27948 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

Service, 1111 Constitution Avenue, 

NW., Washington, DC 20224, or sent 

electronically via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–112994– 

06). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, S. 

James Hawes at (202) 622–3860; 

concerning submissions of comments 

and a request for a public hearing, 

contact Funmi Taylor at (202) 622–7180 

(not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

The temporary regulations in the 

Rules and Regulations section of this 

issue of the Federal Register amend the 

Income Tax Regulations (26 CFR part 1) 

relating to section 7874 of the Code. The 

temporary regulations address certain 

issues relating to the treatment of a 

foreign corporation as a surrogate 

foreign corporation under section 

7874(a)(2)(B). The text of the temporary 

regulations serves as the text of these 

proposed regulations, and the preamble 

to the temporary regulations explains 

these proposed regulations. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. Chapter 5) does not apply 

to these regulations. These regulations 

do not impose a collection of 

information. Pursuant to the Regulatory 

Flexibility Act (5 U.S.C. chapter 6), it is 

hereby certified that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. The complexity and cost of a 

transaction to which section 7874 may 

apply make it unlikely that a substantial 

number of small entities will engage in 

such a transaction. In addition, any 

economic impact to entities affected by 

section 7874, large or small, is derived 

from the operation of the statute or its 

intended application, not the 

regulations in this notice of proposed 

rulemaking. Pursuant to section 7805(f) 

of the Code, these regulations have been 

submitted to the Chief Counsel for 

Advocacy of the Small Business 

Administration for comment on its 

impact on small business. 

Comments and Request for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS. The IRS 

and the Treasury Department request 

comments on the clarity of the proposed 

rules and how they can be made easier 

to understand. All comments will be 

available for public inspection and 

copying. A public hearing may be 

scheduled if requested by any person 

who timely submits comments. If a 

public hearing is scheduled, notice of 

the date, time and place for the public 

hearing will be published in the Federal 

Register. 

Drafting Information 

The principal author of these 

proposed regulations is S. James Hawes 

of the Office of Associate Chief Counsel 

(International). However, other 

personnel from the IRS and the Treasury 

Department participated in their 

development. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Withdrawal of Notice of Proposed 

Rulemaking 

Accordingly, under the authority of 

26 USC 7805, the notice of proposed 

rulemaking (E6–8698) that was 

published in the Federal Register on 

June 6, 2006 (71 FR 32495) is 

withdrawn. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows: 

PART 1—INCOME TAXES 

Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Section 1.7874–2 is also issued under 26 

U.S.C. 7874(c)(6) and (g). * * * 

Par. 2. Section 1.7874–1 is amended 

by revising paragraphs (e) and (g) to 

read as follows: 

§ 1.7874–1 Disregard of affiliate-owned 

stock. 

* * * * * 

(e) [The text of the proposed 

amendments to § 1.7874–1(e) is the 

same as the text of § 1.7874–1T(e) 

published elsewhere in this issue of the 

Federal Register.] 

* * * * * 

(g) [The text of the proposed 

amendment to § 1.7874–1(g) is the same 

as the text of § 1.7874–1T(g) published 

elsewhere in this issue of the Federal 

Register.] 

Par. 3. Section 1.7874–2 is added to 

read as follows: 

§ 1.7874–2 Surrogate foreign corporation. 

[The text of proposed § 1.7874–2 is 

the same as the text of § 1.7874–2T(a) 

through (o) published elsewhere in this 

issue of the Federal Register.] 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. E9–13769 Filed 6–9–09; 11:15 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–0171] 

RIN 1625–AA01 

Anchorage Regulations; Long Island 

Sound 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish seven anchorage grounds in 

Long Island Sound. These anchorages 

would be located within Connecticut or 

New York State waters. This action is 

necessary to aid in facilitating the safe 

and secure anchorage of vessels, 

particularly deep draft vessels, 

transiting Long Island Sound or 

awaiting entry to a port or facility in 

New York and Connecticut. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 11, 2009. Requests for 

public meetings must be received by the 

Coast Guard on or before July 13, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–0171 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27949 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail LT Doug Miller, 

Prevention Department Sector Long 

Island Sound, Coast Guard, telephone 

203–468–4596, e-mail 

Douglas.J.Miller@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0171), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and mailing address, an e-mail address, 

or a phone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–0171’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–0171’’ in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But, you may submit a request 

for a public meeting on or before July 

13, 2009 using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting 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 Coast Guard proposes to establish 

seven anchorage grounds in Long Island 

Sound in accordance with 33 CFR 

109.05 and 110.1(b). 

The Coast Guard consulted with 

several agencies in the development of 

these proposed anchorage grounds, 

including: The Army Corps of Engineers 

New England District; the Army Corps 

of Engineers New York District; the 

National Oceanic and Atmospheric 

Administration (NOAA); the National 

Marine Fisheries Service (NMFS); the 

Connecticut Department of 

Environmental Protection—Office of 

Long Island Sound Programs; the New 

York Department of State; and the New 

York Department of Conservation. 

Additionally, the licensed marine pilot 

organizations of both Connecticut and 

New York were consulted due to their 

extensive knowledge of the usage and 

need for anchorage grounds in Long 

Island Sound. 

In determining the need for, and 

appropriate location of, the proposed 

anchorage grounds, we considered 

several factors, including: The 

commercial need for anchorage grounds; 

proximity to ports; safety of navigation; 

potential impact on commercial fishing; 

location of dredged material disposal 

sites; maritime security; environmental 

implications; and location of known 

underwater obstructions, cables, 

pipelines, and wrecks. 

The proposed anchorage grounds are 

designated for general purposes, but are 

intended primarily for use by 

commercial vessels of 300 gross tons 

and greater and all tank vessels 

including tank barges. This proposed 

regulation would not restrict anchorage 

in any other area of the Sound. 

Creating official anchorage areas 

through this rulemaking would cause 

more vessels to anchor in these areas, in 

addition to the large number that 

already do so, thereby providing the 

Captain of the Port with increased 

options for vessels needing to anchor 

while awaiting authorization to enter 

port. The designation of anchorage 

grounds would provide for the safety of 

navigation by providing designated 

locations for anchorage of deep draft 

vessels throughout Long Island Sound, 

in close proximity to the major ports of 

Bridgeport, New Haven, and New 

London, Connecticut, and Riverhead, 

Northport, and Port Jefferson, New 

York. Vessels transiting Long Island 

Sound would be on notice that vessels 

may be anchored in the anchorage 

grounds, thus providing for the safety of 

navigation. There are no cable or 

pipeline areas running through any of 

the seven proposed areas. Designation of 

these anchorage grounds would help 

guide the installation of future cables or 

pipelines so that they are located 

outside of the anchorage grounds. 

Keeping these areas free of underwater 

obstructions helps ensure safe 

navigation. 

Recently, the U.S. Environmental 

Protection Agency (EPA) considered the 

designation of one or more open-water 

dredged material disposal sites in the 

western and central regions of Long 

Island Sound, off the coasts of 

Connecticut and New York. An 

Environmental Impact Statement for the 

27950 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

Designation of Dredged Material 

Disposal Sites in Central and Western 

Long Island Sound is available at: 

http://www.epa.gov/region01/eco/ 

lisdreg/index.html. Two of the proposed 

dredged material disposal site areas are 

located off the coasts of Bridgeport and 

New Haven, Connecticut. In order to 

prevent disturbance of contaminated 

sediment, the proposed anchorage 

grounds off of Bridgeport and New 

Haven have been configured so that they 

are at least 1,000 yards, or one-half 

nautical mile, from the proposed 

disposal areas. 

Additionally, the proposed anchorage 

grounds have been examined in relation 

to historic disposal sites. None of the 

proposed anchorages overlaps with a 

historic dredge disposal site. 

The location of several submarine 

cables and pipelines carrying electricity 

and natural gas are de facto limitations 

on anchoring as these are hazards for 

vessels anchoring elsewhere in the 

Sound. Past anchor snags of submarine 

cables have interrupted use of the cable; 

snags also present potential hazards to 

the stability of vessels, as well as to the 

marine environment should the housing 

of the cable contain any 

environmentally harmful materials. 

Establishment of these anchorage 

grounds would provide for protection of 

the environment in that vessels may 

anchor in an area free from cables. This 

would provide protections against 

anchor strikes of submarine cables and 

pipelines. 

We anticipate no negative impact to 

the fishing community, including 

dragging, lobster, and shellfish fishing. 

This proposed rule does not intend to 

exclude fishing activity or the transit of 

vessels in the anchorage grounds. 

Rather, the regulations would only 

require that all vessels maintain a 

distance of 500 yards from an anchored 

vessel that is carrying petroleum or 

other flammable cargo, or that is 

conducting bunkering or lightering 

operations. Such anchored vessels are 

readily identified as, under the 

proposed rule, they must display a red 

flag by day or a red light at night in 

addition to the required navigation 

lights and shapes. This rule would 

require that vessels fishing and/or 

transiting through the anchorages 

maintain that pre-established distance 

from said anchored vessels. We 

anticipate the designation of these 

anchorage grounds may increase the 

number of anchored vessels in the area; 

however such increase will cause only 

minimal interference to transiting 

vessels as the proposed areas have 

historically been utilized for anchoring. 

Additionally, the proposed anchorage 

grounds have been configured so they 

do not overlap with leased shellfish 

beds. 

The NOAA Navigation Manager for 

the Northeast Region has provided 

information regarding the location of 

wrecks within Long Island Sound. No 

historical wrecked vessels are located 

within any of the proposed anchorage 

grounds. 

Discussion of Proposed Rule 

The proposed rule would create seven 

new anchorage grounds named for 

proximity to geographical locations. The 

geographic locations are described 

below: 

(1) Bridgeport Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°05′30′′ N .......... 73°13′30′′ W; thence to 

41°05′00′′ N .......... 73°11′00′′ W; thence to 

41°02′30′′ N .......... 73°12′18′′ W; thence to 

41°04′00′′ N .......... 73°16′30′′ W; returning 

to point of origin. 

(2) New Haven North Anchorage 

Ground. That portion of Long Island 

Sound enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°12′18′′ N .......... 72°52′36′′ W; thence to 

41°12′18′′ N .......... 72°49′36′′ W; thence to 

41°10′12′′ N .......... 72°48′18′′ W; thence to 

41°10′12′′ N .......... 72°52′12′′ W; thence to 

41°11′06′′ N .......... 72°53′06′′ W; returning 

to point of origin. 

(3) New Haven South Anchorage 

Ground. That portion of Long Island 

Sound enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°09′30′′ N .......... 72°47′48′′ W; thence to 

41°08′36′′ N .......... 72°47′24′′ W; thence to 

41°08′36′′ N .......... 72°51′24′′ W; thence to 

41°09′30′′ N .......... 72°51′48′′ W; returning 

to point of origin. 

(4) New London Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°15′36′′ N .......... 072°13′36′′ W; thence to 

41°16′18′′ N .......... 072°10′24′′ W; thence to 

41°15′24′′ N .......... 072°10′06′′ W; thence to 

41°14′42′′ N .......... 072°13′12′′ W; returning 

to point of origin. 

(5) Northport Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

40°58′48′′ N .......... 073°16′30′′ W; thence to 

40°57′42′′ N .......... 073°11′42′′ W; thence to 

40°56′30′′ N .......... 073°13′30′′ W; thence to 

40°57′36′′ N .......... 073°18′12′′ W; returning 

to point of origin. 

(6) Port Jefferson Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°01′48′′ N .......... 073°04′54′′ W; thence to 

41°01′48′′ N .......... 073°00′00′′ W; thence to 

41°00′18′′ N .......... 073°00′00′′ W; thence to 

41°00′18′′ N .......... 073°04′54′′ W; returning 

to point of origin. 

(7) Riverhead Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°03′00′′ N .......... 072°42′00′′ W; thence to 

41°04′00′′ N .......... 072°36′00′′ W; thence to 

41°02′00′′ N .......... 072°35′24′′ W; thence to 

41°01′24′′ N .......... 072°41′24′′ W; returning 

to point of origin. 

All coordinates referenced use datum: 

NAD 83. 

These proposed anchorage grounds 

are designated for general purposes, but 

are primarily intended for commercial 

vessels of 300 gross tons and greater and 

all tank vessels including tank barges. 

Except in cases of emergencies, 

commercial vessels of 300 gross tons 

and greater and all tank vessels, 

including tank barges anchoring in the 

Captain of the Port Long Island Sound 

Zone inside the line of demarcation, 

would anchor in the anchorage grounds 

described above. 

Prior to entering any of the proposed 

anchorage areas, all vessels would be 

required to notify the Coast Guard 

Captain of the Port via VHF–FM 

Channel 16. The Captain of the Port may 

prescribe specific conditions for vessels 

anchoring within the proposed zones 

described in this section, pursuant to 33 

CFR 109.05. 

This proposed rule would require that 

anchors be placed well within the 

anchorage areas, so that no portion of 

the hull or rigging will at any time 

extend outside of the anchorage area. 

All anchored vessels within the 

designated anchorage areas would be 

required to comply with the regulations 

in 33 CFR 164.19 and maintain a 

continuous bridge watch by a licensed 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27951 

deck officer proficient in English, 

monitoring VHF–FM Channel 16. This 

individual would be required to confirm 

that the ship’s crew performs frequent 

checks of the vessel’s position to ensure 

the vessel is not dragging anchor. 

Existing regulations at 33 CFR 

156.118 require that, in anchorages 

where lightering is authorized, the 

Captain of the Port must be notified at 

least four hours in advance of a vessel 

conducting lightering operations. Under 

the proposed rule, any vessel 

conducting lightering or bunkering 

operations would be required to display 

by day a red flag at its mast head or at 

least 10 feet above the upper deck if the 

vessel has no mast, and by night a red 

light in the same position specified for 

the flag. These signals would be in 

addition to day signals, lights, and 

sound signals required to be shown or 

sounded by all vessels when at anchor 

in a general anchorage. 

Within the proposed anchorages, 

fishing and navigation would be 

prohibited within 500 yards of an 

anchored vessel that is carrying 

petroleum or other flammable cargo, or 

that is conducting bunkering or 

lightering operations. Such anchored 

vessels are readily identified as they 

would be required to display a red flag 

by day or a red light at night in addition 

to the required navigation lights and 

shapes. 

This proposed rule would prohibit a 

vessel from occupying an anchorage for 

more than 30 days, unless the vessel 

obtains permission from the Captain of 

the Port. In the event of a request for the 

long-term lay up of a vessel, the Captain 

of the Port may establish special 

conditions with which the vessel must 

comply in order for such a request to be 

approved. 

No vessel in such condition that it is 

likely to sink or otherwise become a 

menace or obstruction to navigation or 

anchorage of other vessels would be 

allowed to occupy an anchorage, except 

in cases where unforeseen 

circumstances create conditions of 

imminent peril to personnel, and then 

only for such period as may be 

authorized by the Captain of the Port. 

The proposed rule specifies that the 

Coast Guard Captain of the Port may 

close the anchorage area and direct 

vessels to depart the anchorage during 

periods of adverse weather or at other 

times as deemed necessary in the 

interest of port safety and security. 

Under the proposed rule, any vessel 

anchored in these areas must be capable 

of getting underway if ordered by the 

Captain of the Port and must do so 

within 2 hours. If a vessel would not be 

able to get underway within 2 hours of 

notification, it would be required to 

request permission from the Captain of 

the Port to remain. No vessel would be 

allowed to anchor in a ‘‘dead ship’’ 

status (propulsion or control 

unavailable for normal operations) 

without prior approval from the Captain 

of the Port. 

Finally, fixed moorings, piles or 

stakes are prohibited. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. 

The proposed rule is not significant 

because there are no fees, permits, or 

special requirements for the maritime 

industry to utilize these anchorage 

areas. The regulation is solely for the 

purpose of advancing the safety of 

maritime commerce. We anticipate no 

negative impact to the fishing 

community, including dragging, lobster, 

and shellfish fishing. This rule would 

not exclude fishing activity or vessel 

transit in the anchorage grounds. It 

would only require that vessels fishing 

and or transiting through the anchorages 

maintain a distance of 500 yards from 

an anchored vessel displaying a red flag 

by day or a red light by night. The Coast 

Guard anticipates the proposed 

anchorage grounds would cause 

minimal transit interference, by way of 

increased vessel anchorage, as these 

areas have historically been utilized for 

anchoring. This regulation would add to 

existing regulations in order to make 

best use of available water. Some of the 

proposed requirements in this 

regulation reflect existing regulatory 

requirements and many of the proposed 

requirements in this regulation are 

already practiced as a matter of prudent 

seamanship. Moreover, all of the 

regulatory changes are proposed in the 

interest of safe navigation and 

protection of the Captain of the Port 

zone. 

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 

may be small entities: Commercial 

vessels wishing to transit or fish in the 

portions of Long Island Sound covered 

by this regulation. This proposed rule 

should have minimal economic impact 

on lobster fishing vessels, small 

commercial vessels, or recreational 

boaters. This conclusion is based upon 

the fact that the only restriction for 

entry or use of the proposed anchorages 

targeting small entities is for all vessels 

to maintain a distance of 500 yards from 

an anchored vessel displaying a red flag 

by day or a red light by night. The 

proposed regulation would only create 

seven new anchorage grounds. These 

areas historically have been, and 

routinely are, used for anchorage by 

both deep draft and smaller vessels. The 

proposed anchorage grounds do not 

interfere with or overlap existing ferry 

routes between Connecticut and Long 

Island, New York. 

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 LT Doug 

Miller at (203) 468–4596 or e-mail 

Douglas.J.Miller@uscg.mil. 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. 

27952 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 

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 governments, 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 effect 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 Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

under the Instruction that this action is 

one of a category of actions which do 

not individually or cumulatively have a 

significant effect on the human 

environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves the establishment of 

anchorages and falls under the 

categorical exclusion for promulgation 

of regulations, specifically Categorical 

Exclusion paragraph 34(f) of the 

Instruction. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Add § 110.146 to read as follows: 

§ 110.146 Long Island Sound. 

(a) Anchorage grounds. 

(1) Bridgeport Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°05′30′′ N .......... 73°13′30′′ W; thence to 

41°05′00′′ N .......... 73°11′00′′ W; thence to 

41°02′30′′ N .......... 73°12′18′′ W; thence to 

41°04′00′′ N .......... 73°16′30′′ W; returning 

to point of origin. 

(2) New Haven North Anchorage 

Ground. That portion of Long Island 

Sound enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°12′18′′ N .......... 72°52′36′′ W; thence to 

41°12′18′′ N .......... 72°49′36′′ W; thence to 

41°10′12′′ N .......... 72°48′18′′ W; thence to 

41°10′12′′ N .......... 72°52′12′′ W; thence to 

41°11′06′′ N .......... 72°53′06′′ W; returning 

to point of origin. 

(3) New Haven South Anchorage 

Ground. That portion of Long Island 

Sound enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°09′30′′ N .......... 72°47′48′′ W; thence to 

41°08′36′′ N .......... 72°47′24′′ W; thence to 

41°08′36′′ N .......... 72°51′24′′ W; thence to 

41°09′30′′ N .......... 72°51′48′′ W; returning 

to point of origin. 

(4) New London Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules 27953 

Latitude Longitude 

41°15′36′′ N .......... 072°13′36′′ W; thence to 

41°16′18′′ N .......... 072°10′24′′ W; thence to 

41°15′24′′ N .......... 072°10′06′′ W; thence to 

41°14′42′′ N .......... 072°13′12′′ W; returning 

to point of origin. 

(5) Northport Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

40°58′48′′ N .......... 073°16′30′′ W; thence to 

40°57′42′′ N .......... 073°11′42′′ W; thence to 

40°56′30′′ N .......... 073°13′30′′ W; thence to 

40°57′36′′ N .......... 073°18′12′′ W; returning 

to point of origin. 

(6) Port Jefferson Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°01′48′′ N .......... 073°04′54′′ W; thence to 

41°01′48′′ N .......... 073°00′00′′ W; thence to 

41°00′18′′ N .......... 073°00′00′′ W; thence to 

41°00′18′′ N .......... 073°04′54′′ W; returning 

to point of origin. 

(7) Riverhead Anchorage Ground. 

That portion of Long Island Sound 

enclosed by a line connecting the 

following points: 

Latitude Longitude 

41°03′00′′ N .......... 072°42′00′′ W; thence to 

41°04′00′′ N .......... 072°36′00′′ W; thence to 

41°02′00′′ N .......... 072°35′24′′ W; thence to 

41°01′24′′ N .......... 072°41′24′′ W; returning 

to point of origin. 

All coordinates referenced use datum: 

NAD 83. 

(b) General regulations. (1) These 

anchorages are designated for general 

purposes, but are intended primarily for 

use by commercial vessels of 300 gross 

tons and greater and all tank vessels 

including tank barges. Except in cases of 

emergencies, commercial vessels of 300 

gross tons and greater and all tank 

vessels, including tank barges anchoring 

in the Captain of the Port Long Island 

Sound Zone inside the line of 

demarcation, shall anchor in the 

anchorage grounds described above. 

(2) Prior to entering the anchorage 

area, all vessels shall notify the Coast 

Guard Captain of the Port via VHF–FM 

Channel 16. 

(3) In anchorages where lightering and 

bunkering operations are authorized, the 

Captain of the Port must be notified at 

least four hours in advance of a vessel 

conducting lightering or bunkering 

operations, as required by § 156.118 of 

this title. In addition, all lightering and 

bunkering operations must be done in 

accordance with § 156.120 of this title. 

(4) Within an anchorage, fishing and 

navigation are prohibited within 500 

yards of an anchored vessel that is 

carrying petroleum or other flammable 

cargo, or that is conducting bunkering or 

lightering operations. Such anchored 

vessels are readily identified as they are 

required to display a red flag by day or 

a red light at night in addition to the 

required navigation lights and shapes. 

(5) Except as otherwise provided, a 

vessel may not occupy an anchorage for 

more than 30 days, unless the vessel 

obtains permission from the Captain of 

the Port. 

(6) If a request is made for the longterm lay up of a vessel, the Captain of 

the Port may establish special 

conditions with which the vessel must 

comply in order for such a request to be 

approved. 

(7) The Captain of the Port may 

prescribe specific conditions for vessels 

anchoring within the zones described in 

this section, pursuant to 33 CFR 109.05. 

These conditions may include, but are 

not limited to: The number and location 

of anchors; scope of chain; readiness of 

the engineering plant and equipment; 

use of tugs; and requirements for 

maintaining communication guards on 

selected radio frequencies. 

(8) No vessel in such condition that it 

is likely to sink or otherwise become a 

menace or obstruction to navigation or 

anchorage of other vessels shall occupy 

an anchorage, except in cases where 

unforeseen circumstances create 

conditions of imminent peril to 

personnel, and then only for such 

period as may be authorized by the 

Captain of the Port. 

(9) All vessels anchored within the 

designated anchorage areas shall 

comply with the regulations found in 33 

CFR 164.19 and shall maintain a 

continuous bridge watch by a licensed 

deck officer proficient in English, 

monitoring VHF–FM Channel 16. This 

individual shall confirm that the ship’s 

crew performs frequent checks of the 

vessel’s position to ensure the vessel is 

not dragging anchor. 

(10) Anchors shall be placed well 

within the anchorage areas so that no 

portion of the hull or rigging will at any 

time extend outside of the anchorage 

area. 

(11) The Coast Guard Captain of the 

Port may close the anchorage area and 

direct vessels to depart the anchorage 

during periods of adverse weather or at 

other times as deemed necessary in the 

interest of port safety and security. 

(12) Any vessel anchored in these 

areas must be capable of getting 

underway if ordered by the Captain of 

the Port and must do so within 2 hours, 

if a vessel will not be able to get 

underway within 2 hours of 

notification, permission must be 

requested by the Captain of the Port to 

remain in the anchorage. No vessel shall 

anchor in a ‘‘dead ship’’ status 

(propulsion or control unavailable for 

normal operations) without prior 

approval of the Captain of the Port. 

(13) Fixed moorings, piles or stakes 

are prohibited. 

(14) Any vessel conducting lightering 

or bunkering operations shall display by 

day a red flag (Bravo flag) at its mast 

head or at least 10 feet above the upper 

deck if the vessel has no mast, and by 

night a red light in the same position 

specified for the flag. These signals shall 

be in addition to day signals, lights and 

whistle signals required to be shown or 

sounded by all vessels when at anchor 

in a general anchorage. 

Dated: 27 May 2009. 

Dale G. Gabel, 

Rear Admiral, U.S. Coast Guard Commander, 

First Coast Guard District. 

[FR Doc. E9–13884 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0359] 

RIN 1625–AA00 

Safety Zone; Sabine River, Orange, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on 

September 19 and 20, 2009 for a portion 

of the Sabine River, shoreline to 

shoreline, adjacent to the Naval Reserve 

Center and the Orange public boat 

ramps located in Orange, TX. The 

northern boundary is from the end of 

Navy Pier One at 30°05′45′′ N 93°43′24′′ 

W then easterly to the river’s eastern 

shore. The southern boundary is a line 

shoreline to shoreline at latitude 

30°05′33′′ N. This safety zone is needed 

to protect spectators and vessels from 

potential safety hazards associated with 

a high speed boat race. With the 

exception of participating vessels and 

patrol craft, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Port Arthur, or a designated 

representative.