[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Proposed Rules]
[Pages 45071-45073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17003]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 130 / Monday, July 8, 2002 / Proposed 
Rules  

[[Page 45071]]



DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD01-02-027]
RIN 2115-AA98


Anchorage Grounds; Frenchman Bay, Bar Harbor, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish two anchorage grounds in 
Frenchman Bay near Bar Harbor, Maine. This action is necessary to 
provide designated anchorage grounds on Frenchman Bay thereby 
facilitating safe and secure anchorages, and improved Captain of the 
Port & Harbormaster coordination and management of congested harbor 
areas for an increasing number of large passenger vessels calling on 
the Port of Bar Harbor. This action is intended to increase safety for 
vessels through enhanced voyage planning and also by clearly indicating 
the location of anchorage grounds for ships proceeding along the 
Frenchman Bay Recommended Route for Deep Draft vessels.

DATES: Comments and related material must reach the Coast Guard on or 
before October 7, 2002.

ADDRESSES: Comments should be mailed to: Commander (oan) (CGD01-02-
027), 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. The Office of Aids to Navigation Branch, First Coast Guard 
District maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, 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, at (617) 
223-8355.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments and related material. Persons 
submitting comments should include their names and addresses, identify 
the docket number for this rulemaking (CGD01-02-027), 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. Persons wanting acknowledgment of receipt 
of comments should enclose stamped, self-addressed postcards or 
envelopes. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of the 
comments received.

Public Meeting

    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Office of Aids to Navigation Branch at 
the Address under ADDRESSES. The request should include the reasons why 
a hearing would be beneficial. If we determine that the opportunity for 
oral presentations will aid this rulemaking, we will hold a public 
hearing at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    In November 1999, the Maine Department of Transportation contracted 
with a local firm to produce a cruise ship traffic demand management 
study for the Town of Bar Harbor, Maine. One of the purposes was to 
develop a scheduling and reservation system for arriving cruise ships 
so that Town facilities would not be overburdened. The study included 
basic research into the history and outcomes of past cruise ship 
visits, observation of present cruise ship operations and anchorages. 
Based on the findings and recommendations of this study, the Penobscot 
Bay and River Pilots Association has requested that the Coast Guard 
establish two Federal anchorage grounds in Frenchman Bay near Bar 
Harbor, Maine.
    Presently, there are no designated anchorage grounds in this area. 
The locations traditionally used for anchorage of large vessels calling 
on Bar Harbor are situated north and south of Bar Island. The proposed 
size and shape of the anchorage grounds are minimal. The proposed size 
and shape make best use of available water, designating anchorage 
locations for both large and small vessels, thereby reducing the amount 
of vessels anchored in and transiting through the harbor. These 
proposed anchorage locations would make the harbor safer given the 
large amount of current vessel traffic along with the foreseen 
increased use of this waterway.
    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.
    This rule does not intend to exclude fishing activity or the 
transit of vessels in the anchorage grounds. The Coast Guard 
anticipates the proposed anchorage grounds would cause minimal transit 
interference, by way of increased vessel anchorage.

Discussion of Proposed Rule

    The rule creates two new anchorage grounds. Anchorage ``A'' 
(general) would be that portion of Frenchman Bay, Bar Harbor, ME 
enclosed by a rhumb line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
44 deg.23'43''N...........................  068 deg.11'00''W; thence to
44 deg.23'52''N...........................  068 deg.11'22''W; thence to
44 deg.23'23''N...........................  068 deg.10'59''W; thence to
44 deg.23'05''N...........................  068 deg.11'32''W; returning
                                             to start.
------------------------------------------------------------------------

    Anchorage ``B'' (general-primarily intended for vessels 200 feet 
and longer) would be that portion of Frenchman's Bay, Bar Harbor, ME 
enclosed by a rhumb line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
44 deg.24'33''N...........................  068 deg.13'09''W; thence to

[[Page 45072]]

 
44 deg.24'42''N...........................  068 deg.11'47''W; thence to
44 deg.24'11''N...........................  068 deg.11'41''W; thence to
44 deg.23'02''N...........................  068 deg.13'03''W; returning
                                             to start.
------------------------------------------------------------------------

    All proposed coordinates are North American Datum 1983. This 
proposal will significantly enhance safety of navigation and efficiency 
for large passenger vessels calling on the Port of Bar Harbor. 
Additionally, the new anchorage grounds would relieve some of the 
overcrowding in the existing Bar Harbor waterfront by reducing vessel 
anchorage and transit within the waterfront area thus further 
increasing vessel safety.
    The rule would also increase vessel safety by providing the Captain 
of the Port vessel coordination capabilities. Vessels must be capable 
of moving with reasonable promptness when ordered by the Captain of the 
Port.

Regulatory Evaluation

    This proposed regulation 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 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.
    This conclusion is based upon the fact that there are no fees, 
permits, or specialized requirements for the maritime industry to 
utilize these anchorage areas. The regulation is solely for the purpose 
of advancing the safety of maritime commerce.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard 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 will 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 recreational boaters. 
This conclusion that the proposed rule should have a minimal economic 
impact on small entities is based upon the fact that there are no 
restrictions for entry or use of the proposed anchorage targeting small 
entities. The proposed regulation creates only two new anchorage areas; 
it does not govern its usage.
    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 (Public Law 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.

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

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13132, Federalism, and has 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 an 
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

    The Coast Guard has 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

[[Page 45073]]

does not require a Statement of Energy Effects under Executive Order 
13211.

Environment

    The Coast Guard has 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 rule proposes creating two new anchorage areas to the east of 
Bar Harbor. These designated anchorages would enhance the safety in the 
waters of Frenchman Bay, Maine by relieving vessel congestion within 
the bay. Thus, these two designated anchorages would provide a safer 
approach for deep draft vessels.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons set forth 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, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).


Secs. 110.130 through 110.134  [Redesignated]

    2. Redesignate Sec. 110.130 through Sec. 110.134 as follows:

------------------------------------------------------------------------
                Old section                          New section
------------------------------------------------------------------------
Sec.  110.130.............................  110.132
Sec.  110.131.............................  110.133
Sec.  110.132.............................  110.134
Sec.  110.133.............................  110.136
Sec.  110.134.............................  110.138
------------------------------------------------------------------------

    3. Add Sec. 110.130 to Part 110, Subpart B, to read as follows:


Sec. 110.130  Bar Harbor, Maine.

    (a) Anchorage grounds. (1) Anchorage ``A'' is that portion of 
Frenchman Bay, Bar Harbor, ME enclosed by a rhumb line connecting the 
following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
44 deg.23[min]43[sec]N....................  068 deg.11[min]00[sec]W;
                                             thence to
44 deg.23[min]52[sec]N....................  068 deg.11[min]22[sec]W;
                                             thence to
44 deg.23[min]23[sec]N....................  068 deg.10[min]59[sec]W;
                                             thence to
44 deg.23[min]05[sec]N....................  068 deg.11[min]32[sec]W;
                                             returning to start.
------------------------------------------------------------------------

    (2) Anchorage ``B'' is that portion of Frenchman Bay, Bar Harbor, 
ME enclosed by a rhumb line connecting the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
44 deg.24[min]33[sec]N....................  068 deg.13[min]09[sec]W
                                             thence to
44 deg.24[min]42[sec]N....................  068 deg.11[min]47[sec]W
                                             thence to
44 deg.24[min]11[sec]N....................  068 deg.11[min]41[sec]W
                                             thence to
44 deg.23[min]02[sec]N....................  068 deg.13[min]03[sec]W
                                             returning to start.
------------------------------------------------------------------------

    (b) Regulations. (1) Anchorage A is a general anchorage ground 
reserved for passenger vessels, small commercial vessels and pleasure 
craft. Anchorage B is a general anchorage ground reserved primarily for 
passenger vessels 200 feet and greater.
    (2) These anchorage grounds are authorized for use year round.
    (3) Temporary floats or buoys for marking anchors will be allowed 
in all anchorage areas.
    (4) Fixed moorings, piles or stakes are prohibited.
    (5) Any vessels anchored in this area shall be capable of moving 
and when ordered to move by the Captain of the Port shall do so with 
reasonable promptness.
    (6) The anchoring of vessels is under the coordination of the local 
Harbormaster.

    Dated: June 21, 2002.
V.S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 02-17003 Filed 7-5-02; 8:45 am]
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