[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Proposed Rules]
[Pages 5382-5385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1882]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-06-023]
RIN 1625-AA98


Anchorage Regulations; Port of New York and Vicinity

AGENCY: Coast Guard, DHS.

[[Page 5383]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to expand the boundary of a Special 
Anchorage Area on the Hudson River at Nyack, NY. 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 proposed 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: Comments and related material must reach the Coast Guard on or 
before April 9, 2007.

ADDRESSES: You may mail comments and related material to Waterways 
Management Division (CGD01-06-023), Coast Guard Sector New York, 212 
Coast Guard Drive, room 321, Staten Island, New York 10305. The 
Waterways Management Division of Coast Guard Sector New York maintains 
the public docket for this rulemaking. 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 321, Coast Guard Sector 
New York, 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:

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 (CGD01-06-
023), 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 them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Management Division 
at the address under ADDRESSES explaining why one would be beneficial. 
If we determine that one 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 effort, the Village of Nyack 
is encouraging waterfront use by the general public. This proposed rule 
is in response to a request made by the Village of Nyack 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 the 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 proposed 
expanded special anchorage area will be located on the west side of the 
Hudson River about 1,600 yards north of the Tappan Zee Bridge, well 
removed from the channel and located where general navigation will not 
endanger or be endangered by unlighted vessels. Providing an anchorage 
well removed from the channel and general navigation would greatly 
increase navigational safety.

Discussion of Proposed Rule

    The proposed rule would expand the boundary of a current special 
anchorage area located on the Hudson River at the Village of Nyack, NY. 
It would include all waters of the Hudson River bound by the following 
points: 41[deg]06'06.8'' N, 073[deg]54'55.5'' W; thence to 
41[deg]06'06.8'' N, 073[deg]54'18.0'' W; thence to 41[deg]05'00.0'' N, 
073[deg]54'18.0'' W; thence to 41[deg]05'00.0'' N, 073[deg]55'02.2'' W; 
thence along the shoreline to the point of origin (NAD 1983). The 
boundaries of the special anchorage area would increase from its 
current size of approximately 735 yards by approximately 1,030 yards to 
approximately 935 yards by approximately 2,250 yards. The 200 yard 
expansion beyond the current boundary would occur on the eastern side 
and the 2,250 yard expansion would occur on the southern side of the 
special anchorage area.
    All proposed coordinates are North American Datum 1983 (NAD 83).
    The expanded special anchorage area 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) 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 expanded anchorage area 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.
    Vessels would not be authorized to anchor within a buoyed fairway 
within the expanded special anchorage area. The fairway will be marked 
to prevent vessels from anchoring near an active cable.

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 section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    This finding is based on the fact that the proposal conforms to the 
changing needs of the Village of Nyack and the changing needs of 
recreational vessels along the Hudson River. The proposed eastern 
boundary of the special anchorage area is approximately 970 yards from 
the 12-foot contour on the west side of the Hudson River and 
approximately 2,600 yards from the 12-foot contour on the eastern 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 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

[[Page 5384]]

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 near the expanded special anchorage area. However, this special 
anchorage area would not have a significant economic impact on these 
entities for the following reasons. The proposed eastern boundary of 
the special anchorage area is approximately 970 yards from the 12-foot 
contour on the west side of the Hudson River and approximately 2,600 
yards from the 12 foot contour on the eastern side of the Hudson River. 
It is also about 1,700 yards from the 600-foot wide Hudson River 
Federal Project Channel. The eastern boundary of this proposed expanded 
Special Anchorage Area only extends an additional 200 yards from the 
Nyack shoreline. 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.
    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 Lieutenant Commander M. McBrady, 
Waterways Management Division, Coast Guard Sector New York at (718) 
354-2353. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

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

    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 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 Executive Order 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 might 
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. 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 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 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.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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, we believe that this rule should 
be 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 would expand a 
special anchorage area.

[[Page 5385]]

    A preliminary ``Environmental Analysis Check List'' is 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.

    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. Amend Sec.  110.60, by revising paragraph (o-2) to read as 
follows:


Sec.  110.60  Port of New York and vicinity.

* * * * *
    (o) * * *
    (o-2) Hudson River, at Nyack. That portion of the Hudson River 
bound by the following points: 41[deg]06'06.8'' N, 073[deg]54'55.5'' W; 
thence to 41[deg]06'06.8'' N, 073[deg]54'18.0'' W; thence to 
41[deg]05'00.0'' N, 073[deg]54'18.0'' W; thence to 41[deg]05'00.0'' N, 
073[deg]55'02.2'' W; thence along the shoreline to the point of origin 
(NAD 1983), excluding a fairway in the charted cable area that is 
marked with buoys.

    Note: The area is principally for use by yachts and other 
recreational craft. A mooring buoy is permitted.

* * * * *

    Dated: January 24, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
 [FR Doc. E7-1882 Filed 2-5-07; 8:45 am]
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