[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Rules and Regulations]
[Pages 9368-9369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5065]
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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, New York; Special Anchorage Sheepshead Bay, Brooklyn,
New York
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the special anchorage regulations
for Great Kills Harbor, Staten Island, New York, and Sheepshead Bay,
Brooklyn, New York. The regulations are amended to remove the language
that required federal mooring permits for individual mooring locations
in these special anchorage areas.
EFFECTIVE DATE: April 2, 1997.
FOR FURTHER INFORMATION CONTACT: LT John W. Green, Waterways Oversight
Branch, Coast Guard Activities, New York (212) 668-7906.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 20,1996, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (61 FR 11356). The Coast
Guard received one hundred fifty comments on the proposals. A public
hearing was requested but was not held since the written comments
clearly expressed the views of the commenters and oral presentations
would not aid the rulemaking process.
Background and Purpose
An area designated as a special anchorage provides for vessels 65
feet and under to anchor within specified boundaries without exhibiting
anchor lights. Approximately a decade ago, 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 discontinued entirely the discretionary procedure of
issuing permits for mooring locations. This rule amends existing
regulations to reflect that mooring permits are no longer issued by the
Coast Guard for the Great Kills Harbor and Sheepshead Bay anchorages.
Although mooring permits are no longer issued by the Captain of the
Port, vessels may still anchor or use a mooring buoy without displaying
lights. Vessel owners interested is using these anchorages in the 1997
boating season may contact: Thomas Rozinski, Deputy Counsel, New York
City Department of Parks and Recreation, The Arsenal, Central Park, New
York, NY 10021.
Discussion of Comments
One hundred fifty comments objected to the Coast Guard
discontinuing the issuance of mooring permits in the Great Kills Harbor
special anchorage. No comments were received objecting to the Coast
Guard discontinuing the issuance of mooring permits in Sheepshead Bay.
Comments were received from three yacht clubs in Great Kills Harbor
and one hundred forty of their members and from seven individuals not
specifically allied with the three yacht clubs. These persons stated
that the transfer of responsibility for issuing permits to the Borough
of Staten Island or other entity would result in chaos on the water,
and the cost of a mooring permit to be increased beyond the reach of
the vessel owners holding permits. On yacht club stated that there may
be a loss of membership and possible dissolution of the club due to the
increase in the cost of permits. The Coast Guard considered these
comments and forwarded them to the New York City Department of Parks
and Recreation. The Coast Guard believes that the municipality will
regulate the moorings in an orderly manner and in the best interests of
its constituents. Concerns over the costs of future permits should be
addressed to New York City Department of Parks and Recreation at the
address provided in the Background and Purpose section above.
Various persons suggested that the Coast Guard charge a fee, or
extend the term of the permit to two or three years to offset the Coast
Guard's expenses in issuing permits. The Coast Guard considered these
comments. The decision to no longer issue mooring permits was based on
the belief that, similar to the arrangement in the rest of
[[Page 9369]]
the country, local governments, rather than the federal government, are
the appropriate entities to issue local mooring permits. The Coast
Guard believes it is inappropriate for the Coast Guard to continue to
administer the moorings and charge increased fees to compensate for the
cost of administering the system.
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 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 rule 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 of New York mooring permit
procedures are no longer applicable and that mooring permits will no
longer be issued by the Coast Guard. 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. The Coast Guard expects that the New York City Parks
and Recreation Department will act in the interest of the boating
public and will carefully consider the economic impact of their actions
on vessel owners.
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) governmental jurisdictions with
populations of less than 50,000.
For reasons set forth in the Regulatory Evaluation and Discussion
of Comments sections, the Coast Guard certifies under 5 U.S.C. 605(b)
that this regulation will not have a significant economic impact on a
substantial number of small entities.
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
regulation and concluded that it 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 pagragrah 2.B.2.e. (34)(a) of Commandant Instruction
M16475.1B (as revised by 59 FR 38654, July 29, 1994). A Categorical
Exclusion Determination and Environmental Analysis Checklist are
included in the docket.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Regulation
For reasons set out the preamble, the Coast Guard amends 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 following
paragraph (r-1) and paragraph (x)(4) to read as follows (table
110.60(x)(4) and figure 110.60(x)(4) following paragraph (x)(4) remain
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 Areas, 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 as shown in figure 110.60(x)(4).
(ii) The area is principally for vessels used for a recreational
purpose.
* * * *
Dated: February 11, 1997.
J.L. Linnon,
Commander, First Coast Guard District.
[FR Doc. 97-5065 Filed 2-28-97; 8:45 am]
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