[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Proposed Rules]
[Page 66708-66711]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-26]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD01-06-027]
RIN 1625-AA01
Anchorage Regulations; Port of New York
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the duration vessels are
authorized to anchor in specific anchorage grounds within the Port of
New York and New Jersey (PONYNJ). This proposed action is necessary to
facilitate safe navigation and provide for the overall safe and
efficient flow of waterborne commerce. This proposed action is intended
to better facilitate the efficient use of the limited deep water
anchorage grounds available in PONYNJ.
DATES: Comments and related material must reach the Coast Guard on or
before December 18, 2006.
ADDRESSES: You may mail comments and related material to Waterways
Management Division (CGD01-06-027), Coast Guard Sector New York, 212
Coast Guard Drive, Room 321, Staten Island, New York 10305. The
Waterways Management Division of Coast Guard Sector New York maintains
the public docket for this rulemaking. 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 321, Coast Guard Sector
New York, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. McBrady,
Waterways Management Division, Coast
[[Page 66709]]
Guard Sector New York at (718) 354-2353.
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 (CGD01-06-
027), 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 them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Management Division
at the address under ADDRESSES explaining why one would be beneficial.
If we determine that one 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
The Coast Guard proposes to revise the duration that vessels are
authorized to anchor in Federal Anchorage Grounds 19, 21-A, 21-B, 21-C,
and 25 in the PONYNJ. These proposed revisions are necessary due to the
limited amount of deep water anchorage space available in the Hudson
River, Upper and Lower Bay of New York Harbor.
In recent years, as the number of ships in port has increased and
their sizes have grown, the anchorage grounds have frequently been
filled to capacity. According to the Harbor Safety, Operations, and
Navigation Committee of the Port of New York and New Jersey (HAROPS),
which represents a broad spectrum of the local maritime industry,
having adequate anchorage space is critical to the overall safety and
economic vitality of the port. The limited availability of anchorage
space has caused undue economic burden for ships that are forced to
anchor outside the port in the vicinity of Ambrose Tower, sometimes for
days, while awaiting anchorage space. Vessels have been unable to
complete their business, including re-supply, lightering, and
bunkering, in a cost-efficient manner and sometimes have forgone
obtaining services in New York because of the delays. The
unavailability of anchorage space also increases safety risks by
forcing ships to take on provisions while underway and potentially
preventing ships from anchoring in an emergency.
The proposed revisions would increase the availability of anchorage
space by reducing the amount of time that a vessel may remain at
anchor. The revisions would also limit the number vessels from
loitering in the lower Hudson River, Bay Ridge, and Gravesend Bay
anchorages.
Discussion of Proposed Rule
The proposed rule would establish a 96-hour limit on the duration
of stay for vessels anchoring in Federal Anchorage Grounds 19, 21-A,
21-B, 21-C, and 25. Currently, 33 CFR 110.155(k)(3) establishes an
impractical anchorage duration of 30 days. We note that the 48-hour
limit for anchoring in Stapleton Anchorage (Federal Anchorage Grounds
23-A, 23-B, and 24) and Federal Anchorage Ground 44 would remain the
same and not be affected by this proposed rule.
Implementing this time restriction for the lower Hudson River, Bay
Ridge, and Gravesend Bay anchorage grounds will provide for the
effective use of this valuable and limited port resource, thus,
minimizing vessel delays. The affected Anchorage Grounds would continue
to be managed by the Coast Guard Vessel Traffic Service New York (VTS).
As part of their anchorage management function, VTS New York will make
decisions on requests to extend a vessel's stay at an anchorage beyond
the prescribed duration limit.
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 section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This finding
is based on the following facts:
This proposal would allow the Coast Guard to better manage the
increasing and changing needs of commercial vessels and to make the
best use of the limited available Anchorage Grounds. Vessels normally
complete bunkering or lightering operations within the Anchorage
Grounds within 48 hours. Additionally, due to security concerns at
facilities, more vessels need to replenish supplies while at anchor,
which normally takes no longer than 8 hours. This proposal would allow
shipping lines, owners, agents, and others in the shipping industry to
operate more efficiently in the Port of New York and New Jersey.
The current 30-day limit for vessels to remain at anchor is an
inefficient use of the limited, extremely busy Anchorage Grounds within
the PONYNJ since vessels not conducting port related operations could
easily anchor offshore while awaiting pier space, supply deliveries,
sailing orders, etc. Additionally, this proposal would allow the
commercial vessel industry to more efficiently conduct final
preparations for sea in a protected Anchorage Ground, as opposed to
conducting preparations during outbound transit in the vicinity of the
six vessel traffic lanes that converge on Ambrose Light (LLNR 720).
This proposed rule is in the interest of safe and efficient navigation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 commercial
vessels intending to anchor in a portion of the Hudson River, Upper New
York Bay, or Lower New York Bay. This proposal, however, would not have
a significant economic impact on these entities for the reasons stated
above in the Regulatory Evaluation section.
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.
[[Page 66710]]
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 Lieutenant Commander M. McBrady,
Waterways Management Division, Coast Guard Sector New York at (718)
354-2353. 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.
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
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 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
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 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 might
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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
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.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(f), of the
Instruction, from further environmental documentation. This rule fits
the category selected from paragraph (34)(f) as it would revise the
duration a vessel could anchor in a Federal Anchorage Ground.
A preliminary ``Environmental Analysis Check List'' is 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.
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. Amend Sec. 110.155 by adding paragraphs (c)(5)(vi),
(d)(10)(ii), (d)(11)(iii), (d)(12)(iii), and (e)(1)(iii), to read as
follows:
Sec. 110.155 Port of New York.
* * * * *
(c) * * *
(5) * * *
(vi) No vessel may occupy this anchorage for a period of time in
excess of 96 hours without prior approval of the Captain of the Port.
* * * * *
(d) * * *
(10) * * *
(ii) No vessel may occupy this anchorage for a period of time in
excess of 96 hours without prior approval of the Captain of the Port.
(11) * * *
(iii) No vessel may occupy this anchorage for a period of time in
excess
[[Page 66711]]
of 96 hours without prior approval of the Captain of the Port.
(12) * * *
(iii) No vessel may occupy this anchorage for a period of time in
excess of 96 hours without prior approval of the Captain of the Port.
* * * * *
(e) * * *
(1) * * *
(iii) No vessel may occupy this anchorage for a period of time in
excess of 96 hours without prior approval of the Captain of the Port.
* * * * *
Dated: October 30, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-19314 Filed 11-15-06; 8:45 am]
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