[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