Proposed Rule2022-06339
Anchorage Grounds; Cape Fear River Approach, North Carolina
Primary source
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Published
March 25, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend the anchorage regulations for Lockwoods Folly Inlet, NC, and adjacent navigable waters, by establishing a new offshore anchorage, relocating the existing explosives anchorage and amending the anchorage regulations. The purpose of this supplemental proposed rule is to improve navigation and public safety by accommodating recent and anticipated future growth in cargo vessel traffic and vessel size that call on Military Ocean Terminal Sunny Point and the Port of Wilmington, North Carolina. We invite your comments on this supplemental proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Proposed Rules]
[Pages 17047-17050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06339]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2020-0216]
RIN 1625-AA01
Anchorage Grounds; Cape Fear River Approach, North Carolina
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the anchorage
regulations for Lockwoods Folly Inlet, NC, and adjacent navigable
waters, by establishing a new offshore anchorage, relocating the
existing explosives anchorage and amending the anchorage regulations.
The purpose of this supplemental proposed rule is to improve navigation
and public safety by accommodating recent and anticipated future growth
in cargo vessel traffic and vessel size that call on Military Ocean
Terminal Sunny Point and the Port of Wilmington, North Carolina. We
invite your comments on this supplemental proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 25, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0216 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 rulemaking, call or email Lieutenant Gregory Kennerley, Sector
North Carolina, U.S. Coast Guard; telephone (910) 772-2230, email
<a href="/cdn-cgi/l/email-protection#dd9aafb8bab2afa4f390f396b8b3b3b8afb1b8a49da8aebebaf3b0b4b1"><span class="__cf_email__" data-cfemail="e4a39681838b969dcaa9caaf818a8a819688819da491978783ca898d88">[email protected]</span></a>; or Mr. Matthew Creelman, Waterways
Management Branch, Fifth Coast Guard District, U.S. Coast Guard;
telephone (757) 398-6225, email <a href="/cdn-cgi/l/email-protection#86cbe7f2f2eee3f1a8cda8c5f4e3e3eaebe7e8b4c6f3f5e5e1a8ebefea"><span class="__cf_email__" data-cfemail="86cbe7f2f2eee3f1a8cda8c5f4e3e3eaebe7e8b4c6f3f5e5e1a8ebefea">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On May 8, 2020, the Coast Guard published a notification of inquiry
in the Federal Register (85 FR 27343) to solicit public comments on
whether we should initiate a rulemaking to establish an anchorage
ground offshore in the approaches to the Cape Fear River, North
Carolina, and to increase the size and relocate the existing Lockwood's
Folly Inlet explosives anchorage. After receiving favorable comments,
the Coast Guard decided to propose the rulemaking. On August 17, 2021,
the Coast Guard published a notice of proposed rulemaking (NPRM) in
Federal Register (86 FR 45936), stating why we issued the NPRM, and
invited comments on our proposed anchorage. During the comment period
that ended on October 18, 2021, we received five comment letters in
response. The Coast Guard is now issuing this supplemental notice of
proposed rulemaking (SNPRM) to solicit comments on changes made to the
NPRM.
The purpose of this proposed rule is to accommodate recent and
anticipated future growth in cargo vessel traffic and vessel size that
call on Military Ocean Terminal Sunny Point and the Port of Wilmington,
improve navigation and public safety, and to preserve areas
traditionally used for anchoring.
The legal basis and authorities for this notice of proposed
rulemaking are found in 46 U.S.C.70006, 33 CFR 1.05-1, DHS Delegation
No. 0170.1, which collectively authorize the Coast Guard to propose,
establish, and define regulatory anchorage grounds.
III. Discussion Comments, Changes, and Proposed Rule
As noted above, we received five comments on our NPRM published
August 17, 2021. One was in full support of the proposed rule, one had
concerns over possible area use conflicts with offshore wind energy
development, and three were regarding potential conflict with the
anchorage and an artificial reef. The following sections detail the
concerns raised by these comments. As a result, the Coast Guard has
issued this SNPRM with proposed changes to the regulatory text of the
rule. Specifically, we propose the western boundary and coordinates of
the proposed Explosives Anchorage B be moved 1000 yards eastward to
avoid a conflict with a North Carolina Division of Marine Fisheries
Artificial Reef (AR-455). The remainder of the proposed rule remains
unchanged.
A. Offshore Wind Development
One commenter raised concerns that the proposed anchorage would
take up an area that could be utilized for offshore wind energy
development, and by doing so, would deprive the local economy of
investment and energy resulting from the development. The Coast Guard
finds this comment to be not applicable to this particular rulemaking
as the proposed anchorage area does not overlap or limit any known wind
energy lease area as published by the Bureau of Ocean Energy Management
(BOEM), the lead agency in the U.S. offshore wind development. The
Coast Guard works closely with BOEM in the planning of these offshore
lease areas and has confirmed the area proposed for this rule is not
under consideration for wind development.
B. Artificial Reef
There were three comments received by the Coast Guard with concerns
that the westernmost boundary of the proposed Explosives Anchorage B
overlapped the location of an artificial reef, North Carolina Division
of Marine Fisheries' Reef (AR-455). This overlap reveals potential
hazards as anchoring vessels could damage the reef or possibly foul
their anchors on the underwater structures. The Coast Guard agreed with
these concerns and reached out to the North Carolina Division of Marine
Fisheries to discuss a new agreeable boundary for the anchorage that
would not conflict with AR-455. After reviewing the location of each of
the underwater features within AR-455, the Coast Guard proposes to move
the western boundary of Anchorage B 1000 yards to the east of AR-455.
This distance would prevent any vessel anchored within Anchorage B from
damaging the reef or interfering with other vessels visiting the reef.
This would reduce the overall size of anchorage area initially
proposed, but the Coast Guard believes there is still
[[Page 17048]]
sufficient area within the anchorage to meet anchorage needs.
C. Proposed Rule
The intent of this proposed rule remains unchanged. This proposed
rule would formally establish an anchorage ground, Anchorage A,
approximately eight nautical miles southwest of the Oak Island Light.
This proposed rule would also increase the size and relocate Lockwoods
Folly Inlet explosives anchorage to adjacent Anchorage A on its western
boundary; and rename it Anchorage B. The specific coordinates for these
proposed anchorage grounds are included in the proposed regulatory text
at the end of this document.
You may find an illustration of the anchorages in the docket where
indicated under ADDRESSES. Additionally, the anchorage ground is
available for viewing on the Mid-Atlantic Ocean Data Portal at <a href="https://portal.midatlanticocean.org/visualize/">https://portal.midatlanticocean.org/visualize/</a>. See ``USCG Proposed Areas and
Studies'' under the ``Maritime'' portion of the Data Layers section.
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 SNPRM has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, the SNPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and historical vessel traffic data pertaining to the
anchorage locations. The regulation would designate and preserve an
approximately 22 square mile deep water area traditionally used by
cargo ships for anchoring near existing traffic lanes. It would also
relocate the existing explosives anchorage approximately five nautical
miles further offshore increasing separation distances between vessels
laden with explosives and the public, and expand its size from
approximately five to seven square miles. This regulatory action
provides commercial vessel anchorage needs while enhancing the
navigation safety, environmental stewardship, and public safety.
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 use the
anchorages 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. The towns and communities along
the Cape Fear River approaches have an economy based on tourism and
numerous small entities and businesses. The establishment of Anchorage
A and Anchorage B will increase controls over vessels that currently
anchor in the general vicinity and increase the distance between
anchored vessels and the shore and beaches, lessening impacts these
small entities may currently experience.
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
establishing an anchorage ground, Anchorage A, in an area traditionally
used by cargo ships for anchoring in the approaches to the Cape
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Fear River, NC; and increasing the size of and relocating the Lockwoods
Folly Inlet explosives anchorage to an area adjacent to Anchorage A (on
its western boundary), expanding its use, and renaming it Anchorage B.
Normally such actions are categorically excluded from further review
under paragraph L[59] 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2020-0216 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> will 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 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 2071, 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 110.170 to read as follows:
Sec. 110.170 Cape Fear, N.C.
(a) The anchorage grounds. All coordinates in this section are
based on the World Geodetic System (WGS 84).
(1) Anchorage A. The waters bound by a line connecting the
following points:
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]47'59.09'' N 78[deg]14'58.67'' W
33[deg]47'59.09'' N 78[deg]06'24.74'' W
33[deg]46'01.22'' N 78[deg]06'24.74'' W
33[deg]46'01.22'' N 78[deg]14'58.67'' W
------------------------------------------------------------------------
(2) Anchorage B. Explosives anchorage. The waters bound by a line
connecting the following points:
Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]47'59.09'' N 78[deg]17'14.00'' W
33[deg]47'59.09'' N 78[deg]14'58.67'' W
33[deg]46'01.22'' N 78[deg]14'58.67'' W
33[deg]46'01.22'' N 78[deg]17'14.00'' W
------------------------------------------------------------------------
(b) Definitions. As used in this section--
Cargoes of particular hazard means ``cargo of particular hazard''
as defined in Sec. 126.3 of this title.
Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 1.4
explosives, as defined in 49 CFR 173.50.
Dangerous cargo means ``certain dangerous cargo'' as defined in
Sec. 160.204 of this title.
U.S. naval vessel means any vessel owner, operated, chartered, or
leased by the U.S. Navy; and any vessel under the operational control
of the U.S. Navy or Combatant Command.
(c) General regulations. (1) Vessels in the Atlantic Ocean near
Cape Fear River Inlet awaiting berthing space within the Port of
Wilmington shall only anchor within the anchorage grounds defined and
established in this section, except in cases of emergency.
(2) Vessels anchoring under circumstances of emergency outside the
anchorage areas shall be shifted to new positions within the anchorage
grounds immediately after the emergency ceases.
(3) Vessels may anchor anywhere within the anchorage grounds
provided such anchoring does not interfere with the operations of any
other vessel at anchorage; except a vessel may not anchor within 1,500
yards of a vessel carrying or handling dangerous cargoes, cargoes of a
particular hazard, or Class 1 (explosive) materials. Vessels shall lie
at anchor with as short of a chain or cable as conditions permit.
(4) Prior to entering the anchorage grounds, all vessels must
notify the Coast Guard Captain of the Port Sector North Carolina (COTP)
via VHF-FM channel 16.
(5) No vessel may anchor within the anchorage grounds for more than
72 hours without the prior approval of the COTP. To obtain this
approval, contact the COTP via VHF-FM channel 16.
(6) The COTP may close the anchorage grounds and direct vessels to
depart the anchorage during periods of severe weather or at other times
as deemed necessary in the interest of port safety or security.
(7) The COTP may prescribe specific conditions for vessels
anchoring within the anchorage grounds, including but not limited to,
the number and location of anchors, scope of chain, readiness of
engineering plant and equipment, usage of tugs, and requirements for
maintaining communications guards on selected radio frequencies.
(d) Regulations for vessels handling or carrying dangerous cargoes,
cargoes of a particular hazard, or Class 1 (explosive) materials. This
paragraph (d) applies to every vessel, except U.S. naval vessels,
handling or carrying dangerous cargoes, cargoes of a particular hazard,
or Class 1 (explosive) materials.
(1) Unless otherwise directed by the Captain of the Port, each
commercial
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vessel handling or carrying dangerous cargoes, cargoes of a particular
hazard, or Class 1 (explosive) materials must be anchored within
Anchorage B.
(2) Vessels requiring the use of Anchorage B must display by day a
red flag (Bravo flag) in a prominent location and by night a fixed red
light. In lieu of a fixed red light, by night a red flag may be
illuminated by spotlight.
Dated: March 10, 2022.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2022-06339 Filed 3-24-22; 8:45 am]
BILLING CODE 9110-04-P
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