[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Proposed Rules]
[Pages 54493-54495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21759]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2012-0172]
RIN 1625-AA01
Special Anchorage Area; Stockton Springs, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special anchorage area
in Stockton Springs, Maine. This proposed 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 Stockton
Springs, improve the safety of anchored vessels, and provide for the
overall safe and efficient flow of vessel traffic and commerce.
DATES: Comments and related material must be received by the Coast
Guard on or before November 5, 2012. Requests for public meetings must
be received by the Coast Guard on or before September 26, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BM1 William M. Ferretti, Waterways Management Branch,
First Coast Guard District, telephone 617-223-8221, email
William.M.Ferretti@uscg.mil; or Lieutenant Isaac M. Slavitt, Waterways
Management Branch, First Coast Guard District, telephone 617-223-8385,
email Isaac.M.Slavitt@uscg.mil. 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2012-0172] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period and may change the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0172) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public meeting
We do not now plan to hold a public meeting. But, you may submit a
request for one on or before September 26, 2012, using one of the
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that a public
meeting would aid this rulemaking, we will hold one at a time and place
[[Page 54494]]
announced by a later notice in the Federal Register.
B. Basis and Purpose
The legal basis for the proposed 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.
The rule is intended to reduce the risk of vessel collisions by
creating a special anchorage area in Stockton Springs. This proposed
rule would establish a special anchorage area in the northeast portion
of Stockton Harbor.
C. Discussion of Proposed Rule
The proposed rule would create a new special anchorage area in
Stockton Springs, Maine. The location of the new special anchorage area
in Stockton Springs is described in the regulatory text below. All
proposed coordinates are North American Datum 1983 (NAD 83).
Smaller vessels frequent the area due to the recreational and
tourist attractions in Penobscot Bay. 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. Creation of the special
anchorage area in Stockton Springs will provide an additional layer of
safety for the smaller vessels who anchor there. Additionally, mariners
utilizing the anchorage areas would be 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.
D. 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 or executive orders.
1. Regulatory Planning and Review
This proposed 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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect minimal
additional cost impacts on fishing or recreational boats anchoring
because this rule would not affect normal surface navigation. 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 Stockton Springs, and the number of
vessels using the anchorage is limited due to depth (less than or equal
to 15 feet).
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of recreational
and small fishing vessels intending to anchor in Stockton Springs. The
proposed rule would 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 Stockton Springs and the
number of vessels using the anchorage is limited due to depth (less
than or equal to 15 feet).
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.
3. Assistance for Small Entities
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 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 contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
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 proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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.
9. Civil Justice Reform
This proposed 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.
[[Page 54495]]
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed 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.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves the establishment of special anchorage grounds. We believe the
proposed rule is categorically excluded from further review under
paragraph 34(f) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 471; 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
2. Add Sec. 110.7 to subpart A to read as follows:
Sec. 110.7 Stockton Springs, Maine.
(a) Anchorage A. All of the waters enclosed by a line beginning at
latitude 44[deg]27'45.00'' N, longitude 068[deg]51'28.08'' W; thence to
latitude 44[deg]28'07.32'' N, longitude 068[deg]52'04.08'' W; thence to
latitude 44[deg]28'34.32'' N, longitude 068[deg]51'43.20'' W; thence to
latitude 44[deg]28'14.52'' N, longitude 068[deg]51'06.84'' W; thence
along the shoreline to the beginning point. This encompasses the
northeast portion of Stockton Springs Harbor.
(b) Regulations. This area is principally for use by 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 paragraph (b): All anchoring in the areas is under the
supervision of the Stockton Springs Harbor Master or other such
authority as may be designated by the authorities of the Town of
Stockton Springs, Maine. All coordinates referenced use datum: NAD 83.
Dated: August 16, 2012.
James B. McPherson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2012-21759 Filed 9-4-12; 8:45 am]
BILLING CODE 9110-04-P