[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Rules and Regulations]
[Pages 36766-36768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13173]


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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, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the anchorage regulations for 
Lockwoods Folly Inlet, NC, and adjacent navigable waters, by 
establishing a new offshore anchorage, relocating the existing 
explosives anchorage, and amending the anchorage regulations. The 
purpose of this 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, North Carolina.

DATES: This rule is effective July 21, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0216 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Gregory Kennerley, Sector North 
Carolina, U.S. Coast Guard; telephone (910) 772-2230, email 
[email protected]; or Mr. Matthew Creelman, Waterways 
Management Branch, Fifth Coast Guard District, U.S. Coast Guard; 
telephone (757) 398-6230, 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
SNPRM Supplemental Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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, North 
Carolina, and relocate the existing Lockwood's Folly Inlet explosives 
anchorage. After receiving favorable comments, the Coast Guard decided 
to propose the rulemaking. On August 17, 2021, the Coast Guard 
published a notice of proposed rulemaking (NPRM) in Federal Register 
(86 FR 45936) and invited comments on our proposed anchorage. After 
considering comments made on the NPRM, the Coast Guard issued a 
supplemental notice of proposed rulemaking (SNPRM) in Federal Register 
(87 FR 17047) on March 25, 2022. There we stated why we issued the 
SNPRM and invited comments on our revised proposed anchorage 
regulation. During that comment period that ended April 25, 2022, we 
received one comment.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule are found in 46 
U.S.C.70006, 33 CFR 1.05-1, DHS Delegation No. 0170.1, which 
collectively authorize the Coast

[[Page 36767]]

Guard to propose, establish, and define regulatory anchorage grounds.
    This rule is necessary 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our SNPRM published 
March 25, 2022. That comment requested that we consider revising the 
regulatory language used to describe the anchorage coordinates in order 
to aid cartography and comprehension. The comment recommended revising 
paragraphs (a)(1) and (a)(2) by removing text reading, ``The waters 
bound by a line connecting the following points:'', and replacing it 
with, ``The corner coordinates of the anchorage follow:''. The Coast 
Guard agrees with this recommendation and the intent to assist 
cartography. The revision has been implemented into the regulatory text 
at the end of this rulemaking, all other regulatory text remains the 
unchanged.
    This rule formally establishes an anchorage ground, Anchorage A, 
approximately eight nautical miles southwest of the Oak Island Light. 
This rule also increases the size and relocates Lockwoods Folly Inlet 
explosives anchorage to adjacent Anchorage A on its western boundary; 
and renames it Anchorage B. The specific coordinates for these 
anchorage grounds are included in the regulatory text at the end of 
this document.

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule 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 designates and preserves an 
approximately 22 square mile deep water area traditionally used by 
cargo ships for anchoring near existing traffic lanes. It also 
relocates the existing explosives anchorage approximately five nautical 
miles further offshore, increasing separation distances between vessels 
laden with explosives and the public, and expands its size from 
approximately five to seven square miles. This regulatory action 
provides for 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 received no 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 use the 
anchorages may be small entities, for the reasons stated in section IV. 
A above, this 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.
    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 
call or email 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.

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.

[[Page 36768]]

F. Environment

    We have analyzed this 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 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 
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. 
It is categorically excluded from further review under paragraph 
L[59(a)] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 1. A 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.

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.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 2071; 46 U.S.C. 70006, 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 corner coordinates of the anchorage are:

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
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 corner coordinates of 
the anchorage follow:

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
33[deg]47'59.09'' N                   78[deg]17'14.00'' 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]17'14.00'' W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    Cargoes of particular hazard means ``cargo of particular hazard'' 
as defined in Sec.  126.3 of this title.
    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 title.
    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 defined and 
established in paragraph (a) of this section, 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 of paragraph (a)(2) of this section.
    (2) Vessels requiring the use of Anchorage B of paragraph (a)(2) of 
this section 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: June 14, 2022.
S.N. Gilreath,
Rear Admiral Lower Half, U.S. Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2022-13173 Filed 6-17-22; 8:45 am]
BILLING CODE 9110-04-P