[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Rules and Regulations]
[Page 30615-30617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my06-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CG01-05-101]
RIN 1625-AA01 (Previously reported as RIN 1625-AA98)
Anchorage Regulations; Port of New York and Vicinity
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a Special Anchorage Area in
Haverstraw Bay on the Hudson River adjacent to Haverstraw, NY. 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,
and provide for the overall safe and efficient flow of recreational
vessel traffic and commerce.
DATES: This rule is effective June 29, 2006.
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 (CGD01-05-101) and are available for inspection or
copying at Waterways Management Division (CGD01-05-101), Coast Guard
Sector New York, 212 Coast Guard Drive, room 321, Staten Island, New
York 10305 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:
Regulatory Information
On January 19, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Anchorage Regulations; Port of New York and Vicinity in
the Federal Register (71 FR 3025). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
Background and Purpose
As part of a waterfront revitalization effort the Village of
Haverstraw is encouraging waterfront use by the general public. This
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 an 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 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 will 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 Comments and Changes
No comments were received, and no changes were made from the
proposed rule.
Discussion of Rule
This rule creates a new special anchorage area located on the
Hudson River at the Village of Haverstraw, New York, on Haverstraw Bay.
It includes all waters 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). All coordinates are North American Datum 1983
(NAD 83).
The special anchorage area is 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
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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 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this 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 special anchorage area
does not extend past the 18-foot contour on the west side of the Hudson
River, which leaves approximately 1,680 yards of safe water before
reaching the 18-foot contour on the east side of the Hudson River. The
resulting impact to vessel transits in this area is so minimal, because
the special anchorage area leaves more than enough room for the
navigation of all vessels. This will allow for greater safety of
navigation and traffic in the area, while also providing for a
substantial improvement to the safety of anchorages in the area.
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.
This rule will 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 or through the special anchorage area. However, this special
anchorage area will not have a significant economic impact on these
entities for the following reasons. The 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.
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 could better evaluate
its effects on them and participate in the rulemaking process. The
Coast Guard did not receive any requests for assistance with this
rulemaking.
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).
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.
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.
Taking of Private Property
This rule will not effect 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 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 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 might
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 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.
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. 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
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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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
and Department of Homeland Security Management Directive 5100.1, 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 environmental
documentation. This rule fits the category selected from paragraph
(34)(f) as it establishes a special anchorage area.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
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. Amend Sec. 110.60 to add new paragraph (p)(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: May 11, 2006.
Mark J. Campbell,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E6-8298 Filed 5-26-06; 8:45 am]
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