[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Rules and Regulations]
[Pages 11892-11893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5487]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD09 99-081]
RIN 2115-AA98


Special Anchorage Area; Henderson Harbor, New York

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is enlarging the existing special anchorage 
area in Henderson Harbor, NY. Henderson Harbor is used as a temporary 
anchorage area for recreational vessels to anchor without the 
requirement of showing anchorage lights as required by navigation 
rules. Enlarging this special anchorage area will replace anchorage 
space lost as a result of declining water levels in Lake Ontario and 
improve safety to vessels anchoring within this highly trafficked area.

DATES: This regulation becomes effective on April 28, 2000.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09 99-081] and are available for inspection or 
copying at the Ninth Coast Guard District, Room 2069, 1240 E. Ninth 
Street, Cleveland, OH, between 8 a.m. and 4 p.m. Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Lynn Goldhammer, Ninth Coast Guard 
District, Marine Safety Division, at (216) 902-6050.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We published a notice of proposed rulemaking concerning this 
regulation in the Federal Register on November 5, 1999 (64 FR 60399). 
Five comments were received during the comment period.

Background and Purpose

    This rule is in response to a request from the City of Henderson, 
New York to enlarge the existing special anchorage area in Henderson 
Harbor. The intended effect of the regulation is to reduce the risk of 
vessel collisions by providing notice to mariners of the establishment 
of a special anchorage area in which vessels not more than 65 feet in 
length are not required to exhibit anchor lights as required by the 
Navigation Rules.

Discussion of Comments and Changes

    Five letters were received in support of enlarging the special 
anchorage in Henderson Harbor. No objections were received. Two letters 
recommended extending the position of Buoy ``C'' in anchorage area A to 
create a more rectangular shape to anchorage area A. The Coast Guard 
considered these comments and has decided to make this change to the 
proposed rule.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed this rule 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic effect upon 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. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant economic impact on a substantial 
number of small entities because using the anchorage area is voluntary.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. Small businesses may send comments on 
the actions of Federal employees who enforce, or who otherwise 
determine compliance with Federal regulations, to the Small

[[Page 11893]]

Business and Agriculture Regulatory Enforcement Ombudsman and the 
Regional Small Business Regulatory Fairness Boards. The ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small businesses. If you wish to comment on actions by employees of 
the Coast Guard, please call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the federal government having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or safety that may disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and determined under Figure 2-1, paragraph 34(f) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 110

    Special anchorage areas.

Final Regulation

    In consideration of the foregoing, the Coast Guard amends Part 110 
of Title 33, Code of Federal Regulations, 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. 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.51'33.4" 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. All nautical positions are based on North American 
Datum of 1983.
    (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.

    Note: Permission must be obtained from the Town of Henderson 
Harbormaster before any vessel is moored or anchored in this special 
anchorage area.


    Dated: February 28, 2000.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 00-5487 Filed 3-6-00; 8:45 am]
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