[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 1599-1602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00421]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0965]
RIN 1625-AA00


Safety Zone; Cape Fear River, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of the Cape Fear River in Brunswick County and 
New Hanover County, North Carolina. This temporary safety zone is 
intended to restrict vessel traffic on the Cape Fear River while a 
vessel transports two new Post-Panamax gantry cranes to the North 
Carolina State Port in Wilmington, North Carolina. This action is 
intended to restrict vessel traffic on the Cape Fear River to protect 
mariners and vessels from the hazards associated with transporting the 
assembled gantry cranes. Entry of vessels or persons into this safety 
zone is prohibited unless specifically authorized by the Captain of the 
Port (COTP) North Carolina or a designated representative. We invite 
your comments on this proposed rulemaking.

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DATES: Comments and related material must be received by the Coast 
Guard on or before February 12, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0965 using the Federal eRulemaking Portal at http://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: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On August 22, 2017, the North Carolina State Port Authority 
notified the Coast Guard that they will be transporting two pre-
assembled Post-Panamax gantry cranes up the Cape Fear River to the 
North Carolina State Port in Wilmington, North Carolina. The planned 
transit date is April 1, 2018 with alternate dates of March 29th, 30th, 
31st, April 2nd, 3rd, or 4th, 2018. 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 COTP North Carolina has determined that 
potential safety hazards associated with transporting the gantry cranes 
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 of the gantry cranes. 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 two pre-assembled Post-Panamax gantry cranes up the Cape 
Fear River on April 1, 2018. The transport is expected to take between 
five and seven hours. There will be alternate dates of March 29th, 
30th, 31st, April 2nd, 3rd, or 4th, 2018 in case severe weather or 
other conditions prevent the safe transit of the vessel on April 1st. 
Exact enforcement times will be based on tide schedules and anticipated 
sea conditions and will be announced by broadcast to mariners at least 
two days prior to the transit. The safety zone 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. The safety zone will be 
enforced until the vessel transporting the cranes has been safely 
moored at North Carolina State Port in Wilmington, North Carolina. 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 of the gantry cranes. 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 
gantry 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 representative. The strict height restriction of 40 feet is 
required because portions of the transported cranes 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 a portion of the Cape Fear River on 
April 1, 2018 with alternate dates of March 29th, 30th, 31st, April 
2nd, 3rd, or 4th, 2018 for approximately five to seven hours. 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

[[Page 1601]]

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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 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. Normally such 
actions are categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. 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.

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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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

0
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.

0
2. Add Sec.  165.T05-0965 to read as follows:


Sec.  165.T05-0965   Safety Zone, Cape Fear River, Brunswick County and 
New Hanover County, NC.

    (a) Location. The following area is a safety zone: 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.
    (b) Definitions. As used in this section:
    Designated representative means a Coast Guard Patrol Commander,

[[Page 1602]]

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.
    Captain of the Port means the Commander, Sector North Carolina.
    Participants means persons and vessels involved in support of the 
gantry crane transport.
    (c) Regulations. (1) The general regulations governing safety zones 
in Sec.  165.23 apply to the area described in paragraph (a) of this 
section.
    (2) With the exception of participants, entry into or remaining in 
this safety zone is prohibited unless authorized by the COTP North 
Carolina or the COTP North Carolina's designated representative. All 
vessels under 40 feet in height within this safety zone when this 
section becomes effective may request permission to remain in the zone. 
All other vessels must depart the zone immediately.
    (3) To request permission to remain in, enter, or transit through 
the safety zone, contact the COTP North Carolina or the COTP North 
Carolina's representative through the Coast Guard Sector North Carolina 
Command Duty Officer, Wilmington, North Carolina, at telephone number 
910-343-3882, or on VHF-FM marine band radio channel 13 (165.65 MHz) or 
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 period. This regulation will be enforced during 
vessel transit on April 1, 2018 or alternatively, March 29th, 30th, 
31st, April 2nd, 3rd, or 4th, 2018.

    Dated: December 19, 2017.
Bion B. Stewart,
Captain, U.S. Coast Guard Captain of the Port North Carolina.
[FR Doc. 2018-00421 Filed 1-11-18; 8:45 am]
 BILLING CODE 9110-04-P