[Federal Register: November 12, 2002 (Volume 67, Number 218)]
[Rules and Regulations]
[Page 68517-68519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no02-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD 01-02-027]
RIN 2115-AA98
Anchorage Grounds; Frenchman Bay, Bar Harbor, ME
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard hereby establishes two anchorage areas in
Frenchman Bay near Bar Harbor, Maine. This action is necessary to
provide designated anchorage grounds on Frenchman Bay allowing safe and
secure anchorage for an increasing number of large passenger vessels
calling on the Port of Bar Harbor. This action is intended to increase
safety for vessels through enhanced voyage planning and also by clearly
indicating the location of anchorage grounds for ships proceeding along
the Frenchman Bay Recommended Route for Deep Draft vessels.
DATES: This rule is effective December 12, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD01-02-027 and are available for inspection or
copying at First Coast Guard District, 408 Atlantic Ave., Boston,
Massachusetts 02110 between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. J.J. Mauro, Commander (oan), First
Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, Telephone
(617) 223-8355, email: jmauro@d1.uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 8, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Anchorage Grounds; Frenchman Bay, Bar Harbor, ME in the
Federal Register (67 FR 45071). We received one letter commenting on
the proposed rule. No public hearing was requested, and none was held.
Background and Purpose
In November 1999, the Maine Department of Transportation contracted
with a local firm to produce a cruise ship traffic demand management
study for the Town of Bar Harbor, Maine. One of the purposes was to
develop a scheduling and reservation system for arriving cruise ships
so that Town facilities would not be overburdened. The study included
basic research into the history and outcomes of past cruise ship
visits, observation of present cruise ship operations and anchorages.
Based on the findings and recommendations of this study, the Penobscot
Bay and River Pilots Association requested that the Coast Guard
establish two federal anchorage grounds in Frenchman Bay near Bar
Harbor, Maine.
Presently, there are no designated anchorage grounds in this area.
However, large vessels calling on Bar Harbor have traditionally
anchored both north and south of Bar Island. These new anchorage areas
coincide with the traditional areas used for large ship anchorage. The
size and shape of the anchorage areas are minimal and the purpose is to
conform to the changing use of the harbor and to make best use of
available water.
The Coast Guard has defined the anchorage areas contained herein
with the advice and consent of the Army Corps of Engineers, New England
District, located at 696 Virginia Rd., Concord, MA 01742.
This regulation does not intend to exclude fishing activity or the
transit of vessels in the anchorage areas. The Coast Guard anticipates
minimal transit interference through the proposed anchorages by way of
increased vessel anchorage.
Discussion of Comments and Changes
We received one letter from the Army Corps of Engineers commenting
on the proposed rule. They recommended that no seasonal mooring buoys
be established in these anchorages. Their concerns were addressed in
the NPRM. The final rule has not been changed from the NPRM language
except to correct two typographical errors to the latitude and
longitude as follows:
For Anchorage ``A'', 68[deg]-11'-00''W is changed to read 68[deg]-12'-
00''W.
For Anchorage ``B'', 44[deg]-23'-02''N is changed to read 44[deg]-24'-
02''N.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT)(44 FR 11040, February 26, 1979). We expect the economic impact of
this proposed rule to be so minimal that a full regulatory evaluation
under paragraph 10(e) of the regulatory policies and procedures of DOT
is unnecessary.
This conclusion is based upon the fact that there are no fees,
permits, or specialized requirements for the maritime industry to
utilize these anchorage areas. The regulation is solely for the purpose
of advancing safety of maritime commerce.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would 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
[[Page 68518]]
a significant economic impact on a substantial number of small
entities.
This rule will have minimal economic impact on vessels operated by
small entities. This conclusion is based upon the fact that there are
no restrictions for entry or use of the anchorage targeting small
entities. This regulation creates only two new anchorage areas; it does
not govern its usage.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), 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. 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 John J. Mauro at the address
listed in ADDRESSES above.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble. This rule
will not impose an unfunded mandate.
Taking of Private Property
This rule will not effect 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 does not create an
environmental risk to health or risk to safety that may
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(f), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
This rule creates two new anchorage areas to the east of Bar
Harbor. These designated anchorages will enhance the safety in the
waters of Frenchman Bay, Maine by relieving vessel congestion within
the bay. Thus, these two designated anchorages will provide a safer
approach for deep draft vessels.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons set forth in the preamble, the Coast Guard amends
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;
49 CFR 1.46 and 33 CFR 1.05-1(g).
Sec. Sec. 110.130 through 110.134 [Redesignated]
2. Redesignate Sec. 110.130 through Sec. 110.134 as follows:
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Old section New section
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Sec. 110.130............................................. 110.132
Sec. 110.131............................................. 110.133
Sec. 110.132............................................. 110.134
Sec. 110.133............................................. 110.136
Sec. 110.134............................................. 110.138
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3. Add Sec. 110.130 to part 110, subpart B, to read as follows:
Sec. 110.130 Bar Harbor, Maine.
(a) Anchorage grounds. (1) Anchorage ``A'' is that portion of
Frenchman Bay, Bar Harbor, ME enclosed by a rhumb line connecting the
following points:
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Latitude Longitude
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44[deg]23''43' N.......................... 068[deg]12''00' W; thence to
44[deg]23''52' N.......................... 068[deg]11''22' W; thence to
44[deg]23''23' N.......................... 068[deg]10''59' W; thence to
44[deg]23''05' N.......................... 068[deg]11''32' W; returning
to start.
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(2) Anchorage ``B'' is that portion of Frenchman Bay, Bar Harbor,
ME enclosed by a rhumb line connecting the following points:
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Latitude Longitude
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44[deg]24''33' N.......................... 068[deg]13''09' W; thence to
44[deg]24''42' N.......................... 068[deg]11''47' W; thence to
copied
44[deg]24''11' N.......................... 068[deg]11''41' W; thence to
44[deg]24''02' N.......................... 068[deg]13''03' W; returning
to start.
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(b) Regulations. (1) Anchorage A is a general anchorage ground
reserved for passenger vessels, small commercial vessels and pleasure
craft. Anchorage B is a general anchorage ground reserved primarily for
passenger vessels 200 feet and greater.
(2) These anchorage grounds are authorized for use year round.
(3) Temporary floats or buoys for marking anchors will be allowed
in all anchorage areas.
[[Page 68519]]
(4) Fixed moorings, piles or stakes are prohibited.
(5) Any vessels anchored in this area shall be capable of moving
and when ordered to move by the Captain of the Port shall do so with
reasonable promptness.
(6) The anchoring of vessels is under the coordination of the local
Harbormaster.
Dated: October 29, 2002.
J.L. Grenier,
Captain, USCG, Acting District Commander, First Coast Guard District.
[FR Doc. 02-28681 Filed 11-8-02; 8:45 am]
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