion Project,’’ 86 FR 42758. There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this project. 

During the comment period that ended 

September 7, 2021, we received no 

comments. 

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. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest. 

Immediate action is needed to respond 

to the potential safety hazards 

associated with the HRBT construction 

project. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Virginia (COTP) has 

determined that potential hazards 

associated with the Hampton Roads 

Bridge Tunnel Project beginning in 

summer 2021 will be a safety concern 

for anyone operating within the vicinity 

of the construction related activity. The 

purpose of this rule is to ensure safety 

of vessels operating in the vicinity of all 

construction related activity in support 

of the HRBT and the navigable waters in 

the safety zone for the duration of the 

project. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

August 7, 2021. There are no changes in 

the regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes 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 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) is being 

established in the Hampton Flats 

covering a mooring/staging area to 

accommodate 6 barges. Specifically, the 

first safety zone covers 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 will provide critical 

staging capability necessary to the 

project. Once the HRCP begins the 

installation of mooring buoys within the 

mooring area, the public will be 

restricted entry or mooring within the 

safety zone. Mariners will 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 will not be able to be used for safe 

refuge. 

The second safety zone (Zone 2: 

Phoebus Safe Harbor Area) is being 

established as a safe harbor area 

between Phoebus Channel and the 

North Trestle Bridge in the event of 

anticipated severe weather. Specifically, 

it covers 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. While this 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 will be made by Sector 

Virginia Broadcast Notice to Mariners 

and broadcasts on VHF–FM radio. 

During enforcement periods, mariners 

will 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) 

is being established as a mooring area/ 

safe harbor area in Willoughby Bay. 

Specifically, it covers 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 will 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 will 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) is being 

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 will 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 will be 

required to proceed with extreme 

caution and maintain a safe distance 

from construction equipment. Passing 

arrangements, if necessary, will 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) is 

being 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 will be 

permitted within the fixed safety zone 

without permission of the COTP or 

HRCP, or their designated 

representatives. HRCP may establish 

51614 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations 

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 will be required to proceed with 

extreme caution and maintain a safe 

distance from construction equipment. 

The sixth safety zone (Zone 6: 

Willoughby Bay Bridge) is being 

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 regulatory text appears at the end 

of this document. 

V. 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, 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule 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 received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will 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 V.A. above, 

this rule will not have a significant 

economic impact on any vessel owner 

or operator. 

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 rule. If the 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. 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). 

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 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 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. 

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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. 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 do not 

individually or cumulatively have a 

significant effect on the human 

environment. This 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 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations 51615 

Manual 023–01–001–01, Rev. 1. A 

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. 

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. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping. 

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 

■ 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.519 to read as follows: 

§ 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 (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°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 BridgeTunnel’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 BridgeTunnel’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 

51616 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations 

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. 

Dated: September 10, 2021. 

Samson C. Stevens, 

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

Port Virginia. 

[FR Doc. 2021–20006 Filed 9–15–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2020–0513; FRL–8320–01– 

OCSPP] RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (21–1.B) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing significant new 

use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). This action requires persons to 

notify EPA at least 90 days before 

commencing manufacture (defined by 

statute to include import) or processing 

of any of these chemical substances for 

an activity that is designated as a 

significant new use by this rule. This 

action further requires that persons not 

commence manufacture or processing 

for the significant new use until they 

have submitted a Significant New Use 

Notice (SNUN), EPA has conducted a 

review of the notice, made an 

appropriate determination on the notice, 

and has taken any risk management 

actions as are required as a result of that 

determination. 

DATES: This rule is effective on 

November 15, 2021. For purposes of 

judicial review, this rule shall be 

promulgated at 1 p.m. (E.S.T.) on 

September 30, 2021. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

William Wysong, New Chemicals 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 564–4163; 

email address: wysong.william@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use the chemical substances 

contained in this rule. The following list 

of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Manufacturers or processors of one 

or more subject chemical substances 

(NAICS codes 325 and 324110), e.g., 

chemical manufacturing and petroleum 

refineries. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA, which would 

include the SNUR requirements. 

Chemical importers are subject to the 

TSCA section 13 (15 U.S.C. 2612) 

import provisions. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, pursuant to 40 CFR 721.20, 

any persons who export or intend to 

export a chemical substance that is the 

subject of this rule are subject to the 

export notification provisions of TSCA 

section 12(b) (15 U.S.C. 2611(b)), and 

must comply with the export 

notification requirements in 40 CFR part 

707, subpart D. 

B. How can I access the docket? 

The docket includes information 

considered by the Agency in developing 

the proposed and final rules. The docket 

for this action, identified by docket 

identification (ID) number EPA–HQ– 

OPPT–2020–0513, is available at 

https://www.regulations.gov and at the 

Office of Pollution Prevention and 

Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

Due to the public health emergency, 

the EPA Docket Center (EPA/DC) and 

Reading Room is closed to visitors with 

limited exceptions. The staff continues 

to provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

II. Background 

A. What action is the Agency taking? 

EPA is finalizing SNURs under TSCA 

section 5(a)(2) for chemical substances 

which were the subject of PMNs P–18– 

175 and P–19–38. These SNURs require 

persons who intend to manufacture or 

process any of these chemical 

substances for an activity that is 

designated as a significant new use to 

notify EPA at least 90 days before 

commencing that activity. 

Previously, in the Federal Register of 

November 16, 2020 (85 FR 73007) (FRL– 

10016–39), EPA proposed SNURs for 

these chemical substances. More 

information on the specific chemical 

substances subject to this final rule can 

be found in the Federal Register 

document proposing the SNURs. The 

docket includes information considered 

by the Agency in developing the 

proposed and final rules, including 

public comments and EPA’s responses 

to the public comments received on the 

proposed rules, as described in Unit IV. 

B. What is the Agency’s authority for 

taking this action? 

TSCA section 5(a)(2) (15 U.S.C. 

2604(a)(2)) authorizes EPA to determine 

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the four TSCA section 5(a)(2) 

factors listed in Unit III. 

C. Do the SNUR general provisions 

apply? 

General provisions for SNURs appear 

in 40 CFR part 721, subpart A. These 

provisions describe persons subject to 

the rule, recordkeeping requirements, 

exemptions to reporting requirements, 

and applicability of the rule to uses 

occurring before the effective date of the 

rule. Provisions relating to user fees 

appear at 40 CFR part 700. Pursuant to 

40 CFR 721.1(c), persons subject to 

these SNURs must comply with the 

same SNUN requirements and EPA 

regulatory procedures as submitters of