[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38828-38829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18487]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD01-97-086]
RIN 2115-AA98


Anchorage Grounds: Hudson River, Hyde Park, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing Federal Anchorage 19-A in the 
Hudson River near Hyde Park, NY. This action is necessary to provide an 
anchorage ground on the Hudson River for vessels awaiting favorable 
tides and/or daylight for passage to facilities north of New York City. 
This action is intended to increase safety for vessels transiting the 
Hudson River by providing an anchorage ground away from congested 
traffic lanes used in New York Harbor.

DATES: This final rule is effective August 19, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Coast Guard Activities New York, 212 Coast 
Guard Drive, room 205, Staten Island, New York 10305, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (718) 354-4193.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On July 10, 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.
    On March 31, 1999, the Coast Guard published a supplemental notice 
of proposed rulemaking (SNPRM) entitled Anchorage Grounds: Hudson 
River, Hyde Park, NY in the Federal Register (64 FR 15322). The Coast 
Guard received no letters commenting on the supplemental 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 NPRM. 
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 23662). However, in response to these safety concerns, 
the Coast Guard re-evaluated the NPRM. Upon further analysis, the Coast 
Guard agreed that safety concerns warranted a minimum vessel length 
restriction and a SNPRM including this restriction was published. The 
safety concerns stem from the high number of vessels that transit the 
area of Anchorage 19-A and from background lighting on shore that will 
interfere with smaller vessels' anchorage lights.
    In the SNPRM, the Coast Guard proposed an additional regulation 
restricting 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 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.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the supplemental 
proposed rulemaking. No changes were made to the supplemental proposed 
rule.

Regulatory Evaluation

    This final 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 final 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 final 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 the 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 final rule will not

[[Page 38829]]

have a significant economic impact on a substantial number of small 
entities.

Collection of Information

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

Federalism

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

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) [Public 
Law 104-4, 109 Stat. 48] requires Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments, and the private sector. UMRA requires a written statement 
of economic and regulatory alternatives for rules that contain Federal 
mandates. A ``Federal mandate'' is a new or additional enforceable duty 
imposed on any State, local, or tribal government, or the private 
sector. If any Federal mandate causes those entities to spend, in the 
aggregate, $100 million or more in any one year, the UMRA analysis is 
required. This final rule does not impose Federal mandates on any 
State, loca, or tribal governments, or the private sector.

Environment

    The Coast Guard has considered the environmental impact of this 
final rule and concluded that under paragraph 2-1, pargraph 34(f), of 
Commandant Instruction M16475.1C, this final 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 Part 110

    Anchorage grounds.

Regulation

    For the reasons discussed in the preamble, the Coast Guard amends 
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 from 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: June 30, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-18487 Filed 7-19-99; 8:45 am]
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