Special Anchorage Areas; Port of New York, NY, 5743-5747 [2012-2550]

Download as PDF Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules Tennessee is a Federal program and this amendment seeks to reinstate Tennessee’s AML plan therefore we are publishing a Federal Register notice indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 942 Intergovernmental relations, Surface mining, Underground mining. Dated: December 6, 2011. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2012–2651 Filed 2–3–12; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 110 [USCG–2011–0563] RIN 1625–AA01 Special Anchorage Areas; Port of New York, NY Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: The Coast Guard proposes to (1) establish two special anchorage areas along the Hudson River adjacent to Manhattan at the 79th Street Boat Basin; (2) establish two special anchorage areas on Sandy Hook Bay at Atlantic Highlands, NJ; (3) disestablish the western special anchorage area in Sheepshead Bay, NY; and (4) disestablish the Captain of the Port New York Commercial Mooring Buoy permit regulations and table displaying the mooring anchor, chain, and pendant requirements. This proposed action is necessary to facilitate safe navigation in these areas and provide safe and secure anchorages for vessels not more than 65 feet in length. This action is intended to increase the safety of life and property in New York City and Atlantic Highlands, NJ, improve the safety of anchored vessels, and provide for the overall safe and efficient flow of vessel traffic and commerce. tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:45 Feb 03, 2012 Jkt 226001 If you have questions on this proposed rule, call or email Mr. Jeff Yunker, Waterways Management Division, Coast Guard Sector New York; telephone (718) 354–4195, email Jeff.M.Yunker@uscg. mil or Lieutenant Junior Grade Isaac Slavitt, Waterways Management Division at Coast Guard First District, telephone (617) 223–8385, email Isaac.M.Slavitt@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: FOR FURTHER INFORMATION CONTACT: Coast Guard ACTION: Comments and related material must be received by the Coast Guard on or before April 6, 2012. Requests for public meetings must be received by the Coast Guard on or before February 27, 2012. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0563 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: (202) 493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. DATES: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www. regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2011–0563), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 5743 material online (via http://www. regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2011–0563’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2011– 0563’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor E:\FR\FM\06FEP1.SGM 06FEP1 5744 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But, you may submit a request for a public meeting using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that a public meeting would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. tkelley on DSK3SPTVN1PROD with PROPOSALS Basis and Purpose The legal basis for the proposed rule is 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define anchorage grounds. The proposed rule is intended to reduce the risk of vessel collisions by establishing two special anchorage areas in the Hudson River near the 79th Street Boat Basin, Manhattan, NY; establishing two special anchorage areas in Sandy Hook Bay at Atlantic Highlands, NJ; requiring all vessels and anchors to remain entirely within the northern and southern special anchorage areas in Sheepshead Bay, NY; and reducing the illegal mooring of vessels and dinghies to New York City property by disestablishing the western special anchorage area at Sheepshead Bay, NY. The proposed rule is also intended to reduce the confusion among professional and recreational mariners by disestablishing the Captain of the Port New York Commercial Mooring Buoy permit regulations and Table § 110.155(l)(7) displaying the mooring anchor, chain, and pendant requirements. These regulations are in conflict with current U.S. Army Corps of Engineers Federal regulations as well as New Jersey and New York local and State laws and regulations. Discussion of Proposed Rule The Coast Guard proposes to establish two new special anchorage areas on the Hudson River at the request of New York City Parks and Recreation Department (NYC PARKS). NYC PARKS requested these particular areas be designated as special anchorage areas as they have been historically used as mooring fields by recreational vessels, are no longer within the boundaries of Anchorage Ground 19 East or 19 West decreasing the knowledge of their presence to other VerDate Mar<15>2010 15:45 Feb 03, 2012 Jkt 226001 mariners transiting the area, and are within waters under the jurisdiction of New York City. The proposed rule would establish a special anchorage area to the north and south of the 79th Street Boat Basin along the Manhattan shoreline of the Hudson River, maintaining anchorage for approximately 126 vessels in two currently designated mooring fields. The first of these areas is approximately 530 yards by 170 yards, encompasses 18.40 square acres, and is about 160 yards south of the 79th Street Boat Basin. The second of these areas is approximately 2,630 yards by 160 yards, encompasses 89.90 square acres, and is north and adjacent to the 79th Street Boat Basin. The Coast Guard proposes to establish two new special anchorage areas on Sandy Hook Bay within the boundary of the Atlantic Highlands Municipal Harbor. The Borough of Atlantic Highlands requested these particular areas be designated as special anchorage areas because they have been historically used as mooring fields by recreational vessels, are within waters under the jurisdiction of the Borough of Atlantic Highlands, and would allow tenants to leave their anchor lights off during hours of darkness. The majority of their tenants do not stay on their vessels at night. Leaving their lights on overnight could result in dead batteries and inoperable bilge pumps, which could in turn result in vessels taking on water and sinking, disrupting other tenants in the area. The proposed rule would establish two special anchorage areas inside the charted breakwater at Atlantic Highlands, NJ, on Sandy Hook Bay, maintaining anchorage for approximately 195 vessels in two currently designated mooring fields. The first area is approximately 1,060 yards by 250 yards, encompasses about 51.7 square acres, and is about 100 yards north of the Atlantic Highlands Municipal Harbor. The second area is approximately 465 yards by 215 yards, encompasses about 19.7 square acres, and is east of and adjacent to the Atlantic Highlands Municipal Harbor. The proposed rule would establish a new requirement that all vessels and anchors remain within the northern and southern special anchorage areas in Sheepshead Bay, NY at all times. During times of high winds, vessels moored near the edge of these special anchorage areas were observed swinging out into Sheepshead Bay, interfering with the transit of chartered fishing boats to and from their NYC-managed piers to the west. Since moored vessels in a special anchorage area are exempt from the PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Inland Rules of the Road [Rule 30 and Rule 35 (33 CFR 83)], vessels swinging outside the special anchorage area boundaries create a high risk of collision with larger charter fishing vessels and event vessels that transit past these special anchorage areas, especially at night and during times of inclement weather. Also, when larger charter fishing vessels and event vessels maneuver to avoid colliding with recreation vessels that swing outside the special anchorage area, it creates a hazardous, close-quarters situation with two categories of vessels: (1) Other larger charter fishing vessels and event vessels operating between these two special anchorage areas, and (2) Recreational vessels swinging outside of the opposite special anchorage area. The Coast Guard also proposes to disestablish the western special anchorage area in Sheepshead Bay, NY at the request of NYC Parks. NYC Parks reports that vessels are using this special anchorage area to circumvent the guest mooring options maintained by the Sheepshead Bay boating clubs under the authority of NYC Parks. NYC Parks reports that these vessel owners secure their dinghies to the surrounding sea walls, commercial piers, or pedestrian foot bridge while the owners go ashore. This is prohibited by New York City laws and regulations and the dinghies have been confiscated by NYC Parks. This area is approximately 375 yards by 80 yards that encompasses about 6.27 square acres and is near the western end of Sheepshead Bay. This rule would disestablish the Captain of the Port New York Commercial Mooring Buoy permit regulations at 33 CFR 110.155(l)(8), along with Table § 110.155(l)(7) displaying the mooring anchor, chain, and pendant requirements. The commercial mooring buoy permits are now issued by the United States Army Corps of Engineers (USACE) under the authority of 33 CFR 322 and 33 CFR 330. The co-location of many commercial Anchorage Grounds and recreational special anchorage areas in many locations has caused confusion with many mariners regarding the issuance of these permits. As special anchorage areas are located along the shoreline they fall within the jurisdiction of the States of New Jersey and New York. Both New Jersey and New York have State Coastal Zone Management or State Navigation regulations with jurisdiction over the placement and permitting of recreational mooring buoys. Removing these mooring buoy permit regulations would reduce confusion among E:\FR\FM\06FEP1.SGM 06FEP1 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules professional and recreational mariners, and remove Federal regulations that conflict with USACE regulations as well as New Jersey and New York State laws and regulations. In developing this proposed rule, the Coast Guard has consulted with the Army Corps of Engineers, New York District, located at 26 Federal Plaza, New York, NY 10278. For permitting information, mariners should contact the NYC Parks Brooklyn Permit Office at (718) 965–8975. For guest moorings and access to/from the eastern special anchorage areas mariners may contact the following boating clubs: Miramar Yacht Club (718) 769–3548; Port Sheepshead (917) 731–8607; or Sheepshead Yacht Club (718) 891–0991. tkelley on DSK3SPTVN1PROD with PROPOSALS Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Executive Order 12866 and Executive Order 13563 This proposed 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 on fishing, or recreational boats anchoring because this rule would not affect normal surface navigation. Although this regulation may have some impact on the public, the potential impact will be minimized for the following reasons: Normal surface navigation will not be affected as the special anchorage areas on the Hudson River and Sandy Hook Bay have historically been used as mooring fields by NYC Parks and the town of Atlantic Highlands, NJ. The regulation requiring all vessels anchoring in Sheepshead Bay, NY to remain entirely within the northern and southern special anchorage areas at all times has the potential to reduce the number of vessels that are able to anchor within the special anchorage areas. However, this is necessary to maintain an open area for larger charter fishing vessels and event vessels transiting to and from NYC Parks maintained fishing piers to the west. Disestablishing the western special anchorage area in Sheepshead Bay, NY would reduce the area available for VerDate Mar<15>2010 15:45 Feb 03, 2012 Jkt 226001 5745 mooring recreational vessels; however, NYC Parks requested this action in order to reduce the illegal mooring of vessels and dinghies to NYC property while the vessel owners/operators are ashore. These vessels would still be able to anchor on transient vessel moorings in the northern and southern special anchorage areas in Sheepshead Bay, NY. We expect minimal additional cost impacts on the tug and barge operators because this rule would disestablish USCG permitting regulations that are currently under the jurisdiction of the District Engineer, U.S. Army Corps of Engineers. 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 proposed 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 and small fishing vessels intending to anchor in the Hudson River, Sandy Hook Bay, NJ, and Sheepshead Bay, NY. The proposed rule would not have a significant economic impact on a substantial number of small entities for the same reasons outlined above in the ‘‘Executive Order 12866 and Executive Order 13563’’ section. 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. 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 offer to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. E:\FR\FM\06FEP1.SGM 06FEP1 5746 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules 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. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. We believe the proposed rule would be categorically excluded, under figure 2–1, paragraph (34)(f) of the Instruction because it involves the establishment, and disestablishment, of special anchorage areas and anchorage ground regulations. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. A preliminary environmental analysis checklist is available in 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 proposes to amend 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 33 CFR 1.05–1(g); Department of Homeland Security Delegation No. 0170.1. 2. Revise § 110.60 to read as follows: tkelley on DSK3SPTVN1PROD with PROPOSALS Technical Standards § 110.60 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. * VerDate Mar<15>2010 15:45 Feb 03, 2012 Jkt 226001 Captain of the Port, New York. * * * * (c) * * * (12) 79th Street Boat Basin South. All waters of the Hudson River enclosed by a line beginning at the northwest corner of the 70th Street pier at approximate position 40°46′47.10″ N, 073°59′29.13″ W; thence to 40°47′02.60″ N, 073°59′17.88″ W; thence to 40°46′59.73″ N, 073°59′13.01″ W; thence along the shoreline and pier to the point of beginning. (13) 79th Street Boat Basin North. All waters of the Hudson River enclosed by a line beginning on the shoreline near West 110th Street at approximate position 40°48′21.06″ N, 073°58′15.72″ W; thence to 40°48′21.06″ N, 073°58′24.00″ W; thence to 40°47′14.70″ N, 073°59′09.00″ W; thence to 40°47′11.84″ N, 073°59′08.90″ W; thence along the breakwater and shoreline to the point of beginning. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 (i) The anchoring of vessels and use of the moorings in anchorage areas described in paragraphs (c)(12) and (c)(13) of this section will be under the supervision, and at the discretion, of the local Harbor Master appointed by the City of New York. Mariners may contact the boat basin on VHF CH 9 or at (212) 496–2105 for mooring and anchoring availability. All moorings or anchors shall be placed well within the anchorage areas so that no portion of the hull or rigging will at any time extend outside of the anchorage. (ii) [Reserved.] (d) * * * (6) [Reserved.] * * * * * (8) * * * (i) The anchoring of vessels and use of the moorings in anchorage areas described in paragraphs (d)(7) and (d)(8) of this section will be under the supervision, and at the discretion, of the local Harbor Master appointed by the City of New York. All moorings or anchors shall be placed well within the anchorage areas so that no portion of the hull or rigging will at any time extend outside of the anchorage. For permitting information mariners should contact the NYC Parks Brooklyn Permit Office at (718) 965–8975. For guest moorings and access to and from the anchorage areas described in paragraphs (d)(7) and (d)(8) mariners may contact the following boating clubs: Miramar Yacht Club (718) 769–3548; Port Sheepshead (917) 731– 8607; or Sheepshead Yacht Club (718) 891–0991. (ii) [Reserved]. * * * * * (11) Atlantic Highlands North. All of the waters of Sandy Hook Bay enclosed by a line beginning on the breakwater at approximate position 40°25′08.56″ N, 074°01′19.66″ W; thence to 40°25′01.59″ N, 074°01′22.70″ W; thence to 40°25′06.97″ N, 074°01′59.80″ W; thence to 40°25′11.93″ N, 074°02′01.54″ W thence along the breakwater to the point of origin. (12) Atlantic Highlands South. All of the waters of Sandy Hook Bay enclosed by a line beginning on the shoreline at approximate position 40°24′53.97″ N, 074°01′32.49″ W; thence to 40°24′59.86″ N, 074°01′31.07″ W; thence to 40°25′02.20″ N, 074°01′48.60″ W; thence to 40°24′57.42″ N, 074°01′50.53″ W; thence along the shoreline to the point of origin. (i) Mariners using the anchorage areas described in paragraphs (d)(11) and (d)(12) must contact the local harbormaster, to ensure compliance with any additional applicable state and local laws. E:\FR\FM\06FEP1.SGM 06FEP1 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Proposed Rules (ii) [Reserved] (e) Datum. All positions are NAD 1983. 3. Revise § 110.155 to read as follows: § 110.155 Port of New York. * * * * * (l) * * * (8) Operations near commercial mooring buoys permitted by the District Engineer, U.S. Army Corps of Engineers. (i) No vessel shall continuously occupy a mooring when a vessel in regular traffic requires the berth or when navigation would be menaced or inconvenienced thereby. (ii) No vessel shall moor or anchor in any anchorage in such a manner as to interfere with the use of a duly authorized mooring buoy. Nor shall any vessel moored to a buoy authorized by the District Engineer, U.S. Army Corps of Engineers be moored such that any portion of that vessel comes within 50 feet of a marked or dredged channel. (iii) No vessel shall be operated within the limits of an anchorage at speed exceeding 6 knots when in the vicinity of a moored vessel. (iv) In an emergency the Captain of the Port may shift the position of any unattended vessel moored in or near any anchorage. * * * * * Dated: January 23, 2012. D.A. Neptun, Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District. [FR Doc. 2012–2550 Filed 2–3–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket No. USCG–2011–1126] RIN 1625–AA87 Security Zones, Seattle’s Seafair Fleet Week Moving Vessels, Puget Sound, WA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: The U.S. Coast Guard is proposing to establish security zones around designated participating vessels that are not protected by the Naval Vessel Protection Zone in Seattle’s Seafair Fleet Week, while those vessels are in the Sector Puget Sound Captain of the Port (COTP) Zone. A designated participating vessel is a vessel that is named by the Coast Guard each year tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:45 Feb 03, 2012 Jkt 226001 If you have questions on this proposed rule, call or email Ensign Anthony P. LaBoy, Sector Puget Sound, Waterways Management Division, U.S. Coast Guard; telephone (206) 217–6323, email SectorPugetSoundWWM@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: FOR FURTHER INFORMATION CONTACT: Coast Guard ACTION: prior to the event in a Federal Register notice, as well as the Local Notice to Mariners. These security zones are necessary to help ensure the security of the vessels from sabotage or other subversive acts during Seattle’s Seafair Fleet Week Parade of Ships and while moored in the Port of Seattle. The Coast Guard will ensure the security of these vessels by prohibiting any person or vessel from entering or remaining in the security zones unless authorized by the Captain of the Port, Puget Sound or Designated Representative. DATES: Comments and related material must be received by the Coast Guard on or before May 7, 2012. ADDRESSES: You may submit comments identified by docket number USCG– 2011–1126 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: (202) 493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 5747 Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2011–1126), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2011–1126’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2011– 1126’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal E:\FR\FM\06FEP1.SGM 06FEP1

Agencies

[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Proposed Rules]
[Pages 5743-5747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2550]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[USCG-2011-0563]
RIN 1625-AA01


Special Anchorage Areas; Port of New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to (1) establish two special 
anchorage areas along the Hudson River adjacent to Manhattan at the 
79th Street Boat Basin; (2) establish two special anchorage areas on 
Sandy Hook Bay at Atlantic Highlands, NJ; (3) disestablish the western 
special anchorage area in Sheepshead Bay, NY; and (4) disestablish the 
Captain of the Port New York Commercial Mooring Buoy permit regulations 
and table displaying the mooring anchor, chain, and pendant 
requirements. This proposed action is necessary to facilitate safe 
navigation in these areas and provide safe and secure anchorages for 
vessels not more than 65 feet in length. This action is intended to 
increase the safety of life and property in New York City and Atlantic 
Highlands, NJ, improve the safety of anchored vessels, and provide for 
the overall safe and efficient flow of vessel traffic and commerce.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 6, 2012. Requests for public meetings must be 
received by the Coast Guard on or before February 27, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0563 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Jeff Yunker, Waterways Management Division, 
Coast Guard Sector New York; telephone (718) 354-4195, email 
Jeff.M.Yunker@uscg.mil or Lieutenant Junior Grade Isaac Slavitt, 
Waterways Management Division at Coast Guard First District, telephone 
(617) 223-8385, email Isaac.M.Slavitt@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 http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0563), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0563'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0563'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor

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union, etc.). You may review a Privacy Act notice regarding our public 
dockets in the January 17, 2008, issue of the Federal Register (73 FR 
3316).

Public Meeting

    We do not now plan to hold a public meeting. But, you may submit a 
request for a public meeting using one of the four methods specified 
under ADDRESSES. Please explain why you believe a public meeting would 
be beneficial. If we determine that a public meeting would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 471, 1221 
through 1236, 2030, 2035, 2071; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to define anchorage grounds.
    The proposed rule is intended to reduce the risk of vessel 
collisions by establishing two special anchorage areas in the Hudson 
River near the 79th Street Boat Basin, Manhattan, NY; establishing two 
special anchorage areas in Sandy Hook Bay at Atlantic Highlands, NJ; 
requiring all vessels and anchors to remain entirely within the 
northern and southern special anchorage areas in Sheepshead Bay, NY; 
and reducing the illegal mooring of vessels and dinghies to New York 
City property by disestablishing the western special anchorage area at 
Sheepshead Bay, NY. The proposed rule is also intended to reduce the 
confusion among professional and recreational mariners by 
disestablishing the Captain of the Port New York Commercial Mooring 
Buoy permit regulations and Table Sec.  110.155(l)(7) displaying the 
mooring anchor, chain, and pendant requirements. These regulations are 
in conflict with current U.S. Army Corps of Engineers Federal 
regulations as well as New Jersey and New York local and State laws and 
regulations.

Discussion of Proposed Rule

    The Coast Guard proposes to establish two new special anchorage 
areas on the Hudson River at the request of New York City Parks and 
Recreation Department (NYC PARKS).
    NYC PARKS requested these particular areas be designated as special 
anchorage areas as they have been historically used as mooring fields 
by recreational vessels, are no longer within the boundaries of 
Anchorage Ground 19 East or 19 West decreasing the knowledge of their 
presence to other mariners transiting the area, and are within waters 
under the jurisdiction of New York City.
    The proposed rule would establish a special anchorage area to the 
north and south of the 79th Street Boat Basin along the Manhattan 
shoreline of the Hudson River, maintaining anchorage for approximately 
126 vessels in two currently designated mooring fields. The first of 
these areas is approximately 530 yards by 170 yards, encompasses 18.40 
square acres, and is about 160 yards south of the 79th Street Boat 
Basin. The second of these areas is approximately 2,630 yards by 160 
yards, encompasses 89.90 square acres, and is north and adjacent to the 
79th Street Boat Basin.
    The Coast Guard proposes to establish two new special anchorage 
areas on Sandy Hook Bay within the boundary of the Atlantic Highlands 
Municipal Harbor. The Borough of Atlantic Highlands requested these 
particular areas be designated as special anchorage areas because they 
have been historically used as mooring fields by recreational vessels, 
are within waters under the jurisdiction of the Borough of Atlantic 
Highlands, and would allow tenants to leave their anchor lights off 
during hours of darkness. The majority of their tenants do not stay on 
their vessels at night. Leaving their lights on overnight could result 
in dead batteries and inoperable bilge pumps, which could in turn 
result in vessels taking on water and sinking, disrupting other tenants 
in the area.
    The proposed rule would establish two special anchorage areas 
inside the charted breakwater at Atlantic Highlands, NJ, on Sandy Hook 
Bay, maintaining anchorage for approximately 195 vessels in two 
currently designated mooring fields. The first area is approximately 
1,060 yards by 250 yards, encompasses about 51.7 square acres, and is 
about 100 yards north of the Atlantic Highlands Municipal Harbor. The 
second area is approximately 465 yards by 215 yards, encompasses about 
19.7 square acres, and is east of and adjacent to the Atlantic 
Highlands Municipal Harbor.
    The proposed rule would establish a new requirement that all 
vessels and anchors remain within the northern and southern special 
anchorage areas in Sheepshead Bay, NY at all times. During times of 
high winds, vessels moored near the edge of these special anchorage 
areas were observed swinging out into Sheepshead Bay, interfering with 
the transit of chartered fishing boats to and from their NYC-managed 
piers to the west. Since moored vessels in a special anchorage area are 
exempt from the Inland Rules of the Road [Rule 30 and Rule 35 (33 CFR 
83)], vessels swinging outside the special anchorage area boundaries 
create a high risk of collision with larger charter fishing vessels and 
event vessels that transit past these special anchorage areas, 
especially at night and during times of inclement weather. Also, when 
larger charter fishing vessels and event vessels maneuver to avoid 
colliding with recreation vessels that swing outside the special 
anchorage area, it creates a hazardous, close-quarters situation with 
two categories of vessels:
    (1) Other larger charter fishing vessels and event vessels 
operating between these two special anchorage areas, and
    (2) Recreational vessels swinging outside of the opposite special 
anchorage area.
    The Coast Guard also proposes to disestablish the western special 
anchorage area in Sheepshead Bay, NY at the request of NYC Parks. NYC 
Parks reports that vessels are using this special anchorage area to 
circumvent the guest mooring options maintained by the Sheepshead Bay 
boating clubs under the authority of NYC Parks. NYC Parks reports that 
these vessel owners secure their dinghies to the surrounding sea walls, 
commercial piers, or pedestrian foot bridge while the owners go ashore. 
This is prohibited by New York City laws and regulations and the 
dinghies have been confiscated by NYC Parks. This area is approximately 
375 yards by 80 yards that encompasses about 6.27 square acres and is 
near the western end of Sheepshead Bay.
    This rule would disestablish the Captain of the Port New York 
Commercial Mooring Buoy permit regulations at 33 CFR 110.155(l)(8), 
along with Table Sec.  110.155(l)(7) displaying the mooring anchor, 
chain, and pendant requirements. The commercial mooring buoy permits 
are now issued by the United States Army Corps of Engineers (USACE) 
under the authority of 33 CFR 322 and 33 CFR 330. The co-location of 
many commercial Anchorage Grounds and recreational special anchorage 
areas in many locations has caused confusion with many mariners 
regarding the issuance of these permits. As special anchorage areas are 
located along the shoreline they fall within the jurisdiction of the 
States of New Jersey and New York. Both New Jersey and New York have 
State Coastal Zone Management or State Navigation regulations with 
jurisdiction over the placement and permitting of recreational mooring 
buoys. Removing these mooring buoy permit regulations would reduce 
confusion among

[[Page 5745]]

professional and recreational mariners, and remove Federal regulations 
that conflict with USACE regulations as well as New Jersey and New York 
State laws and regulations.
    In developing this proposed rule, the Coast Guard has consulted 
with the Army Corps of Engineers, New York District, located at 26 
Federal Plaza, New York, NY 10278. For permitting information, mariners 
should contact the NYC Parks Brooklyn Permit Office at (718) 965-8975. 
For guest moorings and access to/from the eastern special anchorage 
areas mariners may contact the following boating clubs: Miramar Yacht 
Club (718) 769-3548; Port Sheepshead (917) 731-8607; or Sheepshead 
Yacht Club (718) 891-0991.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This proposed 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 on fishing, or 
recreational boats anchoring because this rule would not affect normal 
surface navigation. Although this regulation may have some impact on 
the public, the potential impact will be minimized for the following 
reasons: Normal surface navigation will not be affected as the special 
anchorage areas on the Hudson River and Sandy Hook Bay have 
historically been used as mooring fields by NYC Parks and the town of 
Atlantic Highlands, NJ.
    The regulation requiring all vessels anchoring in Sheepshead Bay, 
NY to remain entirely within the northern and southern special 
anchorage areas at all times has the potential to reduce the number of 
vessels that are able to anchor within the special anchorage areas. 
However, this is necessary to maintain an open area for larger charter 
fishing vessels and event vessels transiting to and from NYC Parks 
maintained fishing piers to the west.
    Disestablishing the western special anchorage area in Sheepshead 
Bay, NY would reduce the area available for mooring recreational 
vessels; however, NYC Parks requested this action in order to reduce 
the illegal mooring of vessels and dinghies to NYC property while the 
vessel owners/operators are ashore. These vessels would still be able 
to anchor on transient vessel moorings in the northern and southern 
special anchorage areas in Sheepshead Bay, NY.
    We expect minimal additional cost impacts on the tug and barge 
operators because this rule would disestablish USCG permitting 
regulations that are currently under the jurisdiction of the District 
Engineer, U.S. Army Corps of Engineers.

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 and small fishing vessels intending to anchor 
in the Hudson River, Sandy Hook Bay, NJ, and Sheepshead Bay, NY. The 
proposed rule would not have a significant economic impact on a 
substantial number of small entities for the same reasons outlined 
above in the ``Executive Order 12866 and Executive Order 13563'' 
section.
    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 offer to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1 (888) REG-FAIR (1-(888) 734-3247). The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

[[Page 5746]]

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 Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. We believe the proposed 
rule would be categorically excluded, under figure 2-1, paragraph 
(34)(f) of the Instruction because it involves the establishment, and 
disestablishment, of special anchorage areas and anchorage ground 
regulations. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule. A preliminary environmental analysis checklist is available in 
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 proposes 
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1(g); Department of Homeland Security Delegation No. 
0170.1.

    2. Revise Sec.  110.60 to read as follows:


Sec.  110.60  Captain of the Port, New York.

* * * * *
    (c) * * *
    (12) 79th Street Boat Basin South. All waters of the Hudson River 
enclosed by a line beginning at the northwest corner of the 70th Street 
pier at approximate position 40[deg]46'47.10'' N, 073[deg]59'29.13'' W; 
thence to 40[deg]47'02.60'' N, 073[deg]59'17.88'' W; thence to 
40[deg]46'59.73'' N, 073[deg]59'13.01'' W; thence along the shoreline 
and pier to the point of beginning.
    (13) 79th Street Boat Basin North. All waters of the Hudson River 
enclosed by a line beginning on the shoreline near West 110th Street at 
approximate position 40[deg]48'21.06'' N, 073[deg]58'15.72'' W; thence 
to 40[deg]48'21.06'' N, 073[deg]58'24.00'' W; thence to 
40[deg]47'14.70'' N, 073[deg]59'09.00'' W; thence to 40[deg]47'11.84'' 
N, 073[deg]59'08.90'' W; thence along the breakwater and shoreline to 
the point of beginning.
    (i) The anchoring of vessels and use of the moorings in anchorage 
areas described in paragraphs (c)(12) and (c)(13) of this section will 
be under the supervision, and at the discretion, of the local Harbor 
Master appointed by the City of New York. Mariners may contact the boat 
basin on VHF CH 9 or at (212) 496-2105 for mooring and anchoring 
availability. All moorings or anchors shall be placed well within the 
anchorage areas so that no portion of the hull or rigging will at any 
time extend outside of the anchorage.
    (ii) [Reserved.]
    (d) * * *
    (6) [Reserved.]
* * * * *
    (8) * * *
    (i) The anchoring of vessels and use of the moorings in anchorage 
areas described in paragraphs (d)(7) and (d)(8) of this section will be 
under the supervision, and at the discretion, of the local Harbor 
Master appointed by the City of New York. All moorings or anchors shall 
be placed well within the anchorage areas so that no portion of the 
hull or rigging will at any time extend outside of the anchorage. For 
permitting information mariners should contact the NYC Parks Brooklyn 
Permit Office at (718) 965-8975. For guest moorings and access to and 
from the anchorage areas described in paragraphs (d)(7) and (d)(8) 
mariners may contact the following boating clubs: Miramar Yacht Club 
(718) 769-3548; Port Sheepshead (917) 731-8607; or Sheepshead Yacht 
Club (718) 891-0991.
    (ii) [Reserved].
* * * * *
    (11) Atlantic Highlands North. All of the waters of Sandy Hook Bay 
enclosed by a line beginning on the breakwater at approximate position 
40[deg]25'08.56'' N, 074[deg]01'19.66'' W; thence to 40[deg]25'01.59'' 
N, 074[deg]01'22.70'' W; thence to 40[deg]25'06.97'' N, 
074[deg]01'59.80'' W; thence to 40[deg]25'11.93'' N, 074[deg]02'01.54'' 
W thence along the breakwater to the point of origin.
    (12) Atlantic Highlands South. All of the waters of Sandy Hook Bay 
enclosed by a line beginning on the shoreline at approximate position 
40[deg]24'53.97'' N, 074[deg]01'32.49'' W; thence to 40[deg]24'59.86'' 
N, 074[deg]01'31.07'' W; thence to 40[deg]25'02.20'' N, 
074[deg]01'48.60'' W; thence to 40[deg]24'57.42'' N, 074[deg]01'50.53'' 
W; thence along the shoreline to the point of origin.
    (i) Mariners using the anchorage areas described in paragraphs 
(d)(11) and (d)(12) must contact the local harbormaster, to ensure 
compliance with any additional applicable state and local laws.

[[Page 5747]]

    (ii) [Reserved]
    (e) Datum. All positions are NAD 1983.
    3. Revise Sec.  110.155 to read as follows:


Sec.  110.155  Port of New York.

* * * * *
    (l) * * *
    (8) Operations near commercial mooring buoys permitted by the 
District Engineer, U.S. Army Corps of Engineers.
    (i) No vessel shall continuously occupy a mooring when a vessel in 
regular traffic requires the berth or when navigation would be menaced 
or inconvenienced thereby.
    (ii) No vessel shall moor or anchor in any anchorage in such a 
manner as to interfere with the use of a duly authorized mooring buoy. 
Nor shall any vessel moored to a buoy authorized by the District 
Engineer, U.S. Army Corps of Engineers be moored such that any portion 
of that vessel comes within 50 feet of a marked or dredged channel.
    (iii) No vessel shall be operated within the limits of an anchorage 
at speed exceeding 6 knots when in the vicinity of a moored vessel.
    (iv) In an emergency the Captain of the Port may shift the position 
of any unattended vessel moored in or near any anchorage.
* * * * *

    Dated: January 23, 2012.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2012-2550 Filed 2-3-12; 8:45 am]
BILLING CODE 9110-04-P