[Federal Register Volume 86, Number 66 (Thursday, April 8, 2021)]
[Proposed Rules]
[Pages 18224-18227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06487]



[[Page 18224]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0952]
RIN 1625-AA01


Anchorage Regulations; Special Anchorages Areas Within the First 
Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the notes for its First 
Coast Guard District special anchorage area regulations and to remove 
language from the text of four of these regulations because those 
provisions are inconsistent with simply designating the location of a 
special anchorage area. These existing notes and regulatory text 
provisions, which contain obsolete and duplicative language, would be 
replaced with a note in a new section we are adding that would apply to 
all special anchorage area regulations in the First Coast Guard 
District. The note would advise interested persons that state and local 
regulations may apply and that they should contact other authorities, 
such as the local harbormaster, to ensure compliance with any such 
applicable regulations. These changes are primarily editorial in nature 
and are intended to clarify and update First Coast Guard District 
special anchorage area regulations. This proposed rule would not 
create, remove, or change any previously established special anchorage 
areas in the First Coast Guard District.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 7, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0952 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 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
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
SAA Special Anchorage Area
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The First Coast Guard District has received a request to remove the 
note in 33 CFR 110.32--Hingham Harbor, Hingham, Massachusetts. This 
regulation with its note was added to 33 CFR part 110 soon after the 
Coast Guard was given authority for Federal anchorage regulations more 
than 50 years ago.
    In 1967, as part of the creation of the Department of 
Transportation and the government restructuring that followed, 
authority for federal anchorage regulations was transferred from the 
U.S. Army Corps of Engineers to the Coast Guard as reflected in a rule 
published December 12, 1967 (32 FR 17726). We have made a copy of this 
rule available in the docket along with other rulemaking documents we 
reference that were published before 1995. At the time of transfer, the 
Coast Guard adopted the special anchorage area (SAA) regulations that 
were previously in effect. The regulations for SAAs located in the 
First Coast Guard District were moved from 33 CFR part 202 to 33 CFR 
110.2 through 110.60. During the transfer of the SAA regulations from 
the U.S. Army Corps of Engineers to the Coast Guard we did not focus on 
the notes to these regulations. Over the ensuing 50 years, the SAAs 
within the First Coast Guard District, 33 CFR 110.2 through 110.60, 
have been amended numerous times as SAAs were added, amended, or 
removed.
    In a rule published August 3, 1968 (33 FR 11079), the Coast Guard 
added Sec.  110.32 to 33 CFR part 110 which created five separate SAAs 
in Hingham Harbor, MA. That regulation was issued in response to a 
request from the Chairman of the Board of Selectmen of Hingham, MA. The 
note in that regulation said that:
     These areas will be principally used by yachts and other 
recreational craft.
     Temporary floats or buoys for marking anchors will be 
allowed in the areas but fixed piles or stakes may not be placed.
     The anchoring of vessels and the placing of moorings in 
these areas will be under the jurisdiction of the local Harbor Master.
    In a 1988 notice of proposed rulemaking (NPRM)(53 FR 7949, 7950, 
Mar. 11, 1988), among other proposed changes, the Coast Guard proposed 
to remove notes from SAA regulations including the note for 33 CFR 
110.32--Hingham Harbor, Hingham, Massachusetts. Later in 1988, the 
Coast Guard published a supplemental NPRM (53 FR 48935, Dec. 5, 1988) 
to both expand its suggested revisions and address comments on the 
NPRM. Then in 1995, citing both the lapse of time since proposals in 
1988 and the lack of resources to complete the rulemaking, the Coast 
Guard terminated that rulemaking (60 FR 2364, Jan. 9, 1995).
    In response to the 2019 request to remove the note for Sec.  
110.32, we decided to adopt the sound reasoning given in 1988 to remove 
both that note and notes for all other regulations for SAAs in the 
First Coast Guard District. In the 1988 supplemental NPRM (53 FR 48935, 
Dec. 5, 1988), we stated that the Coast Guard does not regulate vessel 
activities within SAAs as it does in anchorage grounds, and that the 
only effect of designating a SAA under the authority of 33 U.S.C. 2071 
is that vessels under 20 meters in length (65 feet) anchored in these 
areas do not have to exhibit the lights and shapes or sound signals 
required by Rules 30 and 35 of the Inland Rules.\1\ We also noted in 
the supplemental NPRM (53 FR 48935, Dec. 5, 1988) that other vessel 
activity within these SAAs may be regulated by local authorities as 
long as the local regulations do not conflict with Federal regulations 
which may be promulgated under other statutory authority. Earlier that 
year, in the NPRM (53 FR 7949, 7950, Mar. 11, 1988), we noted that 
inclusion of references to state or local ordinances in part 110 is not 
desirable because it makes it appear as though the Coast Guard has 
incorporated these ordinances into the Federal regulations.
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    \1\ Currently these two rules may be found in 33 CFR 83.30 and 
83.35.
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    This proposed rule is being issued under authority in 33 U.S.C. 
2071. That authority has been delegated to the Coast Guard by 
Department of Homeland Security Delegation No. 0170.1, and to District 
Commanders by 33 CFR 1.05-1(e).

III. Discussion of Proposed Rule

    This proposed rule would remove existing notes in regulations for 
SAAs in the First Coast Guard District and remove the regulatory 
provisions in Sec.  110.25, Sec.  110.29, Sec.  110.50d, and Sec.  
110.60 that do not designate the location of SAAs. Additionally, we 
would add Sec.  110.3, entitled, ``First Coast Guard District Special 
Anchorage Areas.'' Its text would identify SAA

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regulations for the First Coast Guard District (Sec.  110.4 through 
Sec.  110.60) and its note would advise those planning to use a SAA in 
the First District that state ordinances, local ordinances, or both, 
may apply to those anchoring there and that the local harbormaster is 
often the best source of information about any such ordinances. These 
ordinances may involve, for example, compliance with direction from the 
local harbormaster when placing or using moorings within the anchorage.
    These changes are primarily editorial in nature and are intended to 
clarify and update the notes in this part. This rule does not create, 
remove, or change any SAA. Vessels less than 65 feet in length, when at 
anchor in these SAAs, are not required to sound signals or display 
anchorage lights or shapes when at anchor.
    This proposed rule would remove notes from the following sections 
in 33 CFR part 110 that designate SAAs in the First Coast Guard 
District:

    Sec.  110.4, Penobscot Bay, Maine.
    Sec.  110.5, Casco Bay, Maine.
    Sec.  110.6, Portland Harbor, Portland, Maine (between Little 
Diamond Island and Great Diamond Island).
    Sec.  110.8, Lake Champlain, New York and Vermont.
    Sec.  110.26, Marblehead Harbor, Marblehead, Massachusetts.
    Sec.  110.29, Boston Inner Harbor, Massachusetts.
    Sec.  110.30, Boston Harbor, Massachusetts.
    Sec.  110.31, Hull Bay and Allerton Harbor at Hull, 
Massachusetts.
    Sec.  110.32, Hingham Harbor, Hingham, Massachusetts.
    Sec.  110.37, Sesuit Harbor, Dennis, Massachusetts.
    Sec.  110.38, Edgartown Harbor, Massachusetts.
    Sec.  110.45a, Mattapoisett Harbor, Mattapoisett, Massachusetts.
    Sec.  110.50, Stonington Harbor, Connecticut.
    Sec.  110.50a, Fishers Island Sound, Stonington, Connecticut.
    Sec.  110.50b, Mystic Harbor, Groton and Stonington, 
Connecticut.
    Sec.  110.50c, Mumford Cove, Groton, Connecticut.
    Sec.  110.51, Groton, Connecticut.
    Sec.  110.52, Thames River, New London, Connecticut.
    Sec.  110.53, Niantic, Connecticut.
    Sec.  110.55, Connecticut River, Connecticut.
    Sec.  110.55a, Five Mile River, Norwalk and Darien, Connecticut.
    Sec.  110.55b, Connecticut River, Old Saybrook, Connecticut.
    Sec.  110.56, Noroton Harbor, Darien, Connecticut.
    Sec.  110.58, Cos Cob Harbor, Greenwich, Connecticut.
    Sec.  110.59, Eastern Long Island, New York.
    Sec.  110.60, Captain of the Port, New York.

    For a specific listing of the notes being removed, please review 
the proposed regulatory text at the end of this NPRM.
    Additionally, this proposed rule would remove regulatory text from 
four CFR sections because that text is inconsistent with simply 
designating the location of a SAA. In Sec.  110.25, Salem Sound, 
Massachusetts, we propose to remove the last two sentences of paragraph 
(c). In Sec.  110.29, Boston Inner Harbor, Massachusetts, we propose to 
remove paragraph (d)(2). In Sec.  110.50d, Mystic Harbor, Noank, 
Connecticut, we propose to remove paragraph (b). Finally, in Sec.  
110.60, Captain of the Port, New York; we would remove paragraphs 
(c)(13)(i), (d)(7)(i), and (d)(9)(i).

IV. Regulatory Analyses

    We developed this proposed 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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.
    These changes are primarily editorial in nature and are intended to 
clarify and update notes for First Coast Guard District SAA regulations 
and to remove regulatory text in four CFR sections that is not needed 
to designate the location of SAAs. This proposed rule would not create, 
remove, or change any previously established SAAs in the First Coast 
Guard District.

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. We reach this conclusion based on 
the reasons stated in section IV.A above.
    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 call or email 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.

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 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 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 call or email the person

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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 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 Directive 023-01 and Environmental Planning COMDTINST 5090.1 
(series), 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 would remove 
existing notes in regulations for SAAs in the First Coast Guard 
District and remove regulatory text in four CFR sections that is not 
needed to designate the location of SAAs. These existing notes and 
provisions in regulatory text, would be replaced with a note in a newly 
added section that would apply to all SAA regulations in the First 
Coast Guard District. The note would advise those planning to use a SAA 
in the First Coast Guard District that state ordinances, local 
ordinances, or both, may apply to those anchoring there and that the 
local harbormaster is often the best source of information about any 
such ordinances. Normally such actions are categorically excluded from 
further review under paragraph A3 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration supporting this determination 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.

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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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.

List of Subjects in 33 CFR Part 110

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

    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, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  110.3 to read as follows:


Sec.  110.3   First Coast Guard District Special Anchorage Areas.

    Regulations designating special anchorage areas in the First Coast 
Guard District appear in Sec.  110.4 through Sec.  110.60.

    Note to Sec.  110.3:  Those planning to use these special 
anchorage areas are advised that state ordinances, local ordinances, 
or both, may apply. The local harbormaster is often the best source 
of information about any such ordinances.

Sec.  110.4   [Amended]

0
3. In Sec.  110.4, remove the notes to paragraph (a), (b), (c) and (d)


Sec.  110.5   [Amended]

0
4. In Sec.  110.5, remove the notes following paragraphs (a-1), (d), 
(e) and (f).


Sec.  110.6   [Amended]

0
5. In Sec.  110.6, remove the note for the section.


Sec.  110.8  [Amended]

0
6. In Sec.  110.8, remove the notes following paragraphs (c-2) and (i).


Sec.  110.25   [Amended]

0
7. In Sec.  110.25, remove the last two sentences in paragraph (c).


Sec.  110.26   [Amended]

0
8. In Sec.  110.26, remove the note for the section.


Sec.  110.29   [Amended]

0
9. In Sec.  110.29, redesignate paragraph (d)(1) as paragraph (d), 
remove paragraph (d)(2), and remove the note to paragraph (d).


Sec.  110.30   [Amended]

0
10. In Sec.  110.30, remove the notes to paragraphs (b), (h), (k) 
through (q).


Sec.  110.31   [Amended]

0
11. In Sec.  110.31, remove the note for the section.


Sec.  110.32   [Amended]

0
12. In Sec.  110.32, remove the note for the section.


Sec.  110.37   [Amended]

0
13. In Sec.  110.37, remove the note for the section.


Sec.  110.38   [Amended]

0
14. In Sec.  110.38, remove the note for the section.


Sec.  110.45a   [Amended]

0
15. In Sec.  110.45a, remove the note for the section.


Sec.  110.50   [Amended]

0
16. In Sec.  110.50, remove the note for the section.


Sec.  110.50a   [Amended]

0
17. In Sec.  110.50a, remove the note for the section.


Sec.  110.50b   [Amended]

0
18. In Sec.  110.50b, remove the note for the section.


Sec.  110.50c   [Amended]

0
19. In Sec.  110.50c, remove the note for the section.

[[Page 18227]]

Sec.  110.50d   [Amended]

0
20. In Sec.  110.50d, redesignate paragraph (a) as an undesignated 
paragraph and remove paragraph (b).


Sec.  110.51   [Amended]

0
21. In Sec.  110.51, remove the note for the section.


Sec.  110.52   [Amended]

0
22. In Sec.  110.52, remove the note for the section.


Sec.  110.53   [Amended]

0
23. In Sec.  110.53, remove the note for the section.


Sec.  110.55   [Amended]

0
24. In Sec.  110.55, remove the notes following paragraph (b), (c), 
(e), (e-1), (e-2) and (g).


Sec.  110.55a   [Amended]

0
25. In Sec.  110.55a, remove the note for the section.


Sec.  110.55b   [Amended]

0
26. In Sec.  110.55b, remove the note for the section.


Sec.  110.56   [Amended]

0
27. In Sec.  110.56, remove the note for the section.


Sec.  110.58   [Amended]

0
28. In Sec.  110.58, remove the note for the section.


Sec.  110.59   [Amended]

0
29. In Sec.  110.59, remove the note following paragraph (g).


Sec.  110.60   [Amended]

0
30. In Sec.  110.60, remove the notes to paragraphs (a)(2) and (13); 
(b)(5) and (6); (c)(3); (5) and (6); (d)(2), and (5), and remove 
paragraphs (c)(13)(i) and (ii), (d)(7)(i) and (ii), and (d)(9)(i) and 
(ii).

    Dated: March 22, 2021.
T.G. Allan Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2021-06487 Filed 4-7-21; 8:45 am]
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