[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Proposed Rules]
[Pages 60399-60400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29029]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD09-99-081]
RIN 2115-AA98


Special Anchorage Area: Henderson Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to enlarge the existing special 
anchorage area in Henderson Harbor, New York. This action is taken at 
the request of the Town of Henderson harbormaster, and is intended to 
make space available within the special anchorage area for additional 
moorings.

DATES: Comments must be received on or before January 4, 2000.

ADDRESSES: Comments may be mailed to Commander (map-1), Marine Safety 
Division, Ninth Coast Guard District, 1240 East Ninth Street, 
Cleveland, Ohio 44199-2060. Commander (map-1) maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at Commander, Ninth Coast Guard 
District, 1240 E. Ninth Street, Room 2069, Cleveland, Ohio 44199-2060, 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Lynn Goldhammer, Marine 
Safety Division, Ninth Coast Guard District, 1240 East Ninth Street, 
Cleveland, Ohio 44199-2060, (216) 902-6050.

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 (CGD09-99-081) and the specific section of 
this proposal to which each comment applies. Give the reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed envelope or postcard. Comments should 
be submitted to the address under ADDRESSES.
    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 Lieutenant Goldhammer at the address under 
ADDRESSES. If 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.

Discussion of Proposed Rules

    The proposed rule is in response to a request from the Town of 
Henderson harbormaster to accommodate an increased number of vessels 
mooring in this area and to offset the loss of available moorings in 
the special anchorage area because of lower water levels in Lake 
Ontario. The proposed rule would expand Area A of the existing special 
anchorage near Henderson Harbor, New York, described in 33 CFR 
110.87(a), to allow its use by additional boats. Vessels not more than 
65 feet in length, when at anchor in any special anchorage, are not 
required to carry or exhibit the white anchor lights required by 
Navigation Rules. The proposed rule would provide additional moorings 
in which vessel owners may enjoy the convenience of a special 
anchorage. The existing anchorage, located near Graham Creek, is split 
into two areas by a short fairway channel. The proposed change would 
extend the eastern most length of the Area A anchorage by approximately 
900 feet, increasing the length of the fairway channel by the same 
distance.
    The descriptions of Area A and Area B are being changed to latitude 
and longitude position points in order to more accurately describe the 
special anchorage area and for consistency with other established 
special anchorage area descriptions. No other changes to the anchorage 
area other than that described above for Area A are intended by this 
change to latitude and longitude description.

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 proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of

[[Page 60400]]

DOT is unnecessary. No person will be required to spend any money in 
order to comply with this regulation. The proposed regulation will 
exempt persons operating in the expanded area from complying with the 
more stringent vessel lighting regulations they would ordinarily be 
obliged to follow.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, 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 people. For the reasons discussed in 
the Regulatory Evaluation section above, the Coast Guard expects that 
this proposed rule, if adopted, will not have any significant 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 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think your business or organization qualifies and in what way and 
to what degree this proposed rule will economically affect it.

Collection of Information

    This proposed rule contains no collection of information 
requirements 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 13132 and has 
determined that this proposed rule does not have implications for 
federalism under that order.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concludes that under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
and may be obtained by contacting the Coast Guard office listed under 
ADDRESSES in this proposed rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Proposed Regulation

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

    2. Section 110.87 is revised to read as follows:


Sec. 110.87  Henderson Harbor, N.Y.

    (a) Area A. The area in the southern portion of Henderson Harbor 
west of the Henderson Harbor Yacht Club bounded by a line beginning at 
latitude 43 deg.51'08.8'' N, longitude 76 deg.12'08.9'' W, thence to 
latitude 43 deg.51'09.0'' N, longitude 76 deg.12'19.0'' W, thence to 
latitude 43 deg.51'23.8'' N, longitude 76 deg.12'19.0'' W, thence to 
latitude 43 deg.51'33.4'' N, longitude 76 deg.12'09.6'' W, thence to 
the point of beginning.
    (b) Area B. The area in the southern portion of Henderson Harbor 
north of Graham Creek Entrance Light bounded by a line beginning at 
latitude 43 deg.51'21.8'' N, longitude 76 deg.11'58.2'' W, thence to 
latitude 43 deg.51'21.7'' N, longitude 76 deg.12'05.5'' W, thence to 
latitude 43 deg.51'33.4'' N, longitude 76 deg.12'06.2'' W, thence to 
latitude 43 deg.51'33.6'' N, longitude 76 deg.12'00.8'' W, thence to 
the point of beginning. All nautical positions are based on North 
American Datum of 1983.
    (c) Permission must be obtained from the Town of Henderson 
Harbormaster before any vessel is moored or anchored in this special 
anchorage area.

    Dated: October 21, 1999.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 99-29029 Filed 11-4-99; 8:45 am]
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