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.

Proposed Rules Federal Register

46004 

Vol. 82, No. 190 

Tuesday, October 3, 2017 

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. 

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 craig.d.lapiejko@uscg.mil or Chief 

Marine Science Technician Chris Bains, 

Waterways Management Division at 

Coast Guard Sector Northern New 

England, telephone (207) 347–5003, 

email chris.d.bains@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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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Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules 46005 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALSEP03OC17.001</GPH>

River, Belfast B 

Special ... ::\nchot"age 

Belfast, 1\tlaine 

... ::\ & B ~~--~- ~--~.---------------~ 

Additional illustrations showing the location of these proposed special anchorage areas are 

available in the docket. 
46006 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Proposed Rules 

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 


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

■ 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. 

■ 2. Amend § 110.4 to by adding 

paragraph (d) to read as follows: 

§ 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°25′23′′ N., longitude 068°58′55′′ W.; 

thence to latitude 44°25′30′′ N., 

longitude 068°58′48′′ W.; thence to 

latitude 44°25′33′′ N., longitude 

068°59′15′′ W.; thence to latitude 

44°25′39′′ N., longitude 068°59′17′′ W.; 

thence to latitude 44°25′48′′ N., 

longitude 068°59′57′′ W.; thence to 

latitude 44°25′46′′ N., longitude 

069°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°25′17′′ N., longitude 

068°59′00′′ W.; thence to latitude 

44°24′56′′ N., longitude 068°59′23′′ W.; 

thence to latitude 44°25′20′′ N., 

longitude 068°59′38′′ W.; thence to 

latitude 44°25′44′′ N., longitude 

069°00′09′′ W.; thence to the point of 

beginning. 

Note to § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0146] 

RIN 1625–AA87 

Security Zones; Port Canaveral Harbor, 

Cape Canaveral Air Force Station, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

expand the geographical boundaries of a 

permanent security zone at Port 

Canaveral Harbor. This action is 

necessary to ensure the security of 

vessels, facilities, and the surrounding 

areas within this zone. This rule is 

intended to prohibit persons and vessels 

from entering, transiting through, 

anchoring in, or remaining within the 

security zone unless authorized by the 

Captain of the Port (COTP) Jacksonville 

or a designated representative. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before November 3, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0146 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Allan Storm, Sector Jacksonville, 

Waterways Management Division, U.S. 

Coast Guard; telephone (904) 714–7616, 

email Allan.H.Storm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive Order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background, Purpose, and Legal 

Basis 

On October 3, 1988, the Coast Guard 

published a final rule creating a 

permanent security zone at Port 

Canaveral Harbor, Cape Canaveral, 


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