[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Rules and Regulations]
[Page 70513-70515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de07-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. CGD01-07-011]
RIN 1625-AA01
Anchorage Regulations; Edgecomb, ME, Sheepscot River
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard hereby establishes a general anchorage area in
Edgecomb, Maine on the Sheepscot River. This action is necessary to
facilitate safe navigation in that area and provide safe and secure
anchorages. This action is intended to increase the safety of life and
property in Edgecomb, improve the safety of anchored vessels, and
provide for the overall safe and efficient flow of vessel traffic and
commerce.
DATES: This rule is effective January 11, 2008.
ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD01-07-011, and are available for inspection or
copying at Room 628, First Coast Guard District, 408 Atlantic Ave.,
Boston, MA 02110, between 8 a.m. and 3 p.m., Monday th rough 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, e-mail: John.J.Mauro@uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 24, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Edgecomb Maine, Sheepscot
River'' in the Federal Register (72 FR 29092). We received no comments
on the proposed rule. No public hearing was requested, and none was
held.
Background and Purpose
This rule is intended to reduce the risk of vessel collisions by
creating a general anchorage area in Edgecomb, Maine adjacent to the
current town mooring fields. This rule is designed to reserve
approximately 15 anchorages for transient vessels visiting the area
from May through October each year. The anchorage would accommodate
both sail and power vessels with a 3-to-12-foot draft.
The Coast Guard is designating the general anchorage area in
accordance with 33 U.S.C. 471. The Coast Guard has defined the
anchorage area contained herein with the advice and consent of the Army
Corps of Engineers, Northeast, located at 696 Virginia Rd., Concord, MA
01742.
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.
The anchorage area does not impede the passage of recreational or
commercial vessels as it is not located in the primary channel of the
Sheepscot River, and will therefore have a minimal economic impact.
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 a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this 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, at
the address listed in ADDRESSES above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The
[[Page 70514]]
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). 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 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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
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 will not create an
environmental risk to health or risk to safety that might
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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded 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, this rule is categorically excluded, under
figure 2-1, paragraph 34(f), of the Instruction from further
environmental documentation. Paragraph (34)(f) applies to this rule
because it establishes an anchorage area. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' are available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. Revise the authority citation for part 110 to read as follows:
Authority: 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.
0
2. Add Sec. 110.131 to read as follows:
Sec. 110.131 Sheepscot River in the vicinity of Edgecomb, Maine.
(a) Anchorage grounds. All of the waters enclosed by a line
starting from a point located at the southwestern end of Davis Island
at latitude 43[deg]59.655' N., longitude 69[deg]39.617' W.; thence to
latitude 43[deg]59.687' N., longitude 69[deg]39.691' W.; thence to
latitude 43[deg]59.847' N., longitude 69[deg]39.743' W.; thence to
latitude 43[deg]59.879' N., longitude 69[deg]39.559' W.; thence to
latitude 43[deg]59.856' N., longitude 69[deg]39.488' W.; thence to
latitude 43[deg]59.771' N., longitude 69[deg]39.585' W.; thence to the
point of beginning. DATUM: NAD 83
(b) Regulations. (1) This anchorage is reserved for vessels of all
types, with drafts of 3 to 12 feet.
(2) These anchorage grounds are authorized for use from May through
October.
(3) Vessels are limited to a maximum stay of 1 week.
(4) Fixed moorings, piles or stakes are prohibited.
(5) Vessels must not anchor so as to obstruct the passage of other
vessels proceeding to or from other anchorage spaces.
(6) Anchors must not be placed in the channel and no portion of the
hull or rigging of any anchored vessel shall extend outside the limits
of the anchorage area.
(7) The anchorage of vessels is under the coordination of the local
Harbormaster.
[[Page 70515]]
Dated: November 23, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E7-24007 Filed 12-11-07; 8:45 am]
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