Anchorage Regulations; Port of New York, 27775-27778 [E8-10706]
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Federal Register / Vol. 73, No. 94 / Wednesday, May 14, 2008 / Proposed Rules
rfrederick on PROD1PC67 with PROPOSALS
certifications to qualify them as AMPs
or RSOs. Many board certified
individuals were working as medical
physicists and in radiation safety
positions when the T&E requirements
were revised but were not named as the
authorized individuals on the NRC or
Agreement State licenses and, therefore,
were not grandfathered under 10 CFR
35.57. These individuals, under the
current regulations, may now have to
use the alternate pathway option to
demonstrate that they meet the T&E
requirements in Part 35.
Under the current 10 CFR Part 35
requirements, two individuals, one
listed on an NRC or Agreement State
license or permit prior to October 25,
2005, and one who was not, with
identical certifications, are treated
differently. The individual listed on the
license is not required to comply with
the T&E requirements in Part 35 and the
individual not listed must meet the T&E
requirements.
In conclusion, the NRC has
determined that the petitioner raised a
valid concern regarding the impact of
the revisions to the T&E requirements in
10 CFR Part 35. Although in the
rulemaking process the NRC staff would
need more data than was presented in
the petition, sufficient information was
presented for the NRC to conduct a
review and to determine that the
petitioner’s concern may warrant relief
for certain individuals. Therefore, in
resolving the petition, the NRC
concluded that the issues raised in the
petition will be considered in the
rulemaking process in the following
way. The NRC will attempt to develop
a technical basis to support a
rulemaking that would address the
issues raised in the petition. If a
technical basis which supports
rulemaking can be developed, the issues
will be addressed in a future
rulemaking. If a technical basis to
support a rulemaking cannot be
developed, the issues will not be further
considered by the NRC.
Dated at Rockville, Maryland, this 30th day
of April, 2008.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E8–10736 Filed 5–13–08; 8:45 am]
BILLING CODE 7590–01–P
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[REG–141998–06]
RIN 1545–BG13
Withdrawal of Regulations Under Old
Section 6323(b)(10); Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to a notice of
proposed rulemaking.
AGENCY:
SUMMARY: This document contains
corrections to a notice of proposed
rulemaking (REG–141998–06) that was
published in the Federal Register on
Thursday, April 17, 2008 (73 FR 20877)
relating to the validity and priority of
the Federal tax lien against certain
persons under section 6323 of the
Internal Revenue Code.
FOR FURTHER INFORMATION CONTACT:
Debra A. Kohn, (202) 622–7985 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
27775
Paragraphs (a)(1), (a)(4), (b)(3) Example
1, (b)(3) Example 5, and (c)(1) are
revised.’’ is corrected to read ‘‘1.
Paragraphs (a)(1), (a)(4), (b)(3)
introductory text, (b)(3) Example 1,
(b)(3) Example 5, and (c)(1) are
revised.’’.
4. On page 20881, column 1, the
fourth entry of Paragraph 5., the
language ‘‘4. Newly-designated
paragraph (a)(3)(i) introductory text is
revised.’’ is corrected to read ‘‘4. Newlydesignated paragraph (a)(3)(i) is
revised.’’.
5. On page 20881, column 1, the
seventh, eighth, and ninth entries of
Paragraph 5. are re-designated as eighth,
ninth, and tenth entries of Paragraph 5.
respectively.
6. On page 20881, column 1, the
language ‘‘7. Paragraphs (c)(1) through
(c)(1)(ii) are revised.’’ is added as the
newly designated seventh entry of
Paragraph 5.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E8–10692 Filed 5–13–08; 8:45 am]
Background
The correction notice that is the
subject of this document is under
section 6323 of the Internal Revenue
Code.
BILLING CODE 4830–01–P
Need for Correction
As published, a notice of proposed
rulemaking (REG–141998–06) contains
errors that may prove to be misleading
and are in need of clarification.
Coast Guard
Correction of Publication
Accordingly, the publication of a
notice of proposed rulemaking (REG–
141998–06), which was the subject of
FR Doc. E8–8082, is corrected as
follows:
1. On page 20879, column 2, under
the title heading ‘‘PART 301—
PROCEDURE AND
ADMINISTRATION’’, the second entry
of Paragraph 2., the language ‘‘2.
Paragraphs (d)(3) Example 1 and
Example 3 are revised.’’ is corrected to
read ‘‘2. Paragraphs (d)(3) Example 1
and (d)(3) Example 3 are revised.’’.
2. On page 20879, column 2, under
the title heading ‘‘PART 301—
PROCEDURE AND
ADMINISTRATION’’, the third entry of
Paragraph 2., the language ‘‘3.
Paragraphs (g)(1), and (g)(2) Example 1
through Example 3 are revised.’’ is
corrected to read ‘‘3. Paragraphs (g)(1)
and (g)(2) Example 1 through Example
3 are revised.’’.
3. On page 20881, column 1, the first
entry of Paragraph 5., the language ‘‘1.
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DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 110
[Docket No. USCG–2008–0027]
RIN 1625–AA01
Anchorage Regulations; Port of New
York
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
revise the boundaries of three anchorage
grounds in Upper New York Bay
adjacent to Ellis and Liberty Islands.
This proposed action is necessary due to
the proposed increase in size of the
Safety and Security Zones surrounding
Ellis and Liberty Islands.
DATES: Comments and related material
must reach the Coast Guard on or before
July 14, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0027 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.
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(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: Mr.
John J. Mauro, Commander (dpw), First
Coast Guard District, 408 Atlantic Ave.,
Boston, MA 02110, Telephone (617)
223–8355 or e-mail at
John.J.Mauro@uscg.mil.
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:
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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.
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (USCG–2008–0027),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0027),
indicate the specific section of this
document to which each comment
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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 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–2008–0027) 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, Commander
(dpw), First Coast Guard District, 408
Atlantic Ave., Boston, MA 02110,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
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 Waterways Management
Branch at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
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one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
This proposed rule is intended to
reduce confusion that would be caused
by the proposed expansion of the
adjacent safety and security zones
surrounding Ellis and Liberty Islands
(See Docket No. USCG–2007–0074).
This proposed rule would decrease the
western boundaries of Anchorage
Grounds 20–A, 20–B, and 20–C. If these
revised western anchorage ground
boundaries were not proposed then the
revised safety and security zones would
overlap with the current Anchorage
Ground boundaries. Without these
proposed revisions mariners reading the
Code of Federal Regulations may think
that they were authorized to anchor
within the revised Ellis and Liberty
Island safety and security zones. The
purpose of this proposed rule is to
conform the Anchorage Ground
boundaries to those of the proposed
security zone.
Discussion of Proposed Rule
The proposed rule would revise the
western boundaries of Anchorage
Grounds 20–A, 20–B, and 20–C located
east of Ellis and Liberty Islands on
Upper New York Bay.
The revised boundary of Anchorage
Grounds 20–A and 20–B would be
revised to correspond to what is already
depicted on the National Oceanic and
Atmospheric Administration’s
navigation charts.
The revised western boundary of
Anchorage Ground 20–C would be
moved eastward 375–790 yards.
We are proposing to revise the
western boundaries of these three
Anchorage Grounds to reduce confusion
that would be caused by the proposed
expansion of the adjacent safety and
security zones surrounding Ellis and
Liberty Islands. Without these proposed
revisions mariners navigating by the
Code of Federal Regulations may think
that they were authorized to anchor
within the revised Ellis and Liberty
Island safety and security zones.
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
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business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact John J.
Mauro, Waterways Management Branch,
First Coast Guard District Boston at
(617) 223–8355 or e-mail at
John.J.Mauro@uscg.mil. 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.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners or
operators of recreational or commercial
vessels intending to anchor, in a portion
of Upper New York Bay in and around
the anchorage grounds. However,
decreasing the size of the three
anchorage grounds would not have a
significant economic impact on these
entities for the following reasons:
Commercial vessels rarely use the three
anchorage grounds due to the already
limited size and the availability of other
anchorage grounds in Upper New York
Bay and the Hudson River. Recreational
vessels may still anchor northwest of
Ellis Island and southwest of Liberty
Island.
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.
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a full Regulatory Evaluation is
unnecessary.
This finding is based on the fact that
this proposal conforms to the changing
security needs of the Port of NY/NJ, the
three anchorage grounds are rarely used
by commercial vessels due to the
already limited available area in the
anchorage grounds, and the availability
of additional anchorage grounds in
Upper New York Bay and the Hudson
River.
Collection of Information
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
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This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not 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
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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
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that this action is not likely to have a
significant effect on the human
environment. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 110
[USCG–2007–28648]
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
Authority: 33 U.S.C. 471; 1221 through
1236, 2030, 2035 and 2071; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. Amend § 110.155, by revising
paragraphs (d)(1), (d)(2), and (d)(3) to
read as follows:
Port of New York.
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*
*
*
*
(d) Upper Bay—(1) Anchorage No.
20–A. That area bound by the following
coordinates: 40°41′53.8″ N, 074°02′11.6″
W; thence to 40°41′54.8″ N,
074°01′58.0″ W; thence to 40°42′05.0″ N,
074°01′57.0″ W; thence to 40°42′06.8″ N,
074°02′17.9″ W; thence to 40°42′06.2″ N,
074°02′18.8″ W; thence to 40°41′57.4″ N,
074°02′07.0″ W; thence to 40°41′54.4″ N,
074°02′11.2″ W.
(i) See 33 CFR 110.155(d)(6), (d)(16),
and (l).
(2) Anchorage No. 20–B. That area
bound by the following coordinates:
40°41′45.8″ N, 074°02′22.7″ W; thence to
40°41′42.3″ N, 074°02′00.5″ W; thence to
40°41′35.9″ N, 074°02′02.5″ W; thence to
40°41′30.2″ N, 074°02′06.5″ W; thence to
40°41′41.4″ N, 074°02′29.0″ W.
(i) See 33 CFR 110.155(d)(6), (d)(16),
and (l).
(3) Anchorage No. 20–C. That area
bound by the following coordinates:
40°41′25.6″ N, 074°02′09.4″ W; thence to
40°41′02.0″ N, 074°02′24.6″ W; thence to
40°41′09.2″ N, 074°02′39.7″ W; thence to
40°41′11.0″ N, 074°02′25.0″ W; thence to
40°41′27.0″ N, 074°02′20.8″ W; thence to
40°41′35.9″ N, 074°02′29.6″ W.
(i) See 33 CFR 110.155(d)(6), (d)(16),
and (l).
*
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*
*
*
Dated: January 18, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. E8–10706 Filed 5–13–08; 8:45 am]
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RIN 1625–AB19
Anchorage grounds.
§ 110.155
Coast Guard
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Crewmember Identification Documents
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
require each crewmember on a foreign
commercial vessel en route to a U.S.
port or place of destination or at a U.S.
port or place, or on a U.S. commercial
vessel coming from a foreign port or
place of departure to a U.S. port or place
of destination, to carry and present
upon demand an acceptable
identification when in U.S. navigable
waters. The vessel operator would also
be required to ensure that crewmembers
comply with this requirement. This
proposed rule would implement a
Maritime Transportation Security Act
mandate and help ensure that we can
authoritatively identify crewmembers
on vessels in U.S. waters.
DATES: Comments and related material
must reach the Docket Management
Facility on or before July 14, 2008.
Comments sent to the Office of
Management and Budget (OMB) on
collection of information must reach
OMB on or before July 14, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2007–28648 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.
You must also send comments on
collection of information to the Office of
Information and Regulatory Affairs,
Office of Management and Budget. To
ensure that the comments are received
on time, the preferred method is by e-
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mail at oira_submission@omb.eop.gov
or fax at 202–395–6566. An alternate,
though slower, method is by U.S. mail
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503,
ATTN: Desk Officer, U.S. Coast Guard.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, contact either Lieutenant
Commander Derek A. D’Orazio, U.S.
Coast Guard Office of Operating and
Environmental Standards, telephone
202–372–1405 and e-mail address
derek.a.dorazio@uscg.mil, or Lieutenant
Commander Jonathan H. Maiorine, U.S.
Coast Guard Office of Port and Facility
Activities, telephone 202–372–1133 and
e-mail address
jonathan.h.maiorine@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Table of Abbreviations
III. Background and Purpose
IV. Discussion of Proposed Rule
V. Regulatory Evaluation
A. Executive Order 12866
B. Small Entities
C. Collection of Information
D. Federalism
E. Unfunded Mandates Reform Act
F. Taking of Private Property
G. Civil Justice Reform
H. Protection of Children
I. Indian Tribal Governments
J. Energy Effects
K. Technical Standards
L. Environment
I. 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.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking as USCG–2007–28648,
indicate the specific section of this
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]]>Agencies
[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Proposed Rules]
[Pages 27775-27778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10706]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2008-0027]
RIN 1625-AA01
Anchorage Regulations; Port of New York
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the boundaries of three
anchorage grounds in Upper New York Bay adjacent to Ellis and Liberty
Islands. This proposed action is necessary due to the proposed increase
in size of the Safety and Security Zones surrounding Ellis and Liberty
Islands.
DATES: Comments and related material must reach the Coast Guard on or
before July 14, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0027 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.
[[Page 27776]]
(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: Mr. John J. Mauro, Commander (dpw),
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110,
Telephone (617) 223-8355 or e-mail at John.J.Mauro@uscg.mil.
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.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (USCG-2008-
0027), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0027), 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-2008-0027)
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, Commander (dpw), First Coast Guard District, 408 Atlantic
Ave., Boston, MA 02110, between 8 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
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 Waterways Management Branch 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
This proposed rule is intended to reduce confusion that would be
caused by the proposed expansion of the adjacent safety and security
zones surrounding Ellis and Liberty Islands (See Docket No. USCG-2007-
0074). This proposed rule would decrease the western boundaries of
Anchorage Grounds 20-A, 20-B, and 20-C. If these revised western
anchorage ground boundaries were not proposed then the revised safety
and security zones would overlap with the current Anchorage Ground
boundaries. Without these proposed revisions mariners reading the Code
of Federal Regulations may think that they were authorized to anchor
within the revised Ellis and Liberty Island safety and security zones.
The purpose of this proposed rule is to conform the Anchorage Ground
boundaries to those of the proposed security zone.
Discussion of Proposed Rule
The proposed rule would revise the western boundaries of Anchorage
Grounds 20-A, 20-B, and 20-C located east of Ellis and Liberty Islands
on Upper New York Bay.
The revised boundary of Anchorage Grounds 20-A and 20-B would be
revised to correspond to what is already depicted on the National
Oceanic and Atmospheric Administration's navigation charts.
The revised western boundary of Anchorage Ground 20-C would be
moved eastward 375-790 yards.
We are proposing to revise the western boundaries of these three
Anchorage Grounds to reduce confusion that would be caused by the
proposed expansion of the adjacent safety and security zones
surrounding Ellis and Liberty Islands. Without these proposed revisions
mariners navigating by the Code of Federal Regulations may think that
they were authorized to anchor within the revised Ellis and Liberty
Island safety and security zones.
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
[[Page 27777]]
a full Regulatory Evaluation is unnecessary.
This finding is based on the fact that this proposal conforms to
the changing security needs of the Port of NY/NJ, the three anchorage
grounds are rarely used by commercial vessels due to the already
limited available area in the anchorage grounds, and the availability
of additional anchorage grounds in Upper New York Bay and the Hudson
River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of recreational
or commercial vessels intending to anchor, in a portion of Upper New
York Bay in and around the anchorage grounds. However, decreasing the
size of the three anchorage grounds would not have a significant
economic impact on these entities for the following reasons: Commercial
vessels rarely use the three anchorage grounds due to the already
limited size and the availability of other anchorage grounds in Upper
New York Bay and the Hudson River. Recreational vessels may still
anchor northwest of Ellis Island and southwest of Liberty Island.
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 John J. Mauro, Waterways
Management Branch, First Coast Guard District Boston at (617) 223-8355
or e-mail at John.J.Mauro@uscg.mil. The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not 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
[[Page 27778]]
that this action is not likely to have a significant effect on the
human environment. 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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and
2071; 33 CFR 1.05-1; and Department of Homeland Security Delegation
No. 0170.1.
2. Amend Sec. 110.155, by revising paragraphs (d)(1), (d)(2), and
(d)(3) to read as follows:
Sec. 110.155 Port of New York.
* * * * *
(d) Upper Bay--(1) Anchorage No. 20-A. That area bound by the
following coordinates: 40[deg]41'53.8'' N, 074[deg]02'11.6'' W; thence
to 40[deg]41'54.8'' N, 074[deg]01'58.0'' W; thence to 40[deg]42'05.0''
N, 074[deg]01'57.0'' W; thence to 40[deg]42'06.8'' N, 074[deg]02'17.9''
W; thence to 40[deg]42'06.2'' N, 074[deg]02'18.8'' W; thence to
40[deg]41'57.4'' N, 074[deg]02'07.0'' W; thence to 40[deg]41'54.4'' N,
074[deg]02'11.2'' W.
(i) See 33 CFR 110.155(d)(6), (d)(16), and (l).
(2) Anchorage No. 20-B. That area bound by the following
coordinates: 40[deg]41'45.8'' N, 074[deg]02'22.7'' W; thence to
40[deg]41'42.3'' N, 074[deg]02'00.5'' W; thence to 40[deg]41'35.9'' N,
074[deg]02'02.5'' W; thence to 40[deg]41'30.2'' N, 074[deg]02'06.5'' W;
thence to 40[deg]41'41.4'' N, 074[deg]02'29.0'' W.
(i) See 33 CFR 110.155(d)(6), (d)(16), and (l).
(3) Anchorage No. 20-C. That area bound by the following
coordinates: 40[deg]41'25.6'' N, 074[deg]02'09.4'' W; thence to
40[deg]41'02.0'' N, 074[deg]02'24.6'' W; thence to 40[deg]41'09.2'' N,
074[deg]02'39.7'' W; thence to 40[deg]41'11.0'' N, 074[deg]02'25.0'' W;
thence to 40[deg]41'27.0'' N, 074[deg]02'20.8'' W; thence to
40[deg]41'35.9'' N, 074[deg]02'29.6'' W.
(i) See 33 CFR 110.155(d)(6), (d)(16), and (l).
* * * * *
Dated: January 18, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E8-10706 Filed 5-13-08; 8:45 am]
BILLING CODE 4910-15-P
