[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Proposed Rules]
[Pages 46004-46007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21231]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / 
Proposed Rules

[[Page 46004]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110

[Docket Number USCG-2016-0989]
RIN 1625-AA01


Special Anchorage Areas; Passagassawakeag River, Belfast Bay, 
Belfast, Maine

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two special anchorage 
areas in the Passagassawakeag River in the vicinity of Belfast, Maine. 
This proposed action is necessary to facilitate safe navigation in that 
area and provide safe and secure anchorages for vessels less than 20 
meters in length. This action is intended to increase the safety of 
life and property in the Passagassawakeag River in the vicinity of 
Belfast, improve the safety of anchored vessels, and provide for the 
overall safe and efficient flow of vessel traffic and commerce. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 4, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0989 in the Federal eRulemaking Portal http://www.regulations.gov. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact Mr. Craig Lapiejko, Waterways Management 
at Coast Guard First District, telephone (617) 223-8351, email 
<a href="/cdn-cgi/l/email-protection#c1a2b3a0a8a6efa5efada0b1a8a4abaaae81b4b2a2a6efaca8ad"><span class="__cf_email__" data-cfemail="8eedfcefe7e9a0eaa0e2effee7ebe4e5e1cefbfdede9a0e3e7e2">[email protected]</span></a> or Chief Marine Science Technician Chris 
Bains, Waterways Management Division at Coast Guard Sector Northern New 
England, telephone (207) 347-5003, email <a href="/cdn-cgi/l/email-protection#5033382239237e347e3231393e2310252333377e3d393c"><span class="__cf_email__" data-cfemail="33505b415a401d571d51525a5d4073464050541d5e5a5f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Beginning in the fall of 2008, the Town of Belfast, Maine (ME) 
Harbor Committee began to discuss the possibility of designating a 
special anchorage area in the waters off Belfast in the 
Passagassawakeag River due to the rise of commercial and recreational 
vessel traffic. Over the next several years the Belfast harbormaster 
had several discussions with the First Coast Guard District, Waterways 
Management Division, to understand the processes involved with creating 
a special anchorage area. In March 2016, the harbormaster submitted a 
draft proposal to the Belfast City Council and subsequently the town 
began talks with Coast Guard Sector Northern New England regarding 
establishment of a special anchorage area in Belfast.
    The proposed special anchorage areas are intended to reduce the 
risk of vessel collisions and to promote safe and efficient travel in 
the navigable channel of the Passagassawakeag River to the mouth of 
Belfast Bay clearly defining the mooring fields historically used by 
the town. All proposed coordinates are North American Datum 1983 (NAD 
83).
    The rule is intended to reduce the risk of vessel collisions by 
creating two special anchorage areas in the Passagassawakeag River in 
the vicinity of the northeastern portion of Belfast, ME. The Coast 
Guard proposes this rulemaking under the authority established in 33 
U.S.C. 471, 1221 through 1236, and 2071.

III. Discussion of Proposed Rule

    The proposed rule would create two special anchorage areas, 
referred to as special anchorage areas A and B in the Passagassawakeag 
River in the vicinity of Belfast, ME. Special anchorage area A is 
approximately 554,800 sq. yards and is on the north side of the river 
located between the mouth of the Goose River and Patterson Pt, 
downstream of the US RT 1 Bridge. Special anchorage area B is 
approximately 693,889 sq. yards and located along the southern shores 
of the river located between the Belfast Town docks to Belfast City 
Park.
    Vessels less than 20 meters in length, when at anchor in these 
special anchorage areas, will not be required to sound signals or 
display anchorage lights or shapes when at anchor. Additionally, 
mariners using these 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.
BILLING CODE 9110-04-P

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[GRAPHIC] [TIFF OMITTED] TP03OC17.001


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BILLING CODE 9110-04-C

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs''' (February 2, 2017).
    We anticipate the economic impact of the proposed rule to not be 
significant. This proposed determination is based on the historic and 
current use of the area as well as the minimal impact this proposed 
rule would have on surface navigation. The potential impact would be 
minimized for the following reasons: 1) normal surface navigation will 
not be affected as these two areas in the Passagassawakeag River in the 
vicinity of the northeastern portion of Belfast has been historically 
used as a mooring field by the Town of Belfast; and 2) this proposed 
rule would simply permit eligible vessels in existing mooring areas to 
not to sound signals or exhibit anchor lights or shapes when at anchor 
there.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
Passagassawakeag River in Belfast, ME may be small entities, for the 
reasons stated above in section IV.A, this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment of special anchorage areas. It appears that this action 
may be categorically excluded from further review under paragraph 34(f) 
of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary Record 
of Environmental Consideration is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the

[[Page 46007]]

person listed in the FOR FURTHER INFORMATION CONTACT section to 
coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places, or 
vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this notice of proposed rulemaking 
as being available in the docket, and all public comments, are in our 
online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 110

    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

0
1. The authority citation for part 110 continues to read as follows:

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

0
2. Amend Sec.  110.4 to by adding paragraph (d) to read as follows:


Sec.  110.4  Penobscott Bay, Maine.

* * * * *
    (d) Passagassawakeag River, Belfast Bay, Belfast, Maine.-- (1) 
Special anchorage area A. All of the waters enclosed by a line 
beginning at latitude 44[deg]25'23'' N., longitude 068[deg]58'55'' W.; 
thence to latitude 44[deg]25'30'' N., longitude 068[deg]58'48'' W.; 
thence to latitude 44[deg]25'33'' N., longitude 068[deg]59'15'' W.; 
thence to latitude 44[deg]25'39'' N., longitude 068[deg]59'17'' W.; 
thence to latitude 44[deg]25'48'' N., longitude 068[deg]59'57'' W.; 
thence to latitude 44[deg]25'46'' N., longitude 069[deg]00'08'' W.; 
thence to the point of beginning.
    (2) Special anchorage area B. All of the waters enclosed by a line 
beginning at latitude 44[deg]25'17'' N., longitude 068[deg]59'00'' W.; 
thence to latitude 44[deg]24'56'' N., longitude 068[deg]59'23'' W.; 
thence to latitude 44[deg]25'20'' N., longitude 068[deg]59'38'' W.; 
thence to latitude 44[deg]25'44'' N., longitude 069[deg]00'09'' W.; 
thence to the point of beginning.

    Note to Sec.  110.4(d): All coordinates referenced use datum: 
NAD 83. All anchoring in the areas is under the supervision of the 
town of Belfast harbormaster or other such authority as may be 
designated by the authorities of the Town of Belfast, Maine. 
Mariners using these special 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.


    Dated: September 7, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-21231 Filed 10-2-17; 8:45 am]
 BILLING CODE 9110-04-P


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