82_FR_46194 82 FR 46004 - Special Anchorage Areas; Passagassawakeag River, Belfast Bay, Belfast, Maine

82 FR 46004 - Special Anchorage Areas; Passagassawakeag River, Belfast Bay, Belfast, Maine

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range46004-46007
FR Document2017-21231

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.

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Proposed Rules]
[Pages 46004-46007]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21231]


========================================================================
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.

-----------------------------------------------------------------------

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 
[email protected] or Chief Marine Science Technician Chris 
Bains, Waterways Management Division at Coast Guard Sector Northern New 
England, telephone (207) 347-5003, email [email protected].

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



                                                      46004

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 82, No. 190

                                                                                                                                                                    Tuesday, October 3, 2017



                                                      This section of the FEDERAL REGISTER                    for Comments’’ portion of the                         efficient travel in the navigable channel
                                                      contains notices to the public of the proposed          SUPPLEMENTARY INFORMATION      section for            of the Passagassawakeag River to the
                                                      issuance of rules and regulations. The                  instructions on submitting comments.                  mouth of Belfast Bay clearly defining
                                                      purpose of these notices is to give interested                                                                the mooring fields historically used by
                                                                                                              FOR FURTHER INFORMATION CONTACT: If
                                                      persons an opportunity to participate in the
                                                                                                              you have questions about this proposed                the town. All proposed coordinates are
                                                      rule making prior to the adoption of the final
                                                      rules.                                                  rulemaking, contact Mr. Craig Lapiejko,               North American Datum 1983 (NAD 83).
                                                                                                              Waterways Management at Coast Guard                      The rule is intended to reduce the risk
                                                                                                              First District, telephone (617) 223–8351,             of vessel collisions by creating two
                                                      DEPARTMENT OF HOMELAND                                  email craig.d.lapiejko@uscg.mil or Chief              special anchorage areas in the
                                                      SECURITY                                                Marine Science Technician Chris Bains,                Passagassawakeag River in the vicinity
                                                                                                              Waterways Management Division at                      of the northeastern portion of Belfast,
                                                      Coast Guard                                             Coast Guard Sector Northern New                       ME. The Coast Guard proposes this
                                                                                                              England, telephone (207) 347–5003,                    rulemaking under the authority
                                                      33 CFR Parts 110                                        email chris.d.bains@uscg.mil.                         established in 33 U.S.C. 471, 1221
                                                      [Docket Number USCG–2016–0989]                          SUPPLEMENTARY INFORMATION:                            through 1236, and 2071.
                                                      RIN 1625–AA01                                           I. Table of Abbreviations                             III. Discussion of Proposed Rule
                                                                                                              CFR Code of Federal Regulations
                                                      Special Anchorage Areas;                                DHS Department of Homeland Security                      The proposed rule would create two
                                                      Passagassawakeag River, Belfast Bay,                    FR Federal Register                                   special anchorage areas, referred to as
                                                      Belfast, Maine                                          NPRM Notice of proposed rulemaking                    special anchorage areas A and B in the
                                                                                                              § Section                                             Passagassawakeag River in the vicinity
                                                      AGENCY:   Coast Guard, DHS.                             U.S.C. United States Code                             of Belfast, ME. Special anchorage area A
                                                      ACTION:   Notice of proposed rulemaking.
                                                                                                              II. Background, Purpose, and Legal                    is approximately 554,800 sq. yards and
                                                      SUMMARY:    The Coast Guard proposes to                 Basis                                                 is on the north side of the river located
                                                      establish two special anchorage areas in                                                                      between the mouth of the Goose River
                                                                                                                 Beginning in the fall of 2008, the
                                                      the Passagassawakeag River in the                                                                             and Patterson Pt, downstream of the US
                                                                                                              Town of Belfast, Maine (ME) Harbor
                                                      vicinity of Belfast, Maine. This                                                                              RT 1 Bridge. Special anchorage area B
                                                                                                              Committee began to discuss the
                                                      proposed action is necessary to facilitate                                                                    is approximately 693,889 sq. yards and
                                                                                                              possibility of designating a special
                                                      safe navigation in that area and provide                                                                      located along the southern shores of the
                                                                                                              anchorage area in the waters off Belfast
                                                      safe and secure anchorages for vessels                                                                        river located between the Belfast Town
                                                                                                              in the Passagassawakeag River due to
                                                      less than 20 meters in length. This                                                                           docks to Belfast City Park.
                                                                                                              the rise of commercial and recreational
                                                      action is intended to increase the safety               vessel traffic. Over the next several                    Vessels less than 20 meters in length,
                                                      of life and property in the                             years the Belfast harbormaster had                    when at anchor in these special
                                                      Passagassawakeag River in the vicinity                  several discussions with the First Coast              anchorage areas, will not be required to
                                                      of Belfast, improve the safety of                       Guard District, Waterways Management                  sound signals or display anchorage
                                                      anchored vessels, and provide for the                   Division, to understand the processes                 lights or shapes when at anchor.
                                                      overall safe and efficient flow of vessel               involved with creating a special                      Additionally, mariners using these
                                                      traffic and commerce. We invite your                    anchorage area. In March 2016, the                    anchorage areas are encouraged to
                                                      comments on this proposed rulemaking.                   harbormaster submitted a draft proposal               contact local and state authorities, such
                                                      DATES: Comments and related material                    to the Belfast City Council and                       as the local harbormaster, to ensure
                                                      must be received by the Coast Guard on                  subsequently the town began talks with                compliance with any additional
                                                      or before December 4, 2017.                             Coast Guard Sector Northern New                       applicable state and local laws. Such
                                                      ADDRESSES: You may submit comments                      England regarding establishment of a                  laws may involve, for example,
                                                      identified by docket number USCG–                       special anchorage area in Belfast.                    compliance with direction from the
                                                      2016–0989 in the Federal eRulemaking                       The proposed special anchorage areas               local harbormaster when placing or
                                                      Portal http://www.regulations.gov. See                  are intended to reduce the risk of vessel             using moorings within the anchorage.
                                                      the ‘‘Public Participation and Request                  collisions and to promote safe and                    BILLING CODE 9110–04–P
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    Federal Register/Vol. 82, No. 190 /Tuesday, October 3, 2017 /Proposed Rules                                             46005


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                                         available in the docket.


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

                                                      BILLING CODE 9110–04–C                                  B. Impact on Small Entities                           consistent with the fundamental
                                                      IV. Regulatory Analyses                                    The Regulatory Flexibility Act of                  federalism principles and preemption
                                                                                                              1980, 5 U.S.C. 601–612, as amended,                   requirements described in Executive
                                                        We developed this proposed rule after                                                                       Order 13132.
                                                      considering numerous statutes and                       requires Federal agencies to consider
                                                                                                                                                                       Also, this proposed rule does not have
                                                      Executive orders related to rulemaking.                 the potential impact of regulations on
                                                                                                                                                                    tribal implications under Executive
                                                      Below we summarize our analyses                         small entities during rulemaking. The
                                                                                                                                                                    Order 13175, Consultation and
                                                      based on a number of these statutes and                 term ‘‘small entities’’ comprises small
                                                                                                                                                                    Coordination with Indian Tribal
                                                      Executive Orders.                                       businesses, not-for-profit organizations
                                                                                                                                                                    Governments, because it would not have
                                                                                                              that are independently owned and                      a substantial direct effect on one or
                                                      A. Regulatory Planning and Review                       operated and are not dominant in their                more Indian tribes, on the relationship
                                                         Executive Orders 12866 (Regulatory                   fields, and governmental jurisdictions                between the Federal Government and
                                                      Planning and Review) and 13563                          with populations of less than 50,000.                 Indian tribes, or on the distribution of
                                                      (Improving Regulation and Regulatory                    The Coast Guard certifies under 5 U.S.C.              power and responsibilities between the
                                                      Review) direct agencies to assess the                   605(b) that this proposed rule would not              Federal Government and Indian tribes.
                                                      costs and benefits of available regulatory              have a significant economic impact on                 If you believe this proposed rule has
                                                      alternatives and, if regulation is                      a substantial number of small entities.               implications for federalism or Indian
                                                      necessary, to select regulatory                            While some owners or operators of                  tribes, please contact the person listed
                                                      approaches that maximize net benefits                   vessels intending to transit the                      in the FOR FURTHER INFORMATION
                                                      (including potential economic,                          Passagassawakeag River in Belfast, ME                 CONTACT section above.
                                                      environmental, public health and safety                 may be small entities, for the reasons
                                                      effects, distributive impacts, and                      stated above in section IV.A, this                    E. Unfunded Mandates Reform Act
                                                      equity). Executive Order 13563                          proposed rule would not have a                           The Unfunded Mandates Reform Act
                                                      emphasizes the importance of                            significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                      quantifying costs and benefits, reducing                vessel owner or operator.                             Federal agencies to assess the effects of
                                                      costs, harmonizing rules, and promoting                    If you think that your business,                   their discretionary regulatory actions. In
                                                      flexibility. Executive Order 13771                      organization, or governmental                         particular, the Act addresses actions
                                                      (Reducing Regulation and Controlling                    jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                      Regulatory Costs) directs agencies to                   and that this rule would have a                       State, local, or tribal government, in the
                                                      reduce regulation and control regulatory                significant economic impact on it,                    aggregate, or by the private sector of
                                                      costs and provides that ‘‘for every one                 please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                      new regulation issued, at least two prior               ADDRESSES) explaining why you think it                more in any one year. Though this
                                                      regulations be identified for elimination,              qualifies and how and to what degree                  proposed rule would not result in such
                                                      and that the cost of planned regulations                this rule would economically affect it.               an expenditure, we do discuss the
                                                      be prudently managed and controlled                        Under section 213(a) of the Small                  effects of this rule elsewhere in this
                                                      through a budgeting process.’’                          Business Regulatory Enforcement                       preamble.
                                                         The Office of Management and Budget                  Fairness Act of 1996 (Pub. L. 104–121),
                                                      (OMB) has not designated this rule a                    we want to assist small entities in                   F. Environment
                                                      significant regulatory action under                     understanding this proposed rule. If the                 We have analyzed this proposed rule
                                                      section 3(f) of Executive Order 12866.                  rule would affect your small business,                under Department of Homeland
                                                      Accordingly, OMB has not reviewed it.                   organization, or governmental                         Security Management Directive 023–01
                                                      As this rule is not a significant                       jurisdiction and you have questions                   and Commandant Instruction
                                                      regulatory action, this rule is exempt                  concerning its provisions or options for              M16475.lD, which guide the Coast
                                                      from the requirements of Executive                      compliance, please contact the person                 Guard in complying with the National
                                                      Order 13771. See the OMB                                listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42
                                                      Memorandum titled ‘‘Interim Guidance                    CONTACT section. The Coast Guard will                 U.S.C. 4321–4370f), and have made a
                                                      Implementing Section 2 of the Executive                 not retaliate against small entities that             preliminary determination that this
                                                      Order of January 30, 2017 titled                        question or complain about this                       action is one of a category of actions that
                                                      ‘Reducing Regulation and Controlling                    proposed rule or any policy or action of              do not individually or cumulatively
                                                      Regulatory Costs’’’ (February 2, 2017).                 the Coast Guard.                                      have a significant effect on the human
                                                         We anticipate the economic impact of                                                                       environment. This proposed rule
                                                      the proposed rule to not be significant.                C. Collection of Information
                                                                                                                                                                    involves the establishment of special
                                                      This proposed determination is based                      This proposed rule would not call for               anchorage areas. It appears that this
                                                      on the historic and current use of the                  a new collection of information under                 action may be categorically excluded
                                                      area as well as the minimal impact this                 the Paperwork Reduction Act of 1995                   from further review under paragraph
                                                      proposed rule would have on surface                     (44 U.S.C. 3501–3520).                                34(f) of Figure 2–1 of Commandant
                                                      navigation. The potential impact would                                                                        Instruction M16475.lD. A preliminary
                                                      be minimized for the following reasons:                 D. Federalism and Indian Tribal
                                                                                                              Governments                                           Record of Environmental Consideration
                                                      1) normal surface navigation will not be                                                                      is available in the docket where
                                                      affected as these two areas in the                         A rule has implications for federalism
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                    indicated under ADDRESSES. We seek
                                                      Passagassawakeag River in the vicinity                  under Executive Order 13132,                          any comments or information that may
                                                      of the northeastern portion of Belfast                  Federalism, if it has a substantial direct            lead to the discovery of a significant
                                                      has been historically used as a mooring                 effect on the States, on the relationship             environmental impact from this
                                                      field by the Town of Belfast; and 2) this               between the national government and                   proposed rule.
                                                      proposed rule would simply permit                       the States, or on the distribution of
                                                      eligible vessels in existing mooring                    power and responsibilities among the                  G. Protest Activities
                                                      areas to not to sound signals or exhibit                various levels of government. We have                   The Coast Guard respects the First
                                                      anchor lights or shapes when at anchor                  analyzed this proposed rule under that                Amendment rights of protesters.
                                                      there.                                                  Order and have determined that it is                  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                        PART 110—ANCHORAGE                                    DEPARTMENT OF HOMELAND
                                                      INFORMATION CONTACT section to                          REGULATIONS                                           SECURITY
                                                      coordinate protest activities so that your
                                                      message can be received without                         ■ 1. The authority citation for part 110              Coast Guard
                                                      jeopardizing the safety or security of                  continues to read as follows:
                                                      people, places, or vessels.                                                                                   33 CFR Part 165
                                                                                                                Authority: 33 U.S.C. 471; 1221 through
                                                      V. Public Participation and Request for                 1236, 2071; 33 CFR 1.05–1; Department of              [Docket Number USCG–2017–0146]
                                                      Comments                                                Homeland Security Delegation No. 0170.1.              RIN 1625–AA87
                                                         We view public participation as                      ■ 2. Amend § 110.4 to by adding
                                                      essential to effective rulemaking, and                                                                        Security Zones; Port Canaveral Harbor,
                                                                                                              paragraph (d) to read as follows:                     Cape Canaveral Air Force Station, FL
                                                      will consider all comments and material
                                                      received during the comment period.                     § 110.4    Penobscott Bay, Maine.                     AGENCY:   Coast Guard, DHS.
                                                      Your comment can help shape the                         *      *    *     *    *                              ACTION:   Notice of proposed rulemaking.
                                                      outcome of this rulemaking. If you
                                                      submit a comment, please include the                       (d) Passagassawakeag River, Belfast                SUMMARY:   The Coast Guard proposes to
                                                      docket number for this rulemaking,                      Bay, Belfast, Maine.— (1) Special                     expand the geographical boundaries of a
                                                      indicate the specific section of this                   anchorage area A. All of the waters                   permanent security zone at Port
                                                      document to which each comment                          enclosed by a line beginning at latitude              Canaveral Harbor. This action is
                                                      applies, and provide a reason for each                  44°25′23″ N., longitude 068°58′55″ W.;                necessary to ensure the security of
                                                      suggestion or recommendation.                           thence to latitude 44°25′30″ N.,                      vessels, facilities, and the surrounding
                                                         We encourage you to submit                           longitude 068°58′48″ W.; thence to                    areas within this zone. This rule is
                                                      comments through the Federal                            latitude 44°25′33″ N., longitude                      intended to prohibit persons and vessels
                                                      eRulemaking Portal at http://                           068°59′15″ W.; thence to latitude                     from entering, transiting through,
                                                      www.regulations.gov. If your material                   44°25′39″ N., longitude 068°59′17″ W.;                anchoring in, or remaining within the
                                                      cannot be submitted using http://                       thence to latitude 44°25′48″ N.,                      security zone unless authorized by the
                                                      www.regulations.gov, contact the person                 longitude 068°59′57″ W.; thence to                    Captain of the Port (COTP) Jacksonville
                                                      in the FOR FURTHER INFORMATION                          latitude 44°25′46″ N., longitude                      or a designated representative. We
                                                      CONTACT section of this document for                    069°00′08″ W.; thence to the point of                 invite your comments on this proposed
                                                      alternate instructions. Documents                       beginning.                                            rulemaking.
                                                      mentioned in this notice of proposed                                                                          DATES: Comments and related material
                                                      rulemaking as being available in the                       (2) Special anchorage area B. All of
                                                                                                              the waters enclosed by a line beginning               must be received by the Coast Guard on
                                                      docket, and all public comments, are in                                                                       or before November 3, 2017.
                                                      our online docket at http://                            at latitude 44°25′17″ N., longitude
                                                                                                              068°59′00″ W.; thence to latitude                     ADDRESSES: You may submit comments
                                                      www.regulations.gov and can be viewed
                                                                                                              44°24′56″ N., longitude 068°59′23″ W.;                identified by docket number USCG–
                                                      by following that Web site’s
                                                                                                              thence to latitude 44°25′20″ N.,                      2017–0146 using the Federal
                                                      instructions. Additionally, if you go to
                                                                                                              longitude 068°59′38″ W.; thence to                    eRulemaking Portal at http://
                                                      the online docket and sign up for email
                                                                                                              latitude 44°25′44″ N., longitude                      www.regulations.gov. See the ‘‘Public
                                                      alerts, you will be notified when
                                                                                                              069°00′09″ W.; thence to the point of                 Participation and Request for
                                                      comments are posted or a final rule is
                                                                                                              beginning.                                            Comments’’ portion of the
                                                      published.
                                                                                                                                                                    SUPPLEMENTARY INFORMATION section for
                                                         We accept anonymous comments. All                      Note to § 110.4(d): All coordinates                 further instructions on submitting
                                                      comments received will be posted                        referenced use datum: NAD 83. All anchoring           comments.
                                                      without change to http://                               in the areas is under the supervision of the
                                                      www.regulations.gov and will include                    town of Belfast harbormaster or other such            FOR FURTHER INFORMATION CONTACT:   If
                                                      any personal information you have                       authority as may be designated by the                 you have questions about this proposed
                                                      provided. For more about privacy and                    authorities of the Town of Belfast, Maine.            rulemaking, call or email Lieutenant
                                                      the docket, you may review a Privacy                    Mariners using these special anchorage areas          Allan Storm, Sector Jacksonville,
                                                      Act notice regarding the Federal Docket                 are encouraged to contact local and state             Waterways Management Division, U.S.
                                                      Management System in the March 24,                      authorities, such as the local harbormaster, to       Coast Guard; telephone (904) 714–7616,
                                                      2005, issue of the Federal Register (70                 ensure compliance with any additional                 email Allan.H.Storm@uscg.mil.
                                                      FR 15086).                                              applicable state and local laws.                      SUPPLEMENTARY INFORMATION:
                                                         Documents mentioned in this NPRM
                                                      as being available in the docket, and all                 Dated: September 7, 2017.                           I. Table of Abbreviations
                                                      public comments, will be in our online                  S.D. Poulin,                                          CFR Code of Federal Regulations
                                                      docket at http://www.regulations.gov                    Rear Admiral, U.S. Coast Guard, Commander,            DHS Department of Homeland Security
                                                      and can be viewed by following that                     First Coast Guard District.                           E.O. Executive Order
                                                      Web site’s instructions. Additionally, if                                                                     FR Federal Register
                                                                                                              [FR Doc. 2017–21231 Filed 10–2–17; 8:45 am]           NPRM Notice of proposed rulemaking
                                                      you go to the online docket and sign up
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                              BILLING CODE 9110–04–P                                § Section
                                                      for email alerts, you will be notified                                                                        U.S.C. United States Code
                                                      when comments are posted or a final                                                                           COTP Captain of the Port
                                                      rule is published.
                                                                                                                                                                    II. Background, Purpose, and Legal
                                                      List of Subjects in 33 CFR Part 110                                                                           Basis
                                                        Anchorage grounds.                                                                                            On October 3, 1988, the Coast Guard
                                                        For the reasons discussed in the                                                                            published a final rule creating a
                                                      preamble, the Coast Guard proposes to                                                                         permanent security zone at Port
                                                      amend 33 CFR part 110 as follows:                                                                             Canaveral Harbor, Cape Canaveral,


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Document Created: 2017-10-03 01:01:34
Document Modified: 2017-10-03 01:01:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before December 4, 2017.
ContactIf 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 Marine Science Technician Chris Bains, Waterways Management Division at Coast Guard Sector Northern New England, telephone (207) 347-5003, email [email protected]
FR Citation82 FR 46004 
RIN Number1625-AA01

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