Anchorage Grounds; Saint Lawrence Seaway, Cape Vincent, New York, 4882-4884 [2018-02114]
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules
U.S.C.
2018 for which a valid election under
§ 301.9100–22T is in effect.
II. Background, Purpose, and Legal
Basis
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2018–01989 Filed 2–1–18; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2017–1125]
RIN 1625–AA01
Anchorage Grounds; Saint Lawrence
Seaway, Cape Vincent, New York
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish at the request of the Saint
Lawrence Seaway Development
Corporation, two separate anchorage
grounds, Carleton Island Anchorage and
Tibbetts Point Anchorage, near Cape
Vincent, New York. The Federal
Anchorage Ground designations will
enable a pilot to disembark a safely
anchored vessel which will help reduce
pilot fatigue, increase pilot availability,
and reduce costs incurred by vessels
transiting the Seaway. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 3, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–1125 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Jason Radcliffe, Ninth District,
Waterways Operations, U.S. Coast
Guard; telephone 216–902–6060, email
jason.a.radcliffe2@uscg.mil.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
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United States Code
The Coast Guard proposes to establish
two anchorage grounds one in the
vicinity of Carleton Island, New York
and the second near Tibbetts Point, New
York. Each area has historically been
used as an anchorage and the Saint
Lawrence Seaway Development
Corporation, at the request of its
waterway users, has requested each area
to be officially designated as Federal
Anchorage Grounds.
Without this designation, pilots who
anchor a ship in the respective areas are
unable to disembark during sustained
delay periods which hinder compliance
with rest requirements and complicate
pilot availability and logistics for other
vessels. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
471, 1221 through 1236, 2071; 33 CFR
1.05–1; Department of Homeland
Security Delegation No. 0170.1.
III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish two new anchorage areas to be
known as Carleton Island Anchorage
and Tibbetts Point Anchorage.
The Carleton Island Anchorage would
be located just northeast and adjacent to
Carleton Island and Millen Bay. The
boundaries of Carleton Island
Anchorage are presented in the
proposed regulatory text at the end of
this document. The anchorage would be
approximately .75 square miles.
Proposed Carleton Island Anchorage is
primarily intended for use by up-bound
inland or ocean going bulk freight and
tank ships, towing vessels and barges
that need to anchor and wait for the
availability of a Lake Ontario Pilot.
Under this proposed rule no anchors
would be allowed to be placed in the
channel and no portion of the hull or
rigging would be allowed to extend
outside the limits of the anchorage area.
The Tibbetts Point Anchorage would
be located just west and adjacent to
Tibbetts Point and Fuller Bay. The
boundaries of Tibbett’s Point Anchorage
are presented in the proposed regulatory
text at the end of this document. The
anchorage would be approximately 1.5
square miles. Proposed Tibbett’s Point
Anchorage is primarily intended for use
by down-bound inland or ocean going
bulk freight and tank ships, towing
vessels and barges that need to anchor
and wait for the availability of a River
Pilot. Under this proposed rule no
anchors would be allowed to be placed
in the channel and no portion of the
hull or rigging would be allowed to
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Sfmt 4702
extend outside the limits of the
anchorage area.
Whenever the maritime or
commercial interests of the United
States so require, the Saint Lawrence
Seaway Development Corporation or
their designated representative may
direct the movement of any vessel
anchored or moored within the
anchorage area. The Coast Guard has
ascertained the view of the Buffalo, New
York District and Division Engineer,
Corps of Engineers, U.S. Army, about
the specific provisions of this proposed
rule.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility.
Executive Order 13771 directs
agencies to control regulatory costs
through a budgeting process. This
NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget, and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
We conclude that this proposed rule
is not a significant regulatory action
based on the location and size of the
proposed anchorage grounds, as well as
the historical automatic identification
system (AIS) data. The impacts on
routine navigation are expected to be
minimal because the proposed
anchorage grounds are located outside
the navigational channel. When not
occupied, vessels would be able to
maneuver in, around and through the
anchorage.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules
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.
The number of small entities
impacted and the extent of the impact,
if any, is expected to be minimal. The
anchorage area is not routinely transited
by vessels heading to, or returning from,
known fishing grounds. It is also not
used by small entities, including small
vessels, for anchoring due to the depth
of water naturally present in the area.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. 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.
sradovich on DSK3GMQ082PROD with PROPOSALS
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
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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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, which guides
the Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
made a preliminary determination that
this action is one of a category of actions
that do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves the establishment of a
permanent anchorage near Carleton
Island, New York. Normally such
actions are categorically excluded from
further review under paragraph L59(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
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V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
We do not plan to hold a public
meeting. You may submit a request for
a public meeting by contacting
Lieutenant Radcliffe under the
ADDRESSES explaining why one would
be beneficial. If we determine that one
would aid in this rulemaking, we will
hold one at a time and place announced
by a later notice in the Federal Register.
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, 2071; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
■
2. Add § 110.209 to read as follows:
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Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules
§ 110.209 Saint Lawrence Seaway
Anchorages, NY.
Announcement of public
hearings.
ACTION:
(a) Carleton Island Anchorage; Saint
Lawrence River, Cape Vincent, New
York.
(1) Carleton Island Anchorage Area.
The waters bounded by a line
connecting the following, beginning at
44°11′57.11″ N, 076°14′04.62″ W; thence
to 44°11′21.80″ N, 076°14′05.77″ W;
thence to 44°11′34.07″ N, 076°15′49.57″
W; 44°11′35.35″ N, 076°16′47.50″ W;
44°11′43.49″ N, 076°16′48.00″ W;
44°11′57.11″ N, 076°14′04.62″ W and
back to the beginning point. These
coordinates are based on WGS 84.
(2) Tibbett’s Island Anchorage Area.
The waters bounded by a line
connecting the following points,
beginning at 44°05′20.27″ N,
076°23′25″78° W; thence to 44°05′21.85″
N, 076°22′40.97″ W; thence to
44°04′34.08″ N, 076°23′09.98″ W;
44°04′07.72″ N; 076°23′33.76″ W;
44°04′32.78″ N, 076°24′43.80″ W;
44°05′44.37″ N, 076°23′56.29″ W;
44°05′20.27″ N, 076°23′ 25.78″ W and
back to the beginning point. These
coordinates are based on WGS 84.
(b) The Regulations. (1) Anchors must
not be placed in the Saint Lawrence
Seaway shipping channel. No portion of
the hull or rigging may extend outside
the limits of the anchorage area.
(2) No vessel may occupy any general
anchorage described in paragraph (a) of
this section for a period longer than 10
days unless approval is obtained from
the Captain of the Port for that purpose.
(3) The COTP, or authorized
representative, may require vessels to
depart from the Anchorages described
above before the expiration of the
authorized or maximum stay. The
COTP, or authorized representative, will
provide at least 12-hour notice to a
vessel required to depart the
anchorages.
Dated: January 11, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2018–02114 Filed 2–1–18; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
sradovich on DSK3GMQ082PROD with PROPOSALS
Copyright Office
37 CFR Part 201
[Docket No. 2017–10]
Exemptions To Permit Circumvention
of Access Controls on Copyrighted
Works: Notice of Public Hearings
U.S. Copyright Office, Library
of Congress.
AGENCY:
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16:38 Feb 01, 2018
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The United States Copyright
Office will be holding public hearings as
part of the seventh triennial rulemaking
proceeding under the Digital
Millennium Copyright Act (‘‘DMCA’’)
concerning possible exemptions to the
DMCA’s prohibition against
circumvention of technological
measures that control access to
copyrighted works. The public hearings
will be held in April 2018 in
Washington, DC and Los Angeles.
Parties interested in testifying at the
public hearings are invited to submit
requests to testify pursuant to the
instructions set forth below.
DATES: The public hearings in
Washington, DC are scheduled for April
10, 11, 12, and 13, 2018, on each day
from 9:00 a.m. to 5:00 p.m. The public
hearings in Los Angeles are scheduled
for April 23, 24, and 25, 2018, on each
day from 9:00 a.m. to 5:00 p.m. Requests
to testify must be received no later than
11:59 p.m. Eastern time on February 21,
2018. Although the Office currently
anticipates up to four days of hearings
in Washington, DC and three days of
hearings in Los Angeles, the Office may
adjust this schedule depending upon
the number and nature of requests to
testify. Once the schedule of hearing
witnesses is finalized, the Office will
notify all participants and post the times
and dates of the hearings at https://
www.copyright.gov/1201/2018/.
ADDRESSES: The Washington, DC
hearings will be held in the Mumford
Room of the James Madison Building of
the Library of Congress, 101
Independence Ave. SE, Washington, DC
20540. The Los Angeles hearings will be
held in Room 1314 of the UCLA School
of Law, 385 Charles E. Young Drive
East, Los Angeles, CA 90095. Requests
to testify should be submitted through
the request form available at https://
www.copyright.gov/1201/2018/hearingrequest.html. Any person who is unable
to send a request via the website should
contact the Office using the contact
information below to make an
alternative arrangement for submission
of a request to testify. The
SUPPLEMENTARY INFORMATION section
below includes additional instructions
on submitting requests to testify.
FOR FURTHER INFORMATION CONTACT:
Sarang Vijay Damle, General Counsel
and Associate Register of Copyrights, by
email at sdam@loc.gov, Regan A. Smith,
Deputy General Counsel, by email at
resm@loc.gov, Anna Chauvet, Assistant
General Counsel, by email at achau@
loc.gov, or Jason E. Sloan, AttorneySUMMARY:
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Advisor, by email at jslo@loc.gov. Each
can be contacted by telephone by calling
(202) 707–8350.
SUPPLEMENTARY INFORMATION: On June
30, 2017, the Copyright Office published
a notice of inquiry in the Federal
Register to initiate the seventh triennial
rulemaking proceeding under 17 U.S.C.
1201(a)(1), which provides that the
Librarian of Congress, upon
recommendation of the Register of
Copyrights, may exempt certain classes
of copyrighted works from the
prohibition against circumventing a
technological measure that controls
access to a copyrighted work. 82 FR
29804 (June 30, 2017). On October 26,
2017, the Office published a notice of
proposed rulemaking setting forth
proposed exemptions for twelve classes
of works and requesting responsive
comments. 82 FR 49550 (Oct. 26, 2017).
The responsive comments received thus
far have been posted on the Office’s
website. See https://www.copyright.gov/
1201/2018/.
At this time, the Office is announcing
public hearings to be held in
Washington, DC and Los Angeles to
further consider the proposed
exemptions. The Office plans to
convene panels of witnesses for the
proposals to be considered, and may
combine certain panels if the witnesses
and/or key issues substantially overlap.
The Office will schedule panels for
particular exemptions in either
Washington, DC or Los Angeles unless
compelling circumstances require that a
proposed class be considered in both
cities. Limiting the discussion of each
proposed class to one city or another
will better ensure that witnesses can
respond to the points made by others
and avoid duplicative discussion. All of
the hearings will be live streamed
online. If no request to testify is
received for a proposed exemption, the
Office will consider the class based on
the written submissions and any exparte communications with interested
parties (discussed below).
A. Submitting Requests To Testify
A request to testify should be
submitted to the Copyright Office using
the form on the Office’s website
indicated in the ADDRESSES section
above. Anyone wishing to testify with
respect to more than one proposed class
must submit a separate form for each
request. If multiple people from the
same organization wish to testify on
different panels, each should submit a
separate request for each panel. If
multiple people from the same
organization wish to testify on the same
panel, each should submit a request for
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Agencies
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Proposed Rules]
[Pages 4882-4884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02114]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2017-1125]
RIN 1625-AA01
Anchorage Grounds; Saint Lawrence Seaway, Cape Vincent, New York
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish at the request of the
Saint Lawrence Seaway Development Corporation, two separate anchorage
grounds, Carleton Island Anchorage and Tibbetts Point Anchorage, near
Cape Vincent, New York. The Federal Anchorage Ground designations will
enable a pilot to disembark a safely anchored vessel which will help
reduce pilot fatigue, increase pilot availability, and reduce costs
incurred by vessels transiting the Seaway. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 3, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-1125 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Jason Radcliffe, Ninth
District, Waterways Operations, U.S. Coast Guard; telephone 216-902-
6060, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard proposes to establish two anchorage grounds one in
the vicinity of Carleton Island, New York and the second near Tibbetts
Point, New York. Each area has historically been used as an anchorage
and the Saint Lawrence Seaway Development Corporation, at the request
of its waterway users, has requested each area to be officially
designated as Federal Anchorage Grounds.
Without this designation, pilots who anchor a ship in the
respective areas are unable to disembark during sustained delay periods
which hinder compliance with rest requirements and complicate pilot
availability and logistics for other vessels. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 471, 1221 through 1236,
2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish two new anchorage areas
to be known as Carleton Island Anchorage and Tibbetts Point Anchorage.
The Carleton Island Anchorage would be located just northeast and
adjacent to Carleton Island and Millen Bay. The boundaries of Carleton
Island Anchorage are presented in the proposed regulatory text at the
end of this document. The anchorage would be approximately .75 square
miles. Proposed Carleton Island Anchorage is primarily intended for use
by up-bound inland or ocean going bulk freight and tank ships, towing
vessels and barges that need to anchor and wait for the availability of
a Lake Ontario Pilot. Under this proposed rule no anchors would be
allowed to be placed in the channel and no portion of the hull or
rigging would be allowed to extend outside the limits of the anchorage
area.
The Tibbetts Point Anchorage would be located just west and
adjacent to Tibbetts Point and Fuller Bay. The boundaries of Tibbett's
Point Anchorage are presented in the proposed regulatory text at the
end of this document. The anchorage would be approximately 1.5 square
miles. Proposed Tibbett's Point Anchorage is primarily intended for use
by down-bound inland or ocean going bulk freight and tank ships, towing
vessels and barges that need to anchor and wait for the availability of
a River Pilot. Under this proposed rule no anchors would be allowed to
be placed in the channel and no portion of the hull or rigging would be
allowed to extend outside the limits of the anchorage area.
Whenever the maritime or commercial interests of the United States
so require, the Saint Lawrence Seaway Development Corporation or their
designated representative may direct the movement of any vessel
anchored or moored within the anchorage area. The Coast Guard has
ascertained the view of the Buffalo, New York District and Division
Engineer, Corps of Engineers, U.S. Army, about the specific provisions
of this proposed rule.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
Executive Order 13771 directs agencies to control regulatory costs
through a budgeting process. This NPRM has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget, and pursuant to OMB guidance it is exempt from the
requirements of Executive Order 13771.
We conclude that this proposed rule is not a significant regulatory
action based on the location and size of the proposed anchorage
grounds, as well as the historical automatic identification system
(AIS) data. The impacts on routine navigation are expected to be
minimal because the proposed anchorage grounds are located outside the
navigational channel. When not occupied, vessels would be able to
maneuver in, around and through the anchorage.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small
[[Page 4883]]
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.
The number of small entities impacted and the extent of the impact,
if any, is expected to be minimal. The anchorage area is not routinely
transited by vessels heading to, or returning from, known fishing
grounds. It is also not used by small entities, including small
vessels, for anchoring due to the depth of water naturally present in
the area.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
involves the establishment of a permanent anchorage near Carleton
Island, New York. Normally such actions are categorically excluded from
further review under paragraph L59(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
We do not plan to hold a public meeting. You may submit a request
for a public meeting by contacting Lieutenant Radcliffe under the
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid in this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
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
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 110.209 to read as follows:
[[Page 4884]]
Sec. 110.209 Saint Lawrence Seaway Anchorages, NY.
(a) Carleton Island Anchorage; Saint Lawrence River, Cape Vincent,
New York.
(1) Carleton Island Anchorage Area. The waters bounded by a line
connecting the following, beginning at 44[deg]11'57.11'' N,
076[deg]14'04.62'' W; thence to 44[deg]11'21.80'' N, 076[deg]14'05.77''
W; thence to 44[deg]11'34.07'' N, 076[deg]15'49.57'' W;
44[deg]11'35.35'' N, 076[deg]16'47.50'' W; 44[deg]11'43.49'' N,
076[deg]16'48.00'' W; 44[deg]11'57.11'' N, 076[deg]14'04.62'' W and
back to the beginning point. These coordinates are based on WGS 84.
(2) Tibbett's Island Anchorage Area. The waters bounded by a line
connecting the following points, beginning at 44[deg]05'20.27'' N,
076[deg]23'25''78[deg] W; thence to 44[deg]05'21.85'' N,
076[deg]22'40.97'' W; thence to 44[deg]04'34.08'' N, 076[deg]23'09.98''
W; 44[deg]04'07.72'' N; 076[deg]23'33.76'' W; 44[deg]04'32.78'' N,
076[deg]24'43.80'' W; 44[deg]05'44.37'' N, 076[deg]23'56.29'' W;
44[deg]05'20.27'' N, 076[deg]23' 25.78'' W and back to the beginning
point. These coordinates are based on WGS 84.
(b) The Regulations. (1) Anchors must not be placed in the Saint
Lawrence Seaway shipping channel. No portion of the hull or rigging may
extend outside the limits of the anchorage area.
(2) No vessel may occupy any general anchorage described in
paragraph (a) of this section for a period longer than 10 days unless
approval is obtained from the Captain of the Port for that purpose.
(3) The COTP, or authorized representative, may require vessels to
depart from the Anchorages described above before the expiration of the
authorized or maximum stay. The COTP, or authorized representative,
will provide at least 12-hour notice to a vessel required to depart the
anchorages.
Dated: January 11, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-02114 Filed 2-1-18; 8:45 am]
BILLING CODE 9110-04-P