[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Proposed Rules]
[Pages 24061-24063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10886]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0302]
RIN 1625-AA00
Safety Zone: Cape Fear River, Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone on the navigable waters of the Cape Fear River near Wilmington,
North Carolina. This temporary safety zone is intended to restrict
vessel traffic on the Cape Fear River from July 15, 2019, through
October 31, 2019, while work crews replace power transmission lines
crossing over the river. 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 June 24, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0302 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:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 23, Duke Energy provided the Coast Guard with details
concerning the upgrading of towers and replacement of power
transmission lines crossing over the Cape Fear River near Wilmington,
North Carolina, to be conducted from July 15, 2019, through October 31,
2019. Work will be done on two steel towers located at approximate
positions 34[deg]08'52'' N, 077[deg]57'14'' W and 34[deg]08'59'' N,
077[deg]56'56'' W (NAD 1983), and the power transmission lines
suspended between those towers. This upgrade process will require the
complete closure of the navigation channel on multiple days during the
stated upgrade period. A safety zone is proposed within 100 yards of
the power transmission line crossing. The Captain of the Port (COTP)
North Carolina has determined that potential safety hazards associated
with power transmission line replacement work 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 of the Cape Fear River
during the replacement of power transmission lines crossing over the
river. The Coast Guard is proposing this rulemaking under authority in
46 U.S.C. 70034 (previously 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 from July 15, 2019, through October 31, 2019, to be
enforced while Duke Energy replaces power transmission lines over the
river. Duke Energy reports its work crews will need to access the
navigation channel for 12, 8-hour days, 3 days at a time, over 4
separate weeks, in order to replace the power transmission lines. Due
to the nature of the work and the hazards it presents to the workers
and the public, the COTP has identified the need to close that Cape
Fear River in the vicinity of the power line crossing while this work
is ongoing. On days the safety zone will be enforced, the affected
section of the river will be closed from 6:30 a.m. through 2:30 p.m.
Currently, the planned enforcement dates are July 29th through 31st,
August 12th through 14th, September 3rd through 5th, and September16th
through 18th, 2019. These times and dates may change due to weather and
equipment delivery changes. Exact dates and times will be announced by
broadcast notice to mariners at least two days prior to each closure.
This safety zone will include all navigable waters of the Cape Fear
River within 100 yards of the power transmission line crossing, from
approximate position 34[deg]08'49'' N, 077[deg]57'32'' W, then
northeast to 34[deg]09'07'' N, 077[deg]56'41'' W, then south along the
shoreline to 34[deg]09'03'' N, 077[deg]56'41'' W, then southwest to
34[deg]08'42'' N, 077[deg]57'28'' W, then north along the shoreline to
the point of origin. No vessel or person will be permitted to enter the
safety zone unless specifically authorized by the COTP or a designated
representative. Vessels with an air draft less than 30 feet will be
permitted to pass through the safety zone approximately every two hours
during enforcement, when directed by the Coast Guard or designated
security
[[Page 24062]]
vessels. 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. Vessels will not be
allowed to enter or transit a portion of the Cape Fear River for 96
hours over a 4-week period from July 15, 2019, through October 31,
2019, during active power transmission line replacement as described in
the text above. The closures are planned to occur on 12, 8-hour days, 3
days at a time, over 4 separate weeks. Due to the nature of the work
and the hazards it presents to the workers and the public, the COTP has
identified the need to close that Cape Fear River in the vicinity of
the power line crossing while this work is ongoing. On days the safety
zone will be enforced, the affected section of the river will be closed
from 6:30 a.m. through 2:30 p.m. The specific enforcement times for
channel closures will be broadcast at least 48 hours in advance and
vessels will be able to transit the Cape Fear River at all other times.
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. Vessels with an air draft less than 30 feet
will be permitted to pass through the safety zone approximately every
two hours during enforcement, when directed by the Coast Guard or
designated security vessels.
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 would establish a temporary safety
zone. 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the
[[Page 24063]]
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
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.
0
2. Add Sec. 165.T05-0302 to read as follows:
Sec. 165.T05-0302 Safety Zone; Cape Fear River, Wilmington, NC.
(a) Location. The following areas is a safety zone: All navigable
waters of the Cape Fear River within 100 yards of the power
transmission line crossing, from approximate position 34[deg]08'49'' N,
077[deg]57'32'' W, then northeast to 34[deg]09'07'' N, 077[deg]56'41''
W, then south along the shoreline to 34[deg]09'03'' N, 077[deg]56'41''
W, then southwest to 34[deg]08'42'' N, 077[deg]57'28'' W (NAD 1983),
then north along the shoreline to the point of origin near Wilmington,
NC.
(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.
Work crews means persons and vessels involved in the replacement of
power transmission lines.
(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 work crews, 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
other vessels must depart the zone immediately.
(3) Vessels with an air draft less than 30 feet will be permitted
to pass through the safety zone approximately every two hours during
enforcement, when directed by the Coast Guard or designated security
vessels.
(4) 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.
(5) 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 Period. This regulation will be enforced for 12, 8-
hour days, 3 days at a time, over 4 separate weeks from July 15, 2019,
through October 31, 2019. On days the safety zone is being enforced,
the affected section of the river will be closed from 6:30 a.m. through
2:30 p.m. The enforcement dates are July 29th through 31st, August 12th
through 14th, September 3rd through 5th, and September16th through
18th, 2019. These times and dates may change due to weather and
equipment delivery changes.
(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: May 17, 2019.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2019-10886 Filed 5-23-19; 8:45 am]
BILLING CODE 9110-04-P