[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Rules and Regulations]
[Pages 25587-25590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10429]
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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: Direct final rule; request for comments.
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SUMMARY: On January 6, 2012, we established three special anchorage
areas in Wells Harbor, Wells, Maine, through a published final rule.
The Marine Chart Division of the National Oceanographic and Atmospheric
Administration (NOAA) advised the Coast Guard that the coordinates in
the final rule for the three special anchorage areas were out of
sequence and formed an hourglass shaped anchorage. This direct final
rule corrects the sequence of the coordinates so that the anchorage
area forms a box-like shaped anchorage.
DATES: This rule is effective July 30, 2012, unless an adverse comment,
or notice of intent to submit an adverse comment, is either submitted
to our online docket via http://www.regulations.gov on or before July
2, 2012 or reaches the Docket Management Facility by that date. If an
adverse comment, or notice of intent to submit an adverse comment, is
received by July 2, 2012, we will withdraw this direct final rule and
publish a timely notice of withdrawal in the Federal Register.
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 9:00 a.m.
and 5:00 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 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:
[[Page 25588]]
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-2011-0231), 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 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 email 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,
type the docket number (USCG-2011-0231) in the ``Search'' box and click
``Search.'' Then click on ``Submit a Comment'' on the line associated
with this rulemaking.
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 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,
type the docket number (USCG-2011-0231) in the ``Search'' box and click
``Search.'' Then click ``Open Docket Folder'' on the line associated
with this rulemaking. 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 9:00 a.m. and 5:00 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 a public meeting 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.
Regulatory Information
We are publishing this direct final rule under 33 CFR 1.05-55
because we do not expect an adverse comment. If no adverse comment or
notice of intent to submit an adverse comment is received by July 2,
2012, this rule will become effective as stated in the DATES section.
In that case, approximately 30 days before the effective date, we will
publish a document in the Federal Register stating that no adverse
comment was received and confirming that this rule will become
effective as scheduled. However, if we receive an adverse comment or
notice of intent to submit an adverse comment, we will publish a
document in the Federal Register announcing the withdrawal of all or
part of this direct final rule. If an adverse comment applies only to
part of this rule (e.g., to an amendment, a paragraph, or a section)
and it is possible to remove that part without defeating the purpose of
this rule, we may adopt, as final, those parts of this rule on which no
adverse comment was received. We will withdraw the part of this rule
that was the subject of an adverse comment. If we decide to proceed
with a rulemaking following receipt of an adverse comment, we will
publish a separate notice of proposed rulemaking (NPRM) and provide a
new opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
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.
Discussion of Rule
On January 6, 2012, we established three special anchorage areas in
Wells Harbor, Wells, Maine through a published final rule (76 FR
76295). This action was necessary to facilitate safe navigation in that
area and provide safe and secure anchorages for vessels not more than
20 meters in length. The Coast Guard received no comments on this
published final rule during the rulemaking process for it.
The Marine Chart Division of the National Oceanographic and
Atmospheric Administration (NOAA) advised the Coast Guard that the
coordinates in the final rule for the three special anchorage areas
were out of sequence. When plotted individually and then connected, the
coordinates are correct. However, in this case, the Coast Guard
directed the mariner to plot the coordinates in a clockwise direction.
When the mariner plots the anchorage as directed, the lines will cross
and an hour-glass shaped anchorage area is formed instead of a more
typical box shaped anchorage area. This is caused because the last two
positions in each anchorage area are out of sequence. As a result, the
mariner may become confused about what is the proper anchorage area.
This rule is intended to put the coordinates for the three special
anchorage areas in the proper clockwise sequence and to form a box
shaped anchorage area.
All coordinates are North American Datum 1983 (NAD 83).
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking.
[[Page 25589]]
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. This determination is based in part upon the fact
that Coast Guard received no comments on the published final rule that
established the anchorage in this area with the out of sequence
coordinates. The Coast Guard expects 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 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
would not have a significant economic impact on a substantial number of
small entities. This 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 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).
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 can 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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This 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 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.
[[Page 25590]]
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)(a) of the Instruction because it involves an editorial
procedure for these 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(g); Department of Homeland Security Delegation No.
0170.1.
0
2. Revise 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]19'3.7'' N, longitude 070[deg]33'42.6'' W; thence to
latitude 43[deg]19'2.6'' N, longitude 70[deg]33'45.7'' W; 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]19'8.3'' 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
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]19'13.8'' N, longitude 070[deg]33'25.5'' W; thence
to latitude 43[deg]19'13.0'' N, longitude 070[deg]33'26.2'' W; thence
to the point of beginning. This area is approximately 8,200 sq. yards,
encompassing the eastern portion of Wells Harbor.
* * * * *
Dated: April 19, 2012.
James B. McPherson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2012-10429 Filed 4-30-12; 8:45 am]
BILLING CODE 9110-04-P