[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Proposed Rules]
[Page 46181-46183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au06-29]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD01-06-026]
RIN 1625-AA01
Anchorage Regulations; Falmouth, ME, Casco Bay
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the existing special
anchorage area in Falmouth, Maine, on Casco Bay. This proposed action
is necessary to facilitate safe navigation and provide a safe and
secure anchorage for vessels of not more than 65 feet in length. This
action is intended to increase the safety of life and property on Casco
Bay, 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) (CGD01-06-026), First Coast Guard District, 408 Atlantic Ave.,
Boston, Massachusetts 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-
026), 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 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
enlarging the current special anchorage area in Falmouth, Maine, by an
additional 206 acres. The proposed rule would expand the existing
special anchorage, described in 33 CFR 110.5(d), to allow anchorage for
approximately 150 additional vessels. When at anchor in any special
anchorage, vessels not more than 65 feet in length need not carry or
exhibit the white anchor lights required by the Navigation Rules.
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 amend the existing special anchorage
located at the Town of Falmouth, Maine, on Casco Bay. The Mussel Cove
and adjacent waters at Falmouth Foreside, Falmouth special anchorage
would include all waters of Casco Bay enclosed by a line beginning at
the Dock House (F.S.) located at latitude 43[deg]44'22'' N, longitude
70[deg]11'41'' W; thence to latitude 43[deg]44'19'' N, longitude
70[deg]11'33'' W; thence to latitude 43[deg]44'00'' N, longitude
70[deg]11'44'' W; thence to latitude 43[deg]43'37'' N, longitude
70[deg]11'37'' W; thence to latitude 43[deg]43'04'' N, longitude
70[deg]12'13'' W; thence to latitude 43[deg]41'56'' N, longitude
70[deg]12'53'' W; thence to latitude 43[deg]41'49'' N, longitude
70[deg]13'05'' W; thence to latitude 43[deg]42'11'' N, longitude
70[deg]13'30'' W; thence along the shoreline to the point of beginning.
All proposed coordinates are North American Datum 1983 (NAD 83).
This special anchorage area would be limited to vessels no greater
than 65 feet in length. 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 using 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 conforms to
the changing needs of the Town of Falmouth, the changing needs of
recreational, fishing and commercial vessels, and makes the best use of
the available navigable water. This proposed special area, while in the
interest of safe navigation and protection of the vessels moored at the
Town of Falmouth, does not impede the passage of vessels intending to
transit
[[Page 46182]]
within Casco Bay. Thus, the special anchorage area will have a minimal
economic impact.
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 Casco
Bay in and around the anchorage area. However, this anchorage area
would not have a significant economic impact on these entities for the
following reasons: The proposed special area does not impede the
passage of vessels intending to transit in and around Falmouth, which
include both small recreational and large commercial vessels. Thus, the
special anchorage area will not impede safe and efficient vessel
transits on Casco Bay.
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 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 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 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
[[Page 46183]]
fits the category selected from paragraph (34)(f) as it would expand 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. 110.5, by revising paragraph (d) to read as follows:
Sec. 110.5 Casco Bay, Maine.
* * * * *
(d) Mussel Cove and adjacent waters at Falmouth Foreside, Falmouth.
All of the waters enclosed by a line beginning at the Dock House (F.S.)
located at latitude 43[deg]44[min]22[sec] N, longitude
70[deg]11[min]41[sec] W; thence to latitude 43[deg]44[min]19[sec] N,
longitude 70[deg]11[min]33[sec] W; thence to latitude
43[deg]44[min]00[sec] N, longitude 70[deg]11[min]44[sec] W; thence to
latitude 43[deg]43[min]37[sec] N, longitude 70[deg]11[min]37[sec] W;
thence to latitude 43[deg]43[min]04[sec] N, longitude
70[deg]12[min]13[sec] W; thence to latitude 43[deg]41[min]56[sec] N,
longitude 70[deg]12[min]53[sec] W; thence to latitude
43[deg]41[min]49[sec] N, longitude 70[deg]13[min]05[sec] W; thence to
latitude 43[deg]42[min]11[sec] N, longitude 70[deg]13[min]30[sec] W;
thence along the shoreline to the point of beginning. DATUM: NAD 83.
Note to paragraph (d). The area designed by paragraph (g) of this
section is reserved for yachts and other small 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
so that no vessel when anchored is at any time extended into the
thoroughfare. 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 Falmouth, Maine.
Dated: July 31, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-13199 Filed 8-10-06; 8:45 am]
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