Safety Zone: Cape Fear River, Wilmington, NC
| Published date | 31 January 2019 |
| Citation | 84 FR 619 |
| Record Number | 2019-00562 |
| Section | Proposed rules |
| Court | Coast Guard,Homeland Security Department |
619
Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules
$150 for the first address; $50 for each
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Request for panel of arbitrators processed
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in a specific area: $35.00 per request plus
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Dated: December 18, 2018.
Jeannette Walters-Marquez,
Attorney-Advisor.
[FR Doc. 2018–27759 Filed 1–30–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1067]
RIN 1625–AA00
Safety Zone: Cape Fear River,
Wilmington, NC
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard proposes to
establish two temporary safety zones on
the navigable waters of the Cape Fear
River in Brunswick County and New
Hanover County, North Carolina. These
temporary safety zones are intended to
restrict vessel traffic on the Cape Fear
River while a vessel transports and
offloads one new Post-Panamax
container crane to the North Carolina
State Port in Wilmington, North
Carolina. The first temporary safety
zone will be enforced for one day during
vessel transit from March 20 through
April 15, 2019, and the second
temporary safety zone for offload will be
enforced for one day within five days
after transit. This action is intended to
restrict vessel traffic on the Cape Fear
River to protect mariners and vessels
from the hazards associated with
transporting and offloading the
assembled container crane. This
proposed rulemaking would prohibit
vessels or persons from being in the
safety zones unless specifically
authorized by the Captain of the Port
(COTP) North Carolina or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES
: Comments and related material
must be received by the Coast Guard on
or before March 4, 2019.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2018–1067 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, contact Petty Officer
Matthew Tyson, Waterways
Management Division, U.S. Coast Guard
Sector North Carolina, Wilmington, NC;
telephone: 910–772–2221, email:
Matthew.I.Tyson@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background, Purpose, and Legal
Basis
On November 14, 2018, the North
Carolina State Port Authority notified
the Coast Guard that it will be
transporting one pre-assembled Post-
Panamax container crane up the Cape
Fear River to the North Carolina State
Port in Wilmington, North Carolina, and
offloading it. The planned transit date is
March 25, 2019, and the planned offload
date is March 27, 2019. Due to crane
preconstruction and vessel travel times,
the crane could transit as early as March
20, 2019, and as late as April 15, 2019.
The transit path will be from the Cape
Fear River Entrance Buoy, north through
the Cape Fear River to the turning basin,
and ending at the North Carolina State
Port in Wilmington, North Carolina. The
planned offload date is two days after
transit, but weather conditions may
change the offload date to any day
within five days after transit. The
Captain of the Port (COTP) North
Carolina has determined that potential
safety hazards associated with
transporting and offloading the
container crane would be a concern for
anyone transiting the Cape Fear River.
The purpose of this rule is to protect
persons, vessels, and the marine
environment on the navigable waters on
the Cape Fear River during the transport
and offload of the container crane. The
Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone on a portion of the Cape
Fear River to be enforced during the
transit of a vessel transporting one pre-
assembled Post-Panamax container
crane up the Cape Fear River from
March 20 through April 15, 2019, and
offloading the container within five
days after transit. The currently
scheduled transit date is March 25,
2019, and the currently scheduled
offload date is March 27, 2019. The
transport is expected to take between
five and seven hours and the offload is
expected to take up to five hours. Exact
enforcement times will be based on tide
schedules, anticipated sea conditions,
and weather conditions, therefore the
exact enforcement times will be
announced by broadcast to mariners at
least two days prior to the transit. The
safety zone for the transit will include
all navigable waters of the Cape Fear
River from the International Regulations
for Prevention of Collisions at Sea, 1972
(COLREGS, 72) Demarcation Line drawn
from Oak Island Light House to Bald
Head Island Abandon Light House
noted on NOAA chart 11537 and
proceeding north up the Cape Fear River
from shore to shore to the Cape Fear
Memorial Bridge, a length of
approximately 26 miles. This portion of
the safety zone will be enforced until
the vessel transporting the crane has
been safely moored at North Carolina
State Port in Wilmington, North
Carolina. The safety zone for the offload
will include all navigable waters of the
Cape Fear River within 200 yards of the
transport vessel while it is moored. The
duration of this zone is intended to
protect persons, vessels, and the marine
environment on the navigable waters of
the Cape Fear River during the transport
and offload of the container crane. No
vessel or person will be permitted to
enter the safety zone unless specifically
authorized by the Captain of the Port
North Carolina or a designated
representative. There will be a pre-
designated safety vessel ahead of the
transport vessel to monitor the flow of
traffic and inform mariners that the
container crane transit is in progress.
Vessels that are less than 40 feet in
height and will not impede the transport
vessel may request permission to pass
through the safety zone or remain in
place as the transport vessel passes. The
Fort Fisher and Bald Head ferries will
be able to operate on their normal
schedule as long as the scheduled
transit will not come within one mile of
the transport vessel and they receive
permission from the Captain of the Port
North Carolina or a designated
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representative. The strict height
restriction of 40 feet is required because
portions of the transported crane extend
over the water on both sides of the
transport vessel. The regulatory text we
are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we 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), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the proposed safety zone.
Vessel traffic will not be allowed to
enter or transit portions of the Cape Fear
River for 2 non-consecutive days from
March 20 through April 20, 2019. Vessel
traffic will not be allowed to enter or
transit a portion of the Cape Fear River
for approximately five to seven hours
during the transit of the transport vessel,
and for up to five hours during the
offload after the transit. The Coast
Guard will issue a Local Notice to
Mariners and transmit a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 regarding the safety zone.
This portion of the Cape Fear River has
been determined to be a high traffic
area. This rule allows vessels to request
permission to pass through the moving
safety zone or remain in place as long
as they are under the height restriction
of 40 feet.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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 contact 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 contact 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 and
Commandant Instruction M16475.1D,
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 a safety zone lasting five to
seven hours on all navigable waters of
the Cape Fear River from the
International Regulations for Prevention
of Collisions at Sea, 1972 (COLREGS,
72) Demarcation Line drawn from Oak
Island Light House to Bald Head Island
Abandon Light House noted on NOAA
chart 11537 and proceeding north up
the Cape Fear River from shore to shore
to the Cape Fear Memorial Bridge, a
length of approximately 26 miles, and a
safety zone lasting up to five hours that
would prohibit entry within 200 yards
of a moored vessel. Normally such
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under
ADDRESSES
. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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 http://
www.regulations.gov. If your material
cannot be submitted using http://
www.regulations.gov, contact the person
in the
FOR FURTHER INFORMATION
CONTACT
section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■2. Add § 165.T05–1067 to read as
follows:
§ 165.T05–1067 Safety Zone; Cape Fear
River, Brunswick County and New Hanover
County, NC.
(a) Location. The following areas are
safety zones:
(1) Safety zone 1. All navigable waters
of the Cape Fear River from the
International Regulations for Prevention
of Collisions at Sea, 1972 (COLREGS,
72) Demarcation Line drawn from Oak
Island Light House to Bald Head Island
Abandon Light House noted on NOAA
chart 11537 and proceeding north up
the Cape Fear River from shore to shore
to the Cape Fear Memorial Bridge, in
Brunswick County and New Hanover
County, NC;
(2) Safety zone 2. Waters of the Cape
Fear River within 200 yards around the
vessel transporting the new Post-
Panamax container crane to the North
Carolina State Port Authority in
Wilmington, North Carolina, while the
vessel is moored at the North Carolina
State Port in Wilmington, North
Carolina.
(b) Definitions. As used in this
section—
Captain of the Port means the
Commander, Sector North Carolina.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Participants means persons and
vessels involved in support of the
container crane transport and offload.
(c) Regulations. (1) The general
regulations governing safety zones in
§ 165.23 apply to the areas described in
paragraph (a) of this section.
(2) With the exception of participants,
entry into or remaining in these safety
zones is prohibited unless authorized by
the COTP North Carolina or the COTP
North Carolina’s designated
representative. All other vessels must
depart the zone immediately.
(3) The Captain of the Port, North
Carolina can be reached through the
Coast Guard Sector North Carolina
Command Duty Officer, Wilmington,
North Carolina at telephone number
910–343–3882.
(4) The Coast Guard and designated
security vessels enforcing the safety
zone can be contacted on VHF–FM
marine band radio channel 13 (165.65
MHz) and channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement Periods. This
regulation will be enforced for:
(1) Zone 1 during vessel transit.
Vessel transit is anticipated to take one
day and will occur from March 20
through April 15, 2019;
(2) Zone 2 during offload of the Post-
Panamax container crane. Offload will
take one day and will occur within five
days after vessel transit is complete.
(f) Public Notification. The Coast
Guard will notify the public of the
active enforcement times at least 48
hours in advance by transmitting
Broadcast Notice to Mariners via VHF–
FM marine channel 16.
Dated: January 28, 2019.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2019–00562 Filed 1–30–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0020]
RIN 1625–AA00
Safety Zone; Tanapag Harbor, Saipan,
CNMI
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard is proposing
to establish a safety zone for navigable
waters within Tanapag Harbor, Saipan.
This safety zone will encompass the
designated swim course for the Escape
from Managaha swim event in the
waters of Tanapag Harbor, Saipan,
Commonwealth of the Northern Mariana
Islands. This action is necessary to
protect all persons and vessels
participating in this marine event from
potential safety hazards associated with
vessel traffic in the area. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone. Entry of persons or vessels
into the safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) Guam. We invite your
comments on this proposed rulemaking.
DATES
: Comments and related material
must be received by the Coast Guard on
or before March 4, 2019.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2019–0020 using the Federal
eRulemaking Portal at https://
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