Anchorage Regulations; Port of New York and Vicinity, 30615-30617 [E6-8298]

Download as PDF Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations Dated: May 15, 2006. S. Ratti, Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, Acting. [FR Doc. E6–8219 Filed 5–26–06; 8:45 am] PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: I Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. BILLING CODE 4910–15–P 2. Add temporary § 100.35-T05–020 to read as follows: DEPARTMENT OF HOMELAND SECURITY § 100.35–T05–020, Sharptown, MD. Coast Guard rmajette on PROD1PC67 with RULES1 I Nanticoke River, (a) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the Bo Bowman Memorial—Sharptown Regatta under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Baltimore. (b) Regulated area includes all waters of the Nanticoke River, near Sharptown, Maryland, between Maryland S.R. 313 Highway Bridge and Nanticoke River Light 43 (LLN 24175), bounded by a line drawn between the following points: southeasterly from latitude 38°32′46″ N, longitude 075°43′14″ W; to latitude 38°32′42″ N, longitude 075°43′09″ W; thence northeasterly to latitude 38°33′04″ N, longitude 075°42′39″ W; thence northwesterly to latitude 38°33′09″ N, longitude 075°42′44″ W; thence southwesterly to latitude 38°32′46″ N, longitude 075°43′14″ W. All coordinates reference Datum NAD 1983. (c) Special local regulations: (1) Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any Official Patrol. (iii) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that reduces wake near the race course. (d) Enforcement period. This section will be enforced from 9:30 a.m. to 6:30 p.m. on June 17 and 18, 2006. VerDate Aug<31>2005 14:16 May 26, 2006 Jkt 208001 33 CFR Part 110 [CG01–05–101] RIN 1625–AA01 (Previously reported as RIN 1625–AA98) Anchorage Regulations; Port of New York and Vicinity Coast Guard, DHS. Final rule. AGENCY: ACTION: 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. PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 30615 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°11′25.2″ N, 073°57′19.9″ W; thence to 41°11′34.2″ N, 073°57′00.8″ W; thence to 41°11′41.9″ N, 073°57′07.5″ W; thence to 41°11′31.8″ N, 073°57′26.5″ W; thence to 41°11′30.8″ N, 073°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 E:\FR\FM\30MYR1.SGM 30MYR1 30616 Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations 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. rmajette on PROD1PC67 with RULES1 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 VerDate Aug<31>2005 14:16 May 26, 2006 Jkt 208001 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 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 $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 E:\FR\FM\30MYR1.SGM 30MYR1 Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations 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. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: I 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 § 110.60 to add new paragraph (p)(p–3) to read as follows: I § 110.60 Port of New York and vicinity. rmajette on PROD1PC67 with RULES1 * * * * * (p) * * * (p–3) Hudson River, at Village of Haverstraw. That portion of the Hudson River bound by the following points: 41°11′25.2″ N, 073°57′19.9″ W; thence to 41°11′34.2″ N, 073°57′00.8″ W; thence to VerDate Aug<31>2005 14:16 May 26, 2006 Jkt 208001 41°11′41.9″ N, 073°57′07.5″ W; thence to 41°11′31.8″ N, 073°57′26.5″ W; thence to 41°11′30.8″ N, 073°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] BILLING CODE 4910–15–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 36 RIN 2900–AM38 Amended Delegation of Authority— Property Management Contractor Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) is amending its delegation of authority to the property management contractor under its housing loan program. This amendment will permit the property management contractor’s Regional Managers to execute documents necessary for the management and sale of single-family properties acquired by VA under its housing loan guaranty program. DATES: Effective Date: May 30, 2006. FOR FURTHER INFORMATION CONTACT: William W. Lutes, Assistant Director for Property Management and Strategic Development (263), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Ave., Washington, DC 20420, telephone 202–273–7379. SUPPLEMENTARY INFORMATION: The provisions of 38 U.S.C. chapter 37 authorize the Secretary of Veterans Affairs to guarantee (or make) loans to veterans. Following the termination of guaranteed loans that have been in serious default, the holder of such loan may, pursuant to 38 U.S.C. 3732(c), elect to convey to the Secretary the property which had secured the loan. VA sells the properties so acquired to the general public in order to reduce the loss to the Federal Treasury on the guaranteed loan. The sale of such properties is not a veterans’ benefit granted under title 38, United States Code. VA has contracted with a private entity to handle the management and resale of VA’s inventory of acquired properties. To facilitate the contract’s objectives, VA, in 38 CFR 36.4342(f)(2), has delegated to designated officials of SUMMARY: PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 30617 that entity the authority to execute, on behalf of VA, routine documents necessary for the management and sale of VA acquired properties. The designated officials under such delegation are the Senior Vice President, Vice President, Assistant Vice President, Assistant Secretary, Director, and Senior Manager. This rule amends 38 CFR 36.4342(f)(2) to add the position of ‘‘Regional Manager’’ to the list of officers of the contractor to whom the Secretary has delegated authority to execute such property management and sales documents. Workload and staffing of the contractor has led VA to conclude that so expanding the list of positions to which this authority is delegated will increase the efficiency of the administration of the property management contract. Administrative Procedure Act This final rule concerns agency statements of policy, organization, procedure, or practice, and pursuant to 5 U.S.C. 553, is exempt from the notice and comment and delayed effective date requirements. Unfunded Mandates The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more (adjusted annually for inflation) in any given year. This final rule would have no such effect on State, local, and tribal governments, or the private sector. Paperwork Reduction Act This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501–3521). Regulatory Flexibility Act The Secretary of Veterans Affairs hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601–612. The final rule relates to agency management and personnel and does not contain substantive provisions affecting small entities. Accordingly, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. E:\FR\FM\30MYR1.SGM 30MYR1

Agencies

[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Rules and Regulations]
[Pages 30615-30617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8298]


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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.

-----------------------------------------------------------------------

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

[[Page 30616]]

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

[[Page 30617]]

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]
BILLING CODE 4910-15-P