[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Rules and Regulations]
[Pages 76295-76297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31226]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[USCG-2011-0231]
RIN 1625-AA01
Anchorage Regulations; Wells, ME
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing three special anchorage areas
in Wells Harbor, Wells, Maine. This action is necessary to facilitate
safe navigation in that area and provide safe and secure anchorages for
vessels not more than 20 meters in length. This action is intended to
increase the safety of life and property in Wells Harbor, improve the
safety of anchored vessels, and provide for the overall safe and
efficient flow of vessel traffic and commerce.
DATES: This rule is effective January 6, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0231 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0231 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. John J. Mauro, Waterways Management Branch Chief,
First Coast Guard District; telephone (617) 223-8355, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 23, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Wells, Maine'' in the Federal
Register (76 FR 52599). We received no comments on the proposed rule. A
public meeting was not requested and none was held.
Basis and Purpose
The legal basis for this rule is 33 U.S.C. 471, 1221 through 1236,
2030, 2035, 2071; 33 CFR 1.05-1; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
define anchorage grounds.
This rule is intended to reduce the risk of vessel collisions by
creating three special anchorage areas in the western, central and
eastern portions of Wells Harbor creating anchorage for approximately
150 vessels.
Background
This rule creates three new special anchorage areas in Wells,
Maine. These three new special anchorage areas in Wells Harbor are
described below. All coordinates are North American Datum 1983 (NAD
83).
Vessels not more than 20 meters in length are not required to sound
signals as per Rule 35 of the Inland Navigation Rules (33 U.S.C. 2035)
nor exhibit anchor lights or shapes as per Rule 30 of the Inland
Navigation Rules (33 U.S.C. 2030) when at anchor in a special anchorage
area. Mariners utilizing the anchorage areas are encouraged to contact
local and state authorities, such as the local harbormaster, to ensure
compliance with any additional applicable state and local laws. Such
laws may involve, for example, compliance with direction from the local
harbormaster when placing or using moorings within the anchorage.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rulemaking. We
have finalized the rule as proposed, without change.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
Although this regulation may have some impact on the public, the
potential impact will be minimized for the following reasons: Normal
surface navigation will not be affected as this area has been
historically used as a mooring field by the Town of Wells and the
number of vessels using the anchorage is limited due to depth (less
than or equal to 18 feet).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule could affect the following
[[Page 76296]]
entities, some of which might be small entities: The owners or
operators of recreational and small fishing vessels intending to anchor
in Wells Harbor. The rule will not have a significant economic impact
on a substantial number of small entities for the following reasons:
normal surface navigation will not be affected as this area has been
historically used as a mooring field by the Town of Wells and the
number of vessels using the anchorage is limited due to depth (less
than or equal to 18 feet).
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(f) of the Instruction because it involves the
establishment of special anchorage grounds. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
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. 471; 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 110.9 to subpart A to read as follows:
Sec. 110.9 Wells Harbor, Maine.
(a) Anchorage ``A''. All of the waters enclosed by a line beginning
at latitude 43[deg]19'15.7'' N, longitude 070[deg]33'42.1'' W; thence
to latitude 43[deg]19'15.7'' N, longitude 070[deg]33'40.3'' W; thence
to latitude 43[deg]19'2.6'' N, longitude 070[deg]33'45.7'' W; thence to
latitude 43[deg]19'3.7'' N, longitude 70[deg]33'42.6'' W;
[[Page 76297]]
thence to the point of beginning. This area is approximately 5,800 sq.
yards, encompassing the central portion of Wells Harbor.
(b) Anchorage ``B''. All of the waters enclosed by a line beginning
at latitude 43[deg]19'11.1'' N, longitude 070[deg]33'49.8'' W; thence
to latitude 43[deg]19'10.5'' N, longitude 070[deg]33'47.3'' W; thence
to latitude 43[deg]19'8.7'' N, longitude 070[deg]33'50.6'' W; thence to
latitude 43[deg]19'8.3'' N, longitude 070[deg]33'47.3 W; thence to the
point of beginning. This area is approximately 25,000 sq. yards,
encompassing the western portion of Wells Harbor.
(c) Anchorage ``C''. All of the waters enclosed by a line beginning
at latitude 43[deg]19'17.7'' N, longitude 070[deg]33'34.0'' W; thence
to latitude 43[deg]19'18.4'' N, longitude 070[deg]33'32.9'' W; thence
to latitude 43[deg]19'13.0'' N, longitude 070[deg]33'26.2'' W; thence
to latitude 43[deg]19'13.8'' N, longitude 070[deg]33'25.5'' W; thence
to the point of beginning. This area is approximately 8,200 sq. yards,
encompassing the eastern portion of Wells Harbor.
(d) Regulations: This area is principally for use by yachts and
other recreational craft. Temporary floats or buoys for marking anchors
or moorings in place are allowed in this area. Fixed mooring piles or
stakes are not allowed. All moorings or anchors shall be placed well
within the anchorage areas so that no portion of the hull or rigging
will at any time extend outside of the anchorage.
Note to Sec. 110.9: All anchoring in the areas is under the
supervision of the Wells Harbor Master or other such authority as
may be designated by the authorities of the Town of Wells, Maine.
All coordinates referenced use datum: NAD 83.
Dated: November 21, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-31226 Filed 12-6-11; 8:45 am]
BILLING CODE 9110-04-P