80 FR 73689 - Anchorage Regulations; Connecticut River, Old Saybrook, CT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range		73689-73692
FR Document		2015-30011

The Coast Guard proposes to establish three special anchorage areas in the Connecticut River in the vicinity Old Saybrook, CT. 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 Connecticut River in the vicinity of Old Saybrook, 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.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73689-73692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30011]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2012-0806]
RIN 1625-AA01


Anchorage Regulations; Connecticut River, Old Saybrook, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish three special anchorage 
areas in the Connecticut River in the vicinity Old Saybrook, CT. This 
proposed action is necessary to facilitate safe navigation in that area 
and provide safe and secure

[[Page 73690]]

anchorages for vessels less than 20 meters in length. This action is 
intended to increase the safety of life and property in the Connecticut 
River in the vicinity of Old Saybrook, 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 28, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0806 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, contact Mr. Craig Lapiejko, Waterways Management 
at Coast Guard First District, telephone 617-223-8351, email 
[email protected] or Chief Ian Fallon, Waterways Management 
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4565, email [email protected].

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
Pub. L. Public Law
Sec.  Section
U.S.C.the United States Code

II. Background, Purpose, and Legal Basis

    The proposed special anchorage areas are intended to reduce the 
risk of vessel collisions and to promote safe and efficient travel in 
the navigable channels of the Connecticut River adjacent to Calves 
Island, and also to aid the town of Old Saybrook in enforcing its 
mooring and boating regulations by clearly defining the mooring fields 
currently established 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 three special anchorage areas in the Connecticut River in the 
vicinity of the eastern portion of Old Saybrook, CT. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 471, 1221 through 
1236, and 2071.

III. Discussion of Proposed Rule

    The proposed rule would create three new special anchorage areas, 
referred to as special anchorage areas A, B, and C in the Connecticut 
River in the vicinity of the Old Saybrook, CT. Special anchorage area A 
is approximately 680,800 sq. yards and would be located between Ferry 
Point and Calves Island, upstream of the I-95/US RT 1 Baldwin Bridge. 
Special anchorage area B would be approximately 51,200 sq. yards and 
located just east of North Cove. Special anchorage area C would be 
approximately 185,400 sq. yards located in North Cove west of the 
navigable channel. Illustrations showing the locations of these 
proposed special anchorage areas are available in the docket.
    Vessels less than 20 meters in length are not required to sound 
signals under Rule 35 of the Inland Navigation Rules (33 CFR 83.35) nor 
exhibit anchor lights or shapes under Rule 30 of the Inland Navigation 
Rules (33 CFR 83.30) when at anchor in a special anchorage area. 
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.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and E.O.s related to rulemaking. Below we summarize our analyses based 
on a number of these statutes and E.O.s, and we discuss First Amendment 
rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    We expect minimal additional cost impacts on fishing, or 
recreational boats anchoring because this rule would not affect normal 
surface navigation. Although this proposed rulemaking may have some 
impact on the public, the potential impact would be minimized for the 
following reasons: (1) normal surface navigation will not be affected 
as these three areas in the Connecticut River in the vicinity of the 
eastern portion of Old Saybrook has been historically used as a mooring 
field by the town of Old Saybrook; (2) this proposed rule would simply 
permit eligible vessels in existing mooring areas to not use sound 
signals or exhibit anchor lights or shapes when at anchor there; (3) it 
encourages the use of existing mooring areas; and (4) the number of 
vessels using these special anchorage areas will be limited due to 
depth (less than or equal to 18 feet).

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 
Connecticut River in Old Saybrook, CT 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.

[[Page 73691]]

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 E.O. 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 E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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 grounds. It is categorically 
excluded from further review under paragraph 34(f) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist 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 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).

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. Add Sec.  110.55b to subpart A to read as follows:


Sec.  110.55b  Connecticut River, Old Saybrook, Connecticut.

    (a) Special anchorage area A. All of the waters enclosed by a line 
beginning at latitude 41[deg]19'54.75'' N, longitude 072[deg]21'08.40'' 
W; thence to latitude 41[deg]19'21.50'' N, longitude 072[deg]20'49.65'' 
W; thence to latitude 41[deg]19'17.80'' N, longitude 072[deg]20'49.25'' 
W; thence to latitude 41[deg]19'17.05'' N, longitude 72[deg]20'59'' W; 
thence to latitude 41[deg]19'25.40'' N, longitude 72[deg]21'00.95'' W; 
thence to latitude 41[deg]19'29.50'' N, longitude 72[deg]21'17.60'' W; 
thence to latitude 41[deg]19'35.40'' N, longitude 72[deg]21'22.90'' W; 
thence to latitude 41[deg]19'52.35'' N, longitude 72[deg]21'26.10'' W; 
thence to the point of beginning.
    (b) Special anchorage area B. All of the waters enclosed by a line 
beginning at latitude 41[deg]17'26'' N, longitude 072[deg]21'04'' W; 
thence to latitude 41[deg]17'24.60'' N, longitude 072[deg]21'16'' W; 
thence to latitude 41[deg]17'20'' N, longitude 072[deg]21'09'' W; 
thence to latitude 41[deg]17'16'' N, longitude 072[deg]21'05'' W; 
thence to latitude 41[deg]17'16'' N, longitude 072[deg]21'03'' W; 
thence to latitude 41[deg]17'21.5'' N, longitude 072[deg]21'04.5'' W; 
thence to the point of beginning.
    (c) Special anchorage area C. All of the waters enclosed by a line 
beginning at latitude 41[deg]17'27'' N, longitude 072[deg]21'35'' W; 
thence to latitude 41[deg]17'24'' N, longitude 072[deg]22'01'' W; 
thence to latitude 41[deg]17'16'' N, longitude 072[deg]22'00'' W; 
thence to latitude 41[deg]17'19'' N, longitude 072[deg]21'33'' W; 
thence to the point of beginning.

    Note to Sec.  110.55b:  All coordinates referenced use datum: 
NAD 83. All anchoring in the areas is under the supervision of the 
town of Old Saybrook Harbor Master or other such authority as may be 
designated by the authorities of the town of Old Saybrook, 
Connecticut. 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.

[[Page 73692]]

This area is principally for use by recreational craft. Temporary 
floats or buoys for marking anchors or moorings in place are allowed 
in this area. Fixed mooring piles or stakes are not allowed. All 
moorings or 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.


    Dated: November 4, 2015.
K.C. Kiefer,
Captain, U.S. Coast Guard, Acting Commander First Coast Guard District.
[FR Doc. 2015-30011 Filed 11-24-15; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules 73689

following: Federal Energy Regulatory Environmental Assessment nor an Document Availability
Commission, 888 First Street NE., Environmental Impact Statement is 34. In addition to publishing the full
Washington, DC 20426 [Attention: Ellen required for this Proposal under section text of this document in the Federal
Brown, Office of the Executive Director], 380.4(a)(15) of the Commission’s Register, the Commission provides all
email: DataClearance@ferc.gov, phone: regulations, which provides a interested persons an opportunity to
(202) 502–8663, fax: (202) 273–0873. categorical exemption for approval of view and/or print the contents of this
Comments concerning the collection of actions under sections 205 and 206 of document via the Internet through the
information and the associated burden the FPA relating to the filing of Commission’s Home Page (http://
estimate(s), may also be sent to the schedules containing all rates and www.ferc.gov) and in the Commission’s
Office of Information and Regulatory charges for the transmission or sale of Public Reference Room during normal
Affairs, Office of Management and electric energy subject to the business hours (8:30 a.m. to 5:00 p.m.
Budget, 725 17th Street NW., Commission’s jurisdiction, plus the Eastern time) at 888 First Street NE.,
Washington, DC 20503 [Attention: Desk classification, practices, contracts and Room 2A, Washington, DC 20426.
Officer for the Federal Energy regulations that affect rates, charges, 35. From the Commission’s Home
Regulatory Commission, phone: (202) classifications, and services.60 The Page on the Internet, this information is
395–0710, fax: (202) 395–7285]. Due to revisions proposed in this Proposal
security concerns, comments should be available on eLibrary. The full text of
would update and clarify the this document is available on eLibrary
sent electronically to the following application of the Commission’s
email address: oira_submission@ in PDF and Microsoft Word format for
standard interconnection requirements viewing, printing, and/or downloading.
omb.eop.gov. Comments submitted to to wind generators. Therefore, this
OMB should include FERC–516 and To access this document in eLibrary,
Proposal falls within the categorical type the docket number of this
OMB Control No. 1902–0096. exemptions provided in the document, excluding the last three
Regulatory Flexibility Act Certification Commission’s regulations, and as a digits, in the docket number field.
result neither an environmental impact 36. User assistance is available for
27. The Regulatory Flexibility Act of statement nor an environmental
1980 (RFA) 58 generally requires a eLibrary and the Commission’s Web site
assessment is required. during normal business hours from the
description and analysis of rules that
will have significant economic impact Comment Procedures Commission’s Online Support at (202)
on a substantial number of small 502–6652 (toll free at 1–866–208–3676)
30. The Commission invites interested or email at ferconlinesupport@ferc.gov,
entities. The RFA does not mandate any persons to submit comments on the
particular outcome in a rulemaking. It or the Public Reference Room at (202)
matters and issues proposed in this 502–8371, TTY (202) 502–8659. Email
only requires consideration of Proposal to be adopted, including any
alternatives that are less burdensome to the Public Reference Room at
related matters or alternative proposals public.referenceroom@ferc.gov.
small entities and an agency that commenters may wish to discuss.
explanation of why alternatives were List of Subjects in 18 CFR Part 35
Comments are due January 25, 2016.
rejected.
Comments must refer to Docket No. Electric power rates, Electric utilities,
28. To the extent the RFA applies to
this proceeding, the Commission RM16–1–000, and must include the Non-discriminatory open access
estimates that the total number of public commenter’s name, the organization transmission tariffs.
utility transmission providers that they represent, if applicable, and their
address. By direction of the Commission.
would have to modify their currently Issued: November 19, 2015
effective pro forma LGIA and pro forma 31. The Commission encourages
comments to be filed electronically via Nathaniel J. Davis, Sr.,
SGIA is 132. Of these, the Commission
the eFiling link on the Commission’s Deputy Secretary.
estimates the total number that are small
entities is 11. The Commission Web site at http://www.ferc.gov. The [FR Doc. 2015–29972 Filed 11–24–15; 8:45 am]
estimates the average total cost of these Commission accepts most standard BILLING CODE 6717–01–P
entities will be minimal, requiring on word processing formats. Documents
average 15 hours, or $1,080 in expenses. created electronically using word
The Commission does not consider this processing software should be filed in DEPARTMENT OF HOMELAND
to be a significant economic impact. As native applications or print-to-PDF SECURITY
a result, the Commission certifies that format and not in a scanned format.
the reforms proposed in this Proposal Commenters filing electronically do not Coast Guard
would not have a significant economic need to make a paper filing.
impact on a substantial number of small 32. Commenters that are not able to 33 CFR Part 110
entities. file comments electronically must send [Docket Number USCG–2012–0806]
an original of their comments to:
Environmental Analysis Federal Energy Regulatory Commission, RIN 1625–AA01
29. The Commission is required to Secretary of the Commission, 888 First
prepare an Environmental Assessment Street NE., Washington, DC 20426. Anchorage Regulations; Connecticut
or an Environmental Impact Statement 33. All comments will be placed in River, Old Saybrook, CT
for any action that may have a the Commission’s public files and may AGENCY: Coast Guard, DHS.
srobinson on DSK5SPTVN1PROD with PROPOSALS

significant adverse effect on the human be viewed, printed, or downloaded ACTION: Notice of proposed rulemaking.
environment.59 The Commission remotely as described in the Document
concludes that neither an Availability section below. Commenters SUMMARY: The Coast Guard proposes to
on this Proposal are not required to establish three special anchorage areas
58 5U.S.C. 601–12 (2012). serve copies of their comments on other in the Connecticut River in the vicinity
59 RegulationsImplementing the National commenters. Old Saybrook, CT. This proposed action
Environmental Policy Act of 1969, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., is necessary to facilitate safe navigation
Regulations Preambles 1986–1990 ¶ 30,783 (1987). 60 18 CFR 380.4(a)(15) (2015). in that area and provide safe and secure

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73690 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules

anchorages for vessels less than 20 III. Discussion of Proposed Rule potential impact would be minimized
meters in length. This action is intended The proposed rule would create three for the following reasons: (1) normal
to increase the safety of life and new special anchorage areas, referred to surface navigation will not be affected
property in the Connecticut River in the as special anchorage areas A, B, and C as these three areas in the Connecticut
vicinity of Old Saybrook, improve the in the Connecticut River in the vicinity River in the vicinity of the eastern
safety of anchored vessels, and provide of the Old Saybrook, CT. Special portion of Old Saybrook has been
for the overall safe and efficient flow of anchorage area A is approximately historically used as a mooring field by
vessel traffic and commerce. We invite 680,800 sq. yards and would be located the town of Old Saybrook; (2) this
your comments on this proposed between Ferry Point and Calves Island, proposed rule would simply permit
rulemaking. upstream of the I–95/US RT 1 Baldwin eligible vessels in existing mooring
Bridge. Special anchorage area B would areas to not use sound signals or exhibit
DATES: Comments and related material anchor lights or shapes when at anchor
must be received by the Coast Guard on be approximately 51,200 sq. yards and
located just east of North Cove. Special there; (3) it encourages the use of
or before December 28, 2015. existing mooring areas; and (4) the
anchorage area C would be
ADDRESSES: You may submit comments number of vessels using these special
approximately 185,400 sq. yards located
identified by docket number USCG– anchorage areas will be limited due to
in North Cove west of the navigable
2012–0806 using the Federal depth (less than or equal to 18 feet).
channel. Illustrations showing the
eRulemaking Portal at http://
locations of these proposed special B. Impact on Small Entities
www.regulations.gov. See the ‘‘Public
anchorage areas are available in the
Participation and Request for The Regulatory Flexibility Act of
docket.
Comments’’ portion of the 1980, 5 U.S.C. 601–612, as amended,
Vessels less than 20 meters in length
SUPPLEMENTARY INFORMATION section for requires Federal agencies to consider
are not required to sound signals under
further instructions on submitting the potential impact of regulations on
Rule 35 of the Inland Navigation Rules
comments. small entities during rulemaking. The
(33 CFR 83.35) nor exhibit anchor lights
FOR FURTHER INFORMATION CONTACT: If or shapes under Rule 30 of the Inland term ‘‘small entities’’ comprises small
you have questions about this proposed Navigation Rules (33 CFR 83.30) when businesses, not-for-profit organizations
rulemaking, contact Mr. Craig Lapiejko, at anchor in a special anchorage area. that are independently owned and
Waterways Management at Coast Guard Additionally, mariners using these operated and are not dominant in their
First District, telephone 617–223–8351, anchorage areas are encouraged to fields, and governmental jurisdictions
email craig.d.lapiejko@uscg.mil or Chief contact local and state authorities, such with populations of less than 50,000.
Ian Fallon, Waterways Management as the local harbormaster, to ensure The Coast Guard certifies under 5 U.S.C.
Division at Coast Guard Sector Long compliance with any additional 605(b) that this proposed rule would not
Island Sound, telephone 203–468–4565, applicable state and local laws. Such have a significant economic impact on
email ian.m.fallon@uscg.mil. laws may involve, for example, a substantial number of small entities.
SUPPLEMENTARY INFORMATION:
compliance with direction from the While some owners or operators of
local harbormaster when placing or vessels intending to transit the
I. Table of Abbreviations using moorings within the anchorage. Connecticut River in Old Saybrook, CT
CFR Code of Federal Regulations IV. Regulatory Analyses may be small entities, for the reasons
DHS Department of Homeland Security stated above in section IV.A, this
E.O. Executive order We developed this proposed rule after proposed rule would not have a
FR Federal Register considering numerous statutes and significant economic impact on any
NPRM Notice of proposed rulemaking E.O.s related to rulemaking. Below we vessel owner or operator.
Pub. L. Public Law summarize our analyses based on a
§ Section number of these statutes and E.O.s, and If you think that your business,
U.S.C.the United States Code we discuss First Amendment rights of organization, or governmental
protestors. jurisdiction qualifies as a small entity
II. Background, Purpose, and Legal and that this rule would have a
Basis A. Regulatory Planning and Review significant economic impact on it,
The proposed special anchorage areas E.O.s 12866 and 13563 direct agencies please submit a comment (see
are intended to reduce the risk of vessel to assess the costs and benefits of ADDRESSES) explaining why you think it
collisions and to promote safe and available regulatory alternatives and, if qualifies and how and to what degree
efficient travel in the navigable channels regulation is necessary, to select this rule would economically affect it.
of the Connecticut River adjacent to regulatory approaches that maximize Under section 213(a) of the Small
Calves Island, and also to aid the town net benefits. E.O. 13563 emphasizes the Business Regulatory Enforcement
of Old Saybrook in enforcing its importance of quantifying both costs Fairness Act of 1996 (Pub. L. 104–121),
mooring and boating regulations by and benefits, of reducing costs, of we want to assist small entities in
clearly defining the mooring fields harmonizing rules, and of promoting understanding this proposed rule. If the
currently established by the town. All flexibility. This NPRM has not been rule would affect your small business,
proposed coordinates are North designated a ‘‘significant regulatory organization, or governmental
American Datum 1983 (NAD 83). action,’’ under E.O. 12866. Accordingly, jurisdiction and you have questions
srobinson on DSK5SPTVN1PROD with PROPOSALS

The rule is intended to reduce the risk the NPRM has not been reviewed by the concerning its provisions or options for
of vessel collisions by creating three Office of Management and Budget. compliance, please contact the person
special anchorage areas in the We expect minimal additional cost listed in the FOR FURTHER INFORMATION
Connecticut River in the vicinity of the impacts on fishing, or recreational boats CONTACT section. The Coast Guard will
eastern portion of Old Saybrook, CT. anchoring because this rule would not not retaliate against small entities that
The Coast Guard proposes this affect normal surface navigation. question or complain about this
rulemaking under authority in 33 U.S.C. Although this proposed rulemaking may proposed rule or any policy or action of
471, 1221 through 1236, and 2071. have some impact on the public, the the Coast Guard.

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73692 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules

This area is principally for use by further instructions on submitting anchorages currently in use. The
recreational craft. Temporary floats or buoys comments. USACE New York District was
for marking anchors or moorings in place are consulted on this regulation and had no
allowed in this area. Fixed mooring piles or FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of objections.
stakes are not allowed. All moorings or
anchors shall be placed well within the proposed rulemaking, contact Mr. Craig III. Discussion of Proposed Rule
anchorage areas so that no portion of the hull Lapiejko, Waterways Management at This proposed rule would disestablish
or rigging will at any time extend outside of Coast Guard First District, telephone
the anchorage. five obsolete anchorage grounds in
617–223–8351, email craig.d.lapiejko@ Newark Bay described in 33 CFR
uscg.mil or Mr. Jeff Yunker, Coast Guard 110.155(h)(1) and (h)(3) through (6).
Dated: November 4, 2015.
Sector New York Waterways During our 2012 WAMS review of
K.C. Kiefer,
Management Division, U.S. Coast Newark Bay, we announced in First
Captain, U.S. Coast Guard, Acting Guard; telephone 718–354–4195, email
Commander First Coast Guard District. Coast Guard District Local Notice to
jeff.m.yunker@uscg.mil. Mariners that we were considering
[FR Doc. 2015–30011 Filed 11–24–15; 8:45 am]
SUPPLEMENTARY INFORMATION: disestablishing anchorage ground
BILLING CODE 9110–04–P
I. Table of Acronyms numbers 34, 36, 37, 38, and 39. We
received one comment that these
DHS Department of Homeland Security anchorage grounds should be retained
DEPARTMENT OF HOMELAND FR Federal Register
SECURITY and dredged to a depth of not less than
SAA Special Anchorage Area
USACE United States Army Corps of 12 feet at mean low water so vessels
Coast Guard Engineers could anchor within their boundaries.
USCP United States Coast Pilot These anchorage grounds are not a
33 CFR Part 110 WAMS Waterways Analysis and federal project under the jurisdiction of
Management System the USACE and thus will not be dredged
[Docket Number USCG–2015–0038]
to a depth that is usable by most
II. Background, Purpose, and Legal
RIN 1625–AA01 commercial vessels.
Basis During this 2012 WAMS we also
Anchorage Regulations; Port of New Anchorage grounds were originally sought comment on the proposed
York established by the (USACE) on April 25, disestablishment of the Newark Bay
1907, pursuant to an Act of Congress Southeast and Newark Bay Southwest
AGENCY: Coast Guard, DHS.
approved May 16, 1888. This SAAs described in 33 CFR 110.60(d)(1)
ACTION: Notice of proposed rulemaking. information was published in the 1909 and (2). We received no comments that
SUMMARY: The Coast Guard proposes to (USCP) Atlantic Coast, Part IV, From these SAAs are used or that they should
disestablish 13 anchorage grounds and 1 Point Judith to New York, Fifth Edition. be retained. These proposed revisions
special anchorage area that are now Anchorage regulation duties and powers were advertised to the public in the
obsolete in Newark Bay, the East River, were transferred to the Coast Guard in First Coast Guard District Local Notice
1967 (32 FR 17726, Dec. 12, 1967) to Mariners number 50 in 2011 (dated
Western Long Island Sound, Raritan
The special anchorage areas (SAAs) December 14, 2011) through number 24
Bay, and Lower New York Bay. It also
were originally established by the in 2012 (dated June 13, 2012). During a
proposes to reduce the size of three
USACE and first published in the USCP 2014 site visit to the Robbins Reef Yacht
anchorage grounds in Raritan, Sandy
in 1960. The USCP is a series of nine Club in Bayonne, NJ, the Coast Guard
Hook, and Lower New York Bays. This
nautical books published by the was notified by a club member that the
proposed rulemaking is necessary due
National Oceanic and Atmospheric Newark Bay Southeast SAA is still in
to the increased size and draft of current
Administration (NOAA) that use. Based on those comments we are
commercial vessels operating in the
encompasses a wide variety of no longer considering disestablishing
Captain of the Port New York zone, as
information important to navigators of the Newark Bay Southeast SAA. We are,
the existing anchorages have however, proposing to disestablish the
U.S. waters. The USCP is intended to be
insufficient water depths to Newark Bay Southwest SAA,
used as a supplement to NOAA nautical
accommodate these vessels; the § 110.60(d)(2).
charts. Topics covered include
exposure of these anchorages to winds, This proposed rule would disestablish
anchorage grounds, SAAs, and specific
tides, and currents; and changes in seven obsolete anchorage grounds in
anchoring regulations governing their
recreational vessel usage patterns in Western Long Island Sound and the East
usage.
Newark Bay. This proposed rulemaking The legal basis for this rule is: 33 River described in 33 CFR 110.155(a)(2)
would provide a higher degree of vessel U.S.C. 471, 1221 through 1236, 2071; 33 through (7), and (b)(2). During our 2013
and environmental safety by reducing CFR 1.05–1; and Department of WAMS review of New Rochelle Harbor,
the risk of vessels grounding in shallow Homeland Security Delegation No. Manhasset and Little Neck Bays we
water, and accurately reflect the 0170.1, which collectively authorize the announced in the First Coast Guard
anchorages currently in use. Coast Guard to define anchorage District Local Notice to Mariners that we
DATES: Comments and related material grounds and special anchorage areas. were considering disestablishing
must be received by the Coast Guard on The specific reasons for this anchorage ground numbers 1–A, 1–B, 2,
or before January 25, 2016. rulemaking are to disestablish 13 3, 4, 5, and 7. We received no comments
srobinson on DSK5SPTVN1PROD with PROPOSALS

ADDRESSES: You may submit comments anchorage grounds and 1 SAA that are that these anchorage grounds are being
identified by docket number USCG– now obsolete and reduce the size of used or that they should be retained.
2015–0038 using the following Federal three anchorage grounds that are no These proposed revisions were
eRulemaking Portal at http:// longer used by commercial or advertised to the public in the First
www.regulations.gov. See the ‘‘Public recreational mariners. The intended Coast Guard District Local Notice to
Participation and Request for purpose of this rulemaking is to reduce Mariners number 48 in 2012 (dated
Comments’’ portion of the the risk of vessels grounding in shallow November 28, 2012) through number 25
SUPPLEMENTARY INFORMATION section for water and accurately reflect the in 2013 (dated June 19, 2013).

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Document Created: 2018-03-01 11:15:06
Document Modified: 2018-03-01 11:15:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before December 28, 2015.
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 [email protected] or Chief Ian Fallon, Waterways Management Division at Coast Guard Sector Long Island Sound, telephone 203-468- 4565, email [email protected]
FR Citation		80 FR 73689
RIN Number		1625-AA01

80 FR 73689 - Anchorage Regulations; Connecticut River, Old Saybrook, CT

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 227 (November 25, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard