[Federal Register: April 1, 2003 (Volume 68, Number 62)]
[Proposed Rules]
[Page 15691-15694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap03-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD01-02-129]
RIN 2115-AA98
Anchorage Regulations; Rockland, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the anchorage regulations
for Rockland Harbor by redesignating anchorage ground ``C'' as a
special anchorage area and reorienting anchorage ground ``A''. This
proposed action is necessary to (1) alert mariners that vessels moored
within special anchorage ``C'', are not required to sound signals or
display anchor lights or shapes, and (2) provide a wider navigable
channel between the two anchorages. This action is intended to increase
the safety of life and property on navigable waters, improve the safety
of anchored vessels in both anchorage ``A'' and the special anchorage
area, 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 June 2, 2003.
ADDRESSES: You may mail comments and related material to Commander
(oan) (CGD01-02-129), 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. J. J. Mauro, Commander (oan),
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110,
Telephone (617) 223-8355.
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 (CGD01-02-
129), indicate the specific section of this
[[Page 15692]]
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 comments received.
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 Office of Aids to Navigation
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 proposed rule is in response to a request made by the City of
Rockland and Hartley Marine Services, Rockland, Maine, to accommodate
the increased number of vessels mooring in Penobscot Bay, Rockland
Harbor, and provide for safe navigation between the anchorages within
that harbor. This proposed rule would re-designate anchorage ground
``C'', identified in 33 CFR 110.130(a)(3), as a special anchorage area
and reorient anchorage ``A'', identified in 33 CFR 110.130(a)(1).
The Coast Guard has determined that the small commercial and
recreational vessels now anchoring in anchorage ``C'' do not have the
ability to maintain anchor lights sufficient to meet anchorage ground
requirements. Vessel traffic, as well as users of anchorage ``C'',
would transit and anchor more safely when anchorage ``C'' is designated
a special anchorage area, limited to vessels less than 20 meters in
length, since transiting vessels will neither expect sound signals nor
anchor lights or shapes from all moored vessels. Thus, establishing a
special anchorage area will better meet future vessel traffic
expectations of that area when it is redesignated as such and limited
to vessels no greater than 20 meters in length.
In order to facilitate the safe and efficient flow of vessel
traffic and commerce between anchorages ``A'' and the newly designated
special anchorage area, the Coast Guard proposes to reorient anchorage
``A''. Reorienting anchorage ``A'' would provide a wider channel
between the two above-mentioned anchorages. Additionally, a wider
channel would allow safer passage for vessels anchoring in anchorage
``A'' and the special anchorage area as well as vessel traffic
transiting via Atlantic Point.
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
This proposed rule redesignates one anchorage ground and reorients
another. The Coast Guard proposes to amend 33 CFR 110.130, Rockland
Harbor, by removing anchorage ground ``C'', identified in 33 CFR
110.130(a)(3), then establishing that same area as a special anchorage
area. The special anchorage area will be established and identified in
an added section, 33 CFR 110.4. The special anchorage area would be
limited to vessels no greater than 20 meters in length. Vessels not
more than 20 meters in length are not required to sound signals as
required by rule 35 of the Inland Navigation Rules (33 U.S.C. 2035) or
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.
The Coast Guard also proposes to reorient anchorage ground ``A'',
identified in 33 CFR 110.130(a)(1) to create a wider channel between
anchorage ``A'' and the special anchorage area. Reorienting anchorage
``A'' would facilitate the safe and efficient flow of vessel traffic
and commerce between anchorages ``A'' and the newly designated special
anchorage area. The wider channel would also allow unrestricted
navigation for large commercial vessels and fishing vessels requiring
access to facilities in the vicinity of Atlantic Point.
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. 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 10e of the
regulatory policies and procedures of DOT is unnecessary.
This finding is based on the fact that this proposal conforms to
the changing needs of the harbor, the changing needs of recreational,
fishing and commercial vessels, and to make the best use of the
available navigable water. This proposed rule is in the interest of
safe navigation and protection of the Port of Rockland and the marine
environment.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 should have minimal
economic impact on lobster fishing vessels and owners or operators of
vessels intending to transit to facilities in the vicinity of Atlantic
Point or anchor in the newly created special anchorage area in Rockland
Harbor.
This finding is based on the fact that the proposed change in the
anchorage grounds and establishment of a special anchorage area conform
to the changing geography of the harbor, the changing needs of
commercial vessels and the increasing amount of recreational traffic in
the area. They are all proposed in the interest of safe navigation and
protection of the marine environment.
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 at the address
listed in ADDRESSES above.
[[Page 15693]]
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
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
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
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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. 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 considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph 34(f), of Commandant
Instruction M16475.1D, this proposed rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES. This proposed rule fits paragraph 34(f) as it revises one
anchorage ground and establishes a special anchorage area.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Regulations
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 is revised to read as
follows:
Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and
2071; Department of Homeland Security Delegation No. 0170 and 33 CFR
1.05-1(g).
2. Add Sec. 110.4 to read as follows:
Sec. 110.4 Penobscot Bay, Maine.
(a) Rockland Harbor. Beginning at a point bearing 244[deg], 1,715
yards, from Rockland Breakwater Light; thence 260[deg], 490 yards, to a
point bearing 248[deg] from Rockland Breakwater Light; thence 350[deg],
580 yards, to a point bearing 263[deg] from Rockland Breakwater Light;
thence 83[deg], 480 yards, to a point bearing 263[deg] from Rockland
Breakwater Light; and thence 169[deg], 550 yards, to the point of
beginning.
This area is limited to vessels no greater than 20 meters in
length.
Note to paragraph (a): This area is primarily for use by yachts and
other recreational craft. Temporary floats or buoy for marking the
location of the anchor may be used. All moorings shall be so placed
that no vessel, when anchored, shall at any time extend beyond the
limits of the area. All anchoring in the area shall be under the
supervision of the local harbormaster or such authority as may be
designated by authorities of the City of Rockland, Maine. Requests for
placement of mooring buoys shall be directed to the local government.
Fixed mooring piles or stakes are prohibited.
3. Remove Sec. 110.130(a)(3).
4. Revise Sec. 110.130 to read as follows:
Sec. 110.130 Rockland Harbor, Maine.
(a) The anchorage grounds. (1) Anchorage A. Beginning at a point
bearing 158[deg], 1,075 yards, from Rockland Breakwater Light; thence
252[deg], 2,020 yards, to a point bearing 224[deg] from Rockland
Breakwater Light; thence 345[deg], 740 yards, to a point bearing
242[deg] from Rockland Breakwater Light; thence 72[deg], 1,300 yards,
to a point bearing 222[deg] from Rockland Breakwater Light; and thence
120[deg], 1,000 yards, to the point of beginning.
(2) * * *
(b) Regulations. (1) Anchorages A and B are general anchorage
grounds reserved for merchant vessels, commercial vessels or passenger
vessels over 65 feet in length. Fixed moorings, piles or stakes are
prohibited.
(2) A distance of approximately 500 yards shall be left between
Anchorages A and B for vessels entering or departing from the Port of
Rockland. A distance of approximately 100 yards shall be left between
Anchorage A and the Special Anchorage Area for vessels entering or
departing facilities in the vicinity of Atlantic Point. Any vessel
anchored in these anchorages shall be capable of moving and when
ordered to move by the Captain of the Port shall do so with reasonable
promptness.
* * * * *
[[Page 15694]]
Dated: March 3, 2003.
Vivien S. Crea,
RADM, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 03-7806 Filed 3-31-03; 8:45 am]
BILLING CODE 4910-15-U