Rule2023-04928
Anchorage Regulations; Special Anchorages Areas Within the First Coast Guard District
Primary source
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Published
March 16, 2023
Effective
April 17, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The First Coast Guard District is removing notes from its special anchorage area regulations and removing language from the text of four of these regulations because those provisions are inconsistent with simply designating the location of a special anchorage area. These existing notes and regulatory text provisions, which contain obsolete and duplicative language, will be replaced with a note in a new section we are adding that will apply to all special anchorage area regulations in the First Coast Guard District. The note will advise interested persons that state and local regulations may apply and that they should contact other authorities, such as the local harbormaster, to ensure compliance with any such applicable regulations. These changes are primarily editorial in nature and are intended to clarify and update First Coast Guard District special anchorage area regulations. This rule will not create, remove, or change any previously established special anchorage areas in the First Coast Guard District.
Full Text
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<title>Federal Register, Volume 88 Issue 51 (Thursday, March 16, 2023)</title>
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[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16185-16188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04928]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2019-0952]
RIN 1625-AA01
Anchorage Regulations; Special Anchorages Areas Within the First
Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The First Coast Guard District is removing notes from its
special anchorage area regulations and removing language from the text
of four of these regulations because those provisions are inconsistent
with simply designating the location of a special anchorage area. These
existing notes and regulatory text provisions, which contain obsolete
and duplicative language, will be replaced with a note in a new section
we are adding that will apply to all special anchorage area regulations
in the First Coast Guard District. The note will advise interested
persons that state and local regulations may apply and that they should
contact other authorities, such as the local harbormaster, to ensure
compliance with any such applicable regulations. These changes are
primarily editorial in nature and are intended to clarify and update
First Coast Guard District special anchorage area regulations. This
rule will not create, remove, or change any previously established
special anchorage areas in the First Coast Guard District.
DATES: This rule is effective April 17, 2023
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2019-0952 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, contact Mr. Craig Lapiejko, Waterways Management
at First Coast Guard District, telephone 617-223-8351, email
<a href="/cdn-cgi/l/email-protection#f39081929a94dd97dd9f92839a9699989cb386809094dd9e9a9f"><span class="__cf_email__" data-cfemail="8deeffece4eaa3e9a3e1ecfde4e8e7e6e2cdf8feeeeaa3e0e4e1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
SAA Special Anchorage Area
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On July 17, 2019, the First Coast Guard District received a request
to remove the note in 33 CFR 110.32--Hingham Harbor, Hingham,
Massachusetts. This regulation, note included, was added to 33 CFR part
110 soon after the Coast Guard was authorized Federal anchorage
regulations more than 50 years ago. In response, on April 8, 2021, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Anchorage Regulations; Special Anchorages Areas within the First
Coast Guard District'' (86 FR 18224). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
the revision of the notes. During the comment period that ended on June
7, 2021, we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No.
00170.1. The First Coast Guard District Commander has determined that
revising the notes for its special anchorage area (SAA) regulations and
to remove language from the text of four of these regulations because
those provisions are inconsistent with simply designating the location
of a special anchorage area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
8, 2021.
The commenter disagreed that the changes were primarily editorial
in nature and that they were intended to clarify and update the notes.
The commenter further provided that the town had relied on the notes to
enforce a prohibition on fixed piles or stakes for the past 50 years.
The commenter requested that any proposed change to the notes currently
cited in the CFR for Hingham Harbor SAAs be exempted from those
changes. As we stated in our April 8, 2021, NPRM, in general, there is
a misunderstanding of the Coast Guard's authority with regard to
special anchorage grounds. The Coast Guard does not regulate vessel
activities within SAAs as it does in anchorage grounds. The only effect
of designating a SAA under the authority of 33 U.S.C. 2071 is that
vessels under 20 meters in length (65 feet) anchored in these areas do
not have to exhibit the lights, shapes or sounds signals required by
Rule 30 and 35 of the Inland Navigation Rules. Other vessels active
within these SAA may be regulated by local authorities as long as local
regulations do not conflict with Federal regulations which may be
promulgated under other statutory authority. The Town of Hingham,
similar to other State and/or local governments, promulgated ordinances
and those ordinances were often cited as notes within some SAA
regulations, but those notes were incorrectly interpreted as federal
regulations. In a rule published August 3, 1968 (33FR 11079), the Coast
Guard added Sec. 110.32 to 33 CFR part 110 which created five separate
SAAs in Hingham Harbor, MA. That regulation was issued in response to a
request from the Chairman of the Board of Selectmen of Hingham, MA. The
note in that regulation said that:
<bullet> These areas will be principally used by yachts and other
recreational craft.
<bullet> Temporary floats or buoys for marking anchors will be
allowed in the areas but fixed piles or stakes may not be placed.
<bullet> The anchoring of vessels and the placing of moorings in
these areas will be under the jurisdiction of the local Harbor Master.
The inclusion of these references to ordinances in Part 110 is not
desirable as it appears that the Coast Guard has adopted similar
provisions into the federal regulations. As such, the Coast Guard is
removing the note from the regulation. The Coast Guard interprets the
note as indicating that the rule itself
[[Page 16186]]
would not forbid the installation of piles or stakes in Hingham Harbor.
In the regulatory text, we did amend the instruction for Sec.
110.30, to correct the reference to where the three notes to be removed
in that section were located. Also, we updated the authority citation
for Part 110 to reflect that Section 8501 the William M. (Mac)
Thornberry National Defense Authorization Act, Public Law 116-283,
transferred Section 7 Rivers and Harbors Appropriations Act of 1915
authority for anchorage grounds to 46 U.S.C. 70006, and the reference
to the edition of the Department of Homeland Security delegation.
This rule will remove existing notes in regulations for SAAs in the
First Coast Guard District and removes the regulatory provisions in
Sec. Sec. 110.25, 110.29, 110.50d, and 110.60 that do not designate
the location of SAAs. Additionally, we are adding Sec. 110.3,
entitled, ``First Coast Guard District Special Anchorage Areas.'' Its
text identifies SAA regulations for the First Coast Guard District
(Sec. 110.4 through Sec. 110.60) and its note advises those planning
to use a SAA in the First District that state ordinances, local
ordinances, or both, may apply to those anchoring there and that the
local harbormaster is often the best source of information about any
such ordinances. These ordinances may involve, for example, compliance
with direction from the local harbormaster when placing or using
moorings within the anchorage.
These changes are primarily editorial in nature and are intended to
clarify and update the notes in this part. This rule does not create,
remove, or change any SAA. Vessels less than 65 feet in length, when at
anchor in these SAAs, are not required to sound signals or display
anchorage lights or shapes when at anchor.
This rule will remove notes from the following sections in 33 CFR
part 110 that designate SAAs in the First Coast Guard District:
Section 110.4, Penobscot Bay, Maine.
Section 110.5, Casco Bay, Maine.
Section 110.6, Portland Harbor, Portland, Maine (between Little
Diamond Island and Great Diamond Island).
Section 110.8, Lake Champlain, New York and Vermont.
Section 110.26, Marblehead Harbor, Marblehead, Massachusetts.
Section 110.29, Boston Inner Harbor, Massachusetts.
Section 110.30, Boston Harbor, Massachusetts.
Section 110.31, Hull Bay and Allerton Harbor at Hull,
Massachusetts.
Section 110.32, Hingham Harbor, Hingham, Massachusetts.
Section 110.37, Sesuit Harbor, Dennis, Massachusetts.
Section 110.38, Edgartown Harbor, Massachusetts.
Section 110.45a, Mattapoisett Harbor, Mattapoisett,
Massachusetts.
Section 110.50, Stonington Harbor, Connecticut.
Section 110.50a, Fishers Island Sound, Stonington, Connecticut.
Section 110.50b, Mystic Harbor, Groton and Stonington,
Connecticut.
Section 110.50c, Mumford Cove, Groton, Connecticut.
Section 110.51, Groton, Connecticut.
Section 110.52, Thames River, New London, Connecticut.
Section 110.53, Niantic, Connecticut.
Section 110.55, Connecticut River, Connecticut.
Section 110.55a, Five Mile River, Norwalk and Darien,
Connecticut.
Section 110.55b, Connecticut River, Old Saybrook, Connecticut.
Section 110.56, Noroton Harbor, Darien, Connecticut.
Section 110.58, Cos Cob Harbor, Greenwich, Connecticut.
Section 110.59, Eastern Long Island, New York.
Section 110.60, Captain of the Port, New York.
For a specific listing of the notes being removed, please review
the regulatory text at the end of this rule.
Additionally, this rule removes regulatory text from four CFR
sections because that text is inconsistent with simply designating the
location of a SAA. In Sec. 110.25, Salem Sound, Massachusetts, we are
removing the last two sentences of paragraph (c). In Sec. 110.29,
Boston Inner Harbor, Massachusetts, we are removing paragraph (d)(2).
In Sec. 110.50d, Mystic Harbor, Noank, Connecticut, we are removing
paragraph (b). Finally, in Sec. 110.60, Captain of the Port, New York;
we are removing paragraphs (c)(13)(i), (d)(7)(i), and (d)(9)(i).
V. Regulatory Analyses
We developed this 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 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
These changes are primarily editorial in nature and are intended to
clarify and update notes for First Coast Guard District SAA regulations
and to remove regulatory text in four CFR sections that is not needed
to designate the location of SAAs. This rule will not create, remove,
or change any previously established SAAs in the First Coast Guard
District
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities. We reach this
conclusion based on the reasons stated in section IV.A above.
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 rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 16187]]
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 rule will remove
existing notes in regulations for SAAs in the First Coast Guard
District and remove regulatory text in four CFR sections that is not
needed to designate the location of SAAs. These existing notes and
provisions in regulatory text, will be replaced with a note in a newly
added section that will apply to all SAA regulations in the First Coast
Guard District. The note will advise those planning to use a SAA in the
First Coast Guard District that state ordinances, local ordinances, or
both, may apply to those anchoring there and that the local
harbormaster is often the best source of information about any such
ordinances. It is categorically excluded from further review under
paragraph A3 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 is revised to read as follows:
Authority: 33 U.S.C. 2071; 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision
No. 01.3.
0
2. Add Sec. 110.3 to read as follows:
Sec. 110.3 First Coast Guard District Special Anchorage Areas.
Regulations designating special anchorage areas in the First Coast
Guard District appear in Sec. Sec. 110.4 through 110.60.
Note 1 to Sec. 110.3: Those planning to use these special
anchorage areas are advised that state ordinances, local ordinances,
or both, may apply. The local harbormaster is often the best source
of information about any such ordinances.
Sec. 110.4 [Amended]
0
3. In Sec. 110.4, remove the notes to paragraph (a), (b), (c) and (d).
Sec. 110.5 [Amended]
0
4. In Sec. 110.5, remove the notes following paragraphs (a-1), (d),
(e) and (f).
Sec. 110.6 [Amended]
0
5. In Sec. 110.6, remove the note at the end of the section.
Sec. 110.8 [Amended]
0
6. In Sec. 110.8, remove the notes following paragraphs (c-2) and (i).
Sec. 110.25 [Amended]
0
7. In Sec. 110.25, remove the last two sentences in paragraph (c).
Sec. 110.26 [Amended]
0
8. In Sec. 110.26, remove the note at the end of the section.
Sec. 110.29 [Amended]
0
9. In Sec. 110.29(d), remove the designation ``(1)'', remove paragraph
(d)(2), and remove the note to paragraph (d).
Sec. 110.30 [Amended]
0
10. In Sec. 110.30, remove the note to paragraph (h), the note to
paragraphs (j), (k), and (l) and the note to paragraphs (m), (n), (o),
(p) and (q).
Sec. 110.31 [Amended]
0
11. In Sec. 110.31, remove the note at the end of the section.
Sec. 110.32 [Amended]
0
12. In Sec. 110.32, remove the note at the end of the section.
Sec. 110.37 [Amended]
0
13. In Sec. 110.37, remove the note at the end of the section.
Sec. 110.38 [Amended]
0
14. In Sec. 110.38, remove the note at the end of the section.
Sec. 110.45a [Amended]
0
15. In Sec. 110.45a, remove the note at the end of the section.
Sec. 110.50 [Amended]
0
16. In Sec. 110.50, remove the note at the end the section.
Sec. 110.50a [Amended]
0
17. In Sec. 110.50a, remove the note at the end of the section.
Sec. 110.50b [Amended]
0
18. In Sec. 110.50b, remove the note at the end of the section.
Sec. 110.50c [Amended]
0
19. In Sec. 110.50c, remove the note at the end of the section.
Sec. 110.50d [Amended]
0
20. In Sec. 110.50d, redesignate paragraph (a) as an undesignated
paragraph and remove paragraph (b).
Sec. 110.51 [Amended]
0
21. In Sec. 110.51, remove the note at the end of the section.
Sec. 110.52 [Amended]
0
22. In Sec. 110.52, remove the note at the end of the section.
Sec. 110.53 [Amended]
0
23. In Sec. 110.53, remove the note at the end of the section.
Sec. 110.55 [Amended]
0
24. In Sec. 110.55, remove the notes following paragraphs (b), (c),
(e), (e-1), (e-2) and (g).
Sec. 110.55a [Amended]
0
25. In Sec. 110.55a, remove the note at the end of the section.
[[Page 16188]]
Sec. 110.55b [Amended]
0
26. In Sec. 110.55b, remove the note at the end of the section.
Sec. 110.56 [Amended]
0
27. In Sec. 110.56, remove the note at the end of the section.
Sec. 110.58 [Amended]
0
28. In Sec. 110.58, remove the note at the end of the section.
Sec. 110.59 [Amended]
0
29. In Sec. 110.59, remove the note following paragraph (g).
Sec. 110.60 [Amended]
0
30. In Sec. 110.60, remove the notes to paragraphs (a)(2) and (13);
(b)(5) and (6); (c)(3); (5) and (6); (d)(2), and (5), and remove
paragraphs (c)(13)(i) and (ii), (d)(7)(i) and (ii), and (d)(9)(i) and
(ii).
Dated: March 3, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-04928 Filed 3-15-23; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.