[Federal Register: June 30, 2004 (Volume 69, Number 125)]
[Proposed Rules]
[Page 39380-39382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn04-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD01-03-107]
RIN 1625-AA01
Anchorage Regulations: Yonkers, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish two Special Anchorage
areas along the Hudson River adjacent to the City of Yonkers. This
proposed action is necessary to facilitate safe navigation in that area
and provide safe and secure anchorages for vessels not more than 20
meters in length. This action is intended to increase the safety of
life and property on the Hudson River, improve the safety of anchored
vessels in both anchorages, and provide for the overall safe and
efficient flow of recreational vessel traffic and commerce.
DATES: Comments and related material must reach the Coast Guard on or
before August 30, 2004.
ADDRESSES: You may mail comments and related material to Commander
(oan) CGD01-03-107, First Coast Guard District, 408 Atlantic Ave.,
Boston, Massachusetts 02110, or deliver them to room 628 at the same
address between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at room 628, First Coast Guard District Boston,
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (oan),
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110,
Telephone (617) 223-8355; E-mail jmauro@d1.uscg.mil.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD01-03-
107, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of
comments received.
Public Meeting
We do not plan to hold a public meeting, but you may submit a
request for a meeting by writing to Commander (oan) CGD01-03-107, First
Coast Guard District, 408 Atlantic Ave., Boston, Massachusetts 02110 or
delivering your request to room 628 at the same address above between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays. In
your request please explain why a public meeting would be beneficial.
If we determine that a public meeting would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
As part of a waterfront revitalization and redevelopment effort,
the City of Yonkers is proactively encouraging waterfront use by the
general public. This proposed rule is in response to a request made by
the City of Yonkers to help ensure the safe navigation of increased
vessel traffic expected to arrive along the city waterfront due to this
revitalization effort.
The Coast Guard is designating the areas as special anchorage areas
in accordance with 33 U.S.C. 471. In accordance with that statute,
vessels will not be required to sound signals or exhibit anchor lights
or shapes which are otherwise required by rule 30 and 35 of the Inland
Navigation Rules, codified at 33 U.S.C. 2030 and 2035. The two proposed
special anchorage areas will be located on the west side of the Hudson
River in the vicinity of Main Street and the JFK Marina, well removed
from the channel and located where general navigation will not endanger
or be endangered by unlighted vessels. Providing anchorage well removed
from the channel and general navigation would greatly increase
navigational safety.
While developing the proposed rule, in accordance with Title 33 of
the Code of Federal Regulations, Part 109.05(b) the U.S. Coast Guard
has consulted with the U.S. Army Corps of Engineers, New York District,
located at 26 Federal Plaza, New York, NY 10278. The U.S. Army Corps of
Engineers has determined that the proposed Special Anchorage Areas
would not have an adverse affect on any federally maintained navigation
channels in the area, structures the U.S. Army Corps of Engineers has
permitted, or any pending permit applications submitted to the U.S.
Army Corps of Engineers in this area.
Discussion of Proposed Rule
The proposed rule would create two new special anchorage areas. The
first, located on the Hudson River at Main Street, Yonkers, New York,
would be that portion of the Hudson River starting on shore at point
40[deg]56[min]15.4[sec] N, 073[deg]54[min]11.1[sec] W; thence northwest
to point 40[deg]56[min]18.0[sec] N, 073[deg]54[min]21.0[sec] W; thence
south to point 40[deg]55[min]58.8[sec] N, 073[deg]54[min]24.8[sec] W;
thence southeast to shore at point 40[deg]55[min]58.0[sec] N,
073[deg]54[min]21.0[sec] W.
The second, located on the Hudson River at JFK Marina, Yonkers, New
York, would be that portion of the Hudson River starting on shore at
point 40[deg]57[min]28.5[sec] N, 073[deg]53[min]46.0[sec] W; thence
west to point 40[deg]57[min]30.5[sec] N, 073[deg]53[min]56.8[sec] W;
thence southwest to point 40[deg]57[min]07.5[sec] N,
073[deg]54[min]06.2[sec] W; thence east to shore at point
40[deg]57[min]08.0[sec] N, 073[deg]53[min]58.5[sec] W. All proposed
coordinates are North American Datum 1983 (NAD 83).
The special anchorage areas would be limited to vessels no greater
than 20 meters in length. Vessels not more than 20 meters in length are
not required to sound signals as required by rule 35 of the Inland
Navigation Rules (33 U.S.C. 2035) or exhibit anchor lights or shapes
required by rule 30 of the Inland Navigation Rules (33 U.S.C 2030) when
at anchor in a special anchorage area. Additionally, mariners utilizing
the anchorage areas are encouraged to contact local and state
authorities, such as the local harbormaster, to ensure compliance with
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.
[[Page 39381]]
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of Department of Homeland Security
is unnecessary. This finding is based on the fact that this proposal
conforms to the changing needs of the City of Yonkers and the changing
needs of recreational vessels along the Hudson River. This proposed
rule is in the interest of safe navigation and property protection.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of recreational or commercial vessels intending to transit in
a portion of the Hudson River encumbered by the special anchorage
areas. These anchorage areas, however, would not have a significant
economic impact on these entities for the following reasons. The
proposed special anchorage areas extend past the 30-foot depth contour
by approximately 200 feet on the east side of the Hudson River. This
leaves approximately 2,200 feet of safe water before reaching the 30-
foot depth contour on the west side. This is more than enough room for
the types of vessels currently operating on the river, which include
both small and large commercial vessels. Thus these special anchorage
areas will not impede safe and efficient vessel transit on the Hudson
River.
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.
Assistance for Small Entities
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Mr. John J Mauro at the address
listed in ADDRESSES above.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
Arule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
[[Page 39382]]
standards bodies. This proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(f), of the Instruction, from further
environment documentation. A draft ``Environmental Analysis Check
List'' and a draft ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision on
whether the rule should be categorically excluded from further
environmental review.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Regulations
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, 2030, 2035 and
2071; 33 CFR 1.05-1(g); and Department of Homeland Security
Delegation No. 0170.1.
2. In Sec. 110.60 add new paragraphs (o-4) and (o-5) to read as
follows:
Sec. 110.60 Port of New York and vicinity.
* * * * *
(o) * * *
(o-4) Hudson River, at Main Street, Yonkers. That portion of the
Hudson River starting on shore at point 40[deg]56'15.4'' N,
073[deg]54'11.1'' W; thence northwest to point 40[deg]56'18.0'' N,
073[deg]54'21.0'' W; thence south to point 40[deg]55'58.8'' N,
073[deg]54'24.8'' W; thence southeast to shore at point
40[deg]55'58.0'' N, 073[deg]54'21.0'' W.
Note: This area is limited to vessels no greater than 20 meters
in length and is primarily for use by recreational craft on a
seasonal or transient basis. These regulations do not prohibit the
placement of moorings within the anchorage area, but requests for
the placement of moorings should be directed to the local government
to ensure compliance with local and state laws. All moorings shall
be so placed that no vessel, when anchored, will at any time extend
beyond the limits of the area. Fixed mooring piles or stakes are
prohibited. Mariners are encouraged to contact the local
harbormaster for any additional ordinances and to ensure compliance
with additional applicable state and local laws.
(o-5) Hudson River, at JFK Marina, Yonkers. That portion of the
Hudson River starting on shore at point 40[deg]57'28.5'' N,
073[deg]53'46.0'' W; thence west to point 40[deg]57'30.5'' N,
073[deg]53'56.8'' W; thence southwest to point 40[deg]57'07.5'' N,
073[deg]54'06.2'' W; thence east to shore at point 40[deg]57'08.0'' N,
073[deg]53'58.5'' W.
Note: This area is limited to vessels no greater than 20 meters
in length and is primarily for use by recreational craft on a
seasonal or transient basis. These regulations do not prohibit the
placement of moorings within the anchorage area, but requests for
the placement of moorings should be directed to the local government
to ensure compliance with local and state laws. All moorings shall
be so placed that no vessel, when anchored, will at any time extend
beyond the limits of the area. Fixed mooring piles or stakes are
prohibited. Mariners are encouraged to contact the local
harbormaster for any additional ordinances and to ensure compliance
with additional applicable state and local laws.
* * * * *
Dated: June 15, 2004.
Vivien S. Crea,
RADM, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-14869 Filed 6-29-04; 8:45 am]
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