36766 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 

loaded with explosive material will be 

enforced from the point of departure 

within the COTP New York zone until 

placement at the intended destination. 

The point of departure will be 

determined each year prior to 

enforcement of the moving protection 

zone and the details will be released 

through a Broadcast Notice to Mariners. 

(b) Definitions. As used in this 

section: 

Designated Representative is any 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer or other officer operating a Coast 

Guard vessel and a Federal, State and 

local officer designated by or assisting 

the Captain of the Port (COTP) New 

York in the enforcement of this section. 

Official Patrol Vessel means any Coast 

Guard, Coast Guard Auxiliary, Federal, 

State or local law enforcement vessel 

assigned or approved by the COTP New 

York to assist in the enforcement of this 

section. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or official patrol vessels. 

(c) Regulations. (1) In accordance with 

the special local regulations in § 100.35, 

entry into, transiting, or anchoring 

within the limited access area defined 

in paragraph (a) of this section, is 

prohibited, unless authorized by the 

COTP or a designated representative. 

(2) All vessels that are authorized by 

the COTP or a designated representative 

to enter the limited access areas 

established in this section must adhere 

to the following restrictions: 

(i) Area ALPHA access is limited to 

vessels greater than or equal to 20 

meters (65.6ft) in length. 

(ii) Area BRAVO access is limited to 

vessels less than 20 meters (65.6ft) in 

length. 

(iii) All vessels are prohibited from 

entering area CHARLIE without 

permission from the COTP or a 

designated representative. 

(iv) Area DELTA access is limited to 

vessels greater than or equal to 20 

meters (65.6ft) in length. 

(v) Area ECHO access is limited to 

vessels less than 20 meters (65.6ft) in 

length. 

(vi) All vessels are prohibited from 

entering the moving protection zone 

defined in paragraph (a)(6) of this 

section without permission from the 

COTP or a designated representative. 

(vii) Vessels desiring to utilize any of 

these limited access areas defined in 

paragraph (a) of this section must enter 

the area by 7:30 p.m. 

(3) During periods of enforcement all 

persons and vessels in the limited 

access areas defined in paragraph (a) of 

this section must comply with all lawful 

orders and directions from the COTP 

New York or the COTP New York’s 

designated representative. 

(4) Vessel operators desiring to enter 

or operate within a limited access area 

defined in paragraph (a) of this section 

should contact the COTP New York at 

(718) 354–4356 or on VHF 16 to obtain 

permission. 

(5) Spectators or other vessels must 

not anchor, block, loiter or impede the 

transit of event participants or official 

patrol vessels in the limited access area 

defined in paragraph (a) of this section 

during the effective dates and times 

unless authorized by COTP New York or 

designated representative. 

(6) The COTP or a representative will 

inform the public through local notice 

to mariners and/or Broadcast Notices to 

Mariners of the enforcement period for 

the regulated area as well as any 

changes of the enforcement times. 

(d) Enforcement period. This section 

will be enforced annually on July 4, 

from 5:30 p.m. to 11:30 p.m. In the 

event the fireworks display is postponed 

due to inclement weather, this section 

will be enforced on July 5, from 5:30 

p.m. to 11:30 p.m. 

Dated: June 14, 2022. 

M.R. Sennick, 

Captain, U.S. Coast Guard, Acting, Captain 

of the Port New York. 

[FR Doc. 2022–13175 Filed 6–17–22; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

Gregory.M.Kennerley@uscg.mil; or Mr. 

Matthew Creelman, Waterways 

Management Branch, Fifth Coast Guard 

District, U.S. Coast Guard; telephone 

(757) 398–6230, email 

Matthew.K.Creelman2@uscg.mil. 

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 

§ 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 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 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. 


jspears on DSK121TN23PROD with RULES1
36768 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Rules and Regulations 

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 

■ 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. 

■ 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 corner 

coordinates of the anchorage are: 

TABLE 1 TO PARAGRAPH (a)(1) 

Latitude Longitude 

33°47′59.09′′ N 78°14′58.67′′ W 

33°47′59.09′′ N 78°06′24.74′′ W 

33°46′01.22′′ N 78°06′24.74′′ W 

33°46′01.22′′ N 78°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°47′59.09′′ N 78°17′14.00′′ W 

33°47′59.09′′ N 78°14′58.67′′ W 

33°46′01.22′′ N 78°14′58.67′′ W 

33°46′01.22′′ N 78°17′14.00′′ W 

(b) Definitions. As used in this 

section— 

Cargoes of particular hazard means 

‘‘cargo of particular hazard’’ as defined 

in § 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 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0521] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

Military Ocean Terminal Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone in the navigable waters 

of Suisun Bay, off Concord, CA, in 

support of explosive on-loading to 

Military Ocean Terminal Concord 

(MOTCO) from June 16, 2022 through 


jspears on DSK121TN23PROD with RULES1