[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Rules and Regulations]
[Pages 68517-68519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28681]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD 01-02-027]
RIN 2115-AA98


Anchorage Grounds; Frenchman Bay, Bar Harbor, ME

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby establishes two anchorage areas in 
Frenchman Bay near Bar Harbor, Maine. This action is necessary to 
provide designated anchorage grounds on Frenchman Bay allowing safe and 
secure anchorage 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: This rule is effective December 12, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-02-027 and are available for inspection or 
copying at First Coast Guard District, 408 Atlantic Ave., Boston, 
Massachusetts 02110 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, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On July 8, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Grounds; Frenchman Bay, Bar Harbor, ME in the 
Federal Register (67 FR 45071). We received one letter commenting on 
the proposed rule. No public hearing was requested, and none was held.

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 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. 
However, large vessels calling on Bar Harbor have traditionally 
anchored both north and south of Bar Island. These new anchorage areas 
coincide with the traditional areas used for large ship anchorage. The 
size and shape of the anchorage areas are minimal and the purpose is to 
conform to the changing use of the harbor and to make best use of 
available water.
    The Coast Guard has defined the anchorage areas contained herein 
with the advice and consent of the Army Corps of Engineers, New England 
District, located at 696 Virginia Rd., Concord, MA 01742.
    This regulation does not intend to exclude fishing activity or the 
transit of vessels in the anchorage areas. The Coast Guard anticipates 
minimal transit interference through the proposed anchorages by way of 
increased vessel anchorage.

Discussion of Comments and Changes

    We received one letter from the Army Corps of Engineers commenting 
on the proposed rule. They recommended that no seasonal mooring buoys 
be established in these anchorages. Their concerns were addressed in 
the NPRM. The final rule has not been changed from the NPRM language 
except to correct two typographical errors to the latitude and 
longitude as follows:

For Anchorage ``A'', 68[deg]-11'-00''W is changed to read 68[deg]-12'-
00''W.
For Anchorage ``B'', 44[deg]-23'-02''N is changed to read 44[deg]-24'-
02''N.

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. 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 safety of maritime commerce.

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

[[Page 68518]]

a significant economic impact on a substantial number of small 
entities.
    This rule will have minimal economic impact on vessels operated by 
small entities. This conclusion is based upon the fact that there are 
no restrictions for entry or use of the anchorage targeting small 
entities. This regulation creates only two new anchorage areas; it does 
not govern its usage.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 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 will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble. This rule 
will not impose an unfunded mandate.

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 does not create an 
environmental risk to health or risk to safety that may 
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 does 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. 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 have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(f), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.
    This rule creates two new anchorage areas to the east of Bar 
Harbor. These designated anchorages will enhance the safety in the 
waters of Frenchman Bay, Maine by relieving vessel congestion within 
the bay. Thus, these two designated anchorages will 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 amends 
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).


Sec. Sec.  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
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    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''43' N..........................  068[deg]12''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.
------------------------------------------------------------------------

    (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''33' N..........................  068[deg]13''09' W; thence to
44[deg]24''42' N..........................  068[deg]11''47' W; thence to
                                             copied
44[deg]24''11' N..........................  068[deg]11''41' W; thence to
44[deg]24''02' N..........................  068[deg]13''03' 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.

[[Page 68519]]

    (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: October 29, 2002.
J.L. Grenier,
Captain, USCG, Acting District Commander, First Coast Guard District.
[FR Doc. 02-28681 Filed 11-8-02; 8:45 am]
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