[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16185-16188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04928]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

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


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The First Coast Guard District is removing notes from its 
special anchorage area regulations and removing 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, will be replaced with a note in a new section 
we are adding that will apply to all special anchorage area regulations 
in the First Coast Guard District. The note will 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 
rule will not create, remove, or change any previously established 
special anchorage areas in the First Coast Guard District.

DATES: This rule is effective April 17, 2023

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0952 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

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 Information and Regulatory History

    On July 17, 2019, the First Coast Guard District received a request 
to remove the note in 33 CFR 110.32--Hingham Harbor, Hingham, 
Massachusetts. This regulation, note included, was added to 33 CFR part 
110 soon after the Coast Guard was authorized Federal anchorage 
regulations more than 50 years ago. In response, on April 8, 2021, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Anchorage Regulations; Special Anchorages Areas within the First 
Coast Guard District'' (86 FR 18224). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
the revision of the notes. During the comment period that ended on June 
7, 2021, we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
00170.1. The First Coast Guard District Commander has determined that 
revising the notes for its special anchorage area (SAA) 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
8, 2021.
    The commenter disagreed that the changes were primarily editorial 
in nature and that they were intended to clarify and update the notes. 
The commenter further provided that the town had relied on the notes to 
enforce a prohibition on fixed piles or stakes for the past 50 years. 
The commenter requested that any proposed change to the notes currently 
cited in the CFR for Hingham Harbor SAAs be exempted from those 
changes. As we stated in our April 8, 2021, NPRM, in general, there is 
a misunderstanding of the Coast Guard's authority with regard to 
special anchorage grounds. The Coast Guard does not regulate vessel 
activities within SAAs as it does in anchorage grounds. 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, shapes or sounds signals required by 
Rule 30 and 35 of the Inland Navigation Rules. Other vessels active 
within these SAA may be regulated by local authorities as long as local 
regulations do not conflict with Federal regulations which may be 
promulgated under other statutory authority. The Town of Hingham, 
similar to other State and/or local governments, promulgated ordinances 
and those ordinances were often cited as notes within some SAA 
regulations, but those notes were incorrectly interpreted as federal 
regulations. In a rule published August 3, 1968 (33FR 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.
    The inclusion of these references to ordinances in Part 110 is not 
desirable as it appears that the Coast Guard has adopted similar 
provisions into the federal regulations. As such, the Coast Guard is 
removing the note from the regulation. The Coast Guard interprets the 
note as indicating that the rule itself

[[Page 16186]]

would not forbid the installation of piles or stakes in Hingham Harbor.
    In the regulatory text, we did amend the instruction for Sec.  
110.30, to correct the reference to where the three notes to be removed 
in that section were located. Also, we updated the authority citation 
for Part 110 to reflect that Section 8501 the William M. (Mac) 
Thornberry National Defense Authorization Act, Public Law 116-283, 
transferred Section 7 Rivers and Harbors Appropriations Act of 1915 
authority for anchorage grounds to 46 U.S.C. 70006, and the reference 
to the edition of the Department of Homeland Security delegation.
    This rule will remove existing notes in regulations for SAAs in the 
First Coast Guard District and removes the regulatory provisions in 
Sec. Sec.  110.25, 110.29, 110.50d, and 110.60 that do not designate 
the location of SAAs. Additionally, we are adding Sec.  110.3, 
entitled, ``First Coast Guard District Special Anchorage Areas.'' Its 
text identifies SAA regulations for the First Coast Guard District 
(Sec.  110.4 through Sec.  110.60) and its note advises 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 rule will remove notes from the following sections in 33 CFR 
part 110 that designate SAAs in the First Coast Guard District:

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

    For a specific listing of the notes being removed, please review 
the regulatory text at the end of this rule.
    Additionally, this rule removes 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 are 
removing the last two sentences of paragraph (c). In Sec.  110.29, 
Boston Inner Harbor, Massachusetts, we are removing paragraph (d)(2). 
In Sec.  110.50d, Mystic Harbor, Noank, Connecticut, we are removing 
paragraph (b). Finally, in Sec.  110.60, Captain of the Port, New York; 
we are removing paragraphs (c)(13)(i), (d)(7)(i), and (d)(9)(i).

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.

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. 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).
    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 rule will 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 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. We reach this 
conclusion based on the reasons stated in section IV.A above.
    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 will 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.
    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).

[[Page 16187]]

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.

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, Rev. 1, associated implementing instructions, 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 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 will 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, will be replaced with a note in a newly 
added section that will apply to all SAA regulations in the First Coast 
Guard District. The note will 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. It is categorically excluded from further review under 
paragraph A3 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.

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 is revised to read as follows:

    Authority:  33 U.S.C. 2071; 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision 
No. 01.3.


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. Sec.  110.4 through 110.60.

    Note 1 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 at the end of 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 at the end of the section.


Sec.  110.29  [Amended]

0
9. In Sec.  110.29(d), remove the designation ``(1)'', remove paragraph 
(d)(2), and remove the note to paragraph (d).


Sec.  110.30  [Amended]

0
10. In Sec.  110.30, remove the note to paragraph (h), the note to 
paragraphs (j), (k), and (l) and the note to paragraphs (m), (n), (o), 
(p) and (q).


Sec.  110.31  [Amended]

0
11. In Sec.  110.31, remove the note at the end of the section.


Sec.  110.32  [Amended]

0
12. In Sec.  110.32, remove the note at the end of the section.


Sec.  110.37  [Amended]

0
13. In Sec.  110.37, remove the note at the end of the section.


Sec.  110.38  [Amended]

0
14. In Sec.  110.38, remove the note at the end of the section.


Sec.  110.45a  [Amended]

0
15. In Sec.  110.45a, remove the note at the end of the section.


Sec.  110.50  [Amended]

0
16. In Sec.  110.50, remove the note at the end the section.


Sec.  110.50a  [Amended]

0
17. In Sec.  110.50a, remove the note at the end of the section.


Sec.  110.50b  [Amended]

0
18. In Sec.  110.50b, remove the note at the end of the section.


Sec.  110.50c  [Amended]

0
19. In Sec.  110.50c, remove the note at the end of the section.


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 at the end of the section.


Sec.  110.52  [Amended]

0
22. In Sec.  110.52, remove the note at the end of the section.


Sec.  110.53  [Amended]

0
23. In Sec.  110.53, remove the note at the end of the section.


Sec.  110.55  [Amended]

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


Sec.  110.55a  [Amended]

0
25. In Sec.  110.55a, remove the note at the end of the section.

[[Page 16188]]

Sec.  110.55b  [Amended]

0
26. In Sec.  110.55b, remove the note at the end of the section.


Sec.  110.56  [Amended]

0
27. In Sec.  110.56, remove the note at the end of the section.


Sec.  110.58  [Amended]

0
28. In Sec.  110.58, remove the note at the end of 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 3, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-04928 Filed 3-15-23; 8:45 am]
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