[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 6010-6012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2549]
[[Page 6010]]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the shape and expanding the
dimensions of anchorage ``D'' at Newport, Rhode Island, to better
accommodate increasing cruise ship visits to Newport and to improve
navigation safety.
DATES: This rule is effective April 9, 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-2011-0443 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0443 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 Mr. Edward G. LeBlanc, Chief, Waterways Management Division, Coast
Guard Sector Southeastern New England, at 401-435-2351, or
[email protected] or Lieutenant Junior Grade Isaac M. Slavitt,
Waterways Management Division, Coast Guard First District, at 617-223-
8385. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Newport, RI'' in the Federal
Register (76 FR 59596). We received no comments on the proposed rule.
Basis and Purpose
The Secretary of Homeland Security has delegated to the Coast Guard
the authority to establish and regulate anchorage grounds in accordance
with 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 2071; 33 CFR
1.05-1; and Department of Homeland Security Delegation No. 0170.1. The
purpose of this rule is 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.
Background
This rule changes the shape and expands 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 and to improve navigation safety, 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 is changing the shape of anchorage
``D'' from a trapezoid to a square, and expanding its size from
approximately 0.11 to 0.24 square nautical miles. The rule also
includes specific anchorage points when there are one, two, or three
vessels anchored in anchorage ``D''.
This 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 the
rule allows temporary floats or buoys for marking of anchors or
moorings.
Discussion of Comments and Changes
We received no comments on and made no changes to the proposed
rule. No public meeting was requested, and none was held.
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.
The economic impact of this rule will not be significant because it
only modifies the shape of a currently-existing anchorage at Newport,
RI, and although it also increases 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 rule will
not have a significant economic impact on a substantial number of small
entities. This 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 rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule only modifies the shape of a currently-existing anchorage at
Newport, RI, and although it also increases the size of the anchorage,
the water-sheet area covered by the proposed anchorage is still less
than 0.25 square nautical miles; it does not impose new requirements
that would affect vessels' schedules or their ability to transit in the
Newport, RI, area or Narragansett Bay, nor does it require the purchase
of any new equipment or the hiring of any additional crew.
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.
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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 does 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 does not create an
environmental risk to health or risk to safety that may
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
modification of a currently-existing anchorage area. 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. In Sec. 110.145, revise paragraphs (a)(4) introductory text, and
(d)(2), and add paragraphs (a)(4)(iii) and (a)(4)(iv) 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
* * * * *
(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:
(A) Primary anchoring point: 41[deg]29.25' N, 071[deg]20.15' W
(B) Secondary anchoring point: 41[deg]29.38' N, 071[deg]20.45' W
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(C) Tertiary anchoring point: 41[deg]29.15' N, 071[deg]20.50' W
Note to paragraph (a): ``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 (paragraph (a)(4) of this section) is exempt from
this requirement.
* * * * *
Dated: January 20, 2012.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-2549 Filed 2-6-12; 8:45 am]
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