[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]
BILLING CODE 9110-04-P