[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Rules and Regulations]
[Pages 76295-76297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31226]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing three special anchorage areas 
in Wells Harbor, Wells, Maine. This 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: This rule is effective January 6, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0231 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0231 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. John J. Mauro, Waterways Management Branch Chief, 
First Coast Guard District; telephone (617) 223-8355, email 
[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: 

Regulatory Information

    On August 23, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorage Regulations; Wells, Maine'' in the Federal 
Register (76 FR 52599). We received no comments on the proposed rule. A 
public meeting was not requested and none was held.

Basis and Purpose

    The legal basis for this 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 rule is intended to reduce the risk of vessel collisions by 
creating three special anchorage areas in the western, central and 
eastern portions of Wells Harbor creating anchorage for approximately 
150 vessels.

Background

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

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rulemaking. We 
have finalized the rule as proposed, without change.

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.
    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 rule will 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. This rule could affect the following

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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 rule will 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).

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture 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). The Coast Guard will not retaliate against small 
entities that question or complain about this 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 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 (adjusted for 
inflation) or more in any one year. Though this rule will 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 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 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 would 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 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 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 analyzed this 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(f) of the Instruction because it involves the 
establishment of special anchorage grounds. An environmental analysis 
checklist and a categorical exclusion determination are 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 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, 2071; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.


0
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;

[[Page 76297]]

thence to the point of beginning. This area is approximately 5,800 sq. 
yards, 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 to Sec.  110.9:  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: November 21, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-31226 Filed 12-6-11; 8:45 am]
BILLING CODE 9110-04-P