[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