[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Proposed Rules]
[Pages 68197-68198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32839]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD01-96-119]


Special Anchorage Area: Special Anchorage Sheepshead Bay, 
Brooklyn, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposed to amend the Sheepshead Bay special 
anchorage regulations by reducing the size of the northern area to 
accommodate the construction of a floating restaurant.

DATES: Comments must be received on or before February 25, 1997.

ADDRESSES: Comments should be mailed to Lieutenant John W. Green, 
Waterways Oversight Branch, Coast Guard Activities New York, Bldg. 108 
Governors Island, New York 10004-5096.

FOR FURTHER INFORMATION CONTACT:
Lieutenant John W. Green, Waterways Oversight Branch, Coast guard 
Activities 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 (CGD01-96-119) 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 Waterways Oversight Branch at the 
address under ADDRESSES. 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.

Background and Purpose

    The Hastings Design Group is developing plans to construct a 
floating restaurant in Sheepshead Bay. As planned, the floating 
restaurant extends into the northern area of the Sheepshead Bay special 
anchorage defined in 33 CFR 110.60(x)(2). Special anchorages are areas 
of water in which vessels of not more than 65 feet in length may anchor 
without exhibiting anchor lights. The proposed rule would change the 
boundaries of the special anchorage by moving the eastern boundary line 
so that no portion of the restaurant is within the special anchorage. 
The new eastern boundary line would be relocated to a line parallel to 
and 80 feet west of the prolonged west line of Coyle Street. This 
configuration would allow for the floating restaurant to project a 
maximum of 80 feet west of the prolonged west line of Coyle Street, and 
will allow for an area 45 feet wide for vessel traffic to transit to 
and from the anchorage west of the floating restaurant. Moving the 
eastern boundary line would eliminate four moorings from the special 
anchorage under the existing mooring field plan. However, the owner of 
the floating restaurant has agreed to make four berths available at the 
restaurant pier to the New York City, Department of Parks and 
Recreation to offset the loss of moorings from the special anchorage. 
These four berths will be administered by the Department of Parks and 
Recreation as part of the entire special anchorage.

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 not been reviewed 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 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. Although the proposed boundary change would decrease the 
size of the northern area of the Sheepshead Bay special anchorage, the 
effect of this regulation would not be significant for the following 
reasons: the owner of the floating restaurant will provide four 
permanent moorings to be administered by the New York City, Department 
of Parks and Recreation as part of the special anchorage, and a 45 foot 
fairway will be established so vessel traffic can safely access the 
special anchorage west of the floating restaurant.

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 businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard expects the impact of this proposal to be minimal. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal 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 significant 
economic impact on your business or organization, please submit a 
comment 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 action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not raise 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 under section 2.B.2.e.(34)(f) of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994) this 
rule reduces the size of a special anchorage and is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR 110

    Anchorage grounds.

[[Page 68198]]

Proposed Regulation
    For reasons set out in the preamble, the Coast Guard proposes to 
amend 33 CFR part 110 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 paragraph (c)(2) to read 
as follows:


Sec. 110.60  Port of New York and vicinity.

* * * * *
    (x) * * *
    (2) Northern Area. South of the established U.S. pier head line on 
the north side of the bay; west of a line parallel to and 80 feet west 
of the prolonged west line of Coyle Street; north of a line ranging 
from a point 125 feet south of said pier head line in said line 
parallel to and 80 feet west of the prolonged west line of Coyle Street 
to the intersection of the south line of Shore Boulevard and the west 
line of Kensington Street; north of a line parallel to and 325 feet 
north of the bulkhead wall along the north side of Shore Boulevard; 
northeast of a line ranging from the point of intersection of the last-
mentioned line with the prolonged east line of East 28th Street, toward 
a point on the prolonged east line of East 27th Street and 245 feet 
south of the established U.S. pier head line on the north side of the 
bay; and east of the prolonged east side of East 27th Street.
* * * * *
    Dated: December 6, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-32839 Filed 12-26-96; 8:45 am]
BILLING CODE 4910-14-M