[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Pages 12822-12823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05561]



[[Page 12822]]

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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: Final rule.

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

DATES: This rule is effective April 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2012-0806 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Craig Lapiejko, Waterways Management at Coast Guard 
First District, telephone 617-223-8351, email [email protected] 
or Chief Petty Officer 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 28, 2012, the Old Saybrook Harbor Management Commission 
sent a request to the Coast Guard to permanently establish new special 
anchorages on the Connecticut River. In response, on November 25, 2015, 
the Coast Guard published a NPRM titled, Anchorage Regulations; 
Connecticut River, Old Saybrook, CT (80 FR 73689). There we stated why 
we issued the NPRM, and invited comments on our proposed regulatory 
action related to these anchorage areas. During the comment period that 
ended December 28, 2015, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
471, 1221 through 1236, 2071; 33 CFR 1.05-1; and Department of Homeland 
Security Delegation No. 0170.1. The purpose of this rule is 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
November 25, 2015. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes 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 is located between Ferry Point and 
Calves Island, upstream of the I-95/US RT 1 Baldwin Bridge. Special 
anchorage area B is approximately 51,200 sq. yards and located just 
east of North Cove. Special anchorage area C is approximately 185,400 
sq. yards located in North Cove west of the navigable channel. 
Illustrations showing the locations of these 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.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive orders 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. Executive order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive order 12866. 
Accordingly, it 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 regulation may have some impact on 
the public, the potential impact will 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 have been historically used as a mooring field 
by the town of Old Saybrook; (2) this rule would simply permit eligible 
vessels, in the existing mooring areas, to not use sound signals or 
exhibit anchor lights or shapes when at anchor; (3) it encourages the 
use of these special anchorage areas; and (4) the number of vessels 
using these special anchorage areas is limited due to water 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this

[[Page 12823]]

rule will 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 V.A, this rule would not have a 
significant economic impact on any vessel owner or operator.
    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 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.
    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.

C. Collection of Information

    This rule will 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 Executive order 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive order 
13132.
    Also, 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. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have determined 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 
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. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are 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 rule.

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, 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. 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: February 26, 2016.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-05561 Filed 3-10-16; 8:45 am]
 BILLING CODE 9110-04-P