[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Rules and Regulations]
[Pages 6690-6692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2454]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-06-027]
RIN 1625-AA01


Anchorage Regulations; Port of New York

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the duration vessels are 
authorized to anchor in specific anchorage grounds within the Port of 
New York and New Jersey (PONYNJ). This action is necessary to 
facilitate safe navigation and provide for the overall safe and 
efficient flow of waterborne commerce. This action is intended to 
better facilitate the efficient use of the limited deep water anchorage 
grounds available in PONYNJ.

DATES: This rule is effective March 15, 2007.

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 (CGD01-06-027) and are available for inspection or 
copying at Waterways Management Division, 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 November 16, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Regulations; Port of New York in the Federal 
Register (71 FR 66708). We received no letters commenting on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The Coast Guard is revising the duration that vessels are 
authorized to anchor in Federal Anchorage Grounds 19, 21-A, 21-B, 21-C, 
and 25 in the Port of New York and New Jersey (PONYNJ), 33 CFR 110.155 
(c)(5), (d)(10)-(12), and (e)(1), respectively. These revisions are 
necessary due to the limited amount of deep water anchorage space 
available in the Hudson River, Upper and Lower Bay of New York Harbor.
    In recent years, as the number of ships in port has increased and 
their sizes have grown, the anchorage grounds have frequently been 
filled to capacity. According to the Harbor Safety, Operations, and 
Navigation Committee of the Port of New York and New Jersey (HAROPS), 
which represents a broad spectrum of the local maritime industry, 
having adequate anchorage space is critical to the overall safety and 
economic vitality of the port. The limited availability of anchorage 
space has caused undue economic burden for ships that are forced to 
anchor outside

[[Page 6691]]

the port in the vicinity of Ambrose Tower, sometimes for days, while 
awaiting anchorage space. Vessels have been unable to complete their 
business, including re-supply, lightering, and bunkering, in a cost-
efficient manner and sometimes have forgone obtaining services in New 
York because of the delays. The unavailability of anchorage space also 
increases safety risks by forcing ships to take on provisions while 
underway and potentially preventing ships from anchoring in an 
emergency.
    The revisions increase the availability of anchorage space by 
reducing the amount of time that a vessel may remain at anchor. The 
revisions also limit the number vessels from loitering in the lower 
Hudson River, Bay Ridge, and Gravesend Bay anchorages.

Discussion of Comments and Changes

    The Coast Guard received no comments on this rulemaking and no 
changes from the proposed rule have been made.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary.
    This finding is based on our evaluation presented in the following 
two paragraphs:
    This rule allows the Coast Guard to better manage the increasing 
and changing needs of commercial vessels and to make the best use of 
the limited available Anchorage Grounds. Vessels normally complete 
bunkering or lightering operations within the Anchorage Grounds within 
48 hours. Additionally, due to security concerns at facilities, more 
vessels need to replenish supplies while at anchor, which normally 
takes no longer than 8 hours. This rule allows shipping lines, owners, 
agents, and others in the shipping industry to operate more efficiently 
in the Port of New York and New Jersey.
    The current 30-day limit for vessels to remain at anchor is an 
inefficient use of the limited, extremely busy Anchorage Grounds within 
the PONYNJ since vessels not conducting port related operations could 
easily anchor offshore while awaiting pier space, supply deliveries, 
sailing orders, etc. Additionally, this rule allows the commercial 
vessel industry to more efficiently conduct final preparations for sea 
in a protected Anchorage Ground, as opposed to conducting preparations 
during outbound transit in the vicinity of the six vessel traffic lanes 
that converge on Ambrose Light (LLNR 720). This rule is in the interest 
of safe and efficient navigation.

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 commercial vessels 
intending to anchor in a portion of the Hudson River, Upper New York 
Bay, or Lower New York Bay. This rule, however, will not have a 
significant economic impact on these entities for the reasons stated 
above in the Regulatory Evaluation section.

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 received no requests for assistance.
    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). 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 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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.

[[Page 6692]]

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 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 
guide 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 revises the duration a vessel can anchor in a Federal 
Anchorage Ground.
    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. In Sec.  110.155, add paragraphs (c)(5)(vi), (d)(10)(ii), 
(d)(11)(iii), (d)(12)(iii), and (e)(1)(iii), to read as follows:


Sec.  110.155  Port of New York.

* * * * *
    (c) * * *
    (5) * * *
    (vi) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
* * * * *
    (d) * * *
    (10) * * *
    (ii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (11) * * *
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
    (12) * * *
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
* * * * *
    (e) * * *
    (1) * * *
    (iii) No vessel may occupy this anchorage for a period of time in 
excess of 96 hours without prior approval of the Captain of the Port.
* * * * *

    Dated: January 26, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
 [FR Doc. E7-2454 Filed 2-12-07; 8:45 am]
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