[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Proposed Rules]
[Pages 29095-29097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9969]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-07-009]
RIN 1625-AA01


Anchorage Regulations; Yarmouth, Maine, Casco Bay

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 Yarmouth, Maine on Casco Bay. This action is necessary to 
facilitate safe navigation in that area and to provide safe and secure 
anchorages for vessels of not more than 65 feet. This proposal is 
intended to increase the safety for life and property on Casco Bay, 
improve the safety of anchored vessels, create workable boundaries for 
future mooring expansion, and provide for the overall safe and 
efficient flow of recreational vessels and commerce.

DATES: Comments and related material must reach the Coast Guard on or 
before July 23, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpw), First Coast Guard District, 408 Atlantic Ave., Boston, 
Massachusetts 02110, who maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room 628, First Coast Guard District Boston, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (dpw), 
First Coast Guard District, 408 Atlantic Ave., Boston, Massachusetts 
02110, Telephone (617) 223-8355 or e-mail at <a href="/cdn-cgi/l/email-protection#e6ac898e88c8acc8ab87939489a693958581c88b8f8a"><span class="__cf_email__" data-cfemail="286247404606620665495d5a47685d5b4b4f06454144">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-07-
009), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Management Branch at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The proposed rule is the result of collaboration with the Town of 
Yarmouth's Harbor and Waterfront Committee and Yarmouth town council to 
accommodate vessels mooring in the area. The proposed rule would 
establish three separate special anchorage areas organized from the 
current accommodations of approximately 350 moorings. The proposed rule 
is designed to aid the Town of Yarmouth in enforcing its mooring and 
boating regulations by clearly defining the available mooring fields. 
In addition, the proposed rule will provide finite expansion boundaries 
of town mooring fields, ensure that there are transient anchorage areas 
available, and extend the convenience of a special anchorage to local 
vessel owners. The areas under consideration are currently established 
mooring areas.
    In developing this proposed rule, the Coast Guard has consulted 
with the Army Corps of Engineers, Northeast, located at 696 Virginia 
Road., Concord, MA 01742.

Discussion of Proposed Rule

    The proposed rule would create three special anchorage areas 
located in Yarmouth, Maine on Casco Bay: (1) Littlejohn Island/Doyle 
Point Cousins Island Special Anchorage,(2) Madeleine and Sandy Point 
Special Anchorage, and (3) Drinkwater Point and Princes Point Special 
Anchorage.
    The Town of Yarmouth has delineated transient anchorage areas in 
each of the three special anchorage areas. These transient anchorage 
areas are located near or next to town-owned property that has limited 
access to parking and, in some cases, dock tie-up space.
    The special anchorage areas would be limited to vessels no greater 
than 65 feet in length. Vessels not more than 65 feet in length are not 
required to sound signals as required by rule 35 of the Inland 
Navigation Rules (33 U.S.C. 2035) nor exhibit anchor lights or shapes 
required by rule 30 of the Inland Navigation Rules (33 U.S.C 2030) when 
at anchor in a special anchorage area. Mariners utilizing the 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.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This finding is based on the fact that this proposal conforms to 
the changing needs of the Town of Yarmouth, the changing needs of 
recreational, fishing and commercial vessels, and to make the best use 
of the available navigable water. The proposed special anchorage areas 
do not impede the passage of recreational or commercial vessels as they 
are not located in the primary entrance channel to Yarmouth Harbor. The 
proposed special anchorage areas are a consolidation and delineation of 
existing mooring fields. Thus, the special anchorage area will have a 
minimal economic impact. This proposed rule is in the interest of safe 
navigation, protection of the vessels moored at the Town of Yarmouth, 
and protection of the marine environment.

[[Page 29096]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of recreational 
or commercial vessels intending to transit in a portion of the Casco 
Bay in and around the special anchorage areas. However, these special 
anchorage areas would not have a significant economic impact on these 
entities for the following reasons: The proposed special anchorage 
areas are not located near the primary entrance into Yarmouth Harbor. 
The Littlejohn Island/Doyle Point Cousins Island Special Anchorage 
allows for a 100 yard channel between its boundary and buoy N ''18'' on 
the south side of Littlejohn Island. This is more than enough room for 
the types of vessels which operate in the area. The Town of Yarmouth 
will set two red (nun) and two green (can) seasonal buoys between April 
and November to mark an eighty foot fairway from the main channel to 
the Wharf Road Dock to delineate the path taken by the Chebeague Island 
Transportation Company (CTC) ferry. The largest vessel operated by CTC 
is a 65 foot tow vessel and barge. The special anchorage area will not 
impede safe and efficient vessel transit in the area.
    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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Mr. John J. Mauro, Commander 
(dpw), First Coast Guard District, 408 Atlantic Ave., Boston, 
Massachusetts 02110, Telephone (617) 223-8355 or e-mail at 
<a href="/cdn-cgi/l/email-protection#90dafff8febedabeddf1e5e2ffd0e5e3f3f7befdf9fc"><span class="__cf_email__" data-cfemail="b8f2d7d0d696f296f5d9cdcad7f8cdcbdbdf96d5d1d4">[email protected]</span></a>.
    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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 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.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast

[[Page 29097]]

Guard in complying with the National Environmental Policy Act of 1969 
(NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(f), of the 
Instruction from further environmental documentation. This rule fits 
the category selected from paragraph (34)(f) as it would establish a 
special anchorage area.
    A preliminary ``Environmental Analysis Check List'' and 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES. Comments on this section will be 
considered before we make the final decision on whether this rule 
should be categorically excluded from further environmental review.

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

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and 
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation 
No. 0170.1.

    2. Amend Sec.  110.5 by adding paragraph (f) to read as follows:


Sec.  110.5  Casco Bay, Maine.

* * * * *
    (f) Yarmouth Harbor and adjacent waters--(1) Littlejohn Island/
Doyle Point Cousins Island Special Anchorage. All of the waters 
enclosed by a line connecting the following points: starting from the 
northernmost point of Littlejohn Island at latitude 43[deg]45'86'' N., 
longitude 70[deg]06'95'' W.; thence to latitude 43[deg]45'78'' N., 
longitude 70[deg]06'89'' W.; thence to latitude 43[deg]45'43'' N., 
longitude 70[deg]07'38'' W.; thence to latitude 43[deg]45'28'' N., 
longitude 70[deg]07'68'' W.; thence to latitude 43[deg]44'95'' N., 
longitude 70[deg]08'45'' W.; thence to latitude 43[deg]44'99'' N., 
longitude 70[deg]08'50'' W. DATUM: NAD 83.
    (2) Madeleine and Sandy Point Special Anchorage. All of the waters 
enclosed by a line connecting the following points: starting from a 
point northeast of Birch Point on Cousins Island at latitude 
43[deg]45'27'' N., longitude 70[deg]09'32'' W.; thence to latitude 
43[deg]45'35'' N., longitude 70[deg]09''50' W.; thence to latitude 
43[deg]45'63'' N., longitude 70[deg]09'18'' W.; thence to latitude 
43[deg]45'95'' N., longitude 70[deg]08'98'' W.; thence to latitude 
43[deg]45'99'' N., longitude 70[deg]08'83'' W. DATUM: NAD 83.
    (3) Drinkwater Point and Princes Point Special Anchorage. All of 
the waters enclosed by a line connecting the following points: starting 
south of Drinkwater Point in Yarmouth, Maine at latitude 43[deg]46'42'' 
N., longitude 70[deg]09'25'' W.; thence to latitude 43[deg]46'35'' N., 
longitude 70[deg]09'16'' W.; thence to latitude 43[deg]46'07'' N., 
longitude 70[deg]09'77'' W.; thence to latitude 43[deg]45'48'' N., 
longitude 70[deg]10'40'' W.; thence to latitude 43[deg]45'65'' N., 
longitude 70[deg]10'40'' W. DATUM: NAD 83.

    Note to Sec.  110.5(f): An ordinance of the Town of Yarmouth, 
Maine requires the approval of the Yarmouth Harbor Master for the 
location and type of moorings placed in these special anchorage 
areas. All anchorings in the areas are under the supervision of the 
Yarmouth Harbor Master or other such authority as may be designated 
by the authorities of the Town of Yarmouth, Maine. All moorings are 
to be so placed that no moored vessel will extend beyond the limit 
of the area.


    Dated: April 9, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E7-9969 Filed 5-23-07; 8:45 am]
BILLING CODE 4910-15-P


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