Anchorage Regulations; Port of New York, 20524-20530 [2011-8827]
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
the date of self-certification. After the
initial certification period, the regulated
person must update the self-certification
annually.
(c) The regulated person who makes
a sale at retail of a scheduled listed
chemical product and is required under
§ 1310.03 of this chapter to submit a
report of the sales transaction to the
Attorney General must provide a
separate certification for each place of
business at which the regulated person
sells scheduled listed chemical products
at retail.
■ 4. Section 1314.103 is added to read
as follows:
§ 1314.103 Self-certification fee; time and
method of fee payment.
(a) Each regulated person who makes
a sale at retail of a scheduled listed
chemical product and is required under
§ 1310.03 of this chapter to submit a
report of the sales transaction to the
Administration must pay a fee for each
self-certification. For each initial
application to self-certify, and for the
renewal of each existing selfcertification, a regulated seller shall pay
a fee of $21.
(b) The fee for self-certification shall
be waived for any person holding a
current, DEA registration in good
standing as a pharmacy to dispense
controlled substances.
(c) A regulated person shall pay the
fee at the time of self-certification.
(d) Payment shall be made by credit
card.
(e) The self-certification fee is not
refundable.
in the third line, ‘‘See’’ should read
‘‘See’’.
2. On page 11957, in the first column,
in the sixth line from the top, ‘‘See’’
should read ‘‘See’’.
PART 1—[CORRECTED]
3. On page 11958, in the first column,
in the fourth line, in amendatory
instruction 3., ‘‘Paragraph (c)(7(iii)’’
should read ‘‘Paragraph (c)(7)(iii)’’.
§ 1.1502–13
[Corrected]
4. On the same page, in § 1.502–
13(c)(7)(ii), in Example 16(b), in the
third column, in the 36th line, ‘‘See’’
should read ‘‘See’’.
5. On the same page, in § 1.502–
13(c)(7)(ii), in Example 17(b), in the
third column, in the fourth line from the
bottom, ‘‘See’’ should read ‘‘See’’.
6. On page 11959, in § 1.502–
13(c)(7)(ii), in Example 17(b), in the first
column, in the 16th line from the top,
‘‘See’’ should read ‘‘See’’.
7. On the same page, in § 1.502–
13(c)(7)(iii)(B), in the first column, in
the third line, ‘‘see’’ should read ‘‘see’’.
8. On the same page, in § 1.502–
13(c)(7)(iii)(B), in the first column, in
the seventh line, ‘‘see’’ should read ‘‘see’’.
§ 1.502–13T
[Corrected]
[FR Doc. 2011–9016 Filed 4–12–11; 8:45 am]
9. On the same page, in § 1.502–
13T(a), in the first column, in the
second line, ‘‘see’’ should read ‘‘see’’.
10. On the same page, in § 1.502–
13T(a)(B)(2), in the second column, in
the 14th line, ‘‘see’’ should read ‘‘see’’.
11. On the same page, in § 1.502–13T,
in the second column, in paragraph
(f)(5)(ii)(B)(3) through (f)(5)(ii)(E), in the
second line, ‘‘see’’ should read ‘‘see’’.
12. On the same page, in § 1.502–
13T(a)(F)(2), in the second column, in
the third line, ‘‘see’’ should read ‘‘see’’.
BILLING CODE 4410–09–P
[FR Doc. C1–2011–4846 Filed 4–12–11; 8:45 am]
Dated: April 8, 2011.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control.
BILLING CODE 1505–01–D
DEPARTMENT OF THE TREASURY
Internal Revenue Service
DEPARTMENT OF HOMELAND
SECURITY
26 CFR Part 1
Coast Guard
[TD 9515]
33 CFR Part 110
RIN 1545–BH20
[Docket No. USCG–2008–1082]
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Guidance Under Section 1502;
Amendment of Matching Rule for
Certain Gains on Member Stock
RIN 1625–AA01
Correction
In rule document 2011–4846
appearing on pages 11956–11959 in the
issue of Friday, March 4, 2011, make the
following corrections:
1. On page 11956, in the third
column, under the Background heading,
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Anchorage Regulations; Port of New
York
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising
Anchorage Ground No. 19 located east
of the Weehawken-Edgewater Federal
SUMMARY:
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Channel on the Hudson River. The
revision is necessary to facilitate safe
navigation and provide safe and secure
anchorages for vessels operating in the
area. This action is intended to increase
the safety of life and property of both
the anchored vessels and those
operating in the area as well as to
provide for the overall safe and efficient
flow of commerce.
DATES: This rule is effective May 13,
2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–1082 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2008–1082 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Mr. Jeff Yunker, Coast Guard
Sector New York, Waterways
Management Division; telephone
718–354–4195, e-mail
Jeff.M.Yunker@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 18, 2009, we published
a notice of proposed rulemaking
(NPRM) entitled Anchorage Regulations;
Port of New York in the Federal
Register (74 FR 47906). We received one
comment on the NPRM. No public
meeting was requested and none was
held. On April 28, 2010, we published
a supplemental notice of proposed
rulemaking (SNPRM) entitled
Anchorage Regulations; Port of New
York in the Federal Register (75 FR
22323). We received one comment on
the SNPRM. A public meeting was
requested by the New York City
Department of Parks and Recreation
(NYC Parks) but the Coast Guard
determined a public meeting was not
necessary in this case. Instead, a
meeting with representatives from the
NYC Parks, Sandy Hook Pilots
Association, and U.S. Army Corps of
Engineers New York District was held
on August 31, 2010, to discuss their
comment in relation to commercial
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
vessel operations in this area of the
Hudson River. The results of the
meeting are discussed in the Discussion
of Comments and Changes section.
Basis and Purpose
The Hudson River Pilots Association,
through the Port of New York/New
Jersey Harbor Safety, Navigation and
Operations Committee, has had several
discussions with the Coast Guard over
the years examining the possibility of
relocating Anchorage Ground
No. 19; two years ago they requested
that the Coast Guard formally revise the
boundaries of Anchorage Ground No.
19, which is located on the Hudson
River, east of the Weehawken-Edgewater
Federal Channel and south of the
George Washington Bridge.
Due to severe recurring shoaling
within the Weehawken-Edgewater
Federal Channel, the Hudson River
Pilots requested and received
authorization from the Coast Guard and
Army Corps of Engineers (ACOE) to
pilot vessels through the deeper and
safer water located within the
boundaries of Anchorage Ground No.
19.
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Background
Due to shoaling, the March 2007
ACOE survey verified a controlling
depth of 27 feet in the right outside
quarter of the Weehawken-Edgewater
Federal Channel where vessels bound
for ports north of New York City would
have to transit. As published by the
ACOE Institute for Water Resources,
vessels with drafts of up to 34 feet
routinely transit the Hudson River. In
calendar year 2006, there were 6,562
transits on the Hudson River between
the mouth of the Harlem River and
Waterford, NY by vessels with a draft of
27 feet or greater. In 2007, the number
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of transits was 4,120. In 2008, there
were 120 transits. Vessels with a draft
of 27 feet or greater would be required
to transit through the deeper water
which is within the current boundaries
of Anchorage Ground No. 19.
Anchorage Ground No. 19 is the
closest Anchorage Ground available for
use when there is no space for
temporary anchoring within the Upper
New York Bay Anchorage Grounds.
Hence, these vessels transit to
Anchorage Ground No. 19 to await a
berth, or orders, to minimize fuel
consumption and provide an orderly
flow of commerce within the harbor and
the New England region. Tug and barge
traffic within the harbor has increased
37% since 1991, concurrently
increasing use of the anchorage.
On October 14, 2008, the Coast Guard
Captain of the Port New York issued an
Advisory Notice notifying the maritime
community that, in accordance with 33
CFR 110.155(c)(5)(i), vessels would only
be allowed to anchor on the western
boundary of Anchorage Ground No. 19.
This temporary solution was necessary
to facilitate deep draft vessel transits
through the eastern portion of
Anchorage Ground No. 19.
On September 18, 2009, the Coast
Guard published a Notice of Proposed
Rulemaking (NPRM) titled ‘‘Anchorage
Regulations; Port of New York’’ (Docket
number USCG–2008–1082) in the
Federal Register (74 FR 47906). The
proposal sought to amend Anchorage
Ground No. 19 by dividing it into two
separate anchorages (Anchorage Ground
No. 19 East and Anchorage Ground No.
19 West), thereby relocating the majority
of the anchorage area to the western side
of the Hudson River.
The relocation of the anchorage
would allow deep draft vessels to transit
the deeper water without having to
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transit through the existing Anchorage
Ground No. 19.
In that NPRM, it was stated that the
ACOE would relocate the WeehawkenEdgewater Federal Channel to the east
of its current location and the Coast
Guard would relocate Anchorage
Ground No. 19 to the west of its current
location.
After the publication of the NPRM,
the ACOE advised the Coast Guard that
it did not intend to seek Congressional
action to de-authorize the WeehawkenEdgewater Federal Channel. However,
the ACOE also advised that it does not
object to the Coast Guard establishing an
Anchorage Ground in the existing
Weehawken-Edgewater Federal
Channel.
Consequently, to facilitate safe
navigation of deep draft vessels, the
Coast Guard published a supplemental
notice of proposed rulemaking (SNPRM)
titled ‘‘Anchorage Regulations; Port of
New York’’ in the Federal Register on
April 28, 2010 (75 FR 22323) revising its
proposal to disestablish Anchorage
Ground No. 19 and establish two
separate anchorage grounds, Anchorage
Ground No. 19 East and Anchorage
Ground No. 19 West. This would be
accomplished by dividing Anchorage
Ground No. 19 into an east and a west
portion and relocating the majority of
the anchorage area (new Anchorage
Ground No. 19 West) from the eastern
half of the Hudson River to the western
half closer to the New Jersey shore (over
the Weehawken-Edgewater Federal
Channel). The following graphics
display the current boundary of
Anchorage Ground No. 19 and the
revised boundaries of Anchorage
Grounds No. 19 East and No. 19 West:
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
Disestablishing Anchorage Ground
No. 19 and establishing Anchorage
Ground No. 19 East and Anchorage
Ground No. 19 West creates a 400 yard
wide area of deeper water between the
newly established anchorage grounds.
This change allows deep draft vessels to
transit the deeper water of the Hudson
River without having to transit through
an existing anchorage ground.
The Weehawken-Edgewater Federal
Channel is authorized by Congress, and
constructed and maintained by the
ACOE. The ACOE has advised the Coast
Guard that no portion of the
Weehawken-Edgewater Federal Channel
will be relocated in conjunction with
the reapportionment, relocation and
establishment of Anchorage Ground No.
19 East and West. The ACOE has further
advised that establishment of an
anchorage ground in the WeehawkenEdgewater Federal Channel is not
expected to impede navigation or result
in a need to maintain channel depth
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because the Weehawken-Edgewater
Federal Channel currently supports no
commercial vessel traffic.
According to the ACOE the
Weehawken-Edgewater Federal Channel
was originally intended to support
commercial vessel traffic on the New
Jersey waterfront in the vicinity of the
Channel. However, due to changes in
shoreline usage from industrial to
residential and recreational, the original
intent of the Channel no longer exists.
As a result there has not been a need to
dredge the Weehawken-Edgewater
Federal Channel segment to its
authorized depth since it was last
dredged in 1994.
The ACOE further advised that it does
not appear likely that a need will arise
in the foreseeable future to maintain the
channel for commercial vessel traffic
intending to access New Jersey
waterfront and shore facilities.
However, should a need recur in the
future to accommodate commercial
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traffic, the use of the areas as anchorage
grounds would be re-evaluated.
In the interest of safe navigation and
to minimize confusion, the ACOE and
the USCG will request that the National
Oceanic and Atmospheric
Administration (NOAA) remove the
Weehawken-Edgewater Federal Channel
designation from NOAA charts. In
addition, the Coast Guard will request
chart corrections removing the
Anchorage Ground No. 19 boundary
line designation and adding the
boundary lines for the revised
Anchorage Ground No. 19 East and
Anchorage Ground No. 19 West.
Discussion of Comments and Changes
The Coast Guard received one
comment on the NPRM from the U.S.
Army Corps of Engineers (ACOE). In
that NPRM, the Coast Guard stated that
the ACOE would relocate the
Weehawken-Edgewater Channel to the
east of its current location and the Coast
Guard would relocate Anchorage
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
Ground No. 19 to the west of its current
location.
After the publication of the NPRM,
the ACOE advised the Coast Guard that
it did not intend to seek Congressional
action to de-authorize the WeehawkenEdgewater Channel. However, the ACOE
also advised that it did not object to the
Coast Guard establishing an Anchorage
Ground in the existing WeehawkenEdgewater Channel.
Consequently, the Coast Guard
revised its proposal and published a
Supplemental Notice of Proposed
Rulemaking (SNPRM) seeking to
disestablish Anchorage Ground No. 19
and establish two separate anchorage
grounds, Anchorage Ground No. 19 East
and Anchorage Ground No. 19 West.
The Coast Guard received one
comment on the SNPRM from the New
York City Parks and Recreation
Department (NYC Parks).
NYC Parks requested clarification that
this rulemaking would not impact their
recreational mooring fields along the
Manhattan shoreline north and south of
the 79th Street Boat Basin. NYC Parks
is still authorized to administer the
mooring fields along the Manhattan
shoreline; therefore, the use of these
mooring fields will not be affected by
this rule. In addition, the Coast Guard
will submit chart corrections to be
published to identify these mooring
fields on government navigation charts.
NYC Parks further requested that the
two mooring fields be designated as
special anchorage areas as part of the
current rule. The Coast Guard is
currently reviewing NYC Parks’ request
to designate the two mooring fields as
special anchorage areas; however any
designation of the two mooring fields as
special anchorage areas would be done
as part of a separate rulemaking process.
NYC Parks requested clarification that
this rulemaking would potentially
eliminate 452 acres of open vessel
anchorage area and eliminate the
mooring fields north and south of the
79th Street Boat Basin. As stated above
the use of the NYC Parks mooring fields
will not be affected by this rule. The 452
acres of Anchorage Ground No. 19 being
disestablished were intended for the use
of commercial shipping and not
recreational vessels that use the 79th
Street Boat Basin and mooring fields
along the Manhattan shoreline.
NYC Parks commented that this
rulemaking would potentially
jeopardize their ability to fund and
service the marina due to the removal of
their mooring fields. This rulemaking
will not potentially jeopardize NYC
Parks’ ability to fund and service the
marina due to the removal of the
mooring fields because the mooring
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fields are not being removed or
impacted in any way.
NYC Parks commented that Riverside
Park concessions would be negatively
impacted, and Riverside Park itself
would lose one of its engaging and
popular features. Riverside Park will not
be impacted by this rulemaking as NYC
Parks is still authorized to administer
their mooring fields. Marine events and
recreational boating usage will continue
to be administered on a not to interfere
basis with commercial shipping and
Tugs/Barges as stated below.
NYC Parks requested that these rules
be revised to protect the right of
recreational boaters to use these waters
and that the mooring fields be
designated as Special Anchorage Areas
for these purposes. NYC Parks is still
authorized to administer their two
mooring fields along the Manhattan
shoreline, north and south of the 79th
Street Boat Basin. Chart corrections will
be submitted by the Coast Guard to
display these mooring fields on the
navigation charts. In addition, the USCG
is reviewing NYC Parks request to
establish two Special Anchorage Areas
north and south of the 79th Street Boat
Basin.
NYC Parks commented that the transit
of commercial tugs and barges in closer
proximity to the 70-year-old boat basin
and mooring fields would exacerbate
the damages and impacts caused by
large wakes of passing vessels on the
Hudson River. At the meeting held with
NYC Parks on August 13, 2010, the
Sandy Hook Pilots representative stated
that they have been piloting vessels
along the current route, east of the
Weehawken-Edgewater Federal
Channel, through Anchorage Ground
No. 19, on a continual basis since before
the 1970s. In addition, tugs and barges
have always been authorized to transit
through Anchorage Ground No. 19,
whether to anchor in a position near the
79th Street Boat Basin, or to continue
their transit through the Hudson River.
Since under this rule tugs and barges
will be anchoring further away from the
79th Street Boat Basin and deep draft
transits through the area are down from
previous years, as noted by the ACOE
Institute for Water Resources, the Coast
Guard believes that this rule will
alleviate impacts from wakes on the
boat basin and mooring field.
NYC Parks commented that this
revision may seriously impact
established marine events and a growing
number of recreational users in the area.
As previously stated the Sandy Hook
Pilots have been using this transit route
through the current Anchorage Ground
No. 19 since before the 1970s.
Additionally, the area was always
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available for use as an Anchorage
Ground by vessels not constrained by
draft. Marine Event permits have been
issued for events held in the Anchorage
Ground as long as the participants
abided by the Inland Navigation Rules
and did not interfere with commercial
navigation within the Anchorage
Ground.
As previously stated Anchorage
Ground No. 19 was established over 20
years prior to the 79th Street Boat Basin
and mooring fields. Due to the
fluctuation of commercial vessel traffic
on the Hudson River, and based upon
changing economic conditions, demand
for home heating oil, etc, the USCG may
not always be able to approve marine
event applications in this area of the
Hudson River regardless of the
Anchorage Ground configuration.
NYC Parks requested a public meeting
be held. A public meeting was not held
since the written comments clearly
expressed the views of the commenter
and oral presentations would not aid the
rulemaking process.
Finally, this rule intends to reflect
and formalize past and current vessel
navigation practices through the waters
within Anchorage Ground No. 19.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, 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 minimal additional cost
impacts to the industry because this rule
is not imposing fees, permits, or
specialized requirements for the
maritime industry to utilize these
anchorage areas. This rule is revising
the Anchorage Ground No. 19 in order
to facilitate safe navigation and provide
safe and secure anchorages for vessels
operating in the area. This revision
would allow deep draft vessels to transit
the deeper water without having to
transit through an anchorage ground.
This would improve safety for small
vessels using the anchorage grounds and
would facilitate the transit of deep draft
vessels.
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Collection of Information
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
vessels intending to transit through the
Anchorage Grounds 19 East and 19
West. Vessels intending to anchor in the
current Anchorage Ground No. 19 will
still be able to anchor in the revised
Anchorage Ground No. 19 East or No. 19
West. NYC Parks will still be authorized
to administer recreational mooring
fields located along the Manhattan
shoreline, north and south of the 79th
Street Boat Basin. The labeling of these
mooring fields on Government
navigation charts will create a positive
impact in the area by increasing
awareness of the location of smaller
recreational vessels. Additionally, the
recreational vessels will no longer have
to maneuver around larger anchored
vessels when entering, or departing, the
79th Street Boat Basin or mooring fields.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Assistance for Small Entities
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Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM 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.
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). 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.
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.
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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 (adjusted for inflation) 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 cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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 may
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
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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
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
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(f), of the Instruction as this rule
involves changing the size of an existing
anchorage ground and dividing it into
two separate anchorage areas resulting
in a reduction in the overall size of the
anchorage areas. An environmental
analysis checklist and a categorical
exclusion determination are available in
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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations
the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard is amending
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; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 110.155, by revising
paragraph (c)(5) to read as follows:
■
§ 110.155
Port of New York.
emcdonald on DSK2BSOYB1PROD with RULES
*
*
*
*
*
(c) * * *
(5) Anchorages No. 19 East and 19
West.
(i) Anchorage No. 19 East. All waters
of the Hudson River bound by the
following points: 40°49′42.6″ N,
073°57′14.7″ W; thence to 40°49′45.9″ N,
073°57′22.0″ W; thence to 40°49′52.0″ N,
073°57′22.0″ W; thence to 40°50′08.3″ N,
073°57′10.8″ W; thence to 40°50′55.4″ N,
073°56′59.7″ W; thence to 40°51′02.5″ N,
073°56′57.4″ W; thence to 40°51′00.8″ N,
073°56′49.4″ W; thence along the
shoreline to the point of origin.
(ii) Anchorage No. 19 West. All waters
of the Hudson River bound by the
following points: 40°46′56.3″ N,
073°59′42.2″ W; thence to 40°47′36.9″ N,
073°59′11.7″ W; thence to 40°49′31.3″ N,
073°57′43.8″ W; thence to 40°49′40.2″ N,
073°57′37.6″ W; thence to 40°49′52.4″ N,
073°57′37.6″ W; thence to 40°49′57.7″ N,
073°57′47.3″ W; thence to 40°49′32.2″ N,
073°58′12.9″ W; thence to 40°49′00.7″ N,
073°58′33.1″ W; thence to 40°48′28.7″ N,
073°58′53.8″ W; thence to 40°47′38.2″ N,
073°59′31.2″ W; thence to 40°47′02.7″ N,
073°59′57.4″ W; thence to the point of
origin.
(iii) The following regulations apply
to 33 CFR 110.155(c)(5)(i) and (ii):
(A) No vessel may conduct lightering
operations in these anchorage grounds
without permission from the Captain of
the Port. When lightering is authorized,
the Captain of the Port New York must
be notified at least four hours in
advance of a vessel conducting
lightering operations as required by
156.118 of this title.
(B) Any vessel conducting lightering
or bunkering operations shall display by
day a red flag (46 CFR 35.30–1; Pub 102;
International Code of Signals signaling
instructions) at its mast head or at least
10 feet above the upper deck if the
VerDate Mar<15>2010
21:27 Apr 12, 2011
Jkt 223001
vessel has no mast, and by night the flag
must be illuminated by spotlight. These
signals shall be in addition to day
signals, lights and whistle signals as
required by rules 30 (33 U.S.C 2030 and
33 CFR 83.30) and 35 (33 USC 2035 and
33 CFR 83.35) of the Inland Navigation
Rules when at anchor in a general
anchorage area.
(C) Within an anchorage, fishing and
navigation are prohibited within 500
yards of an anchored vessel displaying
a red flag.
(D) These anchorage grounds are only
authorized for use by tugs and/or barges.
(E) No vessel may occupy this
anchorage ground for a period of time in
excess of 96 hours without prior
approval of the Captain of the Port.
(F) No vessel may anchor in
Anchorage No. 19 East or No. 19 West
without permission from the Captain of
the Port.
(G) Each vessel shall report its
position within Anchorage No. 19 East
or No. 19 West to the Captain of the Port
immediately after anchoring.
(H) All coordinates referenced use
datum: NAD 83.
*
*
*
*
*
Dated: March 28, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2011–8827 Filed 4–12–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0132]
RIN 1625–AA00
Safety Zone; Boom Days, Buffalo
Outer Harbor, Buffalo, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Buffalo Outer Harbor, Buffalo, NY
for the Boom Days Fireworks. This zone
is intended to restrict vessels from
Doug’s Dive, the NFTA small boat
harbor and a portion of the Buffalo
Outer Harbor, Buffalo, NY during the
Boom Days Fireworks on April 16, 2011.
This temporary safety zone is necessary
to protect spectators and vessels from
the hazards associated with a firework
display.
DATES: This rule is effective on April 16,
2011 from 8 p.m. through 9:30 p.m.
SUMMARY:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2011–
0132 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0132 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
ADDRESSES:
If
you have questions on this temporary
rule, call or e-mail MST3 Rory Boyle,
Marine Events Coordinator, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, e-mail rory.c.boyle@uscg.mil.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
awaiting a comment period to run
would be impractical and contrary to
the public interest in that it would
prevent the Captain of the Port Buffalo
from performing the function of keeping
the boating public safe from the hazards
associated with a maritime fireworks
display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the need for immediate
action, the restriction of vessel traffic is
necessary to protect life, property and
the environment. Therefore, awaiting a
30 day effective period to run is
impracticable and contrary to the public
interest in that it would prevent the
Captain of the Port Buffalo from
protecting persons and vessels involved
in and observing the event.
E:\FR\FM\13APR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20524-20530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8827]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2008-1082]
RIN 1625-AA01
Anchorage Regulations; Port of New York
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising Anchorage Ground No. 19 located
east of the Weehawken-Edgewater Federal Channel on the Hudson River.
The revision is necessary to facilitate safe navigation and provide
safe and secure anchorages for vessels operating in the area. This
action is intended to increase the safety of life and property of both
the anchored vessels and those operating in the area as well as to
provide for the overall safe and efficient flow of commerce.
DATES: This rule is effective May 13, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1082 and are available online by going to
https://www.regulations.gov, inserting USCG-2008-1082 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Jeff Yunker, Coast Guard Sector New York, Waterways
Management Division; telephone 718-354-4195, e-mail
Jeff.M.Yunker@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 18, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Anchorage Regulations; Port of New York in the Federal
Register (74 FR 47906). We received one comment on the NPRM. No public
meeting was requested and none was held. On April 28, 2010, we
published a supplemental notice of proposed rulemaking (SNPRM) entitled
Anchorage Regulations; Port of New York in the Federal Register (75 FR
22323). We received one comment on the SNPRM. A public meeting was
requested by the New York City Department of Parks and Recreation (NYC
Parks) but the Coast Guard determined a public meeting was not
necessary in this case. Instead, a meeting with representatives from
the NYC Parks, Sandy Hook Pilots Association, and U.S. Army Corps of
Engineers New York District was held on August 31, 2010, to discuss
their comment in relation to commercial
[[Page 20525]]
vessel operations in this area of the Hudson River. The results of the
meeting are discussed in the Discussion of Comments and Changes
section.
Basis and Purpose
The Hudson River Pilots Association, through the Port of New York/
New Jersey Harbor Safety, Navigation and Operations Committee, has had
several discussions with the Coast Guard over the years examining the
possibility of relocating Anchorage Ground No. 19; two years ago they
requested that the Coast Guard formally revise the boundaries of
Anchorage Ground No. 19, which is located on the Hudson River, east of
the Weehawken-Edgewater Federal Channel and south of the George
Washington Bridge.
Due to severe recurring shoaling within the Weehawken-Edgewater
Federal Channel, the Hudson River Pilots requested and received
authorization from the Coast Guard and Army Corps of Engineers (ACOE)
to pilot vessels through the deeper and safer water located within the
boundaries of Anchorage Ground No. 19.
Background
Due to shoaling, the March 2007 ACOE survey verified a controlling
depth of 27 feet in the right outside quarter of the Weehawken-
Edgewater Federal Channel where vessels bound for ports north of New
York City would have to transit. As published by the ACOE Institute for
Water Resources, vessels with drafts of up to 34 feet routinely transit
the Hudson River. In calendar year 2006, there were 6,562 transits on
the Hudson River between the mouth of the Harlem River and Waterford,
NY by vessels with a draft of 27 feet or greater. In 2007, the number
of transits was 4,120. In 2008, there were 120 transits. Vessels with a
draft of 27 feet or greater would be required to transit through the
deeper water which is within the current boundaries of Anchorage Ground
No. 19.
Anchorage Ground No. 19 is the closest Anchorage Ground available
for use when there is no space for temporary anchoring within the Upper
New York Bay Anchorage Grounds. Hence, these vessels transit to
Anchorage Ground No. 19 to await a berth, or orders, to minimize fuel
consumption and provide an orderly flow of commerce within the harbor
and the New England region. Tug and barge traffic within the harbor has
increased 37% since 1991, concurrently increasing use of the anchorage.
On October 14, 2008, the Coast Guard Captain of the Port New York
issued an Advisory Notice notifying the maritime community that, in
accordance with 33 CFR 110.155(c)(5)(i), vessels would only be allowed
to anchor on the western boundary of Anchorage Ground No. 19. This
temporary solution was necessary to facilitate deep draft vessel
transits through the eastern portion of Anchorage Ground No. 19.
On September 18, 2009, the Coast Guard published a Notice of
Proposed Rulemaking (NPRM) titled ``Anchorage Regulations; Port of New
York'' (Docket number USCG-2008-1082) in the Federal Register (74 FR
47906). The proposal sought to amend Anchorage Ground No. 19 by
dividing it into two separate anchorages (Anchorage Ground No. 19 East
and Anchorage Ground No. 19 West), thereby relocating the majority of
the anchorage area to the western side of the Hudson River.
The relocation of the anchorage would allow deep draft vessels to
transit the deeper water without having to transit through the existing
Anchorage Ground No. 19.
In that NPRM, it was stated that the ACOE would relocate the
Weehawken-Edgewater Federal Channel to the east of its current location
and the Coast Guard would relocate Anchorage Ground No. 19 to the west
of its current location.
After the publication of the NPRM, the ACOE advised the Coast Guard
that it did not intend to seek Congressional action to de-authorize the
Weehawken-Edgewater Federal Channel. However, the ACOE also advised
that it does not object to the Coast Guard establishing an Anchorage
Ground in the existing Weehawken-Edgewater Federal Channel.
Consequently, to facilitate safe navigation of deep draft vessels,
the Coast Guard published a supplemental notice of proposed rulemaking
(SNPRM) titled ``Anchorage Regulations; Port of New York'' in the
Federal Register on April 28, 2010 (75 FR 22323) revising its proposal
to disestablish Anchorage Ground No. 19 and establish two separate
anchorage grounds, Anchorage Ground No. 19 East and Anchorage Ground
No. 19 West. This would be accomplished by dividing Anchorage Ground
No. 19 into an east and a west portion and relocating the majority of
the anchorage area (new Anchorage Ground No. 19 West) from the eastern
half of the Hudson River to the western half closer to the New Jersey
shore (over the Weehawken-Edgewater Federal Channel). The following
graphics display the current boundary of Anchorage Ground No. 19 and
the revised boundaries of Anchorage Grounds No. 19 East and No. 19
West:
BILLING CODE 9110-04-P
[[Page 20526]]
[GRAPHIC] [TIFF OMITTED] TR13AP11.000
[[Page 20527]]
[GRAPHIC] [TIFF OMITTED] TR13AP11.001
BILLING CODE 9110-04-C
Disestablishing Anchorage Ground No. 19 and establishing Anchorage
Ground No. 19 East and Anchorage Ground No. 19 West creates a 400 yard
wide area of deeper water between the newly established anchorage
grounds. This change allows deep draft vessels to transit the deeper
water of the Hudson River without having to transit through an existing
anchorage ground.
The Weehawken-Edgewater Federal Channel is authorized by Congress,
and constructed and maintained by the ACOE. The ACOE has advised the
Coast Guard that no portion of the Weehawken-Edgewater Federal Channel
will be relocated in conjunction with the reapportionment, relocation
and establishment of Anchorage Ground No. 19 East and West. The ACOE
has further advised that establishment of an anchorage ground in the
Weehawken-Edgewater Federal Channel is not expected to impede
navigation or result in a need to maintain channel depth because the
Weehawken-Edgewater Federal Channel currently supports no commercial
vessel traffic.
According to the ACOE the Weehawken-Edgewater Federal Channel was
originally intended to support commercial vessel traffic on the New
Jersey waterfront in the vicinity of the Channel. However, due to
changes in shoreline usage from industrial to residential and
recreational, the original intent of the Channel no longer exists. As a
result there has not been a need to dredge the Weehawken-Edgewater
Federal Channel segment to its authorized depth since it was last
dredged in 1994.
The ACOE further advised that it does not appear likely that a need
will arise in the foreseeable future to maintain the channel for
commercial vessel traffic intending to access New Jersey waterfront and
shore facilities. However, should a need recur in the future to
accommodate commercial traffic, the use of the areas as anchorage
grounds would be re-evaluated.
In the interest of safe navigation and to minimize confusion, the
ACOE and the USCG will request that the National Oceanic and
Atmospheric Administration (NOAA) remove the Weehawken-Edgewater
Federal Channel designation from NOAA charts. In addition, the Coast
Guard will request chart corrections removing the Anchorage Ground No.
19 boundary line designation and adding the boundary lines for the
revised Anchorage Ground No. 19 East and Anchorage Ground No. 19 West.
Discussion of Comments and Changes
The Coast Guard received one comment on the NPRM from the U.S. Army
Corps of Engineers (ACOE). In that NPRM, the Coast Guard stated that
the ACOE would relocate the Weehawken-Edgewater Channel to the east of
its current location and the Coast Guard would relocate Anchorage
[[Page 20528]]
Ground No. 19 to the west of its current location.
After the publication of the NPRM, the ACOE advised the Coast Guard
that it did not intend to seek Congressional action to de-authorize the
Weehawken-Edgewater Channel. However, the ACOE also advised that it did
not object to the Coast Guard establishing an Anchorage Ground in the
existing Weehawken-Edgewater Channel.
Consequently, the Coast Guard revised its proposal and published a
Supplemental Notice of Proposed Rulemaking (SNPRM) seeking to
disestablish Anchorage Ground No. 19 and establish two separate
anchorage grounds, Anchorage Ground No. 19 East and Anchorage Ground
No. 19 West.
The Coast Guard received one comment on the SNPRM from the New York
City Parks and Recreation Department (NYC Parks).
NYC Parks requested clarification that this rulemaking would not
impact their recreational mooring fields along the Manhattan shoreline
north and south of the 79th Street Boat Basin. NYC Parks is still
authorized to administer the mooring fields along the Manhattan
shoreline; therefore, the use of these mooring fields will not be
affected by this rule. In addition, the Coast Guard will submit chart
corrections to be published to identify these mooring fields on
government navigation charts.
NYC Parks further requested that the two mooring fields be
designated as special anchorage areas as part of the current rule. The
Coast Guard is currently reviewing NYC Parks' request to designate the
two mooring fields as special anchorage areas; however any designation
of the two mooring fields as special anchorage areas would be done as
part of a separate rulemaking process.
NYC Parks requested clarification that this rulemaking would
potentially eliminate 452 acres of open vessel anchorage area and
eliminate the mooring fields north and south of the 79th Street Boat
Basin. As stated above the use of the NYC Parks mooring fields will not
be affected by this rule. The 452 acres of Anchorage Ground No. 19
being disestablished were intended for the use of commercial shipping
and not recreational vessels that use the 79th Street Boat Basin and
mooring fields along the Manhattan shoreline.
NYC Parks commented that this rulemaking would potentially
jeopardize their ability to fund and service the marina due to the
removal of their mooring fields. This rulemaking will not potentially
jeopardize NYC Parks' ability to fund and service the marina due to the
removal of the mooring fields because the mooring fields are not being
removed or impacted in any way.
NYC Parks commented that Riverside Park concessions would be
negatively impacted, and Riverside Park itself would lose one of its
engaging and popular features. Riverside Park will not be impacted by
this rulemaking as NYC Parks is still authorized to administer their
mooring fields. Marine events and recreational boating usage will
continue to be administered on a not to interfere basis with commercial
shipping and Tugs/Barges as stated below.
NYC Parks requested that these rules be revised to protect the
right of recreational boaters to use these waters and that the mooring
fields be designated as Special Anchorage Areas for these purposes. NYC
Parks is still authorized to administer their two mooring fields along
the Manhattan shoreline, north and south of the 79th Street Boat Basin.
Chart corrections will be submitted by the Coast Guard to display these
mooring fields on the navigation charts. In addition, the USCG is
reviewing NYC Parks request to establish two Special Anchorage Areas
north and south of the 79th Street Boat Basin.
NYC Parks commented that the transit of commercial tugs and barges
in closer proximity to the 70-year-old boat basin and mooring fields
would exacerbate the damages and impacts caused by large wakes of
passing vessels on the Hudson River. At the meeting held with NYC Parks
on August 13, 2010, the Sandy Hook Pilots representative stated that
they have been piloting vessels along the current route, east of the
Weehawken-Edgewater Federal Channel, through Anchorage Ground No. 19,
on a continual basis since before the 1970s. In addition, tugs and
barges have always been authorized to transit through Anchorage Ground
No. 19, whether to anchor in a position near the 79th Street Boat
Basin, or to continue their transit through the Hudson River. Since
under this rule tugs and barges will be anchoring further away from the
79th Street Boat Basin and deep draft transits through the area are
down from previous years, as noted by the ACOE Institute for Water
Resources, the Coast Guard believes that this rule will alleviate
impacts from wakes on the boat basin and mooring field.
NYC Parks commented that this revision may seriously impact
established marine events and a growing number of recreational users in
the area. As previously stated the Sandy Hook Pilots have been using
this transit route through the current Anchorage Ground No. 19 since
before the 1970s. Additionally, the area was always available for use
as an Anchorage Ground by vessels not constrained by draft. Marine
Event permits have been issued for events held in the Anchorage Ground
as long as the participants abided by the Inland Navigation Rules and
did not interfere with commercial navigation within the Anchorage
Ground.
As previously stated Anchorage Ground No. 19 was established over
20 years prior to the 79th Street Boat Basin and mooring fields. Due to
the fluctuation of commercial vessel traffic on the Hudson River, and
based upon changing economic conditions, demand for home heating oil,
etc, the USCG may not always be able to approve marine event
applications in this area of the Hudson River regardless of the
Anchorage Ground configuration.
NYC Parks requested a public meeting be held. A public meeting was
not held since the written comments clearly expressed the views of the
commenter and oral presentations would not aid the rulemaking process.
Finally, this rule intends to reflect and formalize past and
current vessel navigation practices through the waters within Anchorage
Ground No. 19.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, 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 minimal additional cost impacts to the industry because
this rule is not imposing fees, permits, or specialized requirements
for the maritime industry to utilize these anchorage areas. This rule
is revising the Anchorage Ground No. 19 in order to facilitate safe
navigation and provide safe and secure anchorages for vessels operating
in the area. This revision would allow deep draft vessels to transit
the deeper water without having to transit through an anchorage ground.
This would improve safety for small vessels using the anchorage grounds
and would facilitate the transit of deep draft vessels.
[[Page 20529]]
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 vessels intending
to transit through the Anchorage Grounds 19 East and 19 West. Vessels
intending to anchor in the current Anchorage Ground No. 19 will still
be able to anchor in the revised Anchorage Ground No. 19 East or No. 19
West. NYC Parks will still be authorized to administer recreational
mooring fields located along the Manhattan shoreline, north and south
of the 79th Street Boat Basin. The labeling of these mooring fields on
Government navigation charts will create a positive impact in the area
by increasing awareness of the location of smaller recreational
vessels. Additionally, the recreational vessels will no longer have to
maneuver around larger anchored vessels when entering, or departing,
the 79th Street Boat Basin or mooring fields.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
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). 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 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 (adjusted for
inflation) 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 cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This 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 may
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 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(f), of
the Instruction as this rule involves changing the size of an existing
anchorage ground and dividing it into two separate anchorage areas
resulting in a reduction in the overall size of the anchorage areas. An
environmental analysis checklist and a categorical exclusion
determination are available in
[[Page 20530]]
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard is
amending 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, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
0
2. Amend Sec. 110.155, by revising paragraph (c)(5) to read as
follows:
Sec. 110.155 Port of New York.
* * * * *
(c) * * *
(5) Anchorages No. 19 East and 19 West.
(i) Anchorage No. 19 East. All waters of the Hudson River bound by
the following points: 40[deg]49'42.6'' N, 073[deg]57'14.7'' W; thence
to 40[deg]49'45.9'' N, 073[deg]57'22.0'' W; thence to 40[deg]49'52.0''
N, 073[deg]57'22.0'' W; thence to 40[deg]50'08.3'' N, 073[deg]57'10.8''
W; thence to 40[deg]50'55.4'' N, 073[deg]56'59.7'' W; thence to
40[deg]51'02.5'' N, 073[deg]56'57.4'' W; thence to 40[deg]51'00.8'' N,
073[deg]56'49.4'' W; thence along the shoreline to the point of origin.
(ii) Anchorage No. 19 West. All waters of the Hudson River bound by
the following points: 40[deg]46'56.3'' N, 073[deg]59'42.2'' W; thence
to 40[deg]47'36.9'' N, 073[deg]59'11.7'' W; thence to 40[deg]49'31.3''
N, 073[deg]57'43.8'' W; thence to 40[deg]49'40.2'' N, 073[deg]57'37.6''
W; thence to 40[deg]49'52.4'' N, 073[deg]57'37.6'' W; thence to
40[deg]49'57.7'' N, 073[deg]57'47.3'' W; thence to 40[deg]49'32.2'' N,
073[deg]58'12.9'' W; thence to 40[deg]49'00.7'' N, 073[deg]58'33.1'' W;
thence to 40[deg]48'28.7'' N, 073[deg]58'53.8'' W; thence to
40[deg]47'38.2'' N, 073[deg]59'31.2'' W; thence to 40[deg]47'02.7'' N,
073[deg]59'57.4'' W; thence to the point of origin.
(iii) The following regulations apply to 33 CFR 110.155(c)(5)(i)
and (ii):
(A) No vessel may conduct lightering operations in these anchorage
grounds without permission from the Captain of the Port. When
lightering is authorized, the Captain of the Port New York must be
notified at least four hours in advance of a vessel conducting
lightering operations as required by 156.118 of this title.
(B) Any vessel conducting lightering or bunkering operations shall
display by day a red flag (46 CFR 35.30-1; Pub 102; International Code
of Signals signaling instructions) at its mast head or at least 10 feet
above the upper deck if the vessel has no mast, and by night the flag
must be illuminated by spotlight. These signals shall be in addition to
day signals, lights and whistle signals as required by rules 30 (33
U.S.C 2030 and 33 CFR 83.30) and 35 (33 USC 2035 and 33 CFR 83.35) of
the Inland Navigation Rules when at anchor in a general anchorage area.
(C) Within an anchorage, fishing and navigation are prohibited
within 500 yards of an anchored vessel displaying a red flag.
(D) These anchorage grounds are only authorized for use by tugs
and/or barges.
(E) No vessel may occupy this anchorage ground for a period of time
in excess of 96 hours without prior approval of the Captain of the
Port.
(F) No vessel may anchor in Anchorage No. 19 East or No. 19 West
without permission from the Captain of the Port.
(G) Each vessel shall report its position within Anchorage No. 19
East or No. 19 West to the Captain of the Port immediately after
anchoring.
(H) All coordinates referenced use datum: NAD 83.
* * * * *
Dated: March 28, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-8827 Filed 4-12-11; 8:45 am]
BILLING CODE 9110-04-P
