Anchorage Grounds; Cape Fear River Approach, North Carolina
| Published date | 17 August 2021 |
| Citation | 86 FR 45936 |
| Record Number | 2021-17291 |
| Section | Proposed rules |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)
[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Proposed Rules]
[Pages 45936-45939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17291]
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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: 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 waters, by
establishing a new offshore anchorage and relocating and amending the
existing explosives anchorage. The purpose of this 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,
NC. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 18, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0216 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 rulemaking, call or email Marine Science Technician Chief
(MSTC) Joshua O'Rourke, Sector North Carolina, U.S. Coast Guard;
telephone (910) 772-2227, email [email protected]; or Mr. Jerry
Barnes, Waterways Management Branch, Fifth Coast Guard District, U.S.
Coast Guard; telephone (757) 398-6230, email [email protected].
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
NM Nautical Miles
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
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, NC, and to
increase the size and relocate the existing Lockwoods Folly Inlet
explosives anchorage. We received two comment letters in response, both
endorsing a rulemaking to amend the anchorage regulations as described.
The Coast Guard is now moving forward with this proposed rulemaking.
The Cape Fear River supports a diverse marine transportation system
which includes Military Ocean Terminal Sunny Point, North Carolina
State Port of Wilmington, and several oil terminals and bulk-handling
facilities for cement, asphalt products, molasses, liquid chemicals,
sulfur, fertilizers and liquid sugar. Military Ocean Terminal Sunny
Point is a Department of Defense facility that stores and ships
ammunition, dangerous cargo and explosives for United States forces
worldwide. A federal navigation project provides for a channel 44 feet
deep from the ocean to a point just south of Southport, NC, and 42 feet
to the Lower Anchorage Basin and Turning Basin at Wilmington, NC. In
support of continued port growth and growth in both size and volume of
vessel traffic, the U.S. Army Corps of Engineers is considering the
need for major channel depth, width, and alignment changes. These
include deepening the existing federal navigation channel to the Port
of Wilmington, extending the ocean entrance channel farther offshore,
and widening channels in the Cape Fear River where needed.
At the same time, the demand for offshore wind energy is
increasing. Plummeting costs, technological advancements, increasing
demand and great economic potential have combined to make offshore wind
a promising avenue for adding to a diversified national energy
portfolio. In 2018, the Bureau of Ocean Energy Management (BOEM)
developed and sought feedback on a Proposed Path Forward for Future
[[Page 45937]]
Offshore Renewable Energy Leasing on the Atlantic OCS (83 FR 14881,
April 6, 2018). Offshore the Carolinas, BOEM has identified several
wind energy lease and call areas and intends to work with the states of
North Carolina and South Carolina using a regional model to plan and
analyze these areas for potential future offshore wind leases.
Traditionally, vessels awaiting entrance and pilotage to the Cape
Fear River anchor outside the traffic separation scheme west of the sea
buoy (Cape Fear River Entrance Lighted Whistle Buoy CF). The Coast
Guard has concerns that as wind energy areas are developed and
electrical export cables installed, vessel traffic may be displaced or
funneled into smaller areas, and areas traditionally used for anchoring
may be impacted or lost. Establishing an adequate and dedicated
offshore anchorage will preserve areas traditionally used for anchoring
and alleviate potential hazardous conditions of vessels anchoring in
the common approaches to the Cape Fear River.
On January 18, 1969, regulations for the Lockwoods Folly Inlet (33
CFR 110.170) explosives anchorage were published (34 FR 839) outlining
the area as an anchorage reserved for the exclusive use of vessels
carrying explosives. The anchorage is located within 3 nautical miles
(NM) from shore and in water with charted depths between 32 and 37
feet. The Coast Guard is concerned that the anchorage does not meet the
current needs of safe navigation due to the increased size and drafts
of vessels that call on Military Ocean Terminal Sunny Point and the
Port of Wilmington, and a better location is possible in the interest
of navigation and public safety.
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 of Proposed Rule
This proposed rule would formally establish an anchorage ground,
Anchorage A, approximately 8 NM southwest of the Oak Island Light, west
of the pilot boarding area, in an area traditionally used by cargo
ships for anchoring in the approaches to the Cape Fear River, NC. This
location is near existing traffic lanes and in naturally deep water
with charted depths between 40 and 52 feet. This proposed rule also
includes regulations intended to govern anchoring practices and provide
the Captain of the Port additional controls over vessel choosing to
anchor offshore. 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.
Anchorage B would be approximately 5 NM further offshore than the
existing anchorage and increase separation distances between vessels
laden with explosives and the public. The use of Anchorage B would be
expanded to include vessels carrying or handling dangerous cargo or
cargoes of a particular hazard in addition to vessels carrying
explosives; its use would be required for vessels carrying such
cargoes; and vessels anchored with such cargoes would be required to
display a visible red flag or light. The specific coordinates for these
proposed anchorage gounds 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 http://portal.midatlanticocean.org/visualize/. 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. 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 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 5 NM further
offshore increasing separation distances between vessels laden with
explosives and the public, and expand its size from approximately 5 to
7 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 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 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
[[Page 45938]]
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 effects of this 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 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 L59 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. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). Documents mentioned in this NPRM as being available in
the docket, and public comments, will be in our online docket at
https://www.regulations.gov and can be viewed by following that
website's instructions. 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. 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.
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: 46 U.S.C. 70006, 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, NC.
(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
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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 1 to Paragraph (a)(2)
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
33[deg]47'59.09'' N 78[deg]17'49.00'' 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]17'49.00'' W
------------------------------------------------------------------------
(b) Definitions. As used in this section--
[[Page 45939]]
Cargoes of particular hazard means ``cargo of particular hazard''
as defined in Sec. 126.3 of this chapter.
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 chapter.
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 hereby
defined and established, 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.
(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: August 2, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-17291 Filed 8-16-21; 8:45 am]
BILLING CODE 9110-04-P
