[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Proposed Rules]
[Pages 76943-76946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31118]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0794]
RIN 1625-AA11
Regulated Navigation Area; Hudson River South of the Troy Locks,
NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a Regulated Navigation
Area (RNA) on the navigable waters of the Hudson River in New York,
south of the Troy Locks. This action is necessary to promote
navigational safety, provide for the safety of life and property, and
facilitate the reasonable demands of commerce. This action would impose
restrictions on vessels operating within the waters of the Hudson River
south of the Troy Locks when ice is a threat to navigation.
DATES: Comments and related material must be received by the Coast
Guard on or before January 10, 2011. Requests for public meetings must
be received by the Coast Guard on or before December 27, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0794 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
[[Page 76944]]
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Chief Warrant Officer Kary Moss, Coast Guard
Sector New York Waterways Management Division; telephone 718-354-4117,
e-mail [email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0794), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0794'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8[frac12] by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0794'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before December 27, 2010 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting 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.
Basis and Purpose
Historically ice has been an impediment to navigation during
certain times of the year on the navigable waters of the Hudson River
south of the Troy Locks. West Point, Crum Elbow, Esopus Meadows,
Stuyvesant Anchorage, Hudson Anchorage, Silver Point, and Hyde Park are
all natural choke points on the Hudson River where ice buildup has the
potential to severely restrict vessel traffic.
There are several situations faced by vessels during severe winter
conditions that can place the vessels, passengers, and crew in great
danger including being beset in the ice and ice accretion, where ice
forms on the superstructure and decks of transiting vessels thereby
affecting the vessel's stability. Ice may also cause significant damage
to propellers, rudders, and hull plating.
The formation of ice on the Hudson River is subject to many
variables and is not consistent from year to year. During a moderate or
severe winter, the frozen waterways may impede a vessel's ability to
maneuver. Once ice build-up begins it can affect the transit of vessels
on the navigable waterways. In addition a vessel's watertight integrity
may also be compromised by ice abrasion and ice pressure on the
vessel's hull.
Ice floes on the navigable waterways may also cause visual aids to
navigation to become submerged, destroyed, or moved off station. Ice
conditions on the navigable waterways may create hazardous conditions
in which the operations of certain vessels become unsafe.
Previous ice seasons have shown that vessels with less than 3000
horsepower, while engaged in towing operations, have significant
difficulty transiting the Hudson River in locations where ice thickness
is on average eight inches or greater. This difficulty in transiting
the Hudson River during ice buildup poses a safety threat to the
environment and a potential hazard to navigation.
It sometimes becomes necessary to impose operating restrictions to
ensure the safe navigation of vessels. During the 2009-2010 ice
navigation season the Coast Guard promulgated a Temporary Final Rule
that established an RNA for that period. That rule established
restrictions similar to those that the Coast Guard proposes in this
rule. This proposed rule allows the Coast Guard to restrict and manage
vessel movement when hazardous ice conditions exist within a specified
area of the Hudson River.
[[Page 76945]]
Discussion of Proposed Rule
The Coast Guard proposes to establish a Regulated Navigation Area
on the navigable waters of the Hudson River south of the Troy Locks.
The Regulated Navigation Area is intended to restrict vessels with less
than 3000 horsepower (HP) engaged in towing operations from operating
on the Hudson River south of the Troy Locks when ice thickness is on
average eight inches or greater, unless authorized by the Captain of
the Port (COTP) New York or a designated representative.
The COTP New York will notify mariners of the location and
thickness of the ice as well as any restrictions via marine broadcast,
Local Notices to Mariners, and VTS New York. For the purpose of this
rule, the definition of horsepower in 46 CFR 10.107 applies.
When the ice thickness reaches an average of eight inches or
greater on the Hudson River along reported routes, vessels of less than
3,000 HP engaged in towing operations would not be authorized to
transit unless in conjunction with scheduled Coast Guard icebreaking
operations in the area, or operating with an assist tug or as part of a
convoy, or specifically authorized by the COTP New York.
Operators of vessels that do not meet the criteria of the operating
restrictions, but who believe that they have the capability to operate
in ice safely, may seek a waiver from the COTP New York to continue
operating. Waivers may be requested by calling telephone number (718)
354-4356 or on VHF channel 13 or 16.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below, we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
The Coast Guard's implementation of the proposed Regulated
Navigation Area will only be enforced at the location on the navigable
waters of the Hudson River south of the Troy Locks where ice conditions
on average are eight inches or greater, and only restrict vessels that
are less than 3,000 horsepower while engaged in towing operations.
Before the effective period, the Coast Guard will issue maritime
advisories widely available to users of the navigable waters of the
Hudson River. Furthermore, vessels affected by this restriction may be
authorized to transit the zone with permission of the Captain of the
Port New York. Requests to transit may be made by calling telephone
number (718) 354-4356 or on VHF channel 13 or 16.
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 will affect the following
entities, some of which may be small entities: The owners and operators
of tugs with engines below 3,000 total horsepower attempting to transit
the Hudson River in cold weather months when ice thickness is on
average eight inches or greater.
This RNA would not have a significant economic impact on a
substantial number of small entities for the following reasons: Tugs
with less than 3,000 total horsepower have historically been unable to
transit the Hudson River when ice thickness is on average eight inches
or greater. Operators have generally taken these vessels out of service
or use vessels that are capable of operating in such conditions. Before
the effective period, the Coast Guard will issue maritime advisories
widely available to users of the 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, contact CWO Kary Moss at 718-354-4117. The
Coast Guard will not retaliate against small entities that question or
complain about this proposed 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 (adjusted for
inflation) 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 cause 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
[[Page 76946]]
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 Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, 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 this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a Regulated Navigation Area restricting tugs
with less than 3,000 total horsepower from transiting the Hudson River
when ice thickness is on average eight inches or greater. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.165 to read as follows:
Sec. 165.165 Regulated Navigation Area; Hudson River south of the
Troy Locks, New York.
(a) Regulated navigation area. All navigable waters of the Hudson
River south of the Troy Locks.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer, or a Federal, State, or local law
enforcement officer designated by or assisting the Captain of the Port
(COTP) New York.
(2) Horsepower (HP) means the total maximum continuous shaft
horsepower of all the vessel's main propulsion machinery.
(c) Applicability. This section applies to tugs with less than
3,000 horsepower when engaged in towing operations.
(d) Regulations. (1) Except as provided in paragraph (c)(3) of this
section, vessels less than 3,000 horsepower while engaged in towing
operations are not authorized to transit that portion of the Hudson
River south of the Troy Locks when ice thickness on average is eight
inches or greater.
(2) All Coast Guard assets enforcing this Regulated Navigation Area
can be contacted on VHF marine band radio, channel 13 or 16. The COTP
can be contacted at (718) 354-4356, and the public may contact the COTP
to suggest changes or improvements in the terms of this Regulated
Navigation Area.
(3) All persons desiring to transit through a portion of the
regulated area that has operating restrictions in effect must contact
the COTP at telephone number (718) 354-4356 or on VHF channel 13 or 16
to seek permission prior to transiting the affected regulated area.
(4) The COTP will notify the public of any changes in the status of
this Regulated Navigation Area by Marine Safety Information Broadcast
on VHF-FM marine band radio, channel 22A (157.1 MHZ).
Dated: November 29, 2010.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-31118 Filed 12-9-10; 8:45 am]
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