Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY, 47837-47839 [2023-15652]
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Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
what is the timeline that the Department
should consider for a State to make such
changes?
J. Federal UC Program Oversight and
Audits
The regulation currently requires
State UC agencies to share confidential
UC information with OIG for
investigative purposes and permits
disclosure of confidential UC
information to OIG for the purposes of
UC program oversight and audits. ETA
is considering requiring States to
disclose confidential UC information to
OIG at regular intervals, as described in
questions 42–44 above. In recent years,
OIG has made requests for access to
State confidential UC information to
assist with its oversight and audits of
the UC program. In response to these
requests, ETA issued Training and
Employment Notice (TEN) No. 05–22,
which reminds States of OIG’s authority
under the Inspector General Act (IG Act)
to access information necessary for
carrying out its duties and
responsibilities under the IG Act and
strongly encourages States to comply
with data requests made by OIG. As
noted, providing the requested data to
OIG does not conflict with Federal
regulations regarding the permissibility
of disclosing confidential UC
information for the purposes of UC
program oversight and audits.
110. Are there currently any
impediments to OIG getting access to
confidential UC information for the
purposes of UC program oversight and
audits? This can include statutory,
logistical, operational, financial, or any
other impediments.
111. Should there be revisions to the
regulation to explicitly address that
written agreements are not required for
disclosure to OIG, consistent with
current guidance? If so, please explain
why.
112. What, if any, safeguards should
be in place for disclosures to OIG for
purposes of UC program oversight and
audits?
113. Under the current part 603, State
UC agencies are permitted to disclose
confidential UC information of the
purposes of UC program oversight and
audits. If State UC agencies were
required to disclose confidential UC
information to OIG for purposes of UC
program oversight and audits, are there
any considerations that the Department
should be aware of? If so, please
describe.
114. If the Department were to specify
safeguards, security requirements, or
agreement requirements associated with
disclosure of confidential UC
information to OIG for purposes of UC
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program oversight and audits, would
there be any time burdens or other costs
incurred by State UC agencies?
115. How often do States receive OIG
requests for confidential UC information
for purposes of UC program oversight
and audits?
DEPARTMENT OF HOMELAND
SECURITY
K. Miscellaneous
RIN 1625–AA01
116. Are you aware of any access
concerns related to State UC agency staff
participation in Federal UC program
oversight and audits (for example,
participation in Benefit Accuracy
Measurement, Benefits Timeliness and
Quality, or other Federal reviews)? If so,
please describe the concerns.
117. Are there any methods that the
Department could utilize to quantify the
reduction in risk associated with
enhanced protections for confidential
UC information?
118. When disclosing confidential UC
information, do State UC agencies have
established protocols for masking/
suppressing data to comply with part
603? If so, please generally describe.
119. To the extent that established
protocols for masking/suppressing
confidential UC data exist, are there
methods the Department should
consider to ease burden on State UC
agencies while still protecting the
underlying confidential UC
information?
120. Are there industry-accepted best
practices for suppressing or masking
confidential UC information?
121. If the Department revises part
603, what penalties might State UC
agencies incur associated with existing
contracts?
Anchorage Grounds, Hudson River;
Yonkers, NY to Kingston, NY
VI. Conclusion
The Department invites interested
parties to submit comments,
information, data, and supporting
materials based on the questions
provided in this RFI. The Department
has provided the list of questions above
as a framework for the scope of this RFI
and invites any submission from
interested stakeholders that addresses
some or all of these questions or
provides other useful information in
addition to responses to these questions
for the Department’s consideration.
Brent Parton,
Acting Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2023–15631 Filed 7–24–23; 8:45 am]
BILLING CODE 4510–FW–P
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Fmt 4702
Sfmt 4702
Coast Guard
33 CFR Part 110
[Docket Number USCG–2016–0132]
Coast Guard, DHS.
Advance notice of proposed
rulemaking; withdrawal.
AGENCY:
ACTION:
The Coast Guard is
withdrawing the advance notice of
proposed rulemaking titled ‘‘Anchorage
Grounds, Hudson River; Yonkers, NY to
Kingston, NY’’ published in the Federal
Register on June 9, 2016. After a review
of comments, the Coast Guard
suspended rulemaking action in 2017 to
allow for further study and analysis of
the need, impact, and appropriateness
of the requested anchorage grounds.
Among other reasons, while examining
whether there was a need for a proposed
rule, section 8437 of the Elijah E.
Cummings Coast Guard Authorization
Act of 2020 suspended the
establishment of new anchorage
grounds on the Hudson River between
Yonkers, NY and Kingston, NY.
Consequently, the Coast Guard currently
lacks authority to establish new
anchorages in this region. Accordingly,
we have determined withdrawal of this
advance notice of proposed rulemaking
titled ‘‘Anchorage Grounds, Hudson
River; Yonkers, NY to Kingston, NY’’
published in the Federal Register on
June 9, 2016, is appropriate at this time.
The Coast Guard will continue to
enforce current regulations and may
undertake future rulemaking actions as
required and authorized to protect the
waterway, the users of the waterway,
and the marine transportation system.
DATES: The advance notice of proposed
rulemaking published on June 9, 2016
(81 FR 37168) and the comment period
extended on September 7, 2016, (81 FR
61639) are withdrawn as of July 25,
2023.
ADDRESSES: The docket for the
withdrawn advance notice of proposed
rulemaking is available at the Federal
eRulemaking Portal at https://
www.regulations.gov. Please search for
docket number USCG–2016–0132.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice,
call or email Mr. Craig Lapiejko, First
Coast Guard District (dpw), U.S. Coast
Guard: telephone 617–603–8592, email
craig.d.lapiejko@uscg.mil.
SUMMARY:
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Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Proposed Rules
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ddrumheller on DSK120RN23PROD with PROPOSALS1
ANPRM Advance Notice of Proposed
Rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MSIB Marine Safety Information Bulletin
NY New York
PANYNJ Port Authority of New York and
New Jersey
PAWSA Ports and Waterways Safety
Assessment
§ Section
U.S.C. United States Code
II. Background
The Hudson River historically has
been and will remain a vital corridor for
maritime commerce. The river also
serves as a source of drinking water,
recreation, tourism, and economic
prosperity. The Coast Guard’s role
includes promoting navigational safety
and protecting the environment. These
are complementary objectives, as safer
navigation inherently improves
environmental protection. It is for these
stewardship reasons that we published
an Advance Notice of Proposed
Rulemaking (ANPRM) in June 2016 to
better understand the need for and
potential locations of anchorages that
could help improve navigation safety
and environmental protection. In
examining whether there is a need for
a proposed rule, we selected the
ANPRM from many possible tools
because it provided public participation
at the earliest possible opportunity.
The Coast Guard published two
documents related to the 2016 ANPRM.
On June 9, 2016, the Coast Guard
published the ANPRM itself, titled
‘‘Anchorage Grounds, Hudson River;
Yonkers, NY to Kingston, NY’’ in the
Federal Register and then extended the
comment period on September 7, 2016
(81 FR 61639). Again, the intent of the
ANPRM was to initiate the early stage
of a methodical and public rulemaking
process to learn all possible
navigational, environmental, terrestrial,
and other effects of adding anchorages
on the Hudson River. Establishing new
anchorage grounds in the Hudson River
from Yonkers, NY, to Kingston, NY,
were being contemplated after we
received a request suggesting that
anchorage grounds may improve
navigational safety along an extended
portion of the Hudson River.
When the ANPRM comment period
closed on December 6, 2016, the Coast
Guard had received 10,212 public
submissions with comments on the
subject from many diverse stakeholders.
A memorandum summarizing the
comments is included in this docket.
VerDate Sep<11>2014
17:12 Jul 24, 2023
Jkt 259001
After a review of the comments, the
Coast Guard suspended future
rulemaking decisions and directed a
formal risk identification and evaluation
of the Hudson River, known as a Ports
and Waterways Safety Assessment
(PAWSA). The results of this assessment
process identifying major waterway
safety hazards, estimated risk levels,
existing risk mitigations, additional risk
intervention strategies, and participant
comments and observations are outlined
in the report. The 2017 Hudson River
PAWSA report is included in this
docket.
As recommended by the 2017 Hudson
River PAWSA, and responding to other
requests, to provide clarity on the term
‘‘Port of New York’’ we studied its usage
within federal anchorage regulations, as
well as its current and historic usage by
the agencies charged with administering
those regulations. At the time Coast
Guard Sector New York released Marine
Safety Information Bulletin (MSIB)—
(2015–014), which can be found in this
docket, the ‘‘Port of New York’’ was
viewed as synonymous with ‘‘Sector
New York Captain of the Port Zone,’’ so
the anchoring prohibition within the
‘‘Port of New York’’ was seen as
applicable on the Hudson River to
Albany, NY. We have now determined,
based on historical research, that the
term ‘‘Port of New York’’ encompasses
the navigable waters within
approximately a 25-mile radius from the
Statue of the Liberty. Which is to say,
the ‘‘Port of New York’’ only extends up
the Hudson River to just south of the
Governor Mario M. Cuomo Bridge and
not the entire Hudson River to Albany,
NY. The specific boundary points for
the ‘‘Port of New York’’ are the same as
the ‘‘Port of New York District’’ created
by a 1921 inter-state compact between
New York and New Jersey and now
referred to as the ‘‘Port of New York and
New Jersey’’. Consequently, mariners
operating outside the Port of New York
are not subject to the anchoring
prohibition cited in 33 CFR
110.155(l)(2), and must comply with the
Inland Navigation Rules, which are
codified in 33 CFR part 83, when
anchoring in the Hudson River. The
complete ‘‘Port of New York’’ report
detailing the Coast Guards historical
research supporting this determination
is included in this docket.
A provision related to the Hudson
River was included in the Elijah E.
Cummings Coast Guard Authorization
Act of 2020, which is included in the
National Defense Authorization Act for
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Sfmt 4702
Fiscal Year 2021.1 In section 8437,
Congress suspended the establishment
of new anchorage grounds on the
Hudson River between Yonkers, NY and
Kingston, NY. Consequently, the Coast
Guard has no legal authority to establish
any new anchorages in this region
without a change to current legislation.
Additionally, section 8437(d),
directed the Coast Guard, in
consultation with the Hudson River
Safety, Navigation, and Operations
Committee (HRSNOC), to conduct a
study of the Hudson River north of
Tarrytown, New York. This study was to
examine—(1) the nature of vessel traffic
including vessel types, sizes, cargoes,
and frequency of transits; (2) the risks
and benefits of historic practices for
commercial vessels anchoring; and (3)
the risks and benefits of establishing
anchorage grounds on the Hudson
River. The Coast Guard’s report
submitted to Congress on February 28,
2023, containing the findings,
conclusions, and recommendations
titled ‘‘Establishing Anchorage Grounds
on the Hudson River’’ is available in
this docket.
III. Withdrawal
The Coast Guard is withdrawing the
ANPRM published on June 9, 2016. As
discussed in the background section
above, after reviewing the 10,212
comments provided during the 2016
ANPRM, after considering the results of
the 2017 Hudson River PAWSA, after
our research of the regulatory history of
the Port of New York, after Congress
suspended our legal authority to
establish any new anchorage grounds in
this region, and after conducting a study
and providing a report to Congress, we
no longer are considering creating 10
new anchorage grounds on the Hudson
River from Yonkers, NY, to Kingston,
NY.
The Coast Guard’s role on the river
will continue to include promoting
navigational safety and protecting the
environment. These are complementary
objectives, as safer navigation inherently
improves environmental protection. We
will also continue to monitor the river
and identify any regulatory gaps that
allow unacceptable risk to the
environment, the marine transportation
system, or the users of the waterway. If
regulatory gaps are identified, the Coast
Guard is committed to engaging in an
open, public process that allows all
stakeholders to educate the agency and
assist in developing the best regulatory
solution possible.
1 Public Law 116–283; JAN. 1, 2021; 134 STAT.
3388, 4633. Sec. 8437 may be found at 134 Stat.
4736.
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Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Proposed Rules
As of publication of this notice, the
ANPRM entitled ‘‘Anchorage Grounds,
Hudson River; Yonkers, NY to Kingston,
NY’’ published in the Federal Register
on June 9, 2016, will be withdrawn.
This document is issued under
authority of 5 U.S.C. 552(a).
the appropriate person, as specified
under FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT:
Dated: July 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
Illinois chorus
frog.
Species
Contact information
[FR Doc. 2023–15652 Filed 7–24–23; 8:45 am]
Venus flytrap ......
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife
and Plants; Two Species Not
Warranted for Listing as Endangered
or Threatened Species
Fish and Wildlife Service,
Interior.
ACTION: Notification of findings.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce
findings that two species are not
warranted for listing as endangered or
threatened species under the
Endangered Species Act of 1973, as
amended (Act). After a thorough review
of the best available scientific and
commercial information, we find that it
is not warranted at this time to list the
Illinois chorus frog (Pseudacris
illinoensis) and Venus flytrap (Dionaea
muscipula). However, we ask the public
to submit to us at any time any new
information relevant to the status of any
of the species mentioned above or their
habitats.
DATES: The findings in this document
were made on July 25, 2023.
ADDRESSES: Detailed descriptions of the
bases for these findings are available on
the internet at https://
www.regulations.gov under the
following docket numbers:
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
Species
Docket No.
Illinois chorus
frog.
Venus flytrap ......
FWS–R3–ES–2023–0040
FWS–R4–ES–2023–0041
Those descriptions are also available
by contacting the appropriate person as
specified under FOR FURTHER
INFORMATION CONTACT. Please submit any
new information, materials, comments,
or questions concerning this finding to
VerDate Sep<11>2014
17:12 Jul 24, 2023
Jkt 259001
Kraig McPeak, Field Supervisor, Illinois and
Iowa Ecological Services Field Office, kraig_
mcpeek@fws.gov, 309–
757–5800.
Dale Suiter, Botanist, Raleigh Ecological Services Field Office, dale_
suiter@fws.gov, 919–
856–4520.
Individuals in the United States who
are deaf, deafblind, hard of hearing, or
have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Under section 4(b)(3)(B) of the Act (16
U.S.C. 1531 et seq.), we are required to
make a finding on whether or not a
petitioned action is warranted within 12
months after receiving any petition that
we have determined contains
substantial scientific or commercial
information indicating that the
petitioned action may be warranted
(hereafter a ‘‘12-month finding’’). We
must make a finding that the petitioned
action is: (1) Not warranted; (2)
warranted; or (3) warranted but
precluded by other listing activity. We
must publish a notification of these 12month findings in the Federal Register.
Summary of Information Pertaining to
the Five Factors
Section 4 of the Act (16 U.S.C. 1533)
and the implementing regulations at
part 424 of title 50 of the Code of
Federal Regulations (50 CFR part 424)
set forth procedures for adding species
to, removing species from, or
reclassifying species on the Lists of
Endangered and Threatened Wildlife
and Plants (Lists). The Act defines
‘‘species’’ as including any subspecies
of fish or wildlife or plants, and any
distinct population segment of any
species of vertebrate fish or wildlife
which interbreeds when mature (16
U.S.C. 1532(16)). The Act defines
‘‘endangered species’’ as any species
that is in danger of extinction
throughout all or a significant portion of
its range (16 U.S.C. 1532(6)), and
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Sfmt 4702
47839
‘‘threatened species’’ as any species that
is likely to become an endangered
species within the foreseeable future
throughout all or a significant portion of
its range (16 U.S.C. 1532(20)). Under
section 4(a)(1) of the Act, a species may
be determined to be an endangered
species or a threatened species because
of any of the following five factors:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial,
recreational, scientific, or educational
purposes;
(C) Disease or predation;
(D) The inadequacy of existing
regulatory mechanisms; or
(E) Other natural or manmade factors
affecting its continued existence.
These factors represent broad
categories of natural or human-caused
actions or conditions that could have an
effect on a species’ continued existence.
In evaluating these actions and
conditions, we look for those that may
have a negative effect on individuals of
the species, as well as other actions or
conditions that may ameliorate any
negative effects or may have positive
effects.
We use the term ‘‘threat’’ to refer in
general to actions or conditions that are
known to or are reasonably likely to
negatively affect individuals of a
species. The term ‘‘threat’’ includes
actions or conditions that have a direct
impact on individuals (direct impacts),
as well as those that affect individuals
through alteration of their habitat or
required resources (stressors). The term
‘‘threat’’ may encompass—either
together or separately—the source of the
action or condition or the action or
condition itself. However, the mere
identification of any threat(s) does not
necessarily mean that the species meets
the statutory definition of an
‘‘endangered species’’ or a ‘‘threatened
species.’’ In determining whether a
species meets either definition, we must
evaluate all identified threats by
considering the expected response by
the species, and the effects of the
threats—in light of those actions and
conditions that will ameliorate the
threats—on an individual, population,
and species level. We evaluate each
threat and its expected effects on the
species, then analyze the cumulative
effect of all of the threats on the species
as a whole. We also consider the
cumulative effect of the threats in light
of those actions and conditions that will
have positive effects on the species,
such as any existing regulatory
mechanisms or conservation efforts. The
Secretary determines whether the
species meets the Act’s definition of an
E:\FR\FM\25JYP1.SGM
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Agencies
[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Proposed Rules]
[Pages 47837-47839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15652]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2016-0132]
RIN 1625-AA01
Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY
AGENCY: Coast Guard, DHS.
ACTION: Advance notice of proposed rulemaking; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is withdrawing the advance notice of proposed
rulemaking titled ``Anchorage Grounds, Hudson River; Yonkers, NY to
Kingston, NY'' published in the Federal Register on June 9, 2016. After
a review of comments, the Coast Guard suspended rulemaking action in
2017 to allow for further study and analysis of the need, impact, and
appropriateness of the requested anchorage grounds. Among other
reasons, while examining whether there was a need for a proposed rule,
section 8437 of the Elijah E. Cummings Coast Guard Authorization Act of
2020 suspended the establishment of new anchorage grounds on the Hudson
River between Yonkers, NY and Kingston, NY. Consequently, the Coast
Guard currently lacks authority to establish new anchorages in this
region. Accordingly, we have determined withdrawal of this advance
notice of proposed rulemaking titled ``Anchorage Grounds, Hudson River;
Yonkers, NY to Kingston, NY'' published in the Federal Register on June
9, 2016, is appropriate at this time. The Coast Guard will continue to
enforce current regulations and may undertake future rulemaking actions
as required and authorized to protect the waterway, the users of the
waterway, and the marine transportation system.
DATES: The advance notice of proposed rulemaking published on June 9,
2016 (81 FR 37168) and the comment period extended on September 7,
2016, (81 FR 61639) are withdrawn as of July 25, 2023.
ADDRESSES: The docket for the withdrawn advance notice of proposed
rulemaking is available at the Federal eRulemaking Portal at https://www.regulations.gov. Please search for docket number USCG-2016-0132.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email Mr. Craig Lapiejko, First Coast Guard District
(dpw), U.S. Coast Guard: telephone 617-603-8592, email
[email protected].
[[Page 47838]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ANPRM Advance Notice of Proposed Rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MSIB Marine Safety Information Bulletin
NY New York
PANYNJ Port Authority of New York and New Jersey
PAWSA Ports and Waterways Safety Assessment
Sec. Section
U.S.C. United States Code
II. Background
The Hudson River historically has been and will remain a vital
corridor for maritime commerce. The river also serves as a source of
drinking water, recreation, tourism, and economic prosperity. The Coast
Guard's role includes promoting navigational safety and protecting the
environment. These are complementary objectives, as safer navigation
inherently improves environmental protection. It is for these
stewardship reasons that we published an Advance Notice of Proposed
Rulemaking (ANPRM) in June 2016 to better understand the need for and
potential locations of anchorages that could help improve navigation
safety and environmental protection. In examining whether there is a
need for a proposed rule, we selected the ANPRM from many possible
tools because it provided public participation at the earliest possible
opportunity.
The Coast Guard published two documents related to the 2016 ANPRM.
On June 9, 2016, the Coast Guard published the ANPRM itself, titled
``Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY'' in the
Federal Register and then extended the comment period on September 7,
2016 (81 FR 61639). Again, the intent of the ANPRM was to initiate the
early stage of a methodical and public rulemaking process to learn all
possible navigational, environmental, terrestrial, and other effects of
adding anchorages on the Hudson River. Establishing new anchorage
grounds in the Hudson River from Yonkers, NY, to Kingston, NY, were
being contemplated after we received a request suggesting that
anchorage grounds may improve navigational safety along an extended
portion of the Hudson River.
When the ANPRM comment period closed on December 6, 2016, the Coast
Guard had received 10,212 public submissions with comments on the
subject from many diverse stakeholders. A memorandum summarizing the
comments is included in this docket.
After a review of the comments, the Coast Guard suspended future
rulemaking decisions and directed a formal risk identification and
evaluation of the Hudson River, known as a Ports and Waterways Safety
Assessment (PAWSA). The results of this assessment process identifying
major waterway safety hazards, estimated risk levels, existing risk
mitigations, additional risk intervention strategies, and participant
comments and observations are outlined in the report. The 2017 Hudson
River PAWSA report is included in this docket.
As recommended by the 2017 Hudson River PAWSA, and responding to
other requests, to provide clarity on the term ``Port of New York'' we
studied its usage within federal anchorage regulations, as well as its
current and historic usage by the agencies charged with administering
those regulations. At the time Coast Guard Sector New York released
Marine Safety Information Bulletin (MSIB)--(2015-014), which can be
found in this docket, the ``Port of New York'' was viewed as synonymous
with ``Sector New York Captain of the Port Zone,'' so the anchoring
prohibition within the ``Port of New York'' was seen as applicable on
the Hudson River to Albany, NY. We have now determined, based on
historical research, that the term ``Port of New York'' encompasses the
navigable waters within approximately a 25-mile radius from the Statue
of the Liberty. Which is to say, the ``Port of New York'' only extends
up the Hudson River to just south of the Governor Mario M. Cuomo Bridge
and not the entire Hudson River to Albany, NY. The specific boundary
points for the ``Port of New York'' are the same as the ``Port of New
York District'' created by a 1921 inter-state compact between New York
and New Jersey and now referred to as the ``Port of New York and New
Jersey''. Consequently, mariners operating outside the Port of New York
are not subject to the anchoring prohibition cited in 33 CFR
110.155(l)(2), and must comply with the Inland Navigation Rules, which
are codified in 33 CFR part 83, when anchoring in the Hudson River. The
complete ``Port of New York'' report detailing the Coast Guards
historical research supporting this determination is included in this
docket.
A provision related to the Hudson River was included in the Elijah
E. Cummings Coast Guard Authorization Act of 2020, which is included in
the National Defense Authorization Act for Fiscal Year 2021.\1\ In
section 8437, Congress suspended the establishment of new anchorage
grounds on the Hudson River between Yonkers, NY and Kingston, NY.
Consequently, the Coast Guard has no legal authority to establish any
new anchorages in this region without a change to current legislation.
---------------------------------------------------------------------------
\1\ Public Law 116-283; JAN. 1, 2021; 134 STAT. 3388, 4633. Sec.
8437 may be found at 134 Stat. 4736.
---------------------------------------------------------------------------
Additionally, section 8437(d), directed the Coast Guard, in
consultation with the Hudson River Safety, Navigation, and Operations
Committee (HRSNOC), to conduct a study of the Hudson River north of
Tarrytown, New York. This study was to examine--(1) the nature of
vessel traffic including vessel types, sizes, cargoes, and frequency of
transits; (2) the risks and benefits of historic practices for
commercial vessels anchoring; and (3) the risks and benefits of
establishing anchorage grounds on the Hudson River. The Coast Guard's
report submitted to Congress on February 28, 2023, containing the
findings, conclusions, and recommendations titled ``Establishing
Anchorage Grounds on the Hudson River'' is available in this docket.
III. Withdrawal
The Coast Guard is withdrawing the ANPRM published on June 9, 2016.
As discussed in the background section above, after reviewing the
10,212 comments provided during the 2016 ANPRM, after considering the
results of the 2017 Hudson River PAWSA, after our research of the
regulatory history of the Port of New York, after Congress suspended
our legal authority to establish any new anchorage grounds in this
region, and after conducting a study and providing a report to
Congress, we no longer are considering creating 10 new anchorage
grounds on the Hudson River from Yonkers, NY, to Kingston, NY.
The Coast Guard's role on the river will continue to include
promoting navigational safety and protecting the environment. These are
complementary objectives, as safer navigation inherently improves
environmental protection. We will also continue to monitor the river
and identify any regulatory gaps that allow unacceptable risk to the
environment, the marine transportation system, or the users of the
waterway. If regulatory gaps are identified, the Coast Guard is
committed to engaging in an open, public process that allows all
stakeholders to educate the agency and assist in developing the best
regulatory solution possible.
[[Page 47839]]
As of publication of this notice, the ANPRM entitled ``Anchorage
Grounds, Hudson River; Yonkers, NY to Kingston, NY'' published in the
Federal Register on June 9, 2016, will be withdrawn.
This document is issued under authority of 5 U.S.C. 552(a).
Dated: July 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-15652 Filed 7-24-23; 8:45 am]
BILLING CODE 9110-04-P