[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Rules and Regulations]
[Pages 30615-30617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8298]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CG01-05-101]
RIN 1625-AA01 (Previously reported as RIN 1625-AA98)


Anchorage Regulations; Port of New York and Vicinity

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a Special Anchorage Area in 
Haverstraw Bay on the Hudson River adjacent to Haverstraw, NY. 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, 
and provide for the overall safe and efficient flow of recreational 
vessel traffic and commerce.

DATES: This rule is effective June 29, 2006.

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 (CGD01-05-101) and are available for inspection or 
copying at Waterways Management Division (CGD01-05-101), Coast Guard 
Sector New York, 212 Coast Guard Drive, room 321, Staten Island, New 
York 10305 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. McBrady, 
Waterways Management Division, Coast Guard Sector New York at (718) 
354-2353.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 19, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Regulations; Port of New York and Vicinity in 
the Federal Register (71 FR 3025). We received no letters commenting on 
the proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    As part of a waterfront revitalization effort the Village of 
Haverstraw is encouraging waterfront use by the general public. This 
rule is in response to a request made by the Village of Haverstraw to 
ensure the safe navigation of increased vessel traffic expected to 
arrive along the village waterfront due to this revitalization effort.
    The Coast Guard is designating an area as a special anchorage area 
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 special anchorage area will be located on the west side of the 
Hudson River about 1,800 yards south of Bowline Point, 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.
    This special anchorage area is part of a waterfront revitalization 
project authorized under U.S. Army Corps of Engineers permit number 
2004-00596-YR.

Discussion of Comments and Changes

    No comments were received, and no changes were made from the 
proposed rule.

Discussion of Rule

    This rule creates a new special anchorage area located on the 
Hudson River at the Village of Haverstraw, New York, on Haverstraw Bay. 
It includes all waters of the Hudson River bound by the following 
points: 41[deg]11'25.2'' N, 073[deg]57'19.9'' W; thence to 
41[deg]11'34.2'' N, 073[deg]57'00.8'' W; thence to 41[deg]11'41.9'' N, 
073[deg]57'07.5'' W; thence to 41[deg]11'31.8'' N, 073[deg]57'26.5'' W; 
thence to 41[deg]11'30.8'' N, 073[deg]57'24.9'' W; thence to the point 
of origin (NAD 1983). All coordinates are North American Datum 1983 
(NAD 83).
    The special anchorage area is 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) nor 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

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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.

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 section 
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 (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This finding is based on the fact that this special anchorage area 
does not extend past the 18-foot contour on the west side of the Hudson 
River, which leaves approximately 1,680 yards of safe water before 
reaching the 18-foot contour on the east side of the Hudson River. The 
resulting impact to vessel transits in this area is so minimal, because 
the special anchorage area leaves more than enough room for the 
navigation of all vessels. This will allow for greater safety of 
navigation and traffic in the area, while also providing for a 
substantial improvement to the safety of anchorages in the area.

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.
    This rule will 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 near or through the special anchorage area. However, this special 
anchorage area will not have a significant economic impact on these 
entities for the following reasons. The special anchorage area does not 
extend past the 18-foot contour on the west side of the Hudson River. 
This leaves approximately 1,680 yards of safe water before reaching the 
18-foot contour on the east side of the Hudson River. It is also about 
800 yards from the 600-foot wide Hudson River Federal Project Channel. 
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 this special anchorage area will not impede safe and 
efficient vessel transits on the Hudson River.

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 could better evaluate 
its effects on them and participate in the rulemaking process. The 
Coast Guard did not receive any requests for assistance with this 
rulemaking.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small 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 business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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.

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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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

    We have 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 might 
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 does 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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

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

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
and Department of Homeland Security Management Directive 5100.1, 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 environmental 
documentation. This rule fits the category selected from paragraph 
(34)(f) as it establishes a special anchorage area.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

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. Amend Sec.  110.60 to add new paragraph (p)(p-3) to read as follows:


Sec.  110.60  Port of New York and vicinity.

* * * * *
    (p) * * *
    (p-3) Hudson River, at Village of Haverstraw. That portion of the 
Hudson River bound by the following points: 41[deg]11'25.2'' N, 
073[deg]57'19.9'' W; thence to 41[deg]11'34.2'' N, 073[deg]57'00.8'' W; 
thence to 41[deg]11'41.9'' N, 073[deg]57'07.5'' W; thence to 
41[deg]11'31.8'' N, 073[deg]57'26.5'' W; thence to 41[deg]11'30.8'' N, 
073[deg]57'24.9'' W; thence to the point of origin (NAD 1983).
* * * * *

    Dated: May 11, 2006.
Mark J. Campbell,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
 [FR Doc. E6-8298 Filed 5-26-06; 8:45 am]
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