[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Proposed Rules]
[Pages 40800-40802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16171]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0155]
RIN 1625-AA01


Anchorage Regulations; Port of New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to decrease the size of Romer Shoal 
Anchorage Ground in Lower New York Bay. This action is necessary to 
facilitate safe navigation in the area and to provide safe and secure 
anchorages for vessels transiting this area. This proposal is intended 
to increase the safety for life and property for the Port of New York, 
improve the safety of anchored vessels, and provide for the overall 
safe and efficient flow of commercial vessels and commerce.

DATES: Comments and related material must reach the Coast Guard on or 
before September 15, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0155 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 LCDR Michael McBrady, Chief, Waterways Management Division, 
718-354-2353. 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-2008-0155), 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-2008-0155) 
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, 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

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

    The Sandy Hook Pilots Association through the New York/New Jersey 
Harbor Safety Committee has requested the Coast Guard reduce the size 
of federal anchorage ground 27(ii) near Romer Shoal located between 
Ambrose and Swash Channels. The proposed eastern boundary of anchorage 
ground 27(ii) would move the eastern boundary about 2,860 yards to the 
west (inshore). The revised anchorage ground would be bound by the 
following points: 40[deg]28'28.9'' N, 073[deg]56'46.0'' W; thence to 
40[deg]29'48.1'' N, 073[deg]56'46.0'' W; thence to 40[deg]31'23.2'' N, 
074[deg]00'51.0'' W; thence to 40[deg]32'11.5'' N, 074[deg]01'39.3'' W; 
thence to 40[deg]32'12.4'' N, 074[deg]02'04.6'' W; thence to 
40[deg]31'28.5'' N, 074[deg]02'05.0'' W; thence to 40[deg]30'14.2'' N, 
074[deg]00'05.0'' W; thence to the point of origin (NAD 83).

Discussion of Proposed Rule

    The Sandy Hook Pilots have observed foreign flag vessels, inbound 
via the New York Traffic Separation Scheme (TSS), proceeding through 
the Precautionary Area and the charted pilot area, sometimes at unsafe 
speeds of up to 18 knots to anchor in the eastern portion of this 
anchorage ground. The anchorage ground with charted water depths of 
between 39-63 feet, has obstructions which have the potential to create 
a grounding situation to certain types of vessels attempting to

[[Page 40801]]

anchor there. The Sandy Hook Pilots report that the majority of these 
foreign flag vessel masters lack the local knowledge required to move 
to this anchorage without pilot assist and language barriers make it 
difficult for the pilots to communicate the potential danger to their 
vessel. As stated, these ships are proceeding at greater speeds for 
longer periods of time since they are not embarking a pilot enroute 
this anchorage ground. This also creates hazardous conditions with 
other vessels slowing down to embark and disembark pilots in the 
adjacent offshore pilot area. Additionally, during periods of low 
visibility the presence of an anchored ship in this rarely used section 
of the anchorage may cause tight passing conditions between tugs and 
their tows and larger recreational vessels entering or departing the 
port. Moving the eastern boundary of this anchorage ground to the west 
will reduce vessel congestion in the area and enhance transit safety 
for vessels into and out of the Port of NY/NJ.

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 proposed change conforms 
to the changing needs of commercial vessels and increasing commercial 
vessel traffic within the Port of NY/NJ.

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 vessels intending to transit through the charted Pilot 
Area to anchor in the eastern end of anchorage ground 27(ii). This 
revised anchorage ground would not have a significant economic impact 
on a substantial number of small entities for the following reason: 
These vessels would still be able to anchor in the northeastern 
quadrant of the Precautionary Area as they have been for several years 
now while awaiting orders, dock space, or inshore anchorage for 
conducting lightering, bunkering, crew transfer, or other necessary 
vessel operations. 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 LCDR Michael McBrady 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

[[Page 40802]]

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; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

    2. Amend Sec.  110.155, by revising paragraph (f)(2)(ii) to read as 
follows:


Sec.  110.155  Port of New York.

* * * * *
    (f) * * *
    (2) * * *
    (ii) Romer Shoal. All waters bound by the following points: 
40[deg]28'28.9'' N, 073[deg]56'46.0'' W; thence to 40[deg]29'48.1'' N, 
073[deg]56'46.0'' W; thence to 40[deg]31'23.2'' N, 074[deg]00' 51.0'' 
W; thence to 40[deg]32'11.5'' N, 074[deg]01'39.3'' W; thence to 
40[deg]32'12.4'' N, 074[deg]02'04.6'' W; thence to 40[deg]31'28.5'' N, 
074[deg]02'05.0'' W; thence to 40[deg]30'14.2'' N, 074[deg]00'05.0'' W; 
thence to the point of origin (NAD 83).
* * * * *

    Dated: May 7, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. E8-16171 Filed 7-15-08; 8:45 am]
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