Anchorage Ground; Approaches to New York, Ambrose, Long Beach, NY, 17090-17096 [2021-06521]
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17090
Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Proposed Rules
Issued on March 25, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–06550 Filed 3–31–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 96
46 CFR Parts 71, 115, and 176
[Docket No. USCG–2020–0123]
RIN 1625–AC65
Safety Management Systems for
Domestic Passenger Vessels
Coast Guard, DHS.
Advance notice of proposed
rulemaking; extension of comment
period.
AGENCY:
ACTION:
The Coast Guard is extending
the comment period for the advance
notice of proposed rulemaking
published January 15, 2021, that seeks
comments on the potential use of Safety
Management Systems to improve safety
and reduce marine casualties on board
U.S.-flagged passenger vessels. We are
extending the comment period an
additional 45 days, to June 1, 2021.
DATES: The comment period for the
advance notice of proposed rulemaking
published January 15, 2021, 86 FR 3899,
is extended. Comments must be
received by the Coast Guard on or before
June 1, 2021.
FOR FURTHER INFORMATION CONTACT: For
information about this document, call or
email Lieutenant Kimberly Gates, Vessel
and Facility Operating Standards
Division (CG–OES–2), U.S. Coast Guard,
2703 Martin Luther King Jr. Avenue SE,
Washington, DC 20593; telephone 202–
372–1455, email kimberly.m.gates@
uscg.mil.
SUMMARY:
The Coast
Guard received a request to extend the
comment period for an additional 45
days on its advance notice of proposed
rulemaking (ANPRM) entitled ‘‘Safety
Management Systems for Domestic
Passenger Vessels,’’ that was published
January 15, 2021 (86 FR 3899). The
requester cited ongoing COVID–19
impacts and that vessel owners and
operators of the potentially affected
population are impacted operationally.
In response to this request, we are
extending the comment period to June
1, 2021.
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SUPPLEMENTARY INFORMATION:
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The Coast Guard is evaluating the
potential use of Safety Management
Systems (SMSs) to improve safety and
reduce marine casualties on board U.S.
flagged passenger vessels. The ANPRM
published January 15, 2021, seeks
public input and responses to specific
questions on the feasibility,
applicability, and nature of Safety
Management Systems for potential use
on U.S.-flagged passenger vessels. The
Coast Guard may use this information to
develop a proposed rule.
On March 1, 2021, we published a
correction (86 FR 11913) to one of the
questions in the ANPRM. The corrected
Question 19 now reads: ‘‘How would
the costs and benefits of expanding
other existing regulations, as detailed in
question 6, differ from the costs and
benefits of requiring SMSs for all
passenger vessels?’’
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If you cannot
submit your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
The ANPRM and public comments in
response to it are available in our online
docket at https://www.regulations.gov,
and can be viewed by following that
website’s instructions. We review all
comments received, but we will only
post comments that address the topic of
the ANPRM. We may choose not to post
off-topic, inappropriate, or duplicate
comments that we receive. Additionally,
if you visit the online docket and sign
up for email alerts, you will be notified
when comments or additional
documents are posted. The Coast Guard
will not issue a separate response to the
comments received, but will carefully
consider each comment and will
address them in a proposed rule if one
is developed.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see the Department of
Homeland Security’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Dated: March 19, 2021.
M.T. Cunningham,
Chief, Office of Regulations and
Administrative Law.
[FR Doc. 2021–06145 Filed 3–31–21; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2020–0620]
Anchorage Ground; Approaches to
New York, Ambrose, Long Beach, NY
Coast Guard, DHS.
Notification of inquiry; request
for comments.
AGENCY:
ACTION:
We are requesting public
comments regarding the potential
establishment of an anchorage ground in
an area referred to by mariners as the
‘‘Ambrose anchorage,’’ which is an
offshore area that has been used by
ships awaiting inshore anchorages or
berths. The area is located in the
approaches to New York, approximately
3 nautical miles south of Long Beach,
New York, and just north of the
Nantucket to Ambrose Traffic Lane. The
Coast Guard is considering formally
establishing an anchorage ground at this
location, possibly with regulations
governing its use, if doing so will
improve navigation safety and enhance
safe and efficient flow of vessel traffic
and commerce. We are seeking your
comments on the benefits and impacts
of establishing a regulated anchorage
ground, and if so, what types of
requirements we should consider for the
Coast Guard oversight of the anchorage
ground.
DATES: Your comments and related
material must reach the Coast Guard on
or before June 1, 2021. Commenters
should be aware that the electronic
Federal Docket Management System
will not accept comments after midnight
Eastern Daylight Time on the last day of
the comment period. Although the Coast
Guard prefers and highly encourages all
comments and related material be
submitted directly to the electronic
docket, two virtual public meetings will
be held via webinar and teleconference
to provide an opportunity for oral
comments regarding the possible
establishment of an anchorage ground,
often informally referred to as the
‘‘Ambrose anchorage’’ on Wednesday,
April 21, 2021, beginning at 9 a.m. EST,
and on Tuesday, April 27, 2021,
beginning at 5 p.m. EST.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0620 using the Federal portal at
https://www.regulations.gov. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
SUMMARY:
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Proposed Rules
further instructions on submitting
comments.
The virtual public meeting on
Wednesday, April 21, 2021, beginning
at 9 a.m. EST, will be held via webinar
and teleconference.
The virtual public meeting on
Tuesday, April 27, 2021, beginning at 5
p.m. EST, will be held via webinar and
teleconference.
Access information for these virtual
public meetings will be posted at
https://homeport.uscg.mil/portdirectory/new-york by Friday, April 9,
2021 under the News and Events
section.
If
you have questions about this
notification of inquiry, call or email Mr.
Craig Lapiejko, First Coast Guard
District (dpw), U.S. Coast Guard;
telephone (617) 223–8351, email
craig.d.lapiejko@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
§ Section
MTS Marine Transportation System
U.S.C. United States Code
II. Background and Purpose
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The Coast Guard is considering the
establishment of an anchorage ground,
informally referred to by mariners as the
‘‘Ambrose anchorage,’’ located in the
approaches to New York, 3 nautical
miles south of Long Beach, New York,
and just north of the Nantucket to
Ambrose Traffic Lane. Our authority to
establish anchorage grounds is found in
33 U.S.C. 471. Under Title 33 Code of
Federal Regulation (CFR) § 1.05–1, U.S.
Coast Guard District Commanders are
delegated the authority to establish
anchorage grounds by the Commandant
of the U.S. Coast Guard.
The Coast Guard plays a major role in
the management of the nation’s Marine
Transportation System (MTS). The MTS
is a complex system that includes ports,
vessels, lock chambers, intermodal
connections, marine terminals, and aids
to navigation. The approaches to New
York are a part of this system providing
safe and predictable access to the
critical ports of New York and New
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Jersey. The Coast Guard’s role is to
support access to navigable waterways
for mariners, facilitate movement of
commerce, and support environmental
protection, all in a safe manner.
Global trends are bringing newer
classes of large ships to the ports of New
York and New Jersey. A recently
completed harbor deepening project
increased the Federal project depth to
50 feet in New York Harbor to
accommodate the next generation of
commercial ships. Ships going to or
from the ports of New York and New
Jersey anchor in unregulated areas
located in the approaches to New York
north of the Nantucket to Ambrose
Traffic Lane. Vessels may be anchoring
in this area for a broad range of
purposes including waiting for available
space at berths or inshore anchorage
grounds, waiting on inspection, taking
on stores, transferring of personnel, or
other activities. Regulated anchorage
grounds are available within the port of
New York and New Jersey. Regulations
establishing these anchorage grounds
and governing their use are set out in 33
CFR 110.155. These anchorage ground
regulations were last revised in January
2015 to establish and modify anchorage
grounds to support port demands and
enhance navigation safety. See Final
Rule published in the Federal Register
on January 15, 2015 (80 FR 2011).
In 2016, the Coast Guard requested
comments on its draft report of the
Atlantic Coast Port Access Route Study
(ACPARS) (81 FR 13307, March 14,
2016) that analyzed the Atlantic Coast
waters seaward of existing port
approaches within the U.S. Exclusive
Economic Zone, and announced the
report as final in 2017 (82 FR 16510,
April 5, 2017). This multiyear study
began in 2011, included public
participation, and identified key
alongshore navigation routes
customarily followed by ships engaged
in commerce between U.S. ports from
New York and New Jersey to the Florida
Straits. See https://navcen.uscg.gov/
?pageName=PARSReports.
In 2020, the Coast Guard published an
advance notice of proposed rulemaking
(ANPRM) titled Shipping Safety
Fairways Along the Atlantic Coast (85
FR 37034, June 19, 2020) seeking
comments regarding the possible
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17091
establishment of a system of shipping
safety fairways (‘‘fairways’’) along the
Atlantic Coast of the United States
identified as navigation safety corridors
in the ACPARS.
Also in 2020, the Coast Guard
published a notice of study announcing
the Northern New York Bight Port
Access Route Study (NNYBPARS) (85
FR 38907, June 29, 2020) to obtain
comments regarding the adequacy of
existing vessel routing measures and to
determine whether additional vessel
routing measures are necessary for port
approaches to New York and New Jersey
and other port approaches in the First
Coast Guard District area of
responsibility. During a 60-day
comment period, five of the 24
comments submitted discussed or at
least mentioned concerns about areas
where vessels anchor within the study
area. Some of these comments
recommended the Coast Guard identify
the customary areas that vessels anchor
and federally designate them as
anchorage grounds. One comment
specifically described an area off Long
Beach, New York believed to be used for
anchoring commercial ships.
Within recent years, members of the
New York Harbor Safety, Navigation
and Operations Committee have raised
concerns of how potential wind energy
leases or the routing of associated
transmission cables might conflict with
traditional unregulated anchorage
grounds thereby preventing their
continued use.
Preliminary details describing the
location of this contemplated anchorage
ground are provided below. The
anchorage ground dimensions would be
approximately 5 nautical miles by 3
nautical miles and would encompass an
area of approximately 15 square nautical
miles. The anchorage ground would
encompass all waters within the lines
connecting the following points using
coordinates based on North American
Datum of 1983 (NAD83).
40 28′ 24.430″ N, 073 39′ 31.644″ W,
40 29′ 19.002″ N, 073 33′ 16.321″ W,
40 31′ 06.599″ N, 073 36′ 30.493″ W,
40 31′ 27.763″ N, 073 41′ 42.667″ W,
40 29′ 14.949″ N, 073 40′ 29.677″ W,
40 29′ 14.896″ N, 073 39′ 31.361″ W,
thence to point of origin.
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Illustration showing the location of the considered anchorage ground.
Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Proposed Rules
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Illustration showing the location of the considered anchorage ground.
17094
Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Proposed Rules
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Illustration showing details near the location of the considered anchorage ground.
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III. Information Requested
Public participation will help the
Coast Guard decide whether to formally
establish the anchorage ground, often
informally referred to as the ‘‘Ambrose
anchorage,’’ located in the approaches
to New York, 3 nautical miles south of
Long Beach, New York, and just north
of the Nantucket to Ambrose Traffic
Lane. The Coast Guard seeks public
comments, positive or negative,
regarding the benefits and impacts a
regulated anchorage ground may have
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on navigational safety, continued
growth of the Port of New York and
New Jersey, offshore renewable energy
and associated economic activity, and
other activities in this offshore area. In
the event the Coast Guard were to
proceed with an anchorage ground in
this location, it would follow normal
notice and comment rulemaking
processes in accordance with the
Administrative Procedure Act, 5 U.S.C.
551 et seq.
We are also specifically seeking
comments on:
1. Any alterations to the specific
location, size or boundary lines of how
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we describe the considered Ambrose
anchorage area.
2. Should we establish a Federal
anchorage ground, and if so, what
regulations should we consider to
manage it. This could include but is not
limited to regulations governing
capacity, size or type of vessel, usage, or
duration vessels may remain at anchor.
3. Additional information or concerns
regarding the two inactive submarine
communication cables that lay within
the contemplated anchorage ground and
how they would affect the ability to
anchor safely.
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Additional illustrations showing the
location of this considered anchorage
ground are available in the docket.
17095
Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Proposed Rules
14
TO
Illustration showing the two submarine cables that lay within the considered anchorage ground.
4. Additional information, concerns,
or possible solutions regarding the
conflict this considered anchorage
ground will have with the Long Island
Fairway proposed in the ANPRM titled
Shipping Safety Fairways Along the
Atlantic Coast (85 FR 37034, June 19,
2020).
We encourage you to submit
comments through the Federal 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. In your
submission, please include the docket
number for this notice of inquiry and
provide a reason for each suggestion or
recommendation.
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
submissions in response to this
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16:05 Mar 31, 2021
Jkt 253001
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this notice
of inquiry 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.
We plan to hold two virtual public
meetings to receive oral comments on
this notice. Again, as stated earlier, the
Coast Guard prefers and highly
encourages all comments and related
material be submitted directly to the
online public docket, but two virtual
public meetings will be held via
webinar and teleconference to provide
an opportunity for oral comments
regarding the possible establishment of
an anchorage ground, often informally
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referred to as the ‘‘Ambrose anchorage.’’
If you want to provide a written version
of your oral comments made at the
virtual public meeting, you may submit
them directly to Mr. Craig Lapiejko.
These comments will be added to our
online public docket. 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. Attendance at the virtual
public meeting is not required. We will
provide a written summary of the oral
comments received and will place that
summary in the online public docket.
The virtual public meeting on
Wednesday, April 21, 2021, beginning
at 9 a.m. EST, will be held via webinar
and teleconference.
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IV. Public Participation and Request for
Comments
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Illustration showing conflict between the considered anchorage ground and the southern
end of the proposed Long Island Fairway.
17096
Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Proposed Rules
The virtual public meeting on
Tuesday, April 27, 2021, beginning at 5
p.m. EST, will be held via webinar and
teleconference.
Access information for these virtual
public meetings will be posted at
https://homeport.uscg.mil/portdirectory/new-york by Friday, April 9,
2021 under the News and Events
section.
To view the comments and
documents mentioned in this preamble
as being available in the online public
docket, go to https://
www.regulations.gov, click on the ‘‘read
comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2020–
0620’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column.
V. Future Actions
It is possible that this inquiry may
conclude that no formal anchorage
ground is necessary. It is also possible
that this inquiry may conclude that a
formal anchorage ground is needed to
improve navigation safety and provide
for the overall safe and efficient flow of
vessel traffic and commerce which will
lead to future rulemakings. If so, any
substantive rulemaking effort associated
with this project will follow Coast
Guard public notice and comment
rulemaking procedures to allow for
public participation in the process and
would require us by law, National
Environmental Policy Act (NEPA), to
undertake an assessment of the
environmental effects of our proposed
actions.
Dated: March 22, 2021.
T.G. Allan Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2021–06521 Filed 3–31–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0911]
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RIN 1625–AA09
Drawbridge Operation Regulation;
Mobile River, Hurricane, AL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating requirements for
the CSX Transportation Railroad
SUMMARY:
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drawbridge across the Mobile River,
mile 13.3 near Hurricane, Mobile
County, Alabama. This proposed rule
allows the bridge owner to operate the
bridge remotely from the CSX remote
control center in Mobile, AL.
DATES: Comments and relate material
must reach the Coast Guard on or before
September 28, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0911 using Federal e-Rulemaking
Portal at https://www.regulations.gov.
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. Doug Blakemore.
Eighth Coast Guard District Bridge
Administration Branch Chief; telephone
(504) 671–2128, email
Douglas.A.Blakemore@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
CSX CSX Transportation
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The CSX Transportation Railroad
drawbridge has a vertical clearance of
5.5’ in the closed to navigation position
and operates in accordance with 33 CFR
117.5. The CSX Railroad Company, the
owner of the bridge requested to change
operation of the bridge from a tended
drawbridge to a remotely operated
drawbridge. This proposed rule will not
change the operation schedule of the
bridge. A copy of the bridge owners
request can be found at https://
www.regulations.gov in the Docket
USCG–2019–0911.
The waterway users include
recreational vessels and commercial
tows; which combined requires
approximately six openings a day.
CSX has completed installation of a
remote operation system at the bridge
and a remote control center, located in
Mobile, AL. At the bridge, CSX has
installed infrared cameras, closed
circuit cameras and TVs,
communication systems and
information technology systems on the
bridge that allow an operator from
Mobile to monitor and control the
bridge. They have also developed an
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operations manual that remote operators
use to control each bridge.
In the future, CSX anticipates to
remotely operate an additional ten
drawbridges from the CSX remote
control center. As a general rule the
Coast Guard will consider allowing one
(1) remote operator to control up to
three (3) separate bridges. This is
dependent on the type of vessels that
use the waterways, vessel traffic volume
and environmental or geographical
conditions of each bridge and waterway
On January 27, 2020 the Coast Guard
published a temporary deviation from
regulations; request for comments (TD)
entitled Drawbridge Operation
Regulation; Mobile River, Hurricane, AL
in the Federal Register (85 FR 4587).
This temporary deviation was issued to
test the remote operations system for 60
days. The objective was to also to collect
and analyze information on how the
drawbridge operated from a remote
location and the potential effect on
vessel traffic in the area. This deviation
ended March 27, 2020.
Given the duration of time from the
end of the test period and the
development of this NPRM, the Coast
Guard is authorizing second deviation
to re-test the remote operations of the
bridge and its effect on waterway
mobility in that area. However, this
deviation will run for 180 days and
simultaneously with this NPRM. Both
under the same docket number. Both
documents can be found at https://
www.regulations.gov and comments can
be made to either document.
During the 60 day test period, the
Coast Guard did not identify any issues
with the remote operation of the bridge
or any negative impact to a vessels
reasonable ability to use this waterway.
The Coast Guard received four
comments from the public during the
test period. These comments can be
viewed in the Docket and have been
addressed throughout this NPRM or
below. These comments have been
summarized and evaluated by the Coast
Guard.
One of the comments received
expressed concern that remote operation
systems have not been proven. Under 33
CFR 117.42 the Coast Guard has
authorized a number of drawbridge to
be remotely operated with successful
results. Safety is a priority and the
bridge must operate as if a drawtender
were present at the bridge.
The same commenter had safety
concerns that without drawtenders on
site, maintenance, repairs, inspections
and vessel assistance through the bridge
would not be conducted. In accordance
with CSX procedures, drawtenders are
not allowed to perform these actions.
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]]>Agencies
[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Proposed Rules]
[Pages 17090-17096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06521]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2020-0620]
Anchorage Ground; Approaches to New York, Ambrose, Long Beach, NY
AGENCY: Coast Guard, DHS.
ACTION: Notification of inquiry; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are requesting public comments regarding the potential
establishment of an anchorage ground in an area referred to by mariners
as the ``Ambrose anchorage,'' which is an offshore area that has been
used by ships awaiting inshore anchorages or berths. The area is
located in the approaches to New York, approximately 3 nautical miles
south of Long Beach, New York, and just north of the Nantucket to
Ambrose Traffic Lane. The Coast Guard is considering formally
establishing an anchorage ground at this location, possibly with
regulations governing its use, if doing so will improve navigation
safety and enhance safe and efficient flow of vessel traffic and
commerce. We are seeking your comments on the benefits and impacts of
establishing a regulated anchorage ground, and if so, what types of
requirements we should consider for the Coast Guard oversight of the
anchorage ground.
DATES: Your comments and related material must reach the Coast Guard on
or before June 1, 2021. Commenters should be aware that the electronic
Federal Docket Management System will not accept comments after
midnight Eastern Daylight Time on the last day of the comment period.
Although the Coast Guard prefers and highly encourages all comments and
related material be submitted directly to the electronic docket, two
virtual public meetings will be held via webinar and teleconference to
provide an opportunity for oral comments regarding the possible
establishment of an anchorage ground, often informally referred to as
the ``Ambrose anchorage'' on Wednesday, April 21, 2021, beginning at 9
a.m. EST, and on Tuesday, April 27, 2021, beginning at 5 p.m. EST.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0620 using the Federal portal at https://www.regulations.gov. See
the ``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section for
[[Page 17091]]
further instructions on submitting comments.
The virtual public meeting on Wednesday, April 21, 2021, beginning
at 9 a.m. EST, will be held via webinar and teleconference.
The virtual public meeting on Tuesday, April 27, 2021, beginning at
5 p.m. EST, will be held via webinar and teleconference.
Access information for these virtual public meetings will be posted
at https://homeport.uscg.mil/port-directory/new-york by Friday, April
9, 2021 under the News and Events section.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of inquiry, call or email Mr. Craig Lapiejko, First Coast
Guard District (dpw), U.S. Coast Guard; telephone (617) 223-8351, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec. Section
MTS Marine Transportation System
U.S.C. United States Code
II. Background and Purpose
The Coast Guard is considering the establishment of an anchorage
ground, informally referred to by mariners as the ``Ambrose
anchorage,'' located in the approaches to New York, 3 nautical miles
south of Long Beach, New York, and just north of the Nantucket to
Ambrose Traffic Lane. Our authority to establish anchorage grounds is
found in 33 U.S.C. 471. Under Title 33 Code of Federal Regulation (CFR)
Sec. 1.05-1, U.S. Coast Guard District Commanders are delegated the
authority to establish anchorage grounds by the Commandant of the U.S.
Coast Guard.
The Coast Guard plays a major role in the management of the
nation's Marine Transportation System (MTS). The MTS is a complex
system that includes ports, vessels, lock chambers, intermodal
connections, marine terminals, and aids to navigation. The approaches
to New York are a part of this system providing safe and predictable
access to the critical ports of New York and New Jersey. The Coast
Guard's role is to support access to navigable waterways for mariners,
facilitate movement of commerce, and support environmental protection,
all in a safe manner.
Global trends are bringing newer classes of large ships to the
ports of New York and New Jersey. A recently completed harbor deepening
project increased the Federal project depth to 50 feet in New York
Harbor to accommodate the next generation of commercial ships. Ships
going to or from the ports of New York and New Jersey anchor in
unregulated areas located in the approaches to New York north of the
Nantucket to Ambrose Traffic Lane. Vessels may be anchoring in this
area for a broad range of purposes including waiting for available
space at berths or inshore anchorage grounds, waiting on inspection,
taking on stores, transferring of personnel, or other activities.
Regulated anchorage grounds are available within the port of New York
and New Jersey. Regulations establishing these anchorage grounds and
governing their use are set out in 33 CFR 110.155. These anchorage
ground regulations were last revised in January 2015 to establish and
modify anchorage grounds to support port demands and enhance navigation
safety. See Final Rule published in the Federal Register on January 15,
2015 (80 FR 2011).
In 2016, the Coast Guard requested comments on its draft report of
the Atlantic Coast Port Access Route Study (ACPARS) (81 FR 13307, March
14, 2016) that analyzed the Atlantic Coast waters seaward of existing
port approaches within the U.S. Exclusive Economic Zone, and announced
the report as final in 2017 (82 FR 16510, April 5, 2017). This
multiyear study began in 2011, included public participation, and
identified key alongshore navigation routes customarily followed by
ships engaged in commerce between U.S. ports from New York and New
Jersey to the Florida Straits. See https://navcen.uscg.gov/?pageName=PARSReports.
In 2020, the Coast Guard published an advance notice of proposed
rulemaking (ANPRM) titled Shipping Safety Fairways Along the Atlantic
Coast (85 FR 37034, June 19, 2020) seeking comments regarding the
possible establishment of a system of shipping safety fairways
(``fairways'') along the Atlantic Coast of the United States identified
as navigation safety corridors in the ACPARS.
Also in 2020, the Coast Guard published a notice of study
announcing the Northern New York Bight Port Access Route Study
(NNYBPARS) (85 FR 38907, June 29, 2020) to obtain comments regarding
the adequacy of existing vessel routing measures and to determine
whether additional vessel routing measures are necessary for port
approaches to New York and New Jersey and other port approaches in the
First Coast Guard District area of responsibility. During a 60-day
comment period, five of the 24 comments submitted discussed or at least
mentioned concerns about areas where vessels anchor within the study
area. Some of these comments recommended the Coast Guard identify the
customary areas that vessels anchor and federally designate them as
anchorage grounds. One comment specifically described an area off Long
Beach, New York believed to be used for anchoring commercial ships.
Within recent years, members of the New York Harbor Safety,
Navigation and Operations Committee have raised concerns of how
potential wind energy leases or the routing of associated transmission
cables might conflict with traditional unregulated anchorage grounds
thereby preventing their continued use.
Preliminary details describing the location of this contemplated
anchorage ground are provided below. The anchorage ground dimensions
would be approximately 5 nautical miles by 3 nautical miles and would
encompass an area of approximately 15 square nautical miles. The
anchorage ground would encompass all waters within the lines connecting
the following points using coordinates based on North American Datum of
1983 (NAD83).
40 28' 24.430'' N, 073 39' 31.644'' W,
40 29' 19.002'' N, 073 33' 16.321'' W,
40 31' 06.599'' N, 073 36' 30.493'' W,
40 31' 27.763'' N, 073 41' 42.667'' W,
40 29' 14.949'' N, 073 40' 29.677'' W,
40 29' 14.896'' N, 073 39' 31.361'' W, thence to point of origin.
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Additional illustrations showing the location of this considered
anchorage ground are available in the docket.
III. Information Requested
Public participation will help the Coast Guard decide whether to
formally establish the anchorage ground, often informally referred to
as the ``Ambrose anchorage,'' located in the approaches to New York, 3
nautical miles south of Long Beach, New York, and just north of the
Nantucket to Ambrose Traffic Lane. The Coast Guard seeks public
comments, positive or negative, regarding the benefits and impacts a
regulated anchorage ground may have on navigational safety, continued
growth of the Port of New York and New Jersey, offshore renewable
energy and associated economic activity, and other activities in this
offshore area. In the event the Coast Guard were to proceed with an
anchorage ground in this location, it would follow normal notice and
comment rulemaking processes in accordance with the Administrative
Procedure Act, 5 U.S.C. 551 et seq.
We are also specifically seeking comments on:
1. Any alterations to the specific location, size or boundary lines
of how we describe the considered Ambrose anchorage area.
2. Should we establish a Federal anchorage ground, and if so, what
regulations should we consider to manage it. This could include but is
not limited to regulations governing capacity, size or type of vessel,
usage, or duration vessels may remain at anchor.
3. Additional information or concerns regarding the two inactive
submarine communication cables that lay within the contemplated
anchorage ground and how they would affect the ability to anchor
safely.
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4. Additional information, concerns, or possible solutions
regarding the conflict this considered anchorage ground will have with
the Long Island Fairway proposed in the ANPRM titled Shipping Safety
Fairways Along the Atlantic Coast (85 FR 37034, June 19, 2020).
[GRAPHIC] [TIFF OMITTED] TP01AP21.004
IV. Public Participation and Request for Comments
We encourage you to submit comments through the Federal 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. In your submission, please include the docket number for
this notice of inquiry and provide a reason for each suggestion or
recommendation.
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
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this notice of inquiry 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.
We plan to hold two virtual public meetings to receive oral
comments on this notice. Again, as stated earlier, the Coast Guard
prefers and highly encourages all comments and related material be
submitted directly to the online public docket, but two virtual public
meetings will be held via webinar and teleconference to provide an
opportunity for oral comments regarding the possible establishment of
an anchorage ground, often informally referred to as the ``Ambrose
anchorage.'' If you want to provide a written version of your oral
comments made at the virtual public meeting, you may submit them
directly to Mr. Craig Lapiejko. These comments will be added to our
online public docket. 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. Attendance at the virtual public meeting is not
required. We will provide a written summary of the oral comments
received and will place that summary in the online public docket.
The virtual public meeting on Wednesday, April 21, 2021, beginning
at 9 a.m. EST, will be held via webinar and teleconference.
[[Page 17096]]
The virtual public meeting on Tuesday, April 27, 2021, beginning at
5 p.m. EST, will be held via webinar and teleconference.
Access information for these virtual public meetings will be posted
at https://homeport.uscg.mil/port-directory/new-york by Friday, April
9, 2021 under the News and Events section.
To view the comments and documents mentioned in this preamble as
being available in the online public docket, go to https://www.regulations.gov, click on the ``read comments'' box, which will
then become highlighted in blue. In the ``Keyword'' box insert ``USCG-
2020-0620'' and click ``Search.'' Click the ``Open Docket Folder'' in
the ``Actions'' column.
V. Future Actions
It is possible that this inquiry may conclude that no formal
anchorage ground is necessary. It is also possible that this inquiry
may conclude that a formal anchorage ground is needed to improve
navigation safety and provide for the overall safe and efficient flow
of vessel traffic and commerce which will lead to future rulemakings.
If so, any substantive rulemaking effort associated with this project
will follow Coast Guard public notice and comment rulemaking procedures
to allow for public participation in the process and would require us
by law, National Environmental Policy Act (NEPA), to undertake an
assessment of the environmental effects of our proposed actions.
Dated: March 22, 2021.
T.G. Allan Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2021-06521 Filed 3-31-21; 8:45 am]
BILLING CODE 9110-04-P
