[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]
[Page 13125-13126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-24]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2008-0076]
RIN 1625-AA01
Anchorage Regulations; Yarmouth, ME, Casco Bay
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard hereby establishes three special anchorage
areas in Yarmouth, Maine, Casco Bay. This 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 Yarmouth,
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 April 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 (CGD01-07-009), and are 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, e-mail: John.J.Mauro@uscg.mil.
Regulatory Information
On May 24, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Yarmouth, Maine, Casco Bay''
in the Federal Register (72 FR 29095). We received no letters
commenting 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 three special anchorage areas in Yarmouth, Maine: (1)
Littlejohn Island/Doyle Point Cousins Island Special Anchorage, (2)
Madeleine and Sandy Point Special Anchorage, and (3) Drinkwater Point
and Princes Point Special Anchorage, creating anchorage for
approximately 350 vessels.
The Coast Guard is designating the special anchorage areas in
accordance with 33 U.S.C. 471. Under that statute, vessels will not be
required to sound signals or exhibit anchor lights or shapes which are
otherwise required by rule 30 and 35 of the Inland Navigation Rules,
codified at 33 U.S.C. 2030 and 2035.
The Coast Guard has defined the anchorage areas contained herein
with the advice and consent of the Army Corps of Engineers, Northeast,
located at 696 Virginia Rd., Concord, MA 01742.
Discussion of Comments and Changes
The Coast Guard received no comments for the NPRM and no changes
were made to this final rule.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
This finding is based on the fact that this rule conforms to the
changing needs of the Town of Yarmouth, the changing needs of
recreational, fishing, and commercial vessels, and makes the best use
of the available navigable water. This rule is in the interest of safe
navigation and protection of Yarmouth and the marine environment.
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
Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The 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).
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
[[Page 13126]]
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 proposed 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. We
seek any comments or information that may lead to discovery of a
significant environmental impact from this proposed rule.
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. The authority citation for part 110 is revised 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.
0
2. Amend Sec. 110.5 by adding paragraph (f) to read as follows:
Sec. 110.5 Casco Bay, Maine.
* * * * *
(f) Yarmouth Harbor and adjacent waters. (1) Anchorage A. All of
the waters enclosed by a line from a point located at the northernmost
point of Littlejohn Island at latitude 43[deg]45'86'' N., longitude
70[deg]06'95'' W.; thence to latitude 43[deg]45'78'' N., longitude
70[deg]06'89'' W.; thence to latitude 43[deg]45'43'' N., longitude
70[deg]07'38'' W.; thence to latitude 43[deg]45'28'' N., longitude
70[deg]07'68'' W.; thence to latitude 43[deg]44'95'' N., longitude
70[deg]08'45'' W.; thence to latitude 43[deg]44'99'' N., longitude
70[deg]08'50'' W. DATUM: NAD 83.
(2) Anchorage B. All of the waters enclosed by a line from a point
located Northeast of Birch Point on Cousins Island at latitude
43[deg]45'27'' N., longitude 70[deg]09'32'' W.; thence to latitude
43[deg]45'35'' N., longitude 70[deg]09'50'' W.; thence to latitude
43[deg]45'63'' N., longitude 70[deg]09'18'' W.; thence to latitude
43[deg]45'95'' N., longitude 70[deg]08'98'' W.; thence to latitude
43[deg]45'99'' N., longitude 70[deg]08'83'' W. DATUM: NAD 83.
(3) Anchorage C. All of the waters enclosed by a line from a point
located South of Drinkwater Point in Yarmouth, Maine at latitude
43[deg]46'42'' N., longitude 70[deg]09'25'' W.; thence to latitude
43[deg]46'35'' N., longitude 70[deg]09'16'' W.; thence to latitude
43[deg]46'07'' N., longitude 70[deg]09'77'' W.; thence to latitude
43[deg]45'48'' N., longitude 70[deg]10'40'' W.; thence to latitude
43[deg]45'65'' N., longitude 70[deg]10'40'' W. DATUM: NAD 83.
Note to paragraph (f). An ordinance of the Town of Yarmouth,
Maine requires the approval of the Yarmouth Harbor Master for the
location and type of moorings placed in these special anchorage
areas. All anchoring in the areas are under the supervision of the
Yarmouth Harbor Master or other such authority as may be designated
by the authorities of the Town of Yarmouth, Maine. All moorings are
to be so placed that no moored vessel will extend beyond the limit
of the anchorage area.
* * * * *
Dated: February 21, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E8-4821 Filed 3-11-08; 8:45 am]
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