[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Rules and Regulations]
[Pages 10484-10486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5095]


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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: Final rule.

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SUMMARY: This final rule amends 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 change to the anchorage is 
intended to increase the safety of life and property within this area 
of the Port of New York by providing for greater safety of anchored 
vessels and to enhance the safe and efficient flow of commercial 
vessels and commerce.

DATES: This rule is effective April 10, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0155 and are available online by going to 
http://www.regulations.gov, selecting the

[[Page 10485]]

Advanced Docket Search option on the right side of the screen, 
inserting USCG-2008-0155 in the Docket ID box, pressing Enter, and then 
clicking on the item in the Docket ID column. This material is also 
available for inspection or copying at two locations: the 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, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays and the Waterways Management Division, Coast 
Guard Sector New York, 212 Coast Guard Drive, room 210, Staten Island, 
NY 10305, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LT Edward Munoz, Chief, Waterways Management Division, 718-354-
2353. If you have questions on viewing the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 16, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Regulations; Port of New York in the Federal 
Register (73 FR 40800). We received no letters commenting on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The Sandy Hook Pilots Association through the New York/New Jersey 
Harbor Safety Committee requested the Coast Guard reduce the size of 
federal anchorage ground 27(ii) near Romer Shoal located between 
Ambrose and Swash Channels. The eastern boundary of anchorage ground 
27(ii) is being moved about 2,860 yards to the west (inshore). The 
revised anchorage ground will be bound by the following points: 40 
28'27.21''N, 073 56'45.84''W; thence to 40 29'47.70''N, 073 
56'46.23''W; thence to 40 31'25.38''N, 074 00'53.50''W; thence to 40 
32'11.38''N, 074 01'39.50''W; thence to 40 32'12.38''N, 074 
02'05.50''W; thence to 40 31'27.38''N, 074 02'05.50''W; thence to 40 
30'13.38''N, 074 00'05.50''W; thence to the point of origin (NAD 83). 
These positions are slightly different than those published in the 
Notice of Proposed Rulemaking. It was determined after publication of 
the proposed rule that the Anchorage Ground coordinates were never 
converted from datum NAD 27 to datum NAD 83. The coordinates in this 
final rule have been converted to datum NAD 83 to ensure the unchanged 
portions of the Anchorage Ground boundary remain the same in the 
regulation and on the navigation charts that are also in datum NAD 83.

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rulemaking. 
The following changes were made to the Final Rule.
    It was determined after publication of the proposed rule that the 
Anchorage Ground coordinates were never converted from datum NAD 27 to 
datum NAD 83. The coordinates in the final rule have been converted to 
datum NAD 83 to ensure the unchanged portions of the Anchorage Ground 
boundary remain in the same geographic location and correspond with the 
coordinates provided in the regulation and on the navigation charts. 
The revised anchorage ground is bound by the following points: 40 
28'27.21''N, 073 56'45.84''W; thence to 40 29'47.70''N, 073 
56'46.23''W; thence to 40 31'25.38''N, 074 00'53.50''W; thence to 40 
32'11.38''N, 074 01'39.50''W; thence to 40 32'12.38''N, 074 
02'05.50''W; thence to 40 31'27.38''N, 074 02'05.50''W; thence to 40 
30'13.38''N, 074 00'05.50''W; thence to the point of origin (NAD 83).

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. The finding is based on the 
fact that the anchorage change conforms to the current needs of 
commercial vessels and is designed to better accommodate the increased 
commercial traffic within the Port of New York and New Jersey while 
balancing use of the waterway between commercial and recreational 
vessels.

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 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 are still 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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).

[[Page 10486]]

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 may 
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.

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 Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, 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 
under the Instruction 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. The rule fits this category as it reduces 
the size of an anchorage ground.
    Under figure 2-1, paragraph (34)(f) of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

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. 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]28'27.21''N, 073[deg]56'45.84''W; thence to 40[deg]29'47.70''N, 
073[deg]56'46.23''W; thence to 40[deg]31'25.38''N, 074[deg]00'53.50''W; 
thence to 40[deg]32'11.38''N, 074[deg]01'39.50''W; thence to 
40[deg]32'12.38''N, 074[deg]02'05.50''W; thence to 40[deg]31'27.38''N, 
074[deg]02'05.50''W; thence to 40[deg]30'13.38''N, 074[deg]00'05.50''W; 
thence to the point of origin (NAD 83).
* * * * *

    Dated: February 23, 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E9-5095 Filed 3-10-09; 8:45 am]
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