[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38922-38923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15311]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2007-0198]
RIN 1625-AA01


Anchorage Regulations; Stonington Maine, Deer Island Thorofare, 
Penobscot Bay, ME

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby establishes Crotch Island Special 
Anchorage in Stonington, Maine, on Deer Island Thorofare, Penobscot 
Bay. This action is necessary to facilitate safe navigation and provide 
a safe and secure anchorage for vessels of not more than 65 feet in 
length. This action is intended to increase the safety of life and 
property on Deer Island Thorofare, improve the safety of anchored 
vessels, and provide for the overall safe and efficient flow of vessel 
traffic and commerce.

DATES: This rule is effective August 7, 2008.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (USCG-2007-0198), 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. John J. Mauro, Commander (DPW), 
First Coast Guard District, 408 Atlantic Ave., Boston, Massachusetts 
02110, Telephone (617) 223-8355 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 14, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorage Regulations; Stonington Maine, Deer Island 
Thorofare, Penobscot Bay, ME'' in the Federal Register (73 FR 8633). We 
received no letters commenting on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    The rule is intended to reduce the risk of vessel collisions by 
creating Crotch Island Special Anchorage area to aid the Town of 
Stonington in enforcing its mooring and boating regulations.
    The Coast Guard is designating the special anchorage area in 
accordance with 33 U.S.C. 471. Under that statute, vessels will not be 
required to sound signals or exhibit anchor lights or shapes which are 
otherwise required by rule 30 and 35 of the Inland Navigation Rules, 
codified at 33 U.S.C. 2030 and 2035.
    The Coast Guard has defined the anchorage area contained herein 
with the advice and consent of the Army Corps of Engineers, Northeast, 
located at 696 Virginia Rd., Concord, MA 01742.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary.
    This finding is based on the fact that this rule conforms to the 
changing needs of the Town of Stonington, the changing needs of 
recreational, fishing and commercial vessels, and makes the best use of 
the available navigable water. This rule is in the interest of safe 
navigation, protection of moored vessels, protection of the Town of 
Stonington 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 (Pub. L. 104-121), we offered to assist small 
entities in understanding this 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
Regulatory Enforcement Ombudsman and the

[[Page 38923]]

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 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 would not result in such an 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 will not create an 
environmental risk to health or risk to safety that might 
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 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 final ``Categorical Exclusion 
Determination'' and a final ``Environmental Analysis Check List'' are 
available in the docket for inspection or copying where indicated under 
ADDRESSES. This rule fits the category selected from paragraph (34)(f) 
as it would establish one special anchorage area.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

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; Department of Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  110.4 by adding paragraph (c) to read as follows:


Sec.  110.4  Penobscot Bay, Maine.

* * * * *
    (c) Stonington Harbor, Deer Island Thorofare. (1) Crotch Island. 
All of the waters bound by the following points beginning at the 
northeast shore of Crotch Island located at: latitude 
44[deg]08[min]51.0[sec] N, longitude 068[deg]40[min]06.0[sec] W; thence 
southerly along the shoreline to latitude 44[deg]08[min]36.0[sec] N, 
longitude 068[deg]40[min]07.02[sec] W; thence to latitude 
44[deg]08[min]36.0[sec] N, longitude 068[deg]40[min]04.02[sec] W; 
thence to latitude 44[deg]08[min]46.98[sec] N, longitude 
068[deg]40[min]00.0[sec] W; thence to latitude 44[deg]08[min]55.02[sec] 
N, longitude 068[deg]39[min]49.02[sec] W; thence to latitude 
44[deg]08[min]54.0[sec] N, longitude 068[deg]40[min]06.0[sec] W thence 
back to origin.
    DATUM: NAD 83.
    (2) [Reserved].

    Note to Sec.  110.4(c): An ordinance of the Town of Stonington, 
Maine requires the approval of the Stonington Harbor Master for the 
location and type of moorings placed in these special anchorage 
areas. All anchoring in the areas are under the supervision of the 
Stonington Harbor Master or other such authority as may be 
designated by the authorities of the Town of Stonington, Maine. All 
moorings are to be so placed that no moored vessel will extend 
beyond the limit of the area.


    Dated: June 23, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E8-15311 Filed 7-7-08; 8:45 am]
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