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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 FOR FURTHER INFORMATION CONTACT: If the mooring fields historically used by persons an opportunity to participate in the the town. All proposed coordinates are rule making prior to the adoption of the final you have questions about this proposed 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 [email protected] 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 [email protected]. 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 between the mouth of the Goose River establish two special anchorage areas in Beginning in the fall of 2008, the and Patterson Pt, downstream of the US the Passagassawakeag River in the Town of Belfast, Maine (ME) Harbor RT 1 Bridge. Special anchorage area B vicinity of Belfast, Maine. This Committee began to discuss the is approximately 693,889 sq. yards and proposed action is necessary to facilitate possibility of designating a special located along the southern shores of the safe navigation in that area and provide anchorage area in the waters off Belfast river located between the Belfast Town safe and secure anchorages for vessels in the Passagassawakeag River due to docks to Belfast City Park. less than 20 meters in length. This 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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Additional illustrations showing the location of these proposed special anchorage areas are available in the docket.

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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 requirements described in Executive We developed this proposed rule after 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider Order 13132. considering numerous statutes and Also, this proposed rule does not have the potential impact of regulations on Executive orders related to rulemaking. tribal implications under Executive small entities during rulemaking. The Below we summarize our analyses Order 13175, Consultation and term ‘‘small entities’’ comprises small based on a number of these statutes and Coordination with Indian Tribal businesses, not-for-profit organizations Executive Orders. Governments, because it would not have that are independently owned and A. Regulatory Planning and Review a substantial direct effect on one or 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 C. Collection of Information the proposed rule to not be significant. 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 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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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: will consider all comments and material Cape Canaveral Air Force Station, FL 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 (d) Passagassawakeag River, Belfast submit a comment, please include the 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 ° ′ ″ ADDRESSES: You may submit comments www.regulations.gov and can be viewed 068 59 00 W.; thence to latitude ° ′ ″ ° ′ ″ identified by docket number USCG– by following that Web site’s 44 24 56 N., longitude 068 59 23 W.; 2017–0146 using the Federal instructions. Additionally, if you go to thence to latitude 44°25′20″ N., eRulemaking Portal at http:// the online docket and sign up for email longitude 068°59′38″ W.; thence to www.regulations.gov. See the ‘‘Public alerts, you will be notified when latitude 44°25′44″ N., longitude Participation and Request for comments are posted or a final rule is 069°00′09″ W.; thence to the point of Comments’’ portion of the published. beginning. 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 [email protected]. 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 FR Federal Register Web site’s instructions. Additionally, if [FR Doc. 2017–21231 Filed 10–2–17; 8:45 am] you go to the online docket and sign up NPRM Notice of proposed rulemaking 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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