[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Proposed Rules]
[Page 3025-3027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja06-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CG01-05-101]
RIN 1625-AA98
Anchorage Regulations; Port of New York and Vicinity
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a Special Anchorage Area
in Haverstraw Bay on the Hudson River adjacent to Haverstraw, NY. 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, 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 March 20, 2006.
ADDRESSES: You may mail comments and related material to Waterways
Management Division (CGD01-05-101), 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 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 (CGD01-05-
101), 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
As part of a waterfront revitalization effort the Village of
Haverstraw is encouraging waterfront use by the general public. This
proposed rule is in response to a request made by the Village of
Haverstraw to ensure the safe navigation of increased vessel traffic
expected to arrive along the village waterfront due to this
revitalization effort.
The Coast Guard is designating the area as a special anchorage area
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 proposed
special anchorage area will be located on the west side of the Hudson
River about 1,800 yards south of Bowline Point, 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.
This special anchorage area is part of a waterfront revitalization
project authorized under U.S. Army Corps of Engineers permit number
2004-00596-YR.
Discussion of Proposed Rule
The proposed rule would create a new special anchorage area located
on the Hudson River at the Village of Haverstraw, New York, on
Haverstraw Bay. It would include all waters of the Hudson River bound
by the following points: 41[deg]11[min]25.2[sec] N,
073[deg]57[min]19.9[sec] W; thence to 41[deg]11[min]34.2[sec] N,
073[deg]57[min]00.8[sec] W; thence to 41[deg]11[min]41.9[sec] N,
073[deg]57[min]07.5[sec] W; thence to 41[deg]11[min]31.8[sec] N,
073[deg]57[min]26.5[sec] W; thence to 41[deg]11[min]30.8[sec] N,
073[deg]57[min]24.9[sec] W; thence to the point of origin (NAD 1983).
All proposed coordinates are North American Datum 1983 (NAD 83).
The special anchorage area 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) nor 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.
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
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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 (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This finding is based on the fact that this proposal conforms to
the changing needs of the Village of Haverstraw 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 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 recreational
or commercial vessels intending to transit in a portion of the Hudson
River near the special anchorage area. However, this special anchorage
area would not have a significant economic impact on these entities for
the following reasons. The proposed special anchorage area does not
extend past the 18-foot contour on the west side of the Hudson River.
This leaves approximately 1,680 yards of safe water before reaching the
18-foot contour on the east side of the Hudson River. It is also about
800 yards from the 600-foot wide Hudson River Federal Project Channel.
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 this special anchorage area will not impede safe and
efficient vessel transits 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 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 an
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
[[Page 3027]]
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, which guides 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 establish a
special anchorage area.
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. In Sec. 110.60 add new paragraph (p-3) to read as follows:
Sec. 110.60 Port of New York and vicinity.
* * * * *
(p) * * *
(p-3) Hudson River, at Village of Haverstraw. That portion of the
Hudson River bound by the following points: 41[deg]11'25.2'' N,
073[deg]57'19.9'' W; thence to 41[deg]11'34.2'' N, 073[deg]57'00.8'' W;
thence to 41[deg]11'41.9'' N, 073[deg]57'07.5'' W; thence to
41[deg]11'31.8'' N, 073[deg]57'26.5'' W; thence to 41[deg]11'30.8'' N,
073[deg]57'24.9'' W; thence to the point of origin (NAD 1983).
* * * * *
Dated: December 7, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E6-583 Filed 1-18-06; 8:45 am]
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