[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Proposed Rules]
[Pages 11356-11357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6299]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 110

[CGD01-96-012]
RIN 2115-AA98


Special Anchorage Area: Special Anchorage Great Kills Harbor, 
Staten Island, NY; Special Anchorage Sheepshead Bay, Brooklyn, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the special anchorage 
regulations for Great Kills Harbor, Staten Island, New York, and 
Sheepshead Bay, Brooklyn, New York. Due to a desire to eliminate 
unnecessary federal procedures, the Coast Guard Captain of the Port New 
York has decided to no longer issue permits for moorings within these 
anchorages. The proposed rule would amend these regulations to reflect 
the Captain of the Port's decision to no longer administer individual 
recreational mooring locations in the Port of New York.

DATES: Comments must be received on or before May 20, 1996.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Captain of the 
Port New York, Bldg. 108, Governors Island, New York 10004-5096, Attn: 
LCDR R. Trabocchi, or be delivered to her at the Planning and Readiness 
Division, Bldg. 108, between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. Comments received, and any documents 
referenced herein, are available for inspection at this address. Any 
person wishing to visit this office must contact the Planning and 
Readiness Division at (212) 668-7906 to obtain advance clearance due to 
the fact that Governors Island is a military installation with limited 
access.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander R. Trabocchi, Chief, Planning and Readiness 
Division, Captain of the Port New York (212) 668-7906.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments.
    Persons submitting comments should include their names and 
addresses, identify this notice (CGD01-96-012) and the specific section 
of the proposal to which their comments apply, and give reasons for 
each comment. Persons wanting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing; however, persons may request a 
public hearing by writing to the Planning and Readiness Division at the 
address under ``ADDRESS''. If it is determined that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Backgound and Purpose

    An area designated as a special anchorage allows vessels 65 feet 
and under to anchor within specified boundaries without exhibiting 
anchorage lights. Approximately a decade ago, the Captain of the Port 
New York administered approximately 2,500 mooring locations annually in 
approximately nine special anchorages. As the size of the boating 
public grew, the burden of administering these mooring locations became 
increasingly difficult. Several years ago, Captain of the Port New York 
Discontinued the administration of individual recreational mooring 
locations in all special anchorages, except for anchorages in Great 
Kills Harbor and Sheepshead Bay. Due to budget constraints and the 
Presidential mandate to streamline the federal government, Captain of 
the Port New York has decided to discontinue entirely the discretionary 
administrative procedure of issuing permits for mooring locations. This 
proposal would modify the existing regulations to reflect that 
anchorage permits are no longer issued by the Coast Guard for Great 
Kills Harbor and Sheepshead Bay anchorages. Although mooring permits 
will no longer be issued by the Captain of the Port, vessels may still 
anchor or use a mooring buoy without displaying lights. Should a State 
or local agency decide to issue permits in these special anchorages, 
the Coast Guard will include that information in the final rule.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard

[[Page 11357]]

expects the economic impact of this proposal to be so minimal that a 
full Regulatory Evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary. This proposal does not 
affect the status of the special anchorage areas in Great Kills Harbor 
or Sheepshead Bay, but merely reflects that the Captain of the Port New 
York mooring permit procedures are no longer applicable and that 
mooring permits will no longer be issued. This proposal will not be 
significant because the boating public retains the ability to use the 
anchorages, and will be able to do so without obtaining a Federal 
mooring permit.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small business and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field and (2) government jurisdictions with 
populations of less than 50,000.
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard finds that this proposed rule will not have a significant 
economic impact on a substantial number of small entities. If, however, 
you think that your business or organization qualifies as a small 
entity and that this rule will have a significant economic impact on 
your business or organization, please submit a comment (see 
``ADDRESSES'') explaining why you think it qualifies and in what way 
and to what degree this rule will economically affect it.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposal and concluded that it is an action that is categorically 
excluded from further analysis and documentation requirements under the 
National Environmental Policy Act (NEPA). This determination was made 
in accordance with agency procedures and policy for categorical 
exclusions published in Federal Register July 29, 1994 (59 FR 38654) 
under section 2.B.2.e.(34)(a). A Categorical Exclusion Determination 
and Environmental Analysis Checklist are included in the docket.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Proposed Regulation

    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR 110.60 as follows:

PART 110--[AMENDED]

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

    Authority: 33 U.S.C. 471, 2071; 49 CFR 1.46 and 33 CFR 1.05-
1(g). Section 110.1a and each section listed in it are also issued 
under 33 U.S.C. 1223 and 1231.

    2. Section 110.60 is amended by revising the note in paragraph (r-
1) and paragraph (x)(4) to read as follows (the table following 
paragraph (x)(4) remains unchanged):


Sec. 110.60  Port of New York and vicinity.

* * * * *
    (r-1) * * *

    Note: The special anchorage area is principally for use by yachts 
and other recreational craft. A temporary float or buoy for marking the 
location of the anchor of a vessel at anchor may be used. Fixed mooring 
piles or stakes are prohibited. Vessels shall be anchored so that no 
part of the vessel comes within 50 feet of the marked channel.
* * * * *
    (x) * * *
    (4) Captain of the Port Regulations. In Sheepshead Bay, New York, 
Western, Northern, and Southern Special Anchorage Area, the following 
applies:
    (i) Two anchors shall be used. The anchor minimum weight and 
minimum chain size shall be as shown in table 110.60(x)(4) and the 
anchor shall be placed in figure 110.60(x)(4).
    (ii) The area is principally for vessels used for a recreational 
purpose.
* * * * *
    Dated: March 4, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 96-6299 Filed 3-19-96; 8:45 am]
BILLING CODE 4910-14-M