[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Proposed Rules]
[Pages 52599-52602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21335]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[USCG-2011-0231]
RIN 1625-AA01


Anchorage Regulations; Wells, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish three special anchorage 
areas in Wells Harbor, Wells, Maine. This proposed action is necessary 
to facilitate safe navigation in that area and provide safe and secure 
anchorages for vessels not more than 20 meters in length. This action 
is intended to increase the safety of life and property in Wells 
Harbor, improve the safety of anchored vessels, and provide for the 
overall safe and efficient flow of vessel traffic and commerce.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 7, 2011. Requests for public meetings must 
be received by the Coast Guard on or before September 13, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0231 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Mr. John J. Mauro, Waterways Management Branch, 
First Coast Guard District; telephone 617-223-8355, e-mail 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0231), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0231'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed

[[Page 52600]]

postcard or envelope. We will consider all comments and material 
received during the comment period and may change the rule based on 
your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0231'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But, you may submit a 
request for one on or before September 13, 2011 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting 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.

Basis and Purpose

    The legal basis for the proposed rule is: 33 U.S.C. 471, 1221 
through 1236, 2030, 2035, 2071; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to define anchorage grounds.
    The rule is intended to reduce the risk of vessel collisions by 
creating three special anchorage areas in Wells Harbor. This proposed 
rule would establish special anchorage areas in the western, central 
and eastern portions of Wells Harbor creating anchorage for 
approximately 150 vessels.

Discussion of Proposed Rule

    The proposed rule would create three new special anchorage areas in 
Wells, Maine. These three new special anchorage areas in Wells Harbor 
are described below. All proposed coordinates are North American Datum 
1983 (NAD 83).

Anchorage A

    All of the waters enclosed by a line beginning at latitude 
43[deg]19'15.7'' N, longitude 070[deg]33'42.1'' W; thence to latitude 
43[deg]19'15.7'' N, longitude 070[deg]33'40.3'' W; thence to latitude 
43[deg]19'2.6'' N, longitude 070[deg]33'45.7'' W; thence to latitude 
43[deg]19'3.7'' N, longitude 70[deg]33'42.6'' W; thence to the point of 
beginning. This area is approximately 5,800 sq. yards, encompassing the 
central portion of Wells Harbor.

Anchorage B

    All of the waters enclosed by a line beginning at latitude 
43[deg]19'11.1'' N, longitude 070[deg]33'49.8'' W; thence to latitude 
43[deg]19'10.5'' N, longitude 070[deg]33'47.3'' W; thence to latitude 
43[deg]19'8.7'' N, longitude 070[deg]33'50.6'' W; thence to latitude 
43[deg]19'8.3'' N, longitude 070[deg]33'47.3'' W; thence to the point 
of beginning. This area is approximately 25,000 sq. yards, encompassing 
the western portion of Wells Harbor.

Anchorage C

    All of the waters enclosed by a line beginning at latitude 
43[deg]19'17.7'' N, longitude 070[deg]33'34.0'' W; thence to latitude 
43[deg]19'18.4'' N, longitude 070[deg]33'32.9'' W; thence to latitude 
43[deg]19'13.0'' N, longitude 070[deg]33'26.2'' W; thence to latitude 
43[deg]19'13.8'' N, longitude 070[deg]33'25.5'' W; thence to the point 
of beginning. This area is approximately 8,200 sq. yards, encompassing 
the eastern portion of Wells Harbor.
    Vessels not more than 20 meters in length are not required to sound 
signals as per Rule 35 of the Inland Navigation Rules (33 U.S.C. 2035) 
nor exhibit anchor lights or shapes as per Rule 30 of the Inland 
Navigation Rules (33 U.S.C. 2030) when at anchor in a special anchorage 
area. Additionally, mariners utilizing the anchorage areas are 
encouraged to contact local and state authorities, such as the local 
harbormaster, to ensure compliance with any additional applicable state 
and local laws. Such laws may involve, for example, compliance with 
direction from the local harbormaster when placing or using moorings 
within the anchorage.

Regulatory Analyses

    We developed this proposed 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.

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, 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 minimal additional cost impacts on fishing, or 
recreational boats anchoring because this rule would not affect normal 
surface navigation. Although this regulation may have some impact on 
the public, the potential impact will be minimized for the following 
reasons: Normal surface navigation will not be affected as this area 
has been historically used as a mooring field by the Town of Wells and 
the number of vessels using the anchorage is limited due to depth (less 
than or equal to 18 feet).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 would affect the following 
entities, some of which might be small entities: the owners or 
operators of recreational and small fishing vessels intending to anchor 
in Wells Harbor.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons: Normal 
surface navigation will not be affected as this area has been 
historically used as a mooring field by the Town of Wells and the 
number of vessels using the anchorage is limited due to depth (less 
than or equal to 18 feet).

[[Page 52601]]

    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 Mr. John J. Mauro, Waterways 
Management Branch, First Coast Guard District; telephone 617-223-8355, 
e-mail [email protected]. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

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

    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 proposed 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 (adjusted for 
inflation) 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 cause 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.

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. 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. We believe the proposed 
rule would be categorically excluded, under figure 2-1, paragraph 
(34)(f) of the Instruction because it involves the establishment of 
special anchorage grounds. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule. A preliminary environmental analysis checklist is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    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 continues to read as 
follows:

    Authority:  33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

    2. Add Sec.  110.9 to subpart A to read as follows:


Sec.  110.9  Wells Harbor, Maine.

    (a) Anchorage ``A''. All of the waters enclosed by a line beginning 
at latitude 43[deg]19'15.7'' N, longitude 070[deg]'33''42.1'' W; thence 
to latitude 43[deg]19'15.7'' N, longitude 070[deg]33'40.3'' W; thence 
to latitude 43[deg]19'2.6'' N, longitude 070[deg]33'45.7'' W; thence to 
latitude 43[deg]19'3.7'' N, longitude 70[deg]33'42.6'' W; thence to the 
point of beginning. This area is approximately 5,800 sq. yards,

[[Page 52602]]

encompassing the central portion of Wells Harbor.
    (b) Anchorage ``B''. All of the waters enclosed by a line beginning 
at latitude 43[deg]19'11.1'' N, longitude 070[deg]33'49.8'' W; thence 
to latitude 43[deg]19'10.5'' N, longitude 070[deg]33'47.3'' W; thence 
to latitude 43[deg]19'8.7'' N, longitude 070[deg]33'50.6'' W; thence to 
latitude 43[deg]19'8.3'' N, longitude 070[deg]33'47.3'' W; thence to 
the point of beginning. This area is approximately 25,000 sq. yards, 
encompassing the western portion of Wells Harbor.
    (c) Anchorage ``C''. All of the waters enclosed by a line beginning 
at latitude 43[deg]19'17.7'' N, longitude 070[deg]33'34.0'' W; thence 
to latitude 43[deg]19'18.4'' N, longitude 070[deg]33'32.9'' W; thence 
to latitude 43[deg]19'13.0'' N, longitude 070[deg]33'26.2'' W; thence 
to latitude 43[deg]19'13.8'' N, longitude 070[deg]33'25.5'' W; thence 
to the point of beginning. This area is approximately 8,200 sq. yards, 
encompassing the eastern portion of Wells Harbor.
    (d) Regulations: This area is principally for use by yachts and 
other recreational craft. Temporary floats or buoys for marking anchors 
or moorings in place are allowed in this area. Fixed mooring piles or 
stakes are not allowed. All moorings or anchors shall be placed well 
within the anchorage areas so that no portion of the hull or rigging 
will at any time extend outside of the anchorage.

    Note:  All anchoring in the areas is under the supervision of 
the Wells Harbor Master or other such authority as may be designated 
by the authorities of the Town of Wells, Maine. All coordinates 
referenced use datum: NAD 83.


    Dated: Aug. 9, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-21335 Filed 8-22-11; 8:45 am]
BILLING CODE 9110-04-P