Rule2022-13173
Anchorage Grounds; Cape Fear River Approach, North Carolina
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2022
Effective
July 21, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending 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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 118 (Tuesday, June 21, 2022)</title>
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[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Rules and Regulations]
[Pages 36766-36768]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13173]
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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, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending 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 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.
DATES: This rule is effective July 21, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
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#7d3a0f181a120f0453305336181313180f1118043d080e1e1a53101411"><span class="__cf_email__" data-cfemail="5f182d3a38302d26711271143a31313a2d333a261f2a2c3c3871323633">[email protected]</span></a>; or Mr. Matthew Creelman, Waterways
Management Branch, Fifth Coast Guard District, U.S. Coast Guard;
telephone (757) 398-6230, email <a href="/cdn-cgi/l/email-protection#92dff3e6e6faf7e5bcd9bcd1e0f7f7fefff3fca0d2e7e1f1f5bcfffbfe"><span class="__cf_email__" data-cfemail="b9f4d8cdcdd1dcce97f297facbdcdcd5d4d8d78bf9cccadade97d4d0d5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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 Information and Regulatory History
On May 8, 2020, the Coast Guard published a notice 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 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) and invited comments on our proposed anchorage. After
considering comments made on the NPRM, the Coast Guard issued a
supplemental notice of proposed rulemaking (SNPRM) in Federal Register
(87 FR 17047) on March 25, 2022. There we stated why we issued the
SNPRM and invited comments on our revised proposed anchorage
regulation. During that comment period that ended April 25, 2022, we
received one comment.
III. Legal Authority and Need for Rule
The legal basis and authorities for this rule are found in 46
U.S.C.70006, 33 CFR 1.05-1, DHS Delegation No. 0170.1, which
collectively authorize the Coast
[[Page 36767]]
Guard to propose, establish, and define regulatory anchorage grounds.
This rule is necessary 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our SNPRM published
March 25, 2022. That comment requested that we consider revising the
regulatory language used to describe the anchorage coordinates in order
to aid cartography and comprehension. The comment recommended revising
paragraphs (a)(1) and (a)(2) by removing text reading, ``The waters
bound by a line connecting the following points:'', and replacing it
with, ``The corner coordinates of the anchorage follow:''. The Coast
Guard agrees with this recommendation and the intent to assist
cartography. The revision has been implemented into the regulatory text
at the end of this rulemaking, all other regulatory text remains the
unchanged.
This rule formally establishes an anchorage ground, Anchorage A,
approximately eight nautical miles southwest of the Oak Island Light.
This rule also increases the size and relocates Lockwoods Folly Inlet
explosives anchorage to adjacent Anchorage A on its western boundary;
and renames it Anchorage B. The specific coordinates for these
anchorage grounds are included in the regulatory text 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. 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 the size,
location, and historical vessel traffic data pertaining to the
anchorage locations. The regulation designates and preserves an
approximately 22 square mile deep water area traditionally used by
cargo ships for anchoring near existing traffic lanes. It also
relocates the existing explosives anchorage approximately five nautical
miles further offshore, increasing separation distances between vessels
laden with explosives and the public, and expands its size from
approximately five to seven square miles. This regulatory action
provides for 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 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 use the
anchorages may be small entities, for the reasons stated in section IV.
A above, this 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.
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.
[[Page 36768]]
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
establishing an anchorage ground, Anchorage A, in an area traditionally
used by cargo ships for anchoring in the approaches to the Cape 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.
It is categorically excluded from further review under paragraph
L[59(a)] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. 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 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard amends
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. 2071; 46 U.S.C. 70006, 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, NC.
(a) The anchorage grounds. All coordinates in this section are
based on the World Geodetic System (WGS 84).
(1) Anchorage A. The corner coordinates of the anchorage are:
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 corner coordinates of
the anchorage follow:
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 paragraph (a) of 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 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 vessel handling or carrying dangerous cargoes, cargoes of a
particular hazard, or Class 1 (explosive) materials must be anchored
within Anchorage B of paragraph (a)(2) of this section.
(2) Vessels requiring the use of Anchorage B of paragraph (a)(2) of
this section 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: June 14, 2022.
S.N. Gilreath,
Rear Admiral Lower Half, U.S. Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2022-13173 Filed 6-17-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 21, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.