Anchorage Regulations; Connecticut River, Old Saybrook, CT, 73689-73692 [2015-30011]

Download as PDF Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules following: Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426 [Attention: Ellen Brown, Office of the Executive Director], email: DataClearance@ferc.gov, phone: (202) 502–8663, fax: (202) 273–0873. Comments concerning the collection of information and the associated burden estimate(s), may also be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503 [Attention: Desk Officer for the Federal Energy Regulatory Commission, phone: (202) 395–0710, fax: (202) 395–7285]. Due to security concerns, comments should be sent electronically to the following email address: oira_submission@ omb.eop.gov. Comments submitted to OMB should include FERC–516 and OMB Control No. 1902–0096. srobinson on DSK5SPTVN1PROD with PROPOSALS Regulatory Flexibility Act Certification 27. The Regulatory Flexibility Act of 1980 (RFA) 58 generally requires a description and analysis of rules that will have significant economic impact on a substantial number of small entities. The RFA does not mandate any particular outcome in a rulemaking. It only requires consideration of alternatives that are less burdensome to small entities and an agency explanation of why alternatives were rejected. 28. To the extent the RFA applies to this proceeding, the Commission estimates that the total number of public utility transmission providers that would have to modify their currently effective pro forma LGIA and pro forma SGIA is 132. Of these, the Commission estimates the total number that are small entities is 11. The Commission estimates the average total cost of these entities will be minimal, requiring on average 15 hours, or $1,080 in expenses. The Commission does not consider this to be a significant economic impact. As a result, the Commission certifies that the reforms proposed in this Proposal would not have a significant economic impact on a substantial number of small entities. Environmental Analysis 29. The Commission is required to prepare an Environmental Assessment or an Environmental Impact Statement for any action that may have a significant adverse effect on the human environment.59 The Commission concludes that neither an 58 5 U.S.C. 601–12 (2012). Implementing the National Environmental Policy Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs., Regulations Preambles 1986–1990 ¶ 30,783 (1987). 59 Regulations VerDate Sep<11>2014 17:49 Nov 24, 2015 Jkt 238001 Environmental Assessment nor an Environmental Impact Statement is required for this Proposal under section 380.4(a)(15) of the Commission’s regulations, which provides a categorical exemption for approval of actions under sections 205 and 206 of the FPA relating to the filing of schedules containing all rates and charges for the transmission or sale of electric energy subject to the Commission’s jurisdiction, plus the classification, practices, contracts and regulations that affect rates, charges, classifications, and services.60 The revisions proposed in this Proposal would update and clarify the application of the Commission’s standard interconnection requirements to wind generators. Therefore, this Proposal falls within the categorical exemptions provided in the Commission’s regulations, and as a result neither an environmental impact statement nor an environmental assessment is required. Comment Procedures 30. The Commission invites interested persons to submit comments on the matters and issues proposed in this Proposal to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due January 25, 2016. Comments must refer to Docket No. RM16–1–000, and must include the commenter’s name, the organization they represent, if applicable, and their address. 31. The Commission encourages comments to be filed electronically via the eFiling link on the Commission’s Web site at http://www.ferc.gov. The Commission accepts most standard word processing formats. Documents created electronically using word processing software should be filed in native applications or print-to-PDF format and not in a scanned format. Commenters filing electronically do not need to make a paper filing. 32. Commenters that are not able to file comments electronically must send an original of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. 33. All comments will be placed in the Commission’s public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters on this Proposal are not required to serve copies of their comments on other commenters. 60 18 PO 00000 CFR 380.4(a)(15) (2015). Frm 00011 Fmt 4702 Sfmt 4702 73689 Document Availability 34. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through the Commission’s Home Page (http:// www.ferc.gov) and in the Commission’s Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 35. From the Commission’s Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number of this document, excluding the last three digits, in the docket number field. 36. User assistance is available for eLibrary and the Commission’s Web site during normal business hours from the Commission’s Online Support at (202) 502–6652 (toll free at 1–866–208–3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502–8371, TTY (202) 502–8659. Email the Public Reference Room at public.referenceroom@ferc.gov. List of Subjects in 18 CFR Part 35 Electric power rates, Electric utilities, Non-discriminatory open access transmission tariffs. By direction of the Commission. Issued: November 19, 2015 Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2015–29972 Filed 11–24–15; 8:45 am] BILLING CODE 6717–01–P 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 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: 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 SUMMARY: E:\FR\FM\25NOP1.SGM 25NOP1 73690 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules 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. Comments and related material must be received by the Coast Guard on or before December 28, 2015. DATES: 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. ADDRESSES: If you have questions about this proposed rulemaking, contact Mr. Craig Lapiejko, Waterways Management at Coast Guard First District, telephone 617–223–8351, email craig.d.lapiejko@uscg.mil or Chief Ian Fallon, Waterways Management Division at Coast Guard Sector Long Island Sound, telephone 203–468–4565, email ian.m.fallon@uscg.mil. FOR FURTHER INFORMATION CONTACT: 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 § Section U.S.C.the United States Code 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. srobinson on DSK5SPTVN1PROD with PROPOSALS A. Regulatory Planning and Review 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. 17:49 Nov 24, 2015 Jkt 238001 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 II. Background, Purpose, and Legal Basis VerDate Sep<11>2014 III. Discussion of Proposed Rule 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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. E:\FR\FM\25NOP1.SGM 25NOP1 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules 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. srobinson on DSK5SPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 17:49 Nov 24, 2015 Jkt 238001 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). PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 73691 List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: ■ Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Add § 110.55b to subpart A to read as follows: ■ § 110.55b Connecticut River, Old Saybrook, Connecticut. (a) Special anchorage area A. All of the waters enclosed by a line beginning at latitude 41°19′54.75″ N, longitude 072°21′08.40″ W; thence to latitude 41°19′21.50″ N, longitude 072°20′49.65″ W; thence to latitude 41°19′17.80″ N, longitude 072°20′49.25″ W; thence to latitude 41°19′17.05″ N, longitude 72°20′59″ W; thence to latitude 41°19′25.40″ N, longitude 72°21′00.95″ W; thence to latitude 41°19′29.50″ N, longitude 72°21′17.60″ W; thence to latitude 41°19′35.40″ N, longitude 72°21′22.90″ W; thence to latitude 41°19′52.35″ N, longitude 72°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°17′26″ N, longitude 072°21′04″ W; thence to latitude 41°17′24.60″ N, longitude 072°21′16″ W; thence to latitude 41°17′20″ N, longitude 072°21′09″ W; thence to latitude 41°17′16″ N, longitude 072°21′05″ W; thence to latitude 41°17′16″ N, longitude 072°21′03″ W; thence to latitude 41°17′21.5″ N, longitude 072°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°17′27″ N, longitude 072°21′35″ W; thence to latitude 41°17′24″ N, longitude 072°22′01″ W; thence to latitude 41°17′16″ N, longitude 072°22′00″ W; thence to latitude 41°17′19″ N, longitude 072°21′33″ W; thence to the point of beginning. Note to § 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. E:\FR\FM\25NOP1.SGM 25NOP1 73692 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules 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] further instructions on submitting comments. If you have questions on this notice of proposed rulemaking, contact Mr. Craig Lapiejko, Waterways Management at Coast Guard First District, telephone 617–223–8351, email craig.d.lapiejko@ uscg.mil or Mr. Jeff Yunker, Coast Guard Sector New York Waterways Management Division, U.S. Coast Guard; telephone 718–354–4195, email jeff.m.yunker@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: BILLING CODE 9110–04–P I. Table of Acronyms DHS Department of Homeland Security FR Federal Register SAA Special Anchorage Area USACE United States Army Corps of Engineers USCP United States Coast Pilot WAMS Waterways Analysis and Management System DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [Docket Number USCG–2015–0038] RIN 1625–AA01 Anchorage Regulations; Port of New York Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to disestablish 13 anchorage grounds and 1 special anchorage area that are now obsolete in Newark Bay, the East River, Western Long Island Sound, Raritan Bay, and Lower New York Bay. It also proposes to reduce the size of three anchorage grounds in Raritan, Sandy Hook, and Lower New York Bays. This proposed rulemaking is necessary due to the increased size and draft of current commercial vessels operating in the Captain of the Port New York zone, as the existing anchorages have insufficient water depths to accommodate these vessels; the exposure of these anchorages to winds, tides, and currents; and changes in recreational vessel usage patterns in Newark Bay. This proposed rulemaking would provide a higher degree of vessel and environmental safety by reducing the risk of vessels grounding in shallow water, and accurately reflect the anchorages currently in use. DATES: Comments and related material must be received by the Coast Guard on or before January 25, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2015–0038 using the following Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for srobinson on DSK5SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:49 Nov 24, 2015 Jkt 238001 II. Background, Purpose, and Legal Basis Anchorage grounds were originally established by the (USACE) on April 25, 1907, pursuant to an Act of Congress approved May 16, 1888. This information was published in the 1909 (USCP) Atlantic Coast, Part IV, From Point Judith to New York, Fifth Edition. Anchorage regulation duties and powers were transferred to the Coast Guard in 1967 (32 FR 17726, Dec. 12, 1967) The special anchorage areas (SAAs) were originally established by the USACE and first published in the USCP in 1960. The USCP is a series of nine nautical books published by the National Oceanic and Atmospheric Administration (NOAA) that encompasses a wide variety of information important to navigators of U.S. waters. The USCP is intended to be used as a supplement to NOAA nautical charts. Topics covered include anchorage grounds, SAAs, and specific anchoring regulations governing their usage. The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define anchorage grounds and special anchorage areas. The specific reasons for this rulemaking are to disestablish 13 anchorage grounds and 1 SAA that are now obsolete and reduce the size of three anchorage grounds that are no longer used by commercial or recreational mariners. The intended purpose of this rulemaking is to reduce the risk of vessels grounding in shallow water and accurately reflect the PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 anchorages currently in use. The USACE New York District was consulted on this regulation and had no objections. III. Discussion of Proposed Rule This proposed rule would disestablish five obsolete anchorage grounds in Newark Bay described in 33 CFR 110.155(h)(1) and (h)(3) through (6). During our 2012 WAMS review of Newark Bay, we announced in First Coast Guard District Local Notice to Mariners that we were considering disestablishing anchorage ground numbers 34, 36, 37, 38, and 39. We received one comment that these anchorage grounds should be retained and dredged to a depth of not less than 12 feet at mean low water so vessels could anchor within their boundaries. These anchorage grounds are not a federal project under the jurisdiction of the USACE and thus will not be dredged to a depth that is usable by most commercial vessels. During this 2012 WAMS we also sought comment on the proposed disestablishment of the Newark Bay Southeast and Newark Bay Southwest SAAs described in 33 CFR 110.60(d)(1) and (2). We received no comments that these SAAs are used or that they should be retained. These proposed revisions were advertised to the public in the First Coast Guard District Local Notice to Mariners number 50 in 2011 (dated December 14, 2011) through number 24 in 2012 (dated June 13, 2012). During a 2014 site visit to the Robbins Reef Yacht Club in Bayonne, NJ, the Coast Guard was notified by a club member that the Newark Bay Southeast SAA is still in use. Based on those comments we are no longer considering disestablishing the Newark Bay Southeast SAA. We are, however, proposing to disestablish the Newark Bay Southwest SAA, § 110.60(d)(2). This proposed rule would disestablish seven obsolete anchorage grounds in Western Long Island Sound and the East River described in 33 CFR 110.155(a)(2) through (7), and (b)(2). During our 2013 WAMS review of New Rochelle Harbor, Manhasset and Little Neck Bays we announced in the First Coast Guard District Local Notice to Mariners that we were considering disestablishing anchorage ground numbers 1–A, 1–B, 2, 3, 4, 5, and 7. We received no comments that these anchorage grounds are being used or that they should be retained. These proposed revisions were advertised to the public in the First Coast Guard District Local Notice to Mariners number 48 in 2012 (dated November 28, 2012) through number 25 in 2013 (dated June 19, 2013). E:\FR\FM\25NOP1.SGM 25NOP1

Agencies

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73689-73692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
craig.d.lapiejko@uscg.mil or Chief Ian Fallon, Waterways Management 
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4565, email ian.m.fallon@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
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