[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10668-10670]
[FR Doc No: 2019-05490]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0122; Product Identifier 2018-NM-164-AD; Amendment
39-19592; AD 2019-05-10]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A350-941 airplanes. This AD was prompted by a report
of un-torqued nuts on certain slat and flap shaft junctions of the
wings. This AD requires a one-time inspection on each junction of
certain slat and flap shafts for discrepancies, and corrective actions
if necessary. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD becomes effective April 8, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 8,
2019.
    We must receive comments on this AD by May 6, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine No:
2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 45 80; email<EMAIL_ADDRESS>internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0122.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0122; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0244, dated November 13, 2018; (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus SAS Model A350-941
airplanes. The MCAI states:

    During inspection on an aeroplane in final assembly line, un-
torqued nuts on slat and flap shaft junctions have been reported.
    This condition, if not detected and corrected, in case of two or
more nuts missing or incorrectly torqued on a shaft junction and
concurrent failure of a different shaft, could lead to uncommanded
slat or flap movement, possibly resulting in loss of control of the
aeroplane.
    To address this potential unsafe condition, Airbus published the
SB [Service Bulletin A350-27-P022] to provide applicable
instructions.
    For the reasons describe above, this [EASA] AD requires a one-
time detailed inspection (DET) of each affected junction, and,
depending on findings, accomplishment of applicable corrective
action(s).

    Corrective actions include ensuring correct torque on all nuts and
bolts, applying torque red line markings on affected nuts, and
replacing any missing bolt. You may examine the MCAI in the AD docket
on the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0122.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A350-27-P022, Revision 00, dated
June 6, 2018. This service information describes procedures for a one-
time inspection of each junction of flap torque-shaft 2 and slat
torque-shafts 2 and 4 for discrepancies (including missing torque
marking on any nut, any untorqued nut, or any missing bolt). The
service information also describes procedures for torqueing any
affected nuts and bolts, applying torque red line markings on affected
nuts, and replacing any missing bolts.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because two or more missing or incorrectly torqued nuts on a junction
of certain slat and flap shafts, concurrent failure of an alternate
flap shaft, and consequent uncommanded slat or flap movement, could
result in loss of control of the airplane. Therefore, we find good
cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reasons stated above, we find that
good cause exists for making this amendment effective in less than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2019-0122; Product
Identifier 2018-NM-164-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 1 airplane of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
12 work-hours x $85 per hour = $1,020........................              $0           $1,020           $1,020
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255............................................          $1,000           $1,255
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all known costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2019-05-10 Airbus SAS: Amendment 39-19592; Docket No. FAA-2019-0122;
Product Identifier 2018-NM-164-AD.

(a) Effective Date

    This AD becomes effective April 8, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, manufacturer serial numbers as
identified in Airbus Service Bulletin A350-27-P022, Revision 00,
dated June 6, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Reason

    This AD was prompted by a report of un-torqued nuts on certain
slat and flap shaft junctions of the wings. We are issuing this AD
to address two or more missing or incorrectly torqued nuts on a
junction of certain slat and flap shafts, concurrent failure of an
alternate flap shaft, and consequent uncommanded slat or flap
movement, which could result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) One-Time Inspection and Corrective Action

    Within 3 months after the effective date of this AD: Do a one-
time detailed inspection (including a torque check on any affected
nut) on each junction of flap torque-shaft 2 and slat torque-shafts
2 and 4 of the right and left hand wing for discrepancies (including
missing torque marking on any nut, any untorqued nut, or any missing
bolt), and do all applicable corrective actions in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A350-27-
P022, Revision 00, dated June 6, 2018. Do all applicable corrective
actions at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Airbus Service Bulletin A350-27-P022, Revision
00, dated June 6, 2018.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (i)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0244, dated November 13, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0122.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A350-27-P022, Revision 00, dated
June 6, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email<EMAIL_ADDRESS>
internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on March 13, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-05490 Filed 3-21-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31774-31775]
[FR Doc No: 2017-14333]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-19-000]

Valley Crossing Pipeline, LLC; Notice of Availability of the
Environmental Assessment for the Proposed Border Crossing Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Border Crossing Project, proposed by Valley Crossing Pipeline, LLC
(Valley Crossing) in the above-referenced docket. Valley Crossing
requests authorization to construct and operate an approximately 1,000-
foot-long, 42-inch-diameter, natural gas transmission pipeline in the
Gulf of Mexico, across the international boundary between the United
States of America and the United Mexican States (Mexico). The Project
would connect the non-jurisdictional Valley Crossing System with the
Mexican Marina Pipeline and facilitate the delivery/export of up to 2.6
billion cubic feet per day of natural gas to Mexico.
    The EA assesses the potential environmental effects of the
construction and operation of the

Border Crossing Project in accordance with the requirements of the
National Environmental Policy Act (NEPA). The FERC staff concludes that
approval of the proposed project, with appropriate mitigating measures,
would not constitute a major federal action significantly affecting the
quality of the human environment.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials; and
interested individuals and groups. In addition, the EA is available for
public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary
link. A limited number of copies of the EA are available for
distribution and public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before July 31,
2017.
    For your convenience, there are three methods you can use to file
your comments to the Commission. In all instances, please reference the
project docket number (CP17-19-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
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    \1\ See the previous discussion on the methods for filing
comments.
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    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP17-
19). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: June 30, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-14333 Filed 7-7-17; 8:45 am]
 BILLING CODE 6717-01-P


 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Notices] [Page 39977] [FR Doc No: 2011-17007]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0009]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal

Regulations (CFR), this document provides the public notice that by a

document dated April 21, 2011, the Nevada Northern Railway Museum has

petitioned the Federal Railroad Administration (FRA) for a waiver of

compliance from certain provisions of the Federal railroad safety

regulations contained at 49 CFR 215.303. FRA assigned the petition

Docket Number FRA-2011-0009.

    The Nevada Northern Railway Museum seeks a waiver of compliance

from certain provisions of the Railroad Freight Car Safety Standards,

49 CFR 215.303, which requires stenciling.

    This request is for the following 11 cars:

3 Cabooses (NN 3, 5, and 22)

3 Flat Cars (NN 23, 100, and SP 78177)

5 Hopper Cars (WSOR 102, 128, 134, 158, and 159)

The Nevada Northern Railway Museum states that these cars are operated

in irregular ``photo'' freights. Specifically, these cars operate on

the Nevada Northern Railway Museum's 30 miles of track which is

isolated from the general railroad system and they never leave the

petitioner's property.

    The Nevada Northern Railway Museum states that these cars are

completely restored with a sound car body. The cars will not be

interchanged with any other railroad, and will be operated at a speed

limit of 25 miles per hour.

    These cars are painted and stenciled to reflect its historic

appearance. Stenciling the car to meet Section 215.303 requirements

would detract from the historical and educational impression these cars

are intended to preserve.

    A copy of the petition, as well as any written communications

concerning the petition, is available for review online at http://www.regulations.gov and in person at the Department of Transportation's

Docket Operations Facility, 1200 New Jersey Ave., SE., W12-140,

Washington, DC 20590. The Docket Operations Facility is open from 9

a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

    Interested parties are invited to participate in these proceedings

by submitting written views, data, or comments. FRA does not anticipate

scheduling a public hearing in connection with these proceedings since

the facts do not appear to warrant a hearing. If any interested party

desires an opportunity for oral comment, they should notify FRA, in

writing, before the end of the comment period and specify the basis for

their request.

    All communications concerning these proceedings should identify the

appropriate docket number and may be submitted by any of the following

methods:

     Web site: http://www.regulations.gov. Follow the online

instructions for submitting comments.

     Fax:<PHONE_NUMBER>.

     Mail: Docket Operations Facility, U.S. Department of

Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC

20590.

     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,

except Federal Holidays.

    Communications received by August 22, 2011 will be considered by

FRA before final action is taken. Comments received after that date

will be considered as far as practicable.

    Anyone is able to search the electronic form of any written

communications and comments received into any of our dockets by the

name of the individual submitting the comment (or signing the comment,

if submitted on behalf of an association, business, labor union, etc.).

You may review DOT's complete Privacy Act Statement in the Federal

Register published on April 11, 2000 (Volume 65, Number 70; Pages

19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on June 30, 2011.

Robert C. Lauby,

Deputy Associate Administrator for Regulatory & Legislative Operations.

[FR Doc. 2011-17007 Filed 7-6-11; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Rules and Regulations]
[Pages 36766-36768]
[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<PHONE_NUMBER>, email
[email protected]; or Mr. Matthew Creelman, Waterways
Management Branch, Fifth Coast Guard District, U.S. Coast Guard;
telephone<PHONE_NUMBER>, 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

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.

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