[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Rules and Regulations]
[Page 38924-38925]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-17]
[[Page 38924]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2007-0199]
RIN 1625-AA01
Anchorage Regulations; Weymouth Fore River, Weymouth, MA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard hereby establishes Gull Point (PT) Special
Anchorage area in the Weymouth Fore River, Weymouth, Massachusetts.
This 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 in the Weymouth Fore River, 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 August 7, 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 (USCG-2007-0199), 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.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 14, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Weymouth, Massachusetts,
Weymouth Fore River'' in the Federal Register (73 FR 8635). We received
no letters commenting on the proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
The rule is intended to reduce the risk of vessel collisions by
decreasing activity in nearby over-crowded mooring areas or anchorages
in Weymouth, Massachusetts. The Coast Guard is designating the special
anchorage area 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 area contained herein
with the advice and consent of the Army Corps of Engineers, Northeast,
located at 696 Virginia Rd., Concord, MA 01742.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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 Weymouth, 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, protection of moored vessels, protection of the Town of
Weymouth 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 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
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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 considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph 34(f), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A final ``Categorical Exclusion
Determination'' and a final ``Environmental Analysis Check List'' are
available in the docket for inspection or copying where indicated under
ADDRESSES. This rule fits the category selected from paragraph (34)(f)
as it would establish one special anchorage area
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 continues to read as follows:
Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and
2071; and Department of Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 110.30, by redesignating paragraph (k) as paragraph
(k)(1) and adding paragraph (k)(2) to read as follows:
Sec. 110.30 Boston Harbor, Mass., and adjacent waters.
* * * * *
(k) * * *
(2) Weymouth Fore River, in the vicinity of Gull Point (PT). All of
the waters bound by the following points beginning at latitude
42[deg]15'05'' N, longitude 70[deg]57'26'' W; thence to latitude
42[deg]15'00'' N, longitude 70[deg]57'26'' W; thence to latitude
42[deg]15'15'' N, longitude 70[deg]56'50'' W; thence to latitude
42[deg]15'18'' N, longitude 70[deg]56'50'' W; thence to the point of
the beginning. DATUM: NAD 83.
Note to paragraph (k)(2): The area is principally for use by
recreational craft. All anchoring in the area shall be under the
supervision of the local harbor master or such other authority as
may be designated by the authorities of the Town of Weymouth,
Massachusetts. All moorings are to be so placed that no moored
vessel will extend beyond the limit of the anchorage area.
* * * * *
Dated: June 23, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. E8-15312 Filed 7-7-08; 8:45 am]
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