[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Proposed Rules]
[Pages 15322-15324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7838]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD01-97-086]


Anchorage Grounds: Hudson River, Hyde Park, NY

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a change to proposed Anchorage 19-A 
in the Hudson River near Hyde Park, NY. This supplemental proposal is 
the result of comments received on the Notice of Proposed rulemaking. 
This proposal restricts vessels less than 20 meters in length from 
using Anchorage Ground 19-A without prior approval from the Captain of 
the Port, New York.

DATES: Comments must reach the Coast Guard on or before June 1, 1999.

ADDRESSES: Comments may be mailed to the Waterways Ovesight Branch 
(CGD01-97-086), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying at room 205, 
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday 
thorugh Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways 
Oversight Branch, Coast Guard Activities New York (718) 354-4193.

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 rulemaking (CGD01-97-086) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will

[[Page 15323]]

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.

Regulatory History

    On July 20, 1998, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Anchorage Grounds; Hudson River, Hyde Park, 
NY in the Federal Register (63 FR 37297). The Coast Guard received two 
letters commenting on the proposed rulemaking. No public hearing was 
requested, and none was held.

Background and Purpose

    The Hudson River Pilots Association requested that the Coast Guard 
establish a federal anchorage ground in the Hudson River near Hyde 
Park, New York. The closest anchorage to the requested anchorage is 
down river to anchorage number 17, the northern boundary of which lies 
between the Yonkers municipal pier and the pilot station just to the 
north. The area that the Pilots Association has suggested for 
consideration is bound by the following coordinates:

NW corner 41 deg. 48' 35''N 073 deg. 57' 00''W.
NE corner 41 deg. 48' 35''N 073 deg. 56' 44''W.
SE corner 41 deg. 47' 32''N 073 deg. 56' 50''W.
SW corner 41 deg. 47' 32''N 073 deg. 57' 10''W. (NAD 1983)

    The Coast Guard received two letters commenting on the proposed 
rule. Comments received prompted the Coast Guard to reevaluate the 
proposal.
    One comment recommended that a minimum size of 65 feet in length be 
established for vessels authorized to use the anchorage because the 
smaller vessels would be less visible at anchor, even if they displayed 
the required lights or day shapes, and pose a potential hazard to 
mariners. The comment noted that the entire anchorage area. including 
the area outside the designated navigation channel, is routinely 
transited by vessels of various sizes and that the Special Anchorage 
Area at Hyde Park, NY, (33 CFR 110.60(p-3)) is available for use by 
vessels less than 65 feet in length. This Special Anchorage Area at 
Hyde Park, NY that the comment referred to was disestablished on June 
1, 1998 (63 FR 23663). However, in response to these safety concerns, 
the Coast Guard re-evaluated the proposed rule. Upon further analysis, 
the Coast Guard also believes that safety concerns warrant a minimum 
vessel length restriction. The safety concerns stem from the high 
number of vessels that transit the area of the proposed anchorage and 
from background lighting on shore that will interfere with smaller 
vessel's anchorage lights. The Coast Guard is now proposing additional 
regulations to restrict vessels less than 20 meters in length from 
using this anchorage ground without prior approval from the Captain of 
the Port, New York. The Coast Guard believes this proposed restriction 
is reasonable given the noted safety concerns and that there are over 
75 transient berths at 8 marinas within approximately 15 nautical miles 
of this anchorage ground for use by vessels less than 20 meters in 
length. Additionally, the Coast Guard is aware that transient vessels 
anchor to the east of Esopus Island in order to use the island as a 
breakwater to block the wake action caused by commercial shipping 
transiting the Hudson River. This protected area may be easily used by 
vessels less than 20 meters in length as an alternative to Anchorage 
19-A because Esopus Island is approximately 500 yards north of 
Anchorage 19-A.
    The comment also stated the anchorage ground is in a ``No Discharge 
Zone'', designated by the United States Environmental Protection 
Agency, and the discharge of waste from any marine sanitation device on 
board a vessel is prohibited. The Coast Guard agrees. However, the 
Coast Guard considers this to be purely informational and it does not 
need to be further addressed in this regulation.
    Finally, the comment noted that masters of vessels at anchor in 
this anchorage ground should be aware that a Water Transportation 
Permit under Article 15 of the New York State Environmental 
Conservation Law is required for taking on water for ballast or any 
other uses within the waters of the State of New York. The information 
regarding Water Transportation Permits is not being addressed in this 
regulation as it already applies to all waters of New York State.
    The second comment received in response to the NPRM agreed with the 
Coast Guard's determination that establishment of this anchorage ground 
is consistent with New York's Coastal Zone Management Plan. No changes 
to the proposed rule were suggested.

Discussion of Proposed Rule

    The Coast Guard proposes to change the regulations governing 
proposed Anchorage Ground 19-A. Safety concerns regarding the size of 
vessels authorized to use the proposed anchorage ground were raised by 
one of the comments to the NPRM. The Coast Guard, after further 
analyzing the safety concerns associated with proposed Anchorage Ground 
19-A, is proposing additional regulations to restrict vessels less than 
20 meters in length from using this anchorage ground without prior 
approval from the Captain of the Port, New York.

Regulatory Evaluation

    This proposed rule 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 proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This finding is based on the 
following reasons: due to icing of the river in winter months, the 
anchorage will be seasonal in nature, recreational traffic can still 
traverse the anchorage when necessary, there are over 75 transient 
berths at 8 marinas within approximately 15 nautical miles of this 
anchorage ground for vessels less than 20 meters in length to tie up 
in, and the anchorage ground permits unobstructed navigation in the 
western 350 yards of the Hudson River.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this proposed rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    For reasons discussed in the Regulatory Evaluation above, the Coast 
Guard certifies under section 605(b) of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that this proposed rule will not have a 
significant impact on a substantial number of small entities.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

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

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the preparation of a Federalism Assessment.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this rule will result in an annual 
expenditure by state, local, and tribal governments, in the aggregate 
of $100 million (adjusted annually for inflation). If so, the act 
requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected. No state, local, or tribal 
government entities will be effected by this rule, so this rule will 
not result in annual or aggregate costs of $100 million or more. 
Therefore, the Coast Guard is exempt from any further regulatory 
requirements under the Unfunded Mandates Act.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that under paragraph 2-1, paragraph 34(f), 
of Commandant Instruction M16475.1C, this proposed rule is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR 110

    Anchorage grounds.

Regulation

    For the reasons discussed 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, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. In Sec. 110.155, add paragraph (c)(6) to read as follows:


Sec. 110.155   Port of New York.

* * * * *
    (c) * * *
    (6) Anchorage No. 19-A. An area located west of Hyde Park enclosed 
by the coordinates starting at 41 deg. 48' 35''N, 073 deg. 57' 00''W; 
to 41 deg. 48' 35''N, 073 deg. 56' 44''W; to 41 deg. 47' 32''N, 
073 deg. 56' 50''W; to 41 deg. 47' 32''N, 073 deg. 57' 10''W; thence 
back to 41 deg. 48' 35''N, 073 deg. 57' 00''W (NAD 1983).
    (i) No vessel may anchor in Anchorage 19-A form December 16 to the 
last day of February without permission from the Captain of the Port, 
New York.
    (ii) No vessel less than 20 meters in length may anchor in 
Anchorage 19-A without prior approval of the Captain of the Port, New 
York.
* * * * *
    Dated: March 22, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-7838 Filed 3-30-99; 8:45 am]
BILLING CODE 4910-15-M