[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Rules and Regulations]
[Pages 12933-12936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06400]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 Neo-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 April 1 through April 30, 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. Entry of vessels or persons into this safety zone is prohibited
unless specifically authorized by the Captain of the Port (COTP) North
Carolina or designated representative.
DATES: This rule is effective without actual notice from April 3, 2019,
through May 5, 2019. For the purposes of enforcement, actual notice
will be used from April 1, 2019, through April 3, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 12934]]
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1067 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
On November 14, 2018, the North Carolina State Port Authority
notified the Coast Guard that they will be transporting one pre-
assembled Neo-Panamax container crane up the Cape Fear River to the
North Carolina State Port in Wilmington, North Carolina, and offloading
it. Due to crane preconstruction and vessel travel times, the crane
arrival time was not set. 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. In response, on January 31, 2019, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Cape Fear River, Wilmington, NC (84 FR 619). There, we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to arrival of a new Neo-Panamax container
crane. No comments were received during our comment solicitation period
which ran through March 4, 2019. During the comment period, the North
Carolina State Port Authority requested a new potential vessel arrival
period from April 1 through April 30, 2019, instead of March 20 through
April 15, 2019, as proposed in the NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed protect persons, vessels, and the
marine environment on the navigable waters of the Cape Fear River
during transport and offload of the container crane.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP North Carolina has
determined that potential safety hazards associated with the arrival of
a new Neo-Panamax container crane would be a safety concern for anyone
transiting the Cape Fear River. The purpose of this rule is to protect
persons, vessels, and the marine environment on the Cape Fear River
during transport and offload of the container crane.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 31, 2019. There is a minor change in the regulatory text of
this rule from the proposed rule, shifting the vessel's arrival period.
The vessel transporting the container crane will arrive sometime from
April 1 through April 30, 2019, instead of March 20 through April 15,
2019, as proposed in the NPRM. In addition, the term Post-Panamax has
been changed to Neo-Panamax to accurately describe the type of
container crane being delivered.
This rule establishes a safety zone on a portion of the Cape Fear
River to be enforced during the transit of a vessel transporting one
pre-assembled Neo-Panamax container crane up the Cape Fear River from
April 1 through April 30, 2019, and offloading the container within
five days after transit. The currently scheduled transit date is April
6, 2019, and the currently scheduled offload date is April 8, 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 includes 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 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.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has
[[Page 12935]]
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 safety zone. Vessel traffic will not be
allowed to enter or transit portions of the Cape Fear River for 2 non-
consecutive days from April 1 through May 5, 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 received 0 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 transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
contact 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. If
you believe this 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 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
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. It is 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 Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
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.
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 amends
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
[[Page 12936]]
0
2. Add Sec. 165.T05-1067 to read as follows:
Sec. 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 Neo-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 Sec. 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 April 1 through April 30, 2019;
(2) Zone 2 during offload of the Neo-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: March 28, 2019.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2019-06400 Filed 4-2-19; 8:45 am]
BILLING CODE 9110-04-P