[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Proposed Rules]
[Page 45746-45748]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au06-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD01-06-084]
RIN 1625-AA01
Anchorage Regulations; Camden, ME, Penobscot Bay
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish two special anchorage
areas in Camden Harbor, Camden, Maine. This proposed action is
necessary to facilitate safe navigation in that area and provide safe
and secure anchorages for vessels not more than 65 feet in length. This
action is intended to increase the safety of life and property in
Camden Harbor, 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 reach the Coast Guard on or
before October 10, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpw) (CGD01-06-084), First Coast Guard District, 408 Atlantic Ave.,
Boston, MA 02110, or deliver them to room 628 at the same address
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room 628, First Coast Guard District Boston, between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (dpw),
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110,
Telephone (617) 223-8355 or e-mail at John.J.Mauro@uscg.mil.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-06-
084), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the
[[Page 45747]]
Waterways Management Branch at the address under ADDRESSES explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The rule is intended to reduce the risk of vessel collisions by
creating two special anchorage areas in Camden Harbor. The proposed
rule would establish a special anchorage area to the west of Northeast
Point and a second special anchorage area to the northwest of Curtis
Island, creating anchorage for approximately 400 additional vessels.
The Coast Guard is designating the special anchorage areas in
accordance with 33 U.S.C. 471. When at anchor in any special anchorage,
vessels not more than 65 feet in length need not carry or exhibit the
white anchor lights otherwise required by rule 30 and 35 of the Inland
Navigation Rules, codified at 33 U.S.C. 2030 and 2035.
In developing this proposed rule, the Coast Guard has consulted
with the Army Corps of Engineers, Northeast, located at 696 Virginia
Rd., Concord, MA 01742.
Discussion of Proposed Rule
The proposed rule would create two new special anchorage areas,
separated by a 150-foot wide fairway channel, in Camden, Maine, on
Penobscot Bay. These two new special anchorage areas in Camden Harbor,
Sherman Cove and adjacent waters are described below. All proposed
coordinates are North American Datum 1983 (NAD 83).
Anchorage A
All of the waters enclosed by a line beginning at Eaton Point at
latitude 44[deg]12'31'' N., longitude 069[deg]03'34'' W.; thence to
latitude 44[deg]12'28'' N., longitude 069[deg]03'33'' W.; thence to
latitude 44[deg]12'32'' N., longitude 069[deg]02'49'' W.; thence along
the shoreline to the point of beginning. This area is approximately 900
by 750 meters. It encompasses the northern portion of Camden Harbor,
from Northeast Point to Eaton Point, and Sherman Cove.
Anchorage B
All of the waters enclosed by a line beginning at Dillingham Point
at latitude 44[deg]12'12'' N., longitude 069[deg]03'20'' W.; thence to
latitude 44[deg]12'14'' N., longitude 069[deg]02'58'' W.; thence to
latitude 44[deg]12'19'' N., longitude 069[deg]03'08'' W.; thence to
latitude 44[deg]12'28'' N., longitude 069[deg]03'13'' W.; thence to
latitude 44[deg]12'26'' N., longitude 069[deg]03'39'' W.; thence along
the shoreline to the point of beginning. This area is approximately 500
by 400 meters, encompassing the Southern portion of Camden Harbor, west
of position 44[deg]12'20'' N., 069[deg]03'07'' W.; (Camden Harbor Buoy
``7'' LLNR 4330).
Vessels not more than 65 feet in length are not required to sound
signals as required by rule 35 of the Inland Navigation Rules (33
U.S.C. 2035) nor exhibit anchor lights or shapes required by rule 30 of
the Inland Navigation Rules (33 U.S.C 2030) when at anchor in a special
anchorage area. Additionally, 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.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This finding is based on the fact that this proposal makes the best
use of the available navigable water, while not affecting vessel
transits in the area. Specifically, the proposed special anchorage
areas do not impede the passage of recreational, fishing or commercial
vessels as there is approximately 150 feet of safe water between them.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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
or commercial vessels intending to transit in a portion of the Camden
Harbor in and around the special anchorage areas. The proposed special
anchorage areas, however, would not have a significant economic impact
on these entities for the following reasons. The proposed special
anchorage areas do not impede the passage of recreational or commercial
vessels intending to transit between them, as there is approximately
150 feet of safe water separating them. This is sufficient room for
transiting, lobstering, recreational boating and other activities
common to the area.
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.
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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, Waterways
Management Branch, First Coast Guard District Boston at (617) 223-8355
or e-mail at John.J.Mauro@uscg.mil. 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 proposed rule would call 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 proposed rule
under that Order and
[[Page 45748]]
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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, and Department of Homeland Security Management Directive
5100.1, which guides 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(f), of the
Instruction, from further environmental documentation. This rule fits
the category selected from paragraph (34)(f) as it would establish a
special anchorage area.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
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 and
2071; 33 CFR 1.05-1(g); and Department of Homeland Security
Delegation No. 0170.1.
2. Amend Sec. 110.4 by revising paragraph (b) to read as follows:
Sec. 110.4 Penobscot Bay, Maine.
* * * * *
(b) Camden Harbor, Sherman Cove and adjacent waters--(1) Anchorage
A. All of the waters enclosed by a line beginning at Eaton Point at
latitude 44[deg]12'31'' N., longitude 069[deg]03'34'' W.; thence to
latitude 44[deg]12'28'' N., longitude 069[deg]03'33'' W.; thence to
latitude 44[deg]12'32'' N., longitude 069[deg]02'49'' W.; thence along
the shoreline to the point of beginning. Datum: NAD83.
(2) Anchorage B. All of the waters enclosed by a line beginning at
Dillingham Point at latitude 44[deg]12'12'' N., longitude
069[deg]03'20'' W.; thence to latitude 44[deg]12'14'' N., longitude
069[deg]02'58'' W.; thence to latitude 44[deg]12'19'' N., longitude
069[deg]03'08'' W.; thence to latitude 44[deg]12'28'' N., longitude
069[deg]03'13'' W.; thence to latitude 44[deg]12'26'' N., longitude
069[deg]03'39'' W.; thence along the shoreline to the point of
beginning. Datum: NAD83.
Note to paragraph (b): Anchorages A and B are special anchorage
areas reserved for yachts and other recreational craft. Fore and aft
moorings will be allowed in this area. Temporary floats or buoys for
marking anchors or moorings in place will be allowed. Fixed mooring
piles or stakes are prohibited. All moorings must be so placed that
no vessel when anchored is at any time extended into the
thoroughfare. This is to ensure that a distance of approximately 150
feet is left between Anchorages A and B for vessels entering or
departing from Camden Harbor. All anchoring in the area is under the
supervision of the local harbor master or such other authority as
may be designated by the authorities of the Town of Camden, Maine.
Dated: July 31, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-13103 Filed 8-9-06; 8:45 am]
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