[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Rules and Regulations]
[Pages 44886-44888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19372]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-02-129]
RIN 1625-AA01


Anchorage Regulations: Rockland, ME

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby amends the anchorage regulations for 
Rockland Harbor by re-designating anchorage ground ``C'' as a special 
anchorage area and reorienting anchorage ground ``A''. This action is 
necessary to alert mariners that vessels moored within special 
anchorage ``C'', are not required to sound signals or display anchor 
lights or shapes, and 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: This rule is effective September 2, 2003.

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 (CGD01-02-129), 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. J. J. Mauro, Commander (oan), 
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, 
Telephone (617) 223-8355, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 1, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorage Regulations: Rockland, Maine'' in the 
Federal Register (68 FR 15691). We received no letters commenting on 
the proposed

[[Page 44887]]

rule. No public hearing was requested, and none was held.

Background and Purpose

    A request was 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 the harbor. This rule will re-
designate anchorage ground ``C'', identified in 33 CFR 110.132(a)(3), 
as a special anchorage area and reorient anchorage ``A'', identified in 
33 CFR 110.132(a)(1).
    The Coast Guard 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'', will 
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. Establishing this 
special anchorage area will better meet future vessel traffic 
expectations of that area when it is re-designated 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 intends to reorient anchorage 
``A''. Reorienting anchorage ``A'' will provide a wider channel between 
the two above-mentioned anchorages. Additionally, a wider channel will 
allow safer passage for vessels anchoring in anchorage ``A'' and the 
special anchorage area as well as vessel traffic transiting via 
Atlantic Point.
    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.

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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under regulatory policies and procedures of 
DHS is unnecessary.
    This finding is based on the fact that this rule 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 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 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 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    If this 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 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 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 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

[[Page 44888]]

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 M16475.1D, 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 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

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; 33 CFR 1.05-1(g), and Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  110.4 to subpart A 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.


    (b) [Reserved].
0
3. In Sec.  110.132 revise paragraph (a)(1), remove paragraph (a)(3), 
and revise paragraphs (b)(1) and (b)(2) to read as follows:


Sec.  110.132  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.
* * * * *
    (b) The 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.
* * * * *

    Dated: July 17, 2003.
John L. Grenier,
Captain, Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 03-19372 Filed 7-30-03; 8:45 am]
BILLING CODE 4910-15-P