[Federal Register: November 30, 2004 (Volume 69, Number 229)]
[Rules and Regulations]
[Page 69527-69529]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no04-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD01-03-107]
1625-AA01
Anchorage Regulations: Yonkers, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the anchorage regulations for the
Hudson River, New York by establishing two Special Anchorage areas
adjacent to the City of Yonkers. This 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: This rule is effective December 30, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD01-03-107), and are available for inspection or
copying at Room 628, First Coast Guard District Boston, 408 Atlantic
Avenue, Boston, MA 02110, 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 Avenue, Boston, MA 02110;
telephone (617) 223-8355; e-mail jmauro@d1.uscg.mil.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 30, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations: Yonkers, New York'' in the
Federal Register (69 FR 39380). We received two comments on the
proposed rule. No public hearing was requested and none was held.
Background and Purpose
A request was made by the City of Yonkers, New York to establish
two special anchorage areas as part of a waterfront revitalization and
redevelopment effort. The City of Yonkers is proactively encouraging
waterfront use by the general public. This rule is in response to that
request 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 special
anchorage areas will be located on the East 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 will greatly increase navigational
safety.
While developing this rule, in accordance with 33 CFR 109.05(b),
the Coast Guard 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 Comments and Changes
We received a letter from the City of Yonkers requesting that the
Main Street Special Anchorage be modified to accommodate the high speed
ferry service to the City's Main Street Pier. This final rule
incorporates the City's modifications to the Special Anchorage. As
requested by the City of Yonkers, the southern boundary of the Main
Street
[[Page 69528]]
anchorage area is moved 350 yards north thereby reducing the size of
the Main Street anchorage from .04 square nautical miles to .02 square
nautical miles.
We also received a letter from the Hudson River Pilots Association
advising that the northern edge of the Main Street Anchorage, being
approximately 550 feet south of their dock, does not provide an
adequate transit route for their pilot boat, especially during certain
tide and current conditions. The Pilots requested a minimum 1000-foot
buffer to ensure safe passage for all mariners involved. The Coast
Guard has considered the Pilots' request and concluded that the 550-
foot buffer does provide adequate room for all mariners to navigate
within and around the Special Anchorage Area. Therefore no change from
the proposed anchorage is made to the final rule.
A slight revision was made to the position of the anchorage area at
JFK Marina. During the NPRM process, the Coast Guard requested that
NOAA review the coordinate conversion process we used to convert the
coordinates from the City's municipal maps to the navigational charts.
NOAA advised us that we had made an error in the conversion process.
Based upon this information, the Coast Guard advised the public of the
new coordinates through Local Notice to Mariners 35/04. No change was
made to the size or the shape of the anchorage, only the coordinates
were changed. Therefore a change from the proposed anchorage is made to
the final rule.
Regulatory Evaluation
This 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 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 rule conforms
to the changing needs of the City of Yonkers and the changing needs of
recreational vessels along the Hudson River. This 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 have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
If the rule will 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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule 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 rule under
that Order and have determined that it does not have implications for
federalism. The two comments received by the Coast Guard which resulted
in a change to this Final Rule do not affect our analysis under
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble. This
rule will not impose an unfunded mandate.
Taking of Private Property
This rule does 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 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
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This 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 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
[[Page 69529]]
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 standards bodies. This rule did not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.
Environment
The Coast Guard has considered the environmental impact of this
rule and concluded that, under figure 2-1, paragraph 34(f), of
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environment documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES. This rule fits paragraph 34(f) of
Commandant Instruction M16475.1D as it establishes two special
anchorage areas.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Regulations
0
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 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.
0
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]54'11.2'' W; thence northwest to point 40[deg]56'16.7'' N,
073[deg]54'20.2'' W; thence south to point 40[deg]56'08.9'' N,
073[deg]54'22.6'' W; thence southeast to point 40[deg]56'07.9'' N,
073[deg]54'16.9'' W; thence south to the Recreational Pier of the City
of Yonkers at point 40[deg]56'07.0'' N, 073[deg]54'17.3'' 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]57'28.0'' N,
073[deg]53'46.1'' W; thence west to point 40[deg]57'30.5'' N,
073[deg]53'56.7'' 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]57'06.0'' N,
073[deg]53'59.5'' 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: November 9, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-26337 Filed 11-29-04; 8:45 am]
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