[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73689-73692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30011]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2012-0806]
RIN 1625-AA01


Anchorage Regulations; Connecticut River, Old Saybrook, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish three special anchorage 
areas in the Connecticut River in the vicinity Old Saybrook, CT. This 
proposed action is necessary to facilitate safe navigation in that area 
and provide safe and secure

[[Page 73690]]

anchorages for vessels less than 20 meters in length. This action is 
intended to increase the safety of life and property in the Connecticut 
River in the vicinity of Old Saybrook, improve the safety of anchored 
vessels, and provide for the overall safe and efficient flow of vessel 
traffic and commerce. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 28, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0806 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact Mr. Craig Lapiejko, Waterways Management 
at Coast Guard First District, telephone 617-223-8351, email 
[email protected] or Chief Ian Fallon, Waterways Management 
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4565, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C.the United States Code

II. Background, Purpose, and Legal Basis

    The proposed special anchorage areas are intended to reduce the 
risk of vessel collisions and to promote safe and efficient travel in 
the navigable channels of the Connecticut River adjacent to Calves 
Island, and also to aid the town of Old Saybrook in enforcing its 
mooring and boating regulations by clearly defining the mooring fields 
currently established by the town. All proposed coordinates are North 
American Datum 1983 (NAD 83).
    The rule is intended to reduce the risk of vessel collisions by 
creating three special anchorage areas in the Connecticut River in the 
vicinity of the eastern portion of Old Saybrook, CT. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 471, 1221 through 
1236, and 2071.

III. Discussion of Proposed Rule

    The proposed rule would create three new special anchorage areas, 
referred to as special anchorage areas A, B, and C in the Connecticut 
River in the vicinity of the Old Saybrook, CT. Special anchorage area A 
is approximately 680,800 sq. yards and would be located between Ferry 
Point and Calves Island, upstream of the I-95/US RT 1 Baldwin Bridge. 
Special anchorage area B would be approximately 51,200 sq. yards and 
located just east of North Cove. Special anchorage area C would be 
approximately 185,400 sq. yards located in North Cove west of the 
navigable channel. Illustrations showing the locations of these 
proposed special anchorage areas are available in the docket.
    Vessels less than 20 meters in length are not required to sound 
signals under Rule 35 of the Inland Navigation Rules (33 CFR 83.35) nor 
exhibit anchor lights or shapes under Rule 30 of the Inland Navigation 
Rules (33 CFR 83.30) when at anchor in a special anchorage area. 
Additionally, mariners using these 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.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and E.O.s related to rulemaking. Below we summarize our analyses based 
on a number of these statutes and E.O.s, and we discuss First Amendment 
rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    We expect minimal additional cost impacts on fishing, or 
recreational boats anchoring because this rule would not affect normal 
surface navigation. Although this proposed rulemaking may have some 
impact on the public, the potential impact would be minimized for the 
following reasons: (1) normal surface navigation will not be affected 
as these three areas in the Connecticut River in the vicinity of the 
eastern portion of Old Saybrook has been historically used as a mooring 
field by the town of Old Saybrook; (2) this proposed rule would simply 
permit eligible vessels in existing mooring areas to not use sound 
signals or exhibit anchor lights or shapes when at anchor there; (3) it 
encourages the use of existing mooring areas; and (4) the number of 
vessels using these special anchorage areas will be limited due to 
depth (less than or equal to 18 feet).

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
Connecticut River in Old Saybrook, CT may be small entities, for the 
reasons stated above in section IV.A, this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

[[Page 73691]]

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment of special anchorage grounds. It is categorically 
excluded from further review under paragraph 34(f) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist is available in the docket where indicated under ADDRESSES. 
We seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this notice of proposed rulemaking 
as being available in the docket, and all public comments, are in our 
online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  110.55b to subpart A to read as follows:


Sec.  110.55b  Connecticut River, Old Saybrook, Connecticut.

    (a) Special anchorage area A. All of the waters enclosed by a line 
beginning at latitude 41[deg]19'54.75'' N, longitude 072[deg]21'08.40'' 
W; thence to latitude 41[deg]19'21.50'' N, longitude 072[deg]20'49.65'' 
W; thence to latitude 41[deg]19'17.80'' N, longitude 072[deg]20'49.25'' 
W; thence to latitude 41[deg]19'17.05'' N, longitude 72[deg]20'59'' W; 
thence to latitude 41[deg]19'25.40'' N, longitude 72[deg]21'00.95'' W; 
thence to latitude 41[deg]19'29.50'' N, longitude 72[deg]21'17.60'' W; 
thence to latitude 41[deg]19'35.40'' N, longitude 72[deg]21'22.90'' W; 
thence to latitude 41[deg]19'52.35'' N, longitude 72[deg]21'26.10'' W; 
thence to the point of beginning.
    (b) Special anchorage area B. All of the waters enclosed by a line 
beginning at latitude 41[deg]17'26'' N, longitude 072[deg]21'04'' W; 
thence to latitude 41[deg]17'24.60'' N, longitude 072[deg]21'16'' W; 
thence to latitude 41[deg]17'20'' N, longitude 072[deg]21'09'' W; 
thence to latitude 41[deg]17'16'' N, longitude 072[deg]21'05'' W; 
thence to latitude 41[deg]17'16'' N, longitude 072[deg]21'03'' W; 
thence to latitude 41[deg]17'21.5'' N, longitude 072[deg]21'04.5'' W; 
thence to the point of beginning.
    (c) Special anchorage area C. All of the waters enclosed by a line 
beginning at latitude 41[deg]17'27'' N, longitude 072[deg]21'35'' W; 
thence to latitude 41[deg]17'24'' N, longitude 072[deg]22'01'' W; 
thence to latitude 41[deg]17'16'' N, longitude 072[deg]22'00'' W; 
thence to latitude 41[deg]17'19'' N, longitude 072[deg]21'33'' W; 
thence to the point of beginning.

    Note to Sec.  110.55b:  All coordinates referenced use datum: 
NAD 83. All anchoring in the areas is under the supervision of the 
town of Old Saybrook Harbor Master or other such authority as may be 
designated by the authorities of the town of Old Saybrook, 
Connecticut. Mariners using these special 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.

[[Page 73692]]

This area is principally for use by 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.


    Dated: November 4, 2015.
K.C. Kiefer,
Captain, U.S. Coast Guard, Acting Commander First Coast Guard District.
[FR Doc. 2015-30011 Filed 11-24-15; 8:45 am]
 BILLING CODE 9110-04-P