

[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Rules and Regulations]               
[Page 70513-70515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de07-5]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. CGD01-07-011]
RIN 1625-AA01

 
Anchorage Regulations; Edgecomb, ME, Sheepscot River

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby establishes a general anchorage area in 
Edgecomb, Maine on the Sheepscot River. This action is necessary to 
facilitate safe navigation in that area and provide safe and secure 
anchorages. This action is intended to increase the safety of life and 
property in Edgecomb, improve the safety of anchored vessels, and 
provide for the overall safe and efficient flow of vessel traffic and 
commerce.

DATES: This rule is effective January 11, 2008.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-07-011, and are available for inspection or 
copying at Room 628, First Coast Guard District, 408 Atlantic Ave., 
Boston, MA 02110, between 8 a.m. and 3 p.m., Monday th rough Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (dpw), 
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, 
Telephone (617) 223-8355, e-mail: John.J.Mauro@uscg.mil.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 24, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorage Regulations; Edgecomb Maine, Sheepscot 
River'' in the Federal Register (72 FR 29092). We received no comments 
on the proposed rule. No public hearing was requested, and none was 
held.

Background and Purpose

    This rule is intended to reduce the risk of vessel collisions by 
creating a general anchorage area in Edgecomb, Maine adjacent to the 
current town mooring fields. This rule is designed to reserve 
approximately 15 anchorages for transient vessels visiting the area 
from May through October each year. The anchorage would accommodate 
both sail and power vessels with a 3-to-12-foot draft.
    The Coast Guard is designating the general anchorage area in 
accordance with 33 U.S.C. 471. The Coast Guard has defined the 
anchorage area contained herein with the advice and consent of the Army 
Corps of Engineers, Northeast, located at 696 Virginia Rd., Concord, MA 
01742.

Regulatory Evaluation

    This 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 anchorage area does not impede the passage of recreational or 
commercial vessels as it is not located in the primary channel of the 
Sheepscot River, and will therefore have a minimal economic impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this 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 John J. Mauro, at 
the address listed in ADDRESSES above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The

[[Page 70514]]

Ombudsman evaluates these actions annually and rates each agency's 
responsiveness to small business. If you wish to comment on actions by 
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). 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 rule calls 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 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 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 rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded 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, this rule is categorically excluded, under 
figure 2-1, paragraph 34(f), of the Instruction from further 
environmental documentation. Paragraph (34)(f) applies to this rule 
because it establishes an anchorage area. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. Revise the authority citation for part 110 to read as follows:

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


0
2. Add Sec.  110.131 to read as follows:


Sec.  110.131  Sheepscot River in the vicinity of Edgecomb, Maine.

    (a) Anchorage grounds. All of the waters enclosed by a line 
starting from a point located at the southwestern end of Davis Island 
at latitude 43[deg]59.655' N., longitude 69[deg]39.617' W.; thence to 
latitude 43[deg]59.687' N., longitude 69[deg]39.691' W.; thence to 
latitude 43[deg]59.847' N., longitude 69[deg]39.743' W.; thence to 
latitude 43[deg]59.879' N., longitude 69[deg]39.559' W.; thence to 
latitude 43[deg]59.856' N., longitude 69[deg]39.488' W.; thence to 
latitude 43[deg]59.771' N., longitude 69[deg]39.585' W.; thence to the 
point of beginning. DATUM: NAD 83
    (b) Regulations. (1) This anchorage is reserved for vessels of all 
types, with drafts of 3 to 12 feet.
    (2) These anchorage grounds are authorized for use from May through 
October.
    (3) Vessels are limited to a maximum stay of 1 week.
    (4) Fixed moorings, piles or stakes are prohibited.
    (5) Vessels must not anchor so as to obstruct the passage of other 
vessels proceeding to or from other anchorage spaces.
    (6) Anchors must not be placed in the channel and no portion of the 
hull or 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.

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    Dated: November 23, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E7-24007 Filed 12-11-07; 8:45 am]

BILLING CODE 4910-15-P
