[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34377-34379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12071]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD01-06-023]
RIN 1625-AA01


Anchorage Regulations; Port of New York andVicinity

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is expanding the boundary of a Special 
Anchorage Area on the Hudson River at Nyack, 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 from July 23, 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 (CGD01-06-023) and are available for inspection or 
copying at Waterways Management Division, Coast Guard Sector New York, 
212 Coast Guard Drive, room 209, 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 February 6, 2007, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Anchorage Regulations; Port of New York 
and Vicinity'' in the Federal Register (72 FR 5382). We received no

[[Page 34378]]

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 Nyack 
is encouraging waterfront use by the general public. This 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 expanded 
special anchorage area is 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 anchorage well removed from 
the channel and general navigation will greatly increase navigational 
safety.

Discussion of Comments and Changes

    The Coast Guard received no comments on this rulemaking and no 
changes 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.
    This finding is based on the fact that the rule conforms to the 
changing needs of the Village of Nyack and the changing needs of 
recreational vessels along the Hudson River. The 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 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 the expanded special anchorage area. However, this special 
anchorage area will not have a significant economic impact on these 
entities for the following reasons. The 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 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.

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 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

[[Page 34379]]

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 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. Paragraph (34)(f) applies because this rule expands 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, 2071; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

0
2. In Sec.  110.60, revise 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: June 7, 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E7-12071 Filed 6-21-07; 8:45 am]
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