[Federal Register Volume 69, Number 17 (Tuesday, January 27, 2004)]
[Proposed Rules]
[Page 3869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1612]



[[Page 3869]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD09-01-122]
RIN 2115-AA98


Special Anchorage Area: Henderson Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of docket closure.

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SUMMARY: On January 2, 2002 and again on June 5, 2002, the Coast Guard 
published requests for comments on the expanded special anchorage area 
in Henderson Harbor, New York. The Coast Guard received 27 comments in 
response to these requests. Based upon the comments and in the interest 
of safe navigation, the Coast Guard has decided that no change will be 
made at this time to the Henderson Harbor Special Anchorage Area A in 
Henderson Harbor, Henderson, New York.

DATES: The docket for this rulemaking is closed as of October 10, 2003.

ADDRESSES: The Ninth Coast Guard District Marine Safety Office 
maintains the public docket for this rulemaking. This docket is 
available for inspection or copying at room 2069, Ninth Coast Guard 
District, between 9 a.m. and 2 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Commander Michael Gardiner, Chief, 
Marine Safety Compliance Operations Branch, Ninth Coast Guard District 
Marine Safety Office, 1240 E. Ninth Street, Cleveland, Ohio 44199-2060. 
The phone number is (216) 902-6056.

SUPPLEMENTARY INFORMATION:

Background

    On March 7, 2000, the Coast Guard published a final rule in the 
Federal Register that increased the size of the Henderson Harbor 
Special Anchorage Area (a) (65 FR 11892). The rulemaking to enlarge 
that special anchorage area was due to declining water levels and the 
safety of navigation in relation to the lower water levels. The Coast 
Guard received 5 positive comments in response to the original Notice 
of Proposed Rulemaking.
    Subsequently, the Coast Guard published two requests for comments 
on January 2, 2002 and again on June 5, 2002 [67 FR 17, 67 FR 38625]. 
As a result of the subsequent requests for comments, the Coast Guard 
received 15 negative and 12 positive comments. Virtually every positive 
comment was based upon a concern for vessel safety, primarily the 
safety of vessels due to low water levels.
    The negative comments generally focused the concern with having 
vessels obstructing waterfront views, the economic impact of an 
expanded anchorage area, and the additional time it would take to 
transit the extension of 1000'. The concern for vessel safety is 
ultimately the most important consideration. Thus, while these latter 
comments are important, the Coast Guard is not persuaded at this time 
to make any changes in light of the concerns they raise.
    The regulations governing special anchorage areas are found in 33 
CFR 110.1. In particular, sound and light requirements are not 
applicable to certain vessels anchored in these areas established by 
the Coast Guard. The Coast Guard does not further regulate the 
particular use of a special anchorage area by local or state 
authorities.
    In the special anchorage area established in Henderson Harbor, 
Henderson, New York, the Town Council has established mooring buoys and 
a fee-based system for the use of those mooring buoys. An enlargement 
of this special anchorage area by the Coast Guard did not impact what 
portion or how the Town Council wishes to utilize the special anchorage 
area. It only provided a larger area over which the Town Council may 
exercise their control.
    Enlarging the special anchorage area did not require the Henderson 
Town Council to adopt new measures or change how they currently 
regulate usage of the special anchorage area. The two issues are 
separate and distinct. As such, the Coast Guard feels that in order to 
ensure the safety of vessels using that area, the larger anchorage area 
already established will be left in place.
    As such, the Coast Guard is closing this docket. If future action 
is needed, the Coast Guard will open a rulemaking or issue a new 
request for comments.

    Dated: October 14, 2003.
R.F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 04-1612 Filed 1-26-04; 8:45 am]
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