[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Proposed Rules]
[Pages 27343-27344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09604]



[[Page 27343]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2020-0216]


Anchorage Ground; Cape Fear River Approach, North Carolina

AGENCY: Coast Guard, DHS.

ACTION: Notification of inquiry; request for comments.

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SUMMARY: The Coast Guard is considering establishing an anchorage 
ground offshore in the approaches to the Cape Fear River, NC, and 
removing, relocating or otherwise modifying the existing Lockwoods 
Folly Inlet explosives anchorage ground. We are considering 
establishing an offshore anchorage ground in response to requests 
suggesting an anchorage ground is necessary to accommodate current and 
future vessel traffic, improve navigation safety, and because 
traditional anchorage areas may be impacted by offshore renewable 
energy development. Our consideration of changing or removing the 
explosives anchorage grounds is based on growth in both the size and 
draft of vessels that call on the Port of Wilmington and Military Ocean 
Terminal Sunny Point. We invite your comments on whether we should 
initiate a rulemaking to address these issues or maintain the status 
quo.

DATES: Your comments and related material must reach the Coast Guard on 
or before July 7, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0216 using the Federal 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 
notice of inquiry, call or email Marine Science Technician First Class 
(MST1) Matthew Tyson, Sector North Carolina, U.S. Coast Guard; 
telephone (910) 772-2221, email Matthew.I.Tyson@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.

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
WGS84 World Geodetic System 84

II. Background and Purpose

    The Coast Guard is considering amending its regulations to 
establish an anchorage ground offshore in the approaches to the Cape 
Fear River, NC, and disestablish, relocate or otherwise modify the 
existing Lockwoods Folly Inlet explosives anchorage. Our authority to 
define and establish anchorage grounds comes from 33 U.S.C 471.
    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.\1\
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    \1\ 84 FR 48132, Sept. 12, 2019 (U.S. Army Corps of Engineers 
``Notice of Intent to Prepare a Draft Environmental Impact Statement 
(DEIS) for the Wilmington Harbor Navigation Improvement Project 
Integrated Feasibility Study and Environmental Report, New Hanover 
and Brunswick Counties, NC'').
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    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 
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.\2\
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    \2\ See https://www.boem.gov/renewable-energy/state-activities/south-carolina-activities and https://www.boem.gov/renewable-energy/state-activities/north-carolina-activities.
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    Traditionally, vessels awaiting entrance 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. 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.
    Notionally, the Cape Fear River Approach anchorage ground would be 
located west of the pilot boarding area, near existing traffic lanes, 
and in naturally deep water with charted depths between 40 and 52 feet. 
The anchorage ground as contemplated is located approximately 8 
nautical miles (NM) southwest of the Oak Island Light and includes the 
waters bounded by a line connecting the following points:

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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]06'24.74'' W.
33[deg]46'01.22'' N.......................  78[deg]06'24.74'' W.
33[deg]46'01.22'' N.......................  78[deg]17'49.00'' W.
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(DATUM: WGS84)

    We are considering amending our regulations to establish this 
notional anchorage. You may find an illustration of the anchorage in 
the docket where indicated under ADDRESSES. Additionally, the notional 
anchorage is available on the Mid-Atlantic Ocean Data Portal at http://portal.midatlanticocean.org/visualize/. See ``USCG Proposed Areas and 
Studies'' under the ``Maritime'' portion of the Data Layers section.

[[Page 27344]]

    On January 18, 1969, regulations for the Lockwoods Folly Inlet 
explosives anchorage were published (34 FR 839) outlining the area as 
an anchorage reserved for the exclusive use of vessels carrying 
explosives.\3\ The anchorage is located within 3 NM from shore and in 
water with charted depths between 32 and 37 feet. The Coast Guard is 
concerned that the anchorage may not meet the needs of safe navigation 
due to the increased drafts of vessels that call on the Port of 
Wilmington and Military Ocean Terminal Sunny Point, and a better 
location may be possible in the interest of navigation and public 
safety.\4\
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    \3\ 33 CFR 110.170.
    \4\ Sec. 301 of the Coast Guard Authorization Act of 2010 (Pub. 
L. 111-281) amended 33 U.S.C. 471 and extended the Coast Guard's 
authority to establish anchorage grounds for vessels from 3 NM to 12 
NM.
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III. Information Requested

    We seek your comments on whether we should consider a proposed 
rulemaking to establish a regulated anchorage ground offshore in the 
approaches to the Cape Fear River, NC. In particular, the Coast Guard 
requests your input to determine to what extent the notional anchorage 
ground would accommodate current and future vessel traffic, improve 
navigation safety, and facilitate continued growth of Cape Fear River's 
ports and facilities, offshore renewable energy development and 
associated economic activity; or if the status quo should be 
maintained, or other actions should be considered.
    Additionally, we seek your comments on whether we should consider a 
proposed rulemaking to disestablish, relocate or otherwise modify the 
Lockwoods Folly Inlet explosives anchorage. In particular, the Coast 
Guard requests your input to determine if there remains a need for an 
explosive anchorage in this area, and if so, to what extent and for 
what purpose; if a reduction in size or a shift in location of the 
anchorage would meet current and anticipated industry needs; or if 
other options should be considered, such as designating a portion of 
the notional Cape Fear River Approach anchorage for the exclusive use 
of vessels carrying explosives.

IV. Public Participation and Request for Comments

    We encourage you to submit comments through the Federal portal at 
https://www.regulations.gov. If your material cannot be submitted using 
https://www.regulations.gov, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions. In your submission, please include the docket number for 
this notice of inquiry and provide a reason for each suggestion or 
recommendation.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned as being available in the docket, and all 
public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions.

     Dated: April 29, 2020.
Keith M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2020-09604 Filed 5-7-20; 8:45 am]
 BILLING CODE 9110-04-P


