[Federal Register Volume 69, Number 125 (Wednesday, June 30, 2004)]
[Proposed Rules]
[Pages 39380-39382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14869]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-03-107]
RIN 1625-AA01


Anchorage Regulations: Yonkers, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two Special Anchorage 
areas along the Hudson River adjacent to the City of Yonkers. This 
proposed action is necessary to facilitate safe navigation in that area 
and provide safe and secure anchorages for vessels not more than 20 
meters in length. This action is intended to increase the safety of 
life and property on the Hudson River, improve the safety of anchored 
vessels in both anchorages, and provide for the overall safe and 
efficient flow of recreational vessel traffic and commerce.

DATES: Comments and related material must reach the Coast Guard on or 
before August 30, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(oan) CGD01-03-107, First Coast Guard District, 408 Atlantic Ave., 
Boston, Massachusetts 02110, or deliver them to room 628 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. 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 room 628, First Coast Guard District Boston, 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (oan), 
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110, 
Telephone (617) 223-8355; E-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD01-03-
107, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of 
comments received.

Public Meeting

    We do not plan to hold a public meeting, but you may submit a 
request for a meeting by writing to Commander (oan) CGD01-03-107, First 
Coast Guard District, 408 Atlantic Ave., Boston, Massachusetts 02110 or 
delivering your request to room 628 at the same address above between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays. In 
your request please explain why a public meeting would be beneficial. 
If we determine that a public meeting would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    As part of a waterfront revitalization and redevelopment effort, 
the City of Yonkers is proactively encouraging waterfront use by the 
general public. This proposed rule is in response to a request made by 
the City of Yonkers to help ensure the safe navigation of increased 
vessel traffic expected to arrive along the city waterfront due to this 
revitalization effort.
    The Coast Guard is designating the areas as special anchorage areas 
in accordance with 33 U.S.C. 471. In accordance with that statute, 
vessels will not be required to sound signals or exhibit anchor lights 
or shapes which are otherwise required by rule 30 and 35 of the Inland 
Navigation Rules, codified at 33 U.S.C. 2030 and 2035. The two proposed 
special anchorage areas will be located on the west side of the Hudson 
River in the vicinity of Main Street and the JFK Marina, well removed 
from the channel and located where general navigation will not endanger 
or be endangered by unlighted vessels. Providing anchorage well removed 
from the channel and general navigation would greatly increase 
navigational safety.
    While developing the proposed rule, in accordance with Title 33 of 
the Code of Federal Regulations, Part 109.05(b) the U.S. Coast Guard 
has consulted with the U.S. Army Corps of Engineers, New York District, 
located at 26 Federal Plaza, New York, NY 10278. The U.S. Army Corps of 
Engineers has determined that the proposed Special Anchorage Areas 
would not have an adverse affect on any federally maintained navigation 
channels in the area, structures the U.S. Army Corps of Engineers has 
permitted, or any pending permit applications submitted to the U.S. 
Army Corps of Engineers in this area.

Discussion of Proposed Rule

    The proposed rule would create two new special anchorage areas. The 
first, located on the Hudson River at Main Street, Yonkers, New York, 
would be that portion of the Hudson River starting on shore at point 
40[deg]56[min]15.4[sec] N, 073[deg]54[min]11.1[sec] W; thence northwest 
to point 40[deg]56[min]18.0[sec] N, 073[deg]54[min]21.0[sec] W; thence 
south to point 40[deg]55[min]58.8[sec] N, 073[deg]54[min]24.8[sec] W; 
thence southeast to shore at point 40[deg]55[min]58.0[sec] N, 
073[deg]54[min]21.0[sec] W.
    The second, located on the Hudson River at JFK Marina, Yonkers, New 
York, would be that portion of the Hudson River starting on shore at 
point 40[deg]57[min]28.5[sec] N, 073[deg]53[min]46.0[sec] W; thence 
west to point 40[deg]57[min]30.5[sec] N, 073[deg]53[min]56.8[sec] W; 
thence southwest to point 40[deg]57[min]07.5[sec] N, 
073[deg]54[min]06.2[sec] W; thence east to shore at point 
40[deg]57[min]08.0[sec] N, 073[deg]53[min]58.5[sec] W. All proposed 
coordinates are North American Datum 1983 (NAD 83).
    The special anchorage areas would be limited to vessels no greater 
than 20 meters in length. Vessels not more than 20 meters in length are 
not required to sound signals as required by rule 35 of the Inland 
Navigation Rules (33 U.S.C. 2035) or exhibit anchor lights or shapes 
required by rule 30 of the Inland Navigation Rules (33 U.S.C 2030) when 
at anchor in a special anchorage area. Additionally, mariners utilizing 
the anchorage areas are encouraged to contact local and state 
authorities, such as the local harbormaster, to ensure compliance with 
additional applicable state and local laws. Such laws may involve, for 
example, compliance with direction from the local harbormaster when 
placing or using moorings within the anchorage.

[[Page 39381]]

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    We expect 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 Department of Homeland Security 
is unnecessary. This finding is based on the fact that this proposal 
conforms to the changing needs of the City of Yonkers and the changing 
needs of recreational vessels along the Hudson River. This proposed 
rule is in the interest of safe navigation and property protection.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of recreational or commercial vessels intending to transit in 
a portion of the Hudson River encumbered by the special anchorage 
areas. These anchorage areas, however, would not have a significant 
economic impact on these entities for the following reasons. The 
proposed special anchorage areas extend past the 30-foot depth contour 
by approximately 200 feet on the east side of the Hudson River. This 
leaves approximately 2,200 feet of safe water before reaching the 30-
foot depth contour on the west side. This is more than enough room for 
the types of vessels currently operating on the river, which include 
both small and large commercial vessels. Thus these special anchorage 
areas will not impede safe and efficient vessel transit on the Hudson 
River.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Mr. John J Mauro at the address 
listed in ADDRESSES above.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    Arule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

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

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus

[[Page 39382]]

standards bodies. This proposed rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(f), of the Instruction, from further 
environment documentation. A draft ``Environmental Analysis Check 
List'' and a draft ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES. Comments on 
this section will be considered before we make the final decision on 
whether the rule should be categorically excluded from further 
environmental review.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and 
2071; 33 CFR 1.05-1(g); and Department of Homeland Security 
Delegation No. 0170.1.

    2. In Sec.  110.60 add new paragraphs (o-4) and (o-5) to read as 
follows:


Sec.  110.60  Port of New York and vicinity.

* * * * *
    (o) * * *
    (o-4) Hudson River, at Main Street, Yonkers. That portion of the 
Hudson River starting on shore at point 40[deg]56'15.4'' N, 
073[deg]54'11.1'' W; thence northwest to point 40[deg]56'18.0'' N, 
073[deg]54'21.0'' W; thence south to point 40[deg]55'58.8'' N, 
073[deg]54'24.8'' W; thence southeast to shore at point 
40[deg]55'58.0'' N, 073[deg]54'21.0'' W.


    Note: This area is limited to vessels no greater than 20 meters 
in length and is primarily for use by recreational craft on a 
seasonal or transient basis. These regulations do not prohibit the 
placement of moorings within the anchorage area, but requests for 
the placement of moorings should be directed to the local government 
to ensure compliance with local and state laws. All moorings shall 
be so placed that no vessel, when anchored, will at any time extend 
beyond the limits of the area. Fixed mooring piles or stakes are 
prohibited. Mariners are encouraged to contact the local 
harbormaster for any additional ordinances and to ensure compliance 
with additional applicable state and local laws.


    (o-5) Hudson River, at JFK Marina, Yonkers. That portion of the 
Hudson River starting on shore at point 40[deg]57'28.5'' N, 
073[deg]53'46.0'' W; thence west to point 40[deg]57'30.5'' N, 
073[deg]53'56.8'' W; thence southwest to point 40[deg]57'07.5'' N, 
073[deg]54'06.2'' W; thence east to shore at point 40[deg]57'08.0'' N, 
073[deg]53'58.5'' W.

    Note: This area is limited to vessels no greater than 20 meters 
in length and is primarily for use by recreational craft on a 
seasonal or transient basis. These regulations do not prohibit the 
placement of moorings within the anchorage area, but requests for 
the placement of moorings should be directed to the local government 
to ensure compliance with local and state laws. All moorings shall 
be so placed that no vessel, when anchored, will at any time extend 
beyond the limits of the area. Fixed mooring piles or stakes are 
prohibited. Mariners are encouraged to contact the local 
harbormaster for any additional ordinances and to ensure compliance 
with additional applicable state and local laws.

* * * * *

    Dated: June 15, 2004.
Vivien S. Crea,
RADM, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-14869 Filed 6-29-04; 8:45 am]
BILLING CODE 4910-15-P