[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Rules and Regulations]
[Pages 69527-69529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26337]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-03-107]
1625-AA01


Anchorage Regulations: Yonkers, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the anchorage regulations for the 
Hudson River, New York by establishing two Special Anchorage areas 
adjacent to the City of Yonkers. This 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: This rule is effective December 30, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD01-03-107), and are available for inspection or 
copying at Room 628, First Coast Guard District Boston, 408 Atlantic 
Avenue, Boston, MA 02110, 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 Avenue, Boston, MA 02110; 
telephone (617) 223-8355; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 30, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorage Regulations: Yonkers, New York'' in the 
Federal Register (69 FR 39380). We received two comments on the 
proposed rule. No public hearing was requested and none was held.

Background and Purpose

    A request was made by the City of Yonkers, New York to establish 
two special anchorage areas as part of a waterfront revitalization and 
redevelopment effort. The City of Yonkers is proactively encouraging 
waterfront use by the general public. This rule is in response to that 
request 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 special 
anchorage areas will be located on the East 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 will greatly increase navigational 
safety.
    While developing this rule, in accordance with 33 CFR 109.05(b), 
the Coast Guard 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 Comments and Changes

    We received a letter from the City of Yonkers requesting that the 
Main Street Special Anchorage be modified to accommodate the high speed 
ferry service to the City's Main Street Pier. This final rule 
incorporates the City's modifications to the Special Anchorage. As 
requested by the City of Yonkers, the southern boundary of the Main 
Street

[[Page 69528]]

anchorage area is moved 350 yards north thereby reducing the size of 
the Main Street anchorage from .04 square nautical miles to .02 square 
nautical miles.
    We also received a letter from the Hudson River Pilots Association 
advising that the northern edge of the Main Street Anchorage, being 
approximately 550 feet south of their dock, does not provide an 
adequate transit route for their pilot boat, especially during certain 
tide and current conditions. The Pilots requested a minimum 1000-foot 
buffer to ensure safe passage for all mariners involved. The Coast 
Guard has considered the Pilots' request and concluded that the 550-
foot buffer does provide adequate room for all mariners to navigate 
within and around the Special Anchorage Area. Therefore no change from 
the proposed anchorage is made to the final rule.
    A slight revision was made to the position of the anchorage area at 
JFK Marina. During the NPRM process, the Coast Guard requested that 
NOAA review the coordinate conversion process we used to convert the 
coordinates from the City's municipal maps to the navigational charts. 
NOAA advised us that we had made an error in the conversion process. 
Based upon this information, the Coast Guard advised the public of the 
new coordinates through Local Notice to Mariners 35/04. No change was 
made to the size or the shape of the anchorage, only the coordinates 
were changed. Therefore a change from the proposed anchorage is made to 
the final rule.

Regulatory Evaluation

    This 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 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 rule conforms 
to the changing needs of the City of Yonkers and the changing needs of 
recreational vessels along the Hudson River. This 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 have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    If the rule will 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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule 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 rule under 
that Order and have determined that it does not have implications for 
federalism. The two comments received by the Coast Guard which resulted 
in a change to this Final Rule do not affect our analysis under 
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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble. This 
rule will not impose an unfunded mandate.

Taking of Private Property

    This rule does 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This 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 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

[[Page 69529]]

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

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under figure 2-1, paragraph 34(f), of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environment documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES. This rule fits paragraph 34(f) of 
Commandant Instruction M16475.1D as it establishes two special 
anchorage areas.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
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.


0
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]54'11.2'' W; thence northwest to point 40[deg]56'16.7'' N, 
073[deg]54'20.2'' W; thence south to point 40[deg]56'08.9'' N, 
073[deg]54'22.6'' W; thence southeast to point 40[deg]56'07.9'' N, 
073[deg]54'16.9'' W; thence south to the Recreational Pier of the City 
of Yonkers at point 40[deg]56'07.0'' N, 073[deg]54'17.3'' 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]57'28.0'' N, 
073[deg]53'46.1'' W; thence west to point 40[deg]57'30.5'' N, 
073[deg]53'56.7'' 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]57'06.0'' N, 
073[deg]53'59.5'' 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: November 9, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-26337 Filed 11-29-04; 8:45 am]
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