[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Rules and Regulations]
[Pages 32269-32271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14428]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2016-0989]
RIN 1625-AA01
Anchorage Regulations; Passagassawakeag River, Belfast, ME
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing two special anchorage areas in
the Passagassawakeag River in the vicinity of Belfast, ME. This
proposed action is necessary to facilitate safe navigation in that area
and provide safe and secure anchorages for vessels less than 65 feet in
length. This action is intended to increase the safety of life and
property in the Passagassawakeag River in the vicinity of Belfast,
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 August 7, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0989 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 about this
proposed rulemaking, contact Mr. Craig Lapiejko, Waterways Management
at First Coast Guard District, telephone (617) 223-8351, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
In March 2016, the harbormaster submitted a draft proposal to the
Belfast City Council and subsequently the town began talks with Coast
Guard Sector Northern New England regarding establishment of a special
anchorage area in Belfast. Subsequently, the Town of Belfast, ME Harbor
Committee and the Belfast harbormaster petitioned Coast Guard Sector
Northern New England to designate a special anchorage area in the
Passagassawakeag River, in the vicinity of Belfast, ME. In response, on
October 3, 2017, the Coast Guard published a NPRM titled ``Special
Anchorage Areas; Passagassawakeag River, Belfast Bay, Belfast, Maine''
(82 FR 46004). There, we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to establishing two
special anchorages in the Passagassawakeag River. During the comment
period that ended December 4, 2017, we received one comment. For the
reasons discussed below, the Coast Guard is making no changes to this
rule from the proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
471, 2071; 46 U.S.C. 70034 (previously 33 U.S.C. 1231). Commander,
First Coast Guard District has determined that this rule will reduce
the risk of vessel collisions by creating two special anchorage areas
in the Passagassawakeag River in the vicinity of the northeastern
portion of Belfast, ME. The purpose of this rule is to increase the
safety of life and property in the Passagassawakeag River in the
vicinity of Belfast, improve the safety of anchored vessels, and
provide for the overall safe and efficient flow of vessel traffic and
commerce.
IV. Discussion of Comments, Changes, and the Rule
This rule establishes two special anchorage areas, referred to as
special anchorage areas A and B, in the Passagassawakeag River in the
vicinity of Belfast, ME. Special anchorage area A is approximately
554,800 sq. yards and is on the north side of the river located between
the mouth of the Goose River and Patterson Pt, downstream of the US RT
1 Bridge. Special anchorage area B is approximately 693,889 sq. yards
and located along the southern shores of the river located between the
Belfast Town docks to Belfast City Park.
Vessels less than 65 feet in length, when at anchor in these
special anchorage areas, will not be required to sound signals or
display anchorage lights or shapes when at anchor. 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.
The Coast Guard received one comment on our NPRM published on
October 3, 2017. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
The one comment was authored by a NOAA cartographer who wanted to
make the Coast Guard aware of charted features within the proposed
special anchorage areas. Specifically, a charted obstruction (Obstn)
feature within special anchorage area A and a charted pier (jetty) in
ruins within special anchorage area B.
The Coast Guard and Belfast harbormaster are aware of the charted
obstructions. The town of Belfast has operated these areas as managed
mooring fields for decades and places the moorings around the charted
obstructions. The regulatory text appears at the end of this document.
In our note to Sec. 110.4(d), we state that all coordinates referenced
use datum NAD 83 and that all anchoring in the areas is under the
supervision of the town of Belfast harbormaster or other such authority
as may be designated by the authorities of the Town of Belfast, Maine.
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.
Additionally during the environmental review process the Coast
Guard received comments from the NOAA Habitat Conservation Division.
The comments, authored by a NOAA Marine Habitat Resource Specialist,
recommended an eelgrass survey be conducted to determine the presence
of eelgrass beds. Additionally, the Marine Habitat Resource Specialist
recommended the moorings be converted to conservation moorings that use
a floating pendant in lieu of chains to prevent damage to eelgrass
beds.
An eelgrass study was conducted by the City of Belfast in October,
2018. The study concluded there was no eelgrass within the proposed
area. The City of Belfast expressed their intention to continuously
monitor the area for potential eelgrass growth.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analysis
based on those 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
[[Page 32271]]
This regulatory action determination is based on the fact that
vessel movement in the area will not be affected. Additionally, those
using the waterway will see no adverse changes to how the waterway
presently operates.
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 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
Passagassawakeag River in Belfast, ME may be small entities, for the
reasons stated above in section V.A above, this rule will 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.
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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guides 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 two special
anchorage areas in the Passagassawakeag River in the vicinity of
northeastern Belfast, ME. It is categorically excluded from further
review under paragraph L59 (a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 110.4 by adding paragraph (d) to read as follows:
Sec. 110.4 Penobscot Bay, Maine.
* * * * *
(d) Passagassawakeag River, Belfast Bay, Belfast, Maine--(1)
Special anchorage area A. All of the waters enclosed by a line
beginning at latitude 44[deg]25'23'' N, longitude 068[deg]58'55'' W;
thence to latitude 44[deg]25'30'' N, longitude 068[deg]58'48'' W;
thence to latitude 44[deg]25'33'' N, longitude 068[deg]59'15'' W;
thence to latitude 44[deg]25'39'' N, longitude 068[deg]59'17'' W;
thence to latitude 44[deg]25'48'' N, longitude 068[deg]59'57'' W;
thence to latitude 44[deg]25'46'' N, longitude 069[deg]00'08'' W;
thence to the point of beginning.
(2) Special anchorage area B. All of the waters enclosed by a line
beginning at latitude 44[deg]25'17'' N, longitude 068[deg]59'00'' W;
thence to latitude 44[deg]24'56'' N, longitude 068[deg]59'23'' W;
thence to latitude 44[deg]25'20'' N, longitude 068[deg]59'38'' W;
thence to latitude 44[deg]25'44'' N, longitude 069[deg]00'09'' W;
thence to the point of beginning.
Note to Sec. 110.4(d): All coordinates referenced use datum:
NAD 83. All anchoring in the areas is under the supervision of the
town of Belfast harbormaster or other such authority as may be
designated by the authorities of the Town of Belfast, Maine.
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.
Dated: June 28, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-14428 Filed 7-5-19; 8:45 am]
BILLING CODE 9110-04-P