[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Proposed Rules]
[Pages 26054-26056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10259]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0047]
RIN 1625-AA01


Anchorage Regulations; Port of New York and Vicinity

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the existing special 
anchorage area at Perth Amboy, New Jersey, at the junction of the 
Raritan River and Arthur Kill. This proposed action is necessary to 
facilitate safe navigation and provide for a safe and secure anchorage 
for vessels of not more than 65 feet in length. This action is intended 
to increase the safety of life and property on the Raritan River and 
Arthur Kill, improve the safety of anchored vessels, and provide for 
the overall safe and efficient flow of vessel traffic and commerce.

DATES: Comments and related material must reach the Coast Guard on or 
before June 9, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0047 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Jeff Yunker, Waterways Management Coordinator, 718-354-
4195. If you have questions on viewing or submitting material to the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0047), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0047) 
in the Search Box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Waterways Management Division, Coast Guard Sector New 
York, 212 Coast Guard Drive, Room 210, Staten Island, New York 10305.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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

    During times of tidal shifts, vessels moored near the edge of this 
Special Anchorage Area were found swinging out into the Raritan River 
Cutoff and the Raritan River federal channels. Since moored vessels in 
a Special Anchorage Area are exempt from the Inland Rules of the Road 
[Rule 30 (33 U.S.C 2030) and Rule 35 (33 U.S.C. 2035)]; vessels 
swinging out into these federal channels

[[Page 26055]]

create a high risk of collision with larger commercial vessels that 
transit past this Special Anchorage Area especially at night and during 
times of inclement weather. Also, when larger commercial vessels 
maneuver to avoid a collision with recreation vessels that swing out 
into these channels it creates a hazardous, close-quarters passing 
situation with other larger commercial vessels operating within these 
federal channels.
    This rulemaking is intended to reduce the risk of vessel collisions 
by adding amplifying information regarding the use of the Special 
Anchorage Area. This would be accomplished by adding the following note 
to the regulation: ``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.''
    This will greatly increase navigation safety and is necessary due 
to the boundary of the Special Anchorage Area being within 15 yards of 
the Raritan River Cutoff and Raritan River federal channels.

Discussion of Proposed Rule

    The proposed rule would add a regulatory note to the Special 
Anchorage Area. This note would require all moorings be placed so that 
no vessel, when anchored, will at any time extend beyond the limits of 
the Special Anchorage Area.
    We are proposing this rulemaking due to the information provided in 
the Background and Purpose section above.

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 this proposal would require 
recreational vessels to anchor a greater distance from the Raritan 
River Cutoff and Raritan River federal channels. As displayed on the 
government navigation charts, the current boundaries of the Special 
Anchorage Area and adjacent federal channels nearly overlap. This would 
greatly reduce the possibility of marine casualties, pollution 
incidents, or human fatalities that could be caused by these 
recreational vessels anchoring within, or near, the federal channels 
and causing a collision with any of the approximately 5,000 commercial 
vessels that transit the Raritan River Cutoff Channel on an annual 
basis. Vessel transit statistics from the ACOE Navigation Data Center 
are available online at: http://www.iwr.usace.army.mil/ndc/wcsc/wcsc.htm. Additionally, vessels would still be able to anchor in an 
area approximately 850 to 1,050 yards wide by 480 to 980 yards long off 
the southern Perth Amboy shoreline.

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 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 
vessels intending to anchor immediately adjacent to, Raritan River 
Cutoff and Raritan River federal channels and cause a marine casualty, 
pollution incident, or human fatalities, due to a commercial vessel 
colliding with the anchored or moored recreational vessel(s). It would 
also affect commercial vessels by reducing the possibility that they 
will encounter hazardous, close-quarters passing conditions created by 
recreational vessels within the channels. However, the requirements 
contained within the regulatory note would not have a significant 
economic impact on these entities for the following reasons: The 
proposed revised special anchorage area would require vessels to moor, 
or anchor, at a greater distance from the Raritan River and Raritan 
River Cutoff federal channels reducing the threat of collision with 
vessels transiting the adjacent federal channel. This Special Anchorage 
Area was never designed to authorize vessels to anchor, or moor, in a 
manner where they would extend into the federal channel creating a 
hazard to navigation. Additionally, vessels would still be able to 
anchor in an area approximately 850 to 1,050 yards wide by 480 to 980 
yards long off the southern Perth Amboy shoreline.
    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 Mr. Jeff Yunker, Waterways 
Management Coordinator, Coast Guard Sector New York at 718-354-4195. 
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

[[Page 26056]]

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 which guides 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 this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 110

    Anchorage Grounds.

Words of Issuance and Proposed Regulatory Text

    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, 2071; 
Department of Homeland Security Delegation No. 0170.1.

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


Sec.  110.60  Port of New York and vicinity.

* * * * *
    (aa) Perth Amboy, NJ. All waters bound by the following points: 
40[deg]30[min]19.0[sec] N, 074[deg]15[min]46.0[sec] W; thence to 
40[deg]30[min]17.0[sec] N, 074[deg]15[min]39.0[sec] W; thence to 
40[deg]30[min]02.8[sec] N, 074[deg]15[min]45.0[sec] W; thence to 
40[deg]29[min]36.0[sec] N, 074[deg]16[min]09.2[sec] W; thence to 
40[deg]29[min]30.8[sec] N, 074[deg]16[min]22.0[sec] W; thence to 
40[deg]29[min]47.2[sec] N, 074[deg]16[min]52.0[sec] W; thence to 
40[deg]30[min]02.0[sec] N, 074[deg]16[min]43.0[sec] W, thence along the 
shoreline to the point of origin.

    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: April 23, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. E8-10259 Filed 5-7-08; 8:45 am]
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