Anchorage Regulations; Port of New York and Vicinity, 26054-26056 [E8-10259]
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26054
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Proposed Rules
stabilizing or control surface; to a
powerplant installation; or to an
airspeed, altimeter, rate of climb, flight
attitude instrument system, or wing,
except that takeoffs may be made with
frost under the wing in the area of the
fuel tanks if authorized by the FAA.
*
*
*
*
*
(c) No pilot may fly under IFR into
known or forecast light or moderate
icing conditions or under VFR into
known light or moderate icing
conditions, unless—
(1) The aircraft has functioning
deicing or anti-icing equipment
protecting each rotor blade, propeller,
windshield, wing, stabilizing or control
surface, and each airspeed, altimeter,
rate of climb, or flight attitude
instrument system; or
(2) The airplane has ice protection
provisions that meet section 34 of
appendix A of this part; or
(3) The airplane meets transport
category airplane type certification
provisions.
*
*
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Issued in Washington, DC, on May 2, 2008.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. E8–10246 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–13–P
Public Participation and Request for
Comments
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG–2008–0047]
RIN 1625–AA01
Anchorage Regulations; Port of New
York and Vicinity
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
amend the existing special anchorage
area at Perth Amboy, New Jersey, at the
junction of the Raritan River and Arthur
Kill. This proposed action is necessary
to facilitate safe navigation and provide
for a safe and secure anchorage for
vessels of not more than 65 feet in
length. This action is intended to
increase the safety of life and property
on the Raritan River and Arthur Kill,
improve the safety of anchored vessels,
and provide for the overall safe and
efficient flow of vessel traffic and
commerce.
rwilkins on PROD1PC63 with PROPOSALS
SUMMARY:
Comments and related material
must reach the Coast Guard on or before
June 9, 2008.
DATES:
VerDate Aug<31>2005
16:57 May 07, 2008
Jkt 214001
You may submit comments
identified by Coast Guard docket
number USCG–2008–0047 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Mr. Jeff Yunker, Waterways
Management Coordinator, 718–354–
4195. 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:
ADDRESSES:
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0047),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
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submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them 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. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0047) in the
Search Box, and click ‘‘Go >>.’’ You
may also visit either the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; or the
Waterways Management Division, Coast
Guard Sector New York, 212 Coast
Guard Drive, Room 210, Staten Island,
New York 10305.
Privacy Act
Anyone can search the electronic
form of all 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 the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility 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
During times of tidal shifts, vessels
moored near the edge of this Special
Anchorage Area were found swinging
out into the Raritan River Cutoff and the
Raritan River federal channels. Since
moored vessels in a Special Anchorage
Area are exempt from the Inland Rules
of the Road [Rule 30 (33 U.S.C 2030)
and Rule 35 (33 U.S.C. 2035)]; vessels
swinging out into these federal channels
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Proposed Rules
create a high risk of collision with larger
commercial vessels that transit past this
Special Anchorage Area especially at
night and during times of inclement
weather. Also, when larger commercial
vessels maneuver to avoid a collision
with recreation vessels that swing out
into these channels it creates a
hazardous, close-quarters passing
situation with other larger commercial
vessels operating within these federal
channels.
This rulemaking is intended to reduce
the risk of vessel collisions by adding
amplifying information regarding the
use of the Special Anchorage Area. This
would be accomplished by adding the
following note to the regulation: ‘‘Note:
This area is limited to vessels no greater
than 20 meters in length and is
primarily for use by recreational craft on
a seasonal or transient basis. These
regulations do not prohibit the
placement of moorings within the
anchorage area, but requests for the
placement of moorings should be
directed to the local government to
ensure compliance with local and state
laws. All moorings shall be so placed
that no vessel, when anchored, will at
any time extend beyond the limits of the
area. Fixed mooring piles or stakes are
prohibited. Mariners are encouraged to
contact the local harbormaster for any
additional ordinances and to ensure
compliance with additional applicable
state and local laws.’’
This will greatly increase navigation
safety and is necessary due to the
boundary of the Special Anchorage Area
being within 15 yards of the Raritan
River Cutoff and Raritan River federal
channels.
Discussion of Proposed Rule
The proposed rule would add a
regulatory note to the Special
Anchorage Area. This note would
require all moorings be placed so that
no vessel, when anchored, will at any
time extend beyond the limits of the
Special Anchorage Area.
We are proposing this rulemaking due
to the information provided in the
Background and Purpose section above.
rwilkins on PROD1PC63 with PROPOSALS
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
VerDate Aug<31>2005
16:57 May 07, 2008
Jkt 214001
a full Regulatory Evaluation is
unnecessary.
This finding is based on the fact that
this proposal would require recreational
vessels to anchor a greater distance from
the Raritan River Cutoff and Raritan
River federal channels. As displayed on
the government navigation charts, the
current boundaries of the Special
Anchorage Area and adjacent federal
channels nearly overlap. This would
greatly reduce the possibility of marine
casualties, pollution incidents, or
human fatalities that could be caused by
these recreational vessels anchoring
within, or near, the federal channels and
causing a collision with any of the
approximately 5,000 commercial vessels
that transit the Raritan River Cutoff
Channel on an annual basis. Vessel
transit statistics from the ACOE
Navigation Data Center are available
online at: https://
www.iwr.usace.army.mil/ndc/wcsc/
wcsc.htm. Additionally, vessels would
still be able to anchor in an area
approximately 850 to 1,050 yards wide
by 480 to 980 yards long off the
southern Perth Amboy shoreline.
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 vessels
intending to anchor immediately
adjacent to, Raritan River Cutoff and
Raritan River federal channels and
cause a marine casualty, pollution
incident, or human fatalities, due to a
commercial vessel colliding with the
anchored or moored recreational
vessel(s). It would also affect
commercial vessels by reducing the
possibility that they will encounter
hazardous, close-quarters passing
conditions created by recreational
vessels within the channels. However,
the requirements contained within the
regulatory note would not have a
significant economic impact on these
entities for the following reasons: The
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26055
proposed revised special anchorage area
would require vessels to moor, or
anchor, at a greater distance from the
Raritan River and Raritan River Cutoff
federal channels reducing the threat of
collision with vessels transiting the
adjacent federal channel. This Special
Anchorage Area was never designed to
authorize vessels to anchor, or moor, in
a manner where they would extend into
the federal channel creating a hazard to
navigation. Additionally, vessels would
still be able to anchor in an area
approximately 850 to 1,050 yards wide
by 480 to 980 yards long off the
southern Perth Amboy shoreline.
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 Mr. Jeff
Yunker, Waterways Management
Coordinator, Coast Guard Sector New
York at 718–354–4195. 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
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Proposed Rules
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 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 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.
rwilkins on PROD1PC63 with PROPOSALS
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
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16:57 May 07, 2008
Jkt 214001
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 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 this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. 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 110
Anchorage Grounds.
Words of Issuance and Proposed
Regulatory Text
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, 2071; Department of
Homeland Security Delegation No. 0170.1.
2. Amend § 110.60, by revising
paragraph (aa) to read as follows:
§ 110.60
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Port of New York and vicinity.
*
Frm 00014
*
Fmt 4702
*
Sfmt 4702
(aa) Perth Amboy, NJ. All waters
bound by the following points:
40°30′19.0″ N, 074°15′46.0″ W; thence to
40°30′17.0″ N, 074°15′39.0″ W; thence to
40°30′02.8″ N, 074°15′45.0″ W; thence to
40°29′36.0″ N, 074°16′09.2″ W; thence to
40°29′30.8″ N, 074°16′22.0″ W; thence to
40°29′47.2″ N, 074°16′52.0″ W; thence to
40°30′02.0″ N, 074°16′43.0″ W, thence
along the shoreline to the point of
origin.
Note: This area is limited to vessels no
greater than 20 meters in length and is
primarily for use by recreational craft on a
seasonal or transient basis. These regulations
do not prohibit the placement of moorings
within the anchorage area, but requests for
the placement of moorings should be
directed to the local government to ensure
compliance with local and state laws. All
moorings shall be so placed that no vessel,
when anchored, will at any time extend
beyond the limits of the area.
Fixed mooring piles or stakes are
prohibited. Mariners are encouraged to
contact the local harbormaster for any
additional ordinances and to ensure
compliance with additional applicable
state and local laws.
Dated: April 23, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. E8–10259 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF EDUCATION
34 CFR Part 5b
[Docket ID ED–2008–OM–0004]
RIN 1880–AA85
Privacy Act Regulations
Office of Management,
Department of Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Department of Education
(Department) proposes to amend its
regulations implementing the Privacy
Act of 1974, as amended (Privacy Act).
These proposed regulations would
amend the Department’s current Privacy
Act regulations to exempt from certain
Privacy Act requirements investigative
material in a new system of records to
be maintained by the Department that
will be known as the Office of Inspector
General Data Analytics System (ODAS)
(18–10–02). Specifically, the exemption
would apply to materials compiled by
the Department’s Office of Inspector
General (OIG) for law enforcement
purposes to identify internal control
weaknesses and system issues and to
improve methods of data modeling and
E:\FR\FM\08MYP1.SGM
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Agencies
[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Proposed Rules]
[Pages 26054-26056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10259]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2008-0047]
RIN 1625-AA01
Anchorage Regulations; Port of New York and Vicinity
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the existing special
anchorage area at Perth Amboy, New Jersey, at the junction of the
Raritan River and Arthur Kill. This proposed action is necessary to
facilitate safe navigation and provide for a safe and secure anchorage
for vessels of not more than 65 feet in length. This action is intended
to increase the safety of life and property on the Raritan River and
Arthur Kill, improve the safety of anchored vessels, and provide for
the overall safe and efficient flow of vessel traffic and commerce.
DATES: Comments and related material must reach the Coast Guard on or
before June 9, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0047 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) 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.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Jeff Yunker, Waterways Management Coordinator, 718-354-
4195. 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 https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0047), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them 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. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0047)
in the Search Box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Waterways Management Division, Coast Guard Sector New
York, 212 Coast Guard Drive, Room 210, Staten Island, New York 10305.
Privacy Act
Anyone can search the electronic form of all 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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
During times of tidal shifts, vessels moored near the edge of this
Special Anchorage Area were found swinging out into the Raritan River
Cutoff and the Raritan River federal channels. Since moored vessels in
a Special Anchorage Area are exempt from the Inland Rules of the Road
[Rule 30 (33 U.S.C 2030) and Rule 35 (33 U.S.C. 2035)]; vessels
swinging out into these federal channels
[[Page 26055]]
create a high risk of collision with larger commercial vessels that
transit past this Special Anchorage Area especially at night and during
times of inclement weather. Also, when larger commercial vessels
maneuver to avoid a collision with recreation vessels that swing out
into these channels it creates a hazardous, close-quarters passing
situation with other larger commercial vessels operating within these
federal channels.
This rulemaking is intended to reduce the risk of vessel collisions
by adding amplifying information regarding the use of the Special
Anchorage Area. This would be accomplished by adding the following note
to the regulation: ``Note: This area is limited to vessels no greater
than 20 meters in length and is primarily for use by recreational craft
on a seasonal or transient basis. These regulations do not prohibit the
placement of moorings within the anchorage area, but requests for the
placement of moorings should be directed to the local government to
ensure compliance with local and state laws. All moorings shall be so
placed that no vessel, when anchored, will at any time extend beyond
the limits of the area. Fixed mooring piles or stakes are prohibited.
Mariners are encouraged to contact the local harbormaster for any
additional ordinances and to ensure compliance with additional
applicable state and local laws.''
This will greatly increase navigation safety and is necessary due
to the boundary of the Special Anchorage Area being within 15 yards of
the Raritan River Cutoff and Raritan River federal channels.
Discussion of Proposed Rule
The proposed rule would add a regulatory note to the Special
Anchorage Area. This note would require all moorings be placed so that
no vessel, when anchored, will at any time extend beyond the limits of
the Special Anchorage Area.
We are proposing this rulemaking due to the information provided in
the Background and Purpose section above.
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 fact that this proposal would require
recreational vessels to anchor a greater distance from the Raritan
River Cutoff and Raritan River federal channels. As displayed on the
government navigation charts, the current boundaries of the Special
Anchorage Area and adjacent federal channels nearly overlap. This would
greatly reduce the possibility of marine casualties, pollution
incidents, or human fatalities that could be caused by these
recreational vessels anchoring within, or near, the federal channels
and causing a collision with any of the approximately 5,000 commercial
vessels that transit the Raritan River Cutoff Channel on an annual
basis. Vessel transit statistics from the ACOE Navigation Data Center
are available online at: https://www.iwr.usace.army.mil/ndc/wcsc/
wcsc.htm. Additionally, vessels would still be able to anchor in an
area approximately 850 to 1,050 yards wide by 480 to 980 yards long off
the southern Perth Amboy shoreline.
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
vessels intending to anchor immediately adjacent to, Raritan River
Cutoff and Raritan River federal channels and cause a marine casualty,
pollution incident, or human fatalities, due to a commercial vessel
colliding with the anchored or moored recreational vessel(s). It would
also affect commercial vessels by reducing the possibility that they
will encounter hazardous, close-quarters passing conditions created by
recreational vessels within the channels. However, the requirements
contained within the regulatory note would not have a significant
economic impact on these entities for the following reasons: The
proposed revised special anchorage area would require vessels to moor,
or anchor, at a greater distance from the Raritan River and Raritan
River Cutoff federal channels reducing the threat of collision with
vessels transiting the adjacent federal channel. This Special Anchorage
Area was never designed to authorize vessels to anchor, or moor, in a
manner where they would extend into the federal channel creating a
hazard to navigation. Additionally, vessels would still be able to
anchor in an area approximately 850 to 1,050 yards wide by 480 to 980
yards long off the southern Perth Amboy shoreline.
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 Mr. Jeff Yunker, Waterways
Management Coordinator, Coast Guard Sector New York at 718-354-4195.
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
[[Page 26056]]
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 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 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 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 this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. 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 110
Anchorage Grounds.
Words of Issuance and Proposed Regulatory Text
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, 2071;
Department of Homeland Security Delegation No. 0170.1.
2. Amend Sec. 110.60, by revising paragraph (aa) to read as
follows:
Sec. 110.60 Port of New York and vicinity.
* * * * *
(aa) Perth Amboy, NJ. All waters bound by the following points:
40[deg]30[min]19.0[sec] N, 074[deg]15[min]46.0[sec] W; thence to
40[deg]30[min]17.0[sec] N, 074[deg]15[min]39.0[sec] W; thence to
40[deg]30[min]02.8[sec] N, 074[deg]15[min]45.0[sec] W; thence to
40[deg]29[min]36.0[sec] N, 074[deg]16[min]09.2[sec] W; thence to
40[deg]29[min]30.8[sec] N, 074[deg]16[min]22.0[sec] W; thence to
40[deg]29[min]47.2[sec] N, 074[deg]16[min]52.0[sec] W; thence to
40[deg]30[min]02.0[sec] N, 074[deg]16[min]43.0[sec] W, thence along the
shoreline to the point of origin.
Note: This area is limited to vessels no greater than 20 meters
in length and is primarily for use by recreational craft on a
seasonal or transient basis. These regulations do not prohibit the
placement of moorings within the anchorage area, but requests for
the placement of moorings should be directed to the local government
to ensure compliance with local and state laws. All moorings shall
be so placed that no vessel, when anchored, will at any time extend
beyond the limits of the area.
Fixed mooring piles or stakes are prohibited. Mariners are
encouraged to contact the local harbormaster for any additional
ordinances and to ensure compliance with additional applicable state
and local laws.
Dated: April 23, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E8-10259 Filed 5-7-08; 8:45 am]
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