Anchorage Grounds; Cape Fear River Approach, North Carolina, 45936-45939 [2021-17291]
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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
Document
August 2016 ....................................
RG 8.10, ‘‘Operating Philosophy for Maintaining Occupational and
Public Radiation Exposures As Low As Is Reasonably Achievable,’’
Rev. 2.
RG 8.8, ‘‘Information Relevant to Ensuring that Occupational Radiation Exposures at Nuclear Power Stations Will Be as Low as Is
Reasonably Achievable,’’ Rev. 3.
NUREG–2161, ‘‘Consequence Study of a Beyond-Design-Basis
Earthquake Affecting the Spent Fuel Pool for a U.S. Mark I Boiling
Water Reactor’’.
UNSCEAR, ‘‘Sources, Effects and Risks of Ionizing Radiation, Annex
B: Epidemiological studies of cancer risk due to low-dose-rate radiation from environmental sources’’.
RG 8.29, ‘‘Instruction Concerning Risks from Occupational Radiation
Exposure’’ Rev. 1.
June 1978 .......................................
September 2014 ..............................
2017 ................................................
1996 ................................................
VI. Conclusion
The NRC reviewed the petitioners’
requests, as well as public comments
received on the petitions. For the
reasons cited in this document, the NRC
is denying the three PRMs, specifically
PRM–20–28, PRM–20–29, and PRM–20–
30, in their entirety. Given the current
state of scientific knowledge, the NRC
has determined that the LNT model
continues to be an appropriate basis for
its radiation protection regulatory
framework. Thus, the NRC’s current
radiation protection regulations provide
for the adequate protection of human
health and safety, and as such, changes
to 10 CFR part 20 are not warranted at
this time.
Dated: August 11, 2021.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
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, NC. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before October 18, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0216 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.
If
you have questions about this proposed
rulemaking, call or email Marine
Science Technician Chief (MSTC)
Joshua O’Rourke, Sector North Carolina,
U.S. Coast Guard; telephone (910) 772–
2227, email Joshua.P.Orourke@uscg.mil;
or Mr. Jerry Barnes, Waterways
Management Branch, Fifth Coast Guard
District, U.S. Coast Guard; telephone
(757) 398–6230, email Jerry.R.Barnes@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2021–17475 Filed 8–16–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2020–0216]
SUPPLEMENTARY INFORMATION:
RIN 1625–AA01
I. Table of Abbreviations
Anchorage Grounds; Cape Fear River
Approach, North Carolina
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
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ADAMS accession No. or Federal
Register citation
Date
The Coast Guard is proposing
to amend the anchorage regulations for
Lockwoods Folly Inlet, NC, and adjacent
waters, by establishing a new offshore
anchorage and relocating and amending
the existing explosives anchorage. The
purpose of this proposed rule is to
SUMMARY:
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BOEM Bureau of Ocean Energy
Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NM Nautical Miles
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
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
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ML003739438.
anchorage ground offshore in the
approaches to the Cape Fear River, NC,
and to increase the size and relocate the
existing Lockwoods Folly Inlet
explosives anchorage. We received two
comment letters in response, both
endorsing a rulemaking to amend the
anchorage regulations as described. The
Coast Guard is now moving forward
with this proposed rulemaking.
The Cape Fear River supports a
diverse marine transportation system
which includes Military Ocean
Terminal Sunny Point, North Carolina
State Port of Wilmington, and several oil
terminals and bulk-handling facilities
for cement, asphalt products, molasses,
liquid chemicals, sulfur, fertilizers and
liquid sugar. Military Ocean Terminal
Sunny Point is a Department of Defense
facility that stores and ships
ammunition, dangerous cargo and
explosives for United States forces
worldwide. A federal navigation project
provides for a channel 44 feet deep from
the ocean to a point just south of
Southport, NC, and 42 feet to the Lower
Anchorage Basin and Turning Basin at
Wilmington, NC. In support of
continued port growth and growth in
both size and volume of vessel traffic,
the U.S. Army Corps of Engineers is
considering the need for major channel
depth, width, and alignment changes.
These include deepening the existing
federal navigation channel to the Port of
Wilmington, extending the ocean
entrance channel farther offshore, and
widening channels in the Cape Fear
River where needed.
At the same time, the demand for
offshore wind energy is increasing.
Plummeting costs, technological
advancements, increasing demand and
great economic potential have combined
to make offshore wind a promising
avenue for adding to a diversified
national energy portfolio. In 2018, the
Bureau of Ocean Energy Management
(BOEM) developed and sought feedback
on a Proposed Path Forward for Future
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Offshore Renewable Energy Leasing on
the Atlantic OCS (83 FR 14881, April 6,
2018). Offshore the Carolinas, BOEM
has identified several wind energy lease
and call areas and intends to work with
the states of North Carolina and South
Carolina using a regional model to plan
and analyze these areas for potential
future offshore wind leases.
Traditionally, vessels awaiting
entrance and pilotage to the Cape Fear
River anchor outside the traffic
separation scheme west of the sea buoy
(Cape Fear River Entrance Lighted
Whistle Buoy CF). The Coast Guard has
concerns that as wind energy areas are
developed and electrical export cables
installed, vessel traffic may be displaced
or funneled into smaller areas, and areas
traditionally used for anchoring may be
impacted or lost. Establishing an
adequate and dedicated offshore
anchorage will preserve areas
traditionally used for anchoring and
alleviate potential hazardous conditions
of vessels anchoring in the common
approaches to the Cape Fear River.
On January 18, 1969, regulations for
the Lockwoods Folly Inlet (33 CFR
110.170) explosives anchorage were
published (34 FR 839) outlining the area
as an anchorage reserved for the
exclusive use of vessels carrying
explosives. The anchorage is located
within 3 nautical miles (NM) from shore
and in water with charted depths
between 32 and 37 feet. The Coast
Guard is concerned that the anchorage
does not meet the current needs of safe
navigation due to the increased size and
drafts of vessels that call on Military
Ocean Terminal Sunny Point and the
Port of Wilmington, and a better
location is possible in the interest of
navigation and public safety.
The purpose of this proposed rule is
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.
The legal basis and authorities for this
notice of proposed rulemaking are
found in 46 U.S.C.70006, 33 CFR 1.05–
1, DHS Delegation No. 0170.1, which
collectively authorize the Coast Guard
to propose, establish, and define
regulatory anchorage grounds.
III. Discussion of Proposed Rule
This proposed rule would formally
establish an anchorage ground,
Anchorage A, approximately 8 NM
southwest of the Oak Island Light, west
of the pilot boarding area, in an area
traditionally used by cargo ships for
anchoring in the approaches to the Cape
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Fear River, NC. This location is near
existing traffic lanes and in naturally
deep water with charted depths between
40 and 52 feet. This proposed rule also
includes regulations intended to govern
anchoring practices and provide the
Captain of the Port additional controls
over vessel choosing to anchor offshore.
This proposed rule would also increase
the size and relocate Lockwoods Folly
Inlet explosives anchorage to adjacent
Anchorage A on its western boundary;
and rename it Anchorage B. Anchorage
B would be approximately 5 NM further
offshore than the existing anchorage and
increase separation distances between
vessels laden with explosives and the
public. The use of Anchorage B would
be expanded to include vessels carrying
or handling dangerous cargo or cargoes
of a particular hazard in addition to
vessels carrying explosives; its use
would be required for vessels carrying
such cargoes; and vessels anchored with
such cargoes would be required to
display a visible red flag or light. The
specific coordinates for these proposed
anchorage gounds are included in the
proposed regulatory text at the end of
this document.
You may find an illustration of the
anchorages in the docket where
indicated under ADDRESSES.
Additionally, the anchorage ground is
available for viewing on the MidAtlantic Ocean Data Portal at https://
portal.midatlanticocean.org/visualize/.
See ‘‘USCG Proposed Areas and
Studies’’ under the ‘‘Maritime’’ portion
of the Data Layers section.
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).
This regulatory action determination
is based on the size, location, and
historical vessel traffic data pertaining
to the anchorage locations. The
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regulation would designate and preserve
an approximately 22 square mile deep
water area traditionally used by cargo
ships for anchoring near existing traffic
lanes. It would also relocate the existing
explosives anchorage approximately 5
NM further offshore increasing
separation distances between vessels
laden with explosives and the public,
and expand its size from approximately
5 to 7 square miles. This regulatory
action provides 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 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 use the anchorages
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. 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.
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 call or email the
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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
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).
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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 call or email 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, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
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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 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. Normally
such actions are categorically excluded
from further review under paragraph
L59 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary 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. 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 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.
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments.
Comments we post to https://
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www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020). Documents mentioned
in this NPRM as being available in the
docket, and public comments, will be in
our online docket at https://
www.regulations.gov and can be viewed
by following that website’s instructions.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive. 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 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
■
Authority: 46 U.S.C. 70006, 2071; 46
U.S.C. 70034; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
■
2. Revise § 110.170 to read as follows:
§ 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 waters bound
by a line connecting the following
points:
TABLE 1 TO PARAGRAPH (a)(1)
Latitude
33°47′59.09″
33°47′59.09″
33°46′01.22″
33°46′01.22″
N
N
N
N
Longitude
78°14′58.67″
78°06′24.74″
78°06′24.74″
78°14′58.67″
W
W
W
W
(2) Anchorage B. Explosives
Anchorage: The waters bound by a line
connecting the following points:
TABLE 1 TO PARAGRAPH (a)(2)
Latitude
33°47′59.09″
33°47′59.09″
33°46′01.22″
33°46′01.22″
N
N
N
N
Longitude
78°17′49.00″
78°14′58.67″
78°14′58.67″
78°17′49.00″
(b) Definitions. As used in this
section—
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W
W
W
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Cargoes of particular hazard means
‘‘cargo of particular hazard’’ as defined
in § 126.3 of this chapter.
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
§ 160.204 of this chapter.
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 hereby
defined and established, 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,
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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.
(2) Vessels requiring the use of
Anchorage B 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: August 2, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2021–17291 Filed 8–16–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0562; FRL–8855–01–
R1]
Air Plan Approval; Rhode Island;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of Rhode
Island. This revision addresses the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2015 ozone
National Ambient Air Quality Standards
(NAAQS). This proposed action
includes all elements of these
infrastructure requirements except for
portions of the ‘‘Good Neighbor’’ or
‘‘transport’’ provisions, which will be
addressed in a future action. The
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. This
action is being taken under the Clean
Air Act.
DATES: Written comments must be
received on or before September 16,
2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2020–0562 at https://
www.regulations.gov, or via email to
simcox.alison@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
SUMMARY:
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comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that, if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency,
EPA Region 1, 5 Post Office Square—
Suite 100, (Mail code 05–2), Boston, MA
02109—3912, tel. (617) 918–1684, email
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
A. What is the scope of this rulemaking?
B. What guidance did EPA use to evaluate
Rhode Island’s infrastructure SIP?
II. EPA’s Evaluation of Rhode Island’s
Infrastructure SIP
A. Section 110(a)(2)(A)—Emission Limits
and Other Control Measures
B. Section 110(a)(2)(B)—Ambient Air
Quality Monitoring/Data System
C. Section 110(a)(2)(C)—Program for
Enforcement of Control Measures and for
Construction or Modification of
Stationary Sources
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]]>Agencies
[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Proposed Rules]
[Pages 45936-45939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17291]
=======================================================================
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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, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the anchorage
regulations for Lockwoods Folly Inlet, NC, and adjacent waters, by
establishing a new offshore anchorage and relocating and amending the
existing explosives anchorage. The purpose of this proposed 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,
NC. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 18, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0216 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, call or email Marine Science Technician Chief
(MSTC) Joshua O'Rourke, Sector North Carolina, U.S. Coast Guard;
telephone (910) 772-2227, email [email protected]; or Mr. Jerry
Barnes, Waterways Management Branch, Fifth Coast Guard District, U.S.
Coast Guard; telephone (757) 398-6230, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NM Nautical Miles
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
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, NC, and to
increase the size and relocate the existing Lockwoods Folly Inlet
explosives anchorage. We received two comment letters in response, both
endorsing a rulemaking to amend the anchorage regulations as described.
The Coast Guard is now moving forward with this proposed rulemaking.
The Cape Fear River supports a diverse marine transportation system
which includes Military Ocean Terminal Sunny Point, North Carolina
State Port of Wilmington, and several oil terminals and bulk-handling
facilities for cement, asphalt products, molasses, liquid chemicals,
sulfur, fertilizers and liquid sugar. Military Ocean Terminal Sunny
Point is a Department of Defense facility that stores and ships
ammunition, dangerous cargo and explosives for United States forces
worldwide. A federal navigation project provides for a channel 44 feet
deep from the ocean to a point just south of Southport, NC, and 42 feet
to the Lower Anchorage Basin and Turning Basin at Wilmington, NC. In
support of continued port growth and growth in both size and volume of
vessel traffic, the U.S. Army Corps of Engineers is considering the
need for major channel depth, width, and alignment changes. These
include deepening the existing federal navigation channel to the Port
of Wilmington, extending the ocean entrance channel farther offshore,
and widening channels in the Cape Fear River where needed.
At the same time, the demand for offshore wind energy is
increasing. Plummeting costs, technological advancements, increasing
demand and great economic potential have combined to make offshore wind
a promising avenue for adding to a diversified national energy
portfolio. In 2018, the Bureau of Ocean Energy Management (BOEM)
developed and sought feedback on a Proposed Path Forward for Future
[[Page 45937]]
Offshore Renewable Energy Leasing on the Atlantic OCS (83 FR 14881,
April 6, 2018). Offshore the Carolinas, BOEM has identified several
wind energy lease and call areas and intends to work with the states of
North Carolina and South Carolina using a regional model to plan and
analyze these areas for potential future offshore wind leases.
Traditionally, vessels awaiting entrance and pilotage to the Cape
Fear River anchor outside the traffic separation scheme west of the sea
buoy (Cape Fear River Entrance Lighted Whistle Buoy CF). The Coast
Guard has concerns that as wind energy areas are developed and
electrical export cables installed, vessel traffic may be displaced or
funneled into smaller areas, and areas traditionally used for anchoring
may be impacted or lost. Establishing an adequate and dedicated
offshore anchorage will preserve areas traditionally used for anchoring
and alleviate potential hazardous conditions of vessels anchoring in
the common approaches to the Cape Fear River.
On January 18, 1969, regulations for the Lockwoods Folly Inlet (33
CFR 110.170) explosives anchorage were published (34 FR 839) outlining
the area as an anchorage reserved for the exclusive use of vessels
carrying explosives. The anchorage is located within 3 nautical miles
(NM) from shore and in water with charted depths between 32 and 37
feet. The Coast Guard is concerned that the anchorage does not meet the
current needs of safe navigation due to the increased size and drafts
of vessels that call on Military Ocean Terminal Sunny Point and the
Port of Wilmington, and a better location is possible in the interest
of navigation and public safety.
The purpose of this proposed rule is 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.
The legal basis and authorities for this notice of proposed
rulemaking are found in 46 U.S.C.70006, 33 CFR 1.05-1, DHS Delegation
No. 0170.1, which collectively authorize the Coast Guard to propose,
establish, and define regulatory anchorage grounds.
III. Discussion of Proposed Rule
This proposed rule would formally establish an anchorage ground,
Anchorage A, approximately 8 NM southwest of the Oak Island Light, west
of the pilot boarding area, in an area traditionally used by cargo
ships for anchoring in the approaches to the Cape Fear River, NC. This
location is near existing traffic lanes and in naturally deep water
with charted depths between 40 and 52 feet. This proposed rule also
includes regulations intended to govern anchoring practices and provide
the Captain of the Port additional controls over vessel choosing to
anchor offshore. This proposed rule would also increase the size and
relocate Lockwoods Folly Inlet explosives anchorage to adjacent
Anchorage A on its western boundary; and rename it Anchorage B.
Anchorage B would be approximately 5 NM further offshore than the
existing anchorage and increase separation distances between vessels
laden with explosives and the public. The use of Anchorage B would be
expanded to include vessels carrying or handling dangerous cargo or
cargoes of a particular hazard in addition to vessels carrying
explosives; its use would be required for vessels carrying such
cargoes; and vessels anchored with such cargoes would be required to
display a visible red flag or light. The specific coordinates for these
proposed anchorage gounds are included in the proposed regulatory text
at the end of this document.
You may find an illustration of the anchorages in the docket where
indicated under ADDRESSES. Additionally, the anchorage ground is
available for viewing on the Mid-Atlantic Ocean Data Portal at https://portal.midatlanticocean.org/visualize/. See ``USCG Proposed Areas and
Studies'' under the ``Maritime'' portion of the Data Layers section.
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).
This regulatory action determination is based on the size,
location, and historical vessel traffic data pertaining to the
anchorage locations. The regulation would designate and preserve an
approximately 22 square mile deep water area traditionally used by
cargo ships for anchoring near existing traffic lanes. It would also
relocate the existing explosives anchorage approximately 5 NM further
offshore increasing separation distances between vessels laden with
explosives and the public, and expand its size from approximately 5 to
7 square miles. This regulatory action provides 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 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 use the
anchorages 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. 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.
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 call or email the
[[Page 45938]]
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 call or email 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, 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 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
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.
Normally such actions are categorically excluded from further review
under paragraph L59 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A preliminary 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. 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 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.
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 https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). Documents mentioned in this NPRM as being available in
the docket, and public comments, will be in our online docket at
https://www.regulations.gov and can be viewed by following that
website's instructions. We review all comments received, but we will
only post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. 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 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
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1. The authority citation for part 110 continues to read as follows:
Authority: 46 U.S.C. 70006, 2071; 46 U.S.C. 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
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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 waters bound by a line connecting the
following points:
Table 1 to Paragraph (a)(1)
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Latitude Longitude
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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
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(2) Anchorage B. Explosives Anchorage: The waters bound by a line
connecting the following points:
Table 1 to Paragraph (a)(2)
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Latitude Longitude
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33[deg]47'59.09'' N 78[deg]17'49.00'' 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]17'49.00'' W
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(b) Definitions. As used in this section--
[[Page 45939]]
Cargoes of particular hazard means ``cargo of particular hazard''
as defined in Sec. 126.3 of this chapter.
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 chapter.
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 hereby
defined and established, 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.
(2) Vessels requiring the use of Anchorage B 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: August 2, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-17291 Filed 8-16-21; 8:45 am]
BILLING CODE 9110-04-P
