[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Proposed Rules]
[Pages 59596-59599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24729]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2011-0443]
RIN 1625-AA01


Anchorage Regulations; Newport, RI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the shape and expand the 
dimensions of anchorage ``D'' at Newport, Rhode Island, to better 
accommodate increasing cruise ship visits to Newport and to improve 
navigation safety.

DATES: Comments and related material, including requests for public 
meetings, must be received by the Coast Guard on or before October 27, 
2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0443 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 methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Edward G. LeBlanc, Chief, Waterways Management Division, 
Coast Guard Sector Southeastern New England, at 401-435-2351, or 
[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-2011-0443), 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 phone 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-2011-0443'' 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[frac12] 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 postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

[[Page 59597]]

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-2011-0443'' 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 all 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 to the Docket Management Facility 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.

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.
    This proposed rule would change the shape and expand the dimensions 
of anchorage ``D'' at Newport, Rhode Island, to better accommodate 
increasing cruise ship visits to Newport, and to improve navigation 
safety.

Discussion of Proposed Rule

    This proposed rule is intended to change the shape and expand the 
size of anchorage ``D'' west of Goat Island, Newport, RI, to safely 
accommodate up to three cruise ships simultaneously. Currently, it is a 
trapezoid-shaped anchorage of approximately 0.11 square nautical miles 
that can safely accommodate only two cruise ships simultaneously. Over 
the past several years cruise ship visits to Newport, RI, have been 
more frequent. On occasion, there is a need to anchor up to three 
cruise ships simultaneously in anchorage ``D''. For the convenience and 
safety of passengers, an increase in the size of the anchorage is 
necessary. The Coast Guard believes the depth of water, water-sheet 
area, and density of vessel traffic in the vicinity of Newport west of 
Goat Island are sufficient to accommodate this change.
    Consequently, the Coast Guard proposes to change the shape of 
anchorage ``D'' from a trapezoid to a square, and expand its size from 
approximately 0.11 to 0.24 square nautical miles. The proposed rule 
also includes specific anchorage points when there are one, two, or 
three vessels anchored in anchorage ``D''.
    This proposed rule will not change the current provision in 33 CFR 
110.145(a)(4)(i) and (ii) that gives preference to the U.S. Navy from 
May 1 to October 1 each year should it require the anchorage, and 
allows temporary floats or buoys for marking of anchors or moorings.

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.

Executive Order 12866 and Executive Order 13563

    This 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 the economic impact of this proposed would not be 
significant because it only modifies the shape of a currently-existing 
anchorage at Newport, RI. Although it also would increase the size of 
the anchorage, the water-sheet area covered by the proposed anchorage 
is still less than 0.25 square nautical miles.

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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule may affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels that have a need to anchor in anchorage ``D'' at 
Newport, RI.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
rule would only modify the shape of a currently-existing anchorage at 
Newport, RI, and although it also would increase the size of the 
anchorage, the water-sheet area covered by the proposed anchorage is 
still less than 0.25 square nautical miles. It would not impose new 
requirements that would affect vessels' schedules or their ability to 
transit in the Newport, RI, area or Narragansett Bay, nor would it 
require the purchase of any new equipment or the hiring of any 
additional crew.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES above) 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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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. Edward G. LeBlanc, Chief, 
Waterways Management Division, Coast Guard Sector Southeastern New 
England, at 401-435-2351, or [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 rule calls for no new collection of information under the 
Paperwork

[[Page 59598]]

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 does 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 will 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 proposed 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 proposed 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 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 that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the modification of a currently-existing anchorage area 
at Newport, RI. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

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. Revise paragraphs (a)(4) and (d)(2) of Sec.  110.145 to read as 
follows:


Sec.  110.145  Narragansett Bay, R.I.

    (a) * * *
    (4) Anchorage D. West of Goat Island, an area bounded by the 
following coordinates:
    Northeast Corner: 41[deg]29.484' N, 071[deg]19.975' W;
    Northwest Corner: 41[deg]29.484' N, 071[deg]20.578' W;
    Southwest Corner: 41[deg]29.005' N, 071[deg]20.578' W;
    Southeast Corner: 41[deg]29.005' N, 071[deg]19.975' W.
    (i) * * *
    (iii) Should any part of an anchored vessel extend into the 
recommended vessel route in the East Passage of Narragansett Bay, a 
securite call notifying mariners of the vessel's exact position and 
status shall be made at least hourly on VHF channels 13 and 16.
    (iv) As much as practicable, vessels anchoring will do so in the 
following order:
    Primary anchoring point: 41[deg]29.25' N, 071[deg]20.15' W;
    Secondary anchoring point: 41[deg]29.38' N, 071[deg]20.45' W;
    Tertiary anchoring point: 41[deg]29.15' N, 071[deg]20.50' W.

    Note: ``Anchoring point'' is the intended position of the anchor 
at rest on the bottom of the anchorage. All coordinates referenced 
use datum: NAD 83.

* * * * *
    (d) * * *
    (2) Anchors must not be placed outside the anchorage areas, nor 
shall any vessel be so anchored that any portion of the hull or rigging 
shall at any time extend outside the boundaries of the anchorage area. 
However, Anchorage D is exempt from this requirement; see paragraph 
(a)(4) of this section.
* * * * *


[[Page 59599]]


    Dated: September 13, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-24729 Filed 9-26-11; 8:45 am]
BILLING CODE 9110-04-P