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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules 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 http
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. 601612, 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.
605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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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