[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Proposed Rules]
[Pages 15691-15694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7806]


=======================================================================
-----------------------------------------------------------------------

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.

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

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