[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Proposed Rules]
[Pages 20568-20570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8498]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-04-004]
1625-AA01


Anchorage Grounds; Buzzards Bay, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the anchorage regulations 
for Buzzards Bay, Nantucket Sound, and adjacent waters of Massachusetts 
by relocating anchorage ground ``L'' in Buzzards Bay to an area near 
Naushon Island, MA. This action is intended to increase the safety of 
life and property on Buzzards Bay, improve the safety of anchored 
vessels in anchorage ``L'', and provide for the overall safe and 
efficient flow of vessel traffic and commerce via the proposed 
Recommended Traffic Route for Deep Draft Vessels. The proposed 
regulation would maintain the shape and dimension of anchorage ``L'' 
but move the anchorage within Buzzards Bay.

DATES: Comments and related material must reach the Coast Guard on or 
before July 15, 2004.

ADDRESSES: Comments should be mailed to: Commander (oan) (CGD01-04-
004), 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 (CGD01-04-004), 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.

[[Page 20569]]

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 light of significant oil spills in Rhode Island Sound in 1996 
and Buzzards Bay in 2003, specific recommendations from a navigation 
risk assessment conducted by a formal Ports and Waterways Safety 
Assessment (PAWSA) for Buzzards Bay in North Falmouth, Massachusetts, 
on 9-10 September 2003, and a letter to the Coast Guard First District 
Commander signed by members of the Massachusetts Congressional 
delegation, it appears that measures should be taken to enhance the 
safety of navigation within Buzzards Bay. A Recommended Traffic Route 
for vessels may be needed to improve navigation safety in this area. 
The Recommended Route, to be implemented on April 27, 2004, was 
presented to the Southeastern Massachusetts and Rhode Island Port 
Safety and Security Committees, the stakeholder participants at the 
Buzzards Bay Ports and Waterways Safety Assessment (PAWSA), and to many 
commercial tug and vessel masters, with no objections. Additionally, 
the route has been presented to the American Waterways Operators (AWO) 
organization for its review. AWO generally supports the establishment 
of recommended traffic routes, provided that vessel masters are 
afforded latitude to deviate from the routes as circumstances, such as 
weather or vessel traffic, might dictate. As contemplated, vessel 
masters would indeed have such latitude. A Buzzards Bay Traffic Route 
would not preclude vessel masters from using their best judgment 
navigating their vessels to ensure safety.
    Presently, there are two designated anchorage grounds in Buzzards 
Bay; anchorage ``L'' and anchorage ``M'', located at 33 CFR 
110.140(b)(3) and 33 CFR 110.140(b)(4), respectively. The present 
location of anchorage ``L'' puts it directly in the proposed path of 
the Recommended Route for Deep Draft vessels entering or leaving the 
Cape Cod Canal via Cleveland Ledge Channel. The proposed size and shape 
of the new anchorage ground, similarly called anchorage ``L'', would 
remain the same.
    In developing this proposed rule, the Coast Guard has consulted 
with and has the approval of the Chief of Engineers the Army Corps of 
Engineers, Northeast. This proposed rule would not exclude fishing 
activity or the transit of vessels in the anchorage grounds. The Coast 
Guard anticipates the proposed new location of anchorage ground ``L'' 
would cause minimal transit interference with the new route.

Discussion of Proposed Rule

    The proposed rule would move Anchorage ``L'' from one area of 
Buzzard's Bay to another. The anchorage is currently in the center of 
Buzzards Bay and would move approximately 4 nm to the southwest part of 
the Bay. This proposal would enhance safety of navigation and 
efficiency for deep draft vessels transiting Buzzards Bay.

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 this anchorage area. 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 would have minimal 
economic impact on lobster fishing vessels and recreational boaters. 
This conclusion is based upon the fact that there are no restrictions 
for entry or use of the proposed anchorage targeting small entities. 
The proposed regulation relocates one existing anchorage area.
    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 
proposed 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

[[Page 20570]]

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 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 relocating one existing anchorage area to the 
East of the Recommend Route. This designated anchorage would enhance 
the safety in the waters of Buzzards Bay, MA by relieving vessel 
congestion within the bay. Thus, relocating this designated anchorage 
would provide a safer approach to the Cape Cod Canal by 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; 
33 CFR 1.05-1(g) and Department of Homeland Security Delegation No. 
0170.1.

    2. In Sec. 110.140 paragraph (b)(3) is revised to read as follows:


Sec.  110.140  Buzzards Bay, Nantucket Sound, and adjacent waters, 
Mass.

* * * * *
    (b) * * *
    (3) Anchorage L-. The waters bounded by a rhumb line connecting the 
following points:

------------------------------------------------------------------------
                Latitude                            Longitude
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41[deg]030'011'' N.....................  070[deg]048'010'' W; thence to
41[deg]030'046'' N.....................  070[deg]048'045'' W; thence to
41[deg]032'024'' N.....................  070[deg]045'050'' W; thence to
41[deg]031'048'' N.....................  070[deg]045'015'' W; returning
                                          to start
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* * * * *

    Dated: March 9, 2004.
Vivien S. Crea,
RADM, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-8498 Filed 4-15-04; 8:45 am]
BILLING CODE 4910-15-P