Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Proposed Rules 29095 

rigging of any anchored vessel shall 

extend outside the limits of the 

anchorage area. 

(7) The anchorage of vessels is under 

the coordination of the local 

Harbormaster. 

Dated: April 9, 2007. 

Timothy S. Sullivan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. E7–9968 Filed 5–23–07; 8:45 am] 

BILLING CODE 4910–15–P 

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. 

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 

John.J.Mauro@uscg.mil. 

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 81⁄2 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. 


rmajette on PROD1PC67 with PROPOSALS
29096 Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Proposed Rules 

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 

John.J.Mauro@uscg.mil. 

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 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Proposed Rules 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 § 110.5 by adding 

paragraph (f) to read as follows: 

§ 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°45′86′′ N., longitude 70°06′95′′ W.; 

thence to latitude 43°45′78′′ N., 

longitude 70°06′89′′ W.; thence to 

latitude 43°45′43′′ N., longitude 

70°07′38′′ W.; thence to latitude 

43°45′28′′ N., longitude 70°07′68′′ W.; 

thence to latitude 43°44′95′′ N., 

longitude 70°08′45′′ W.; thence to 

latitude 43°44′99′′ N., longitude 

70°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°45′27′′ N., 

longitude 70°09′32′′ W.; thence to 

latitude 43°45′35′′ N., longitude 

70°09′′50′ W.; thence to latitude 

43°45′63′′ N., longitude 70°09′18′′ W.; 

thence to latitude 43°45′95′′ N., 

longitude 70°08′98′′ W.; thence to 

latitude 43°45′99′′ N., longitude 

70°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°46′42′′ N., longitude 

70°09′25′′ W.; thence to latitude 

43°46′35′′ N., longitude 70°09′16′′ W.; 

thence to latitude 43°46′07′′ N., 

longitude 70°09′77′′ W.; thence to 

latitude 43°45′48′′ N., longitude 

70°10′40′′ W.; thence to latitude 

43°45′65′′ N., longitude 70°10′40′′ W. 

DATUM: NAD 83. 

Note to § 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 

DEPARTMENT OF EDUCATION 

34 CFR Part 75 

[Docket ID ED–2007–OCFO–0132] 

RIN 1890–AA15 

Direct Grant Programs 

AGENCY: Office of the Chief Financial 

Officer, Department of Education. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Secretary proposes to 

amend the regulations in 34 CFR part 

75, regarding the determination and 

recovery of indirect costs by grantees. 

The proposed amendments would 

address procedural aspects related to 

the establishment of temporary indirect 

cost rates, specify the temporary rate 

that would apply to grants generally, 

and clarify how indirect costs are 

determined for a group of applicants 

that apply for a single training grant. 

DATES: We must receive your comments 

on or before June 25, 2007. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by e-mail. Please 

submit your comments only one time, in 

order to ensure that we do not receive 

duplicate copies. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Department of Education’’ from the 

agency drop-down menu, then click 

‘‘Submit.’’ In the Docket ID column, 

select ED–2007–OCFO–0132 to add or 

view public comments and to view 

supporting and related materials 

available electronically. Information on 

using Regulations.gov, including 

instructions for submitting comments, 

accessing documents, and viewing the 

docket after the close of the comment 

period, is available through the site’s 

‘‘User Tips’’ link. 

• Postal Mail, Commercial Delivery, 

or Hand Delivery. If you mail or deliver 

your comments about these proposed 

regulations, address them to Richard 

Mueller, U.S. Department of Education, 

830 First Street, NE., room 21C7, 

Washington, DC 20202–4450. 

Privacy Note: The Department’s policy for 

comments received from members of the 

public (including those comments submitted 

by mail, commercial delivery, or hand 

delivery) is to make these submissions 

available for public viewing on the Federal 

eRulemaking Portal at http:// 

www.regulations.gov All submissions will be 

posted to the Federal eRulemaking Portal 

without change, including personal 

identifiers and contact information. 

FOR FURTHER INFORMATION CONTACT: 

Richard Mueller. Telephone: (202) 377–

3838 or via Internet: 

Richard.Mueller@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Invitation To Comment 

We invite you to submit comments 

regarding these proposed regulations. 

To ensure that your comments have 

maximum effect in developing the final 

regulations, we urge you to identify 

clearly the specific section or sections of 

the proposed regulations that each of 


rmajette on PROD1PC67 with PROPOSALS