[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Proposed Rules]
[Pages 14938-14941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7357]
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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: Supplemental notice of proposed rulemaking.
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SUMMARY: This document supplements the Coast Guard's May 2008 proposal
to amend the existing special anchorage area at Perth Amboy, New
Jersey, at the junction of the Raritan River and Arthur Kill. The
proposed amendment 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 supplemental notice of proposed rulemaking
provides updated coordinates for the proposed amendment and revises the
proposed use limitations.
DATES: Comments and related material must be received by the Coast
Guard on or before May 4, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-0047 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Jeff Yunker, Waterways Management Coordinator,
Coast Guard, telephone 718-354-4195, e-mail [email protected]. 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.
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 provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0047'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8[frac12] 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 and may change the rule
based on your comments.
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,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-0047 in the Docket ID box, press
[[Page 14939]]
Enter, and then click on the item in the Docket ID column. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.
Privacy Act
Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But, you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting 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 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.
On May 8, 2008, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Anchorage Regulations; Port of New York and
Vicinity'' (Docket number USCG-2008-0047) in the Federal Register (73
FR 26054). In that NPRM, the Coast Guard proposed to add a ``note'' to
the regulation. The Coast Guard received two letters commenting on the
NPRM, and one request for a public meeting.
Discussion of Comments and Changes
The Coast Guard received two letters commenting on the NPRM, and
both letters stated that the geographic points appeared to be
incorrect. The Coast Guard agrees with these comments. It was
determined that, during the Coast Guard's internal review process prior
to publication of the NPRM, the incorrect positions from an earlier
draft were transposed to the final version of the NPRM that was
published in the Federal Register. The special anchorage area location
was submitted to the National Oceanographic and Atmospheric
Administration (NOAA) and they provided the positions so the special
anchorage area would be displayed adjacent to the Federal Channel on
navigation charts. The positions proposed in this supplemental NPRM
were provided by NOAA to correct this issue.
In addition to correction of the coordinates as discussed above,
one commenter requested the following three revisions.
First, the commenter requested that the Coast Guard enlarge the
special anchorage area one block north to Smith Street as extended to
give certain city moorings the benefit of a special anchorage. The
current special anchorage area bisects the Municipal Marina, and the
commenter's proposed change would cover the waters to the end of the
Municipal Marina. The Coast Guard agrees because the extension covers
waters under the jurisdiction of the Perth Amboy Municipal Marina, and
this supplemental NPRM proposes to extend the northern boundary of the
special anchorage area to an extension of Smith Street.
Second, the commenter requested that the Coast Guard require only
that vessels in the special anchorage area and their attached moorings
do not impinge on the Shipping Channels, and require no additional
buffer zone between the recreational vessels and the Federal Channel.
The Coast Guard agrees. This comment has been incorporated into the
revised positions provided by NOAA to display the special anchorage
area adjacent to the Federal Channel, and proposed in this supplemental
NPRM.
Third, the commenter requested that the Coast Guard revise the
proposed ``note'' to provide that mariners contact the Fleet Captain of
the Raritan Yacht Club at 732-297-7727, 732-826-2277 or on VHF Channel
9, and only prohibit the use of mooring piles or stakes seaward of the
pier head line in accordance with the Waterfront Management Plan for
the Mooring Field at Perth Amboy, NJ as authorized by the New Jersey
Department of Environmental Protection. The Coast Guard agrees and has
revised the proposed rule to include these changes. The Coast Guard
also has removed the designation ``note'' from this proposed text, and
replaced it with the new paragraph designation (d)(10)(i).
The commenter who submitted the requests above also requested a
public meeting ``in the event'' that the requestor's comments were not
incorporated. Because the Coast Guard agrees with the comments above
and has incorporated them into this supplemental NPRM for further
public comment, the Coast Guard believes a public meeting would not aid
this rulemaking.
Finally, this supplemental NPRM reflects technical amendments made
between the publication of the May 2008 NPRM and this supplemental
NPRM. (See 73 FR 35010.) As a result of these technical amendments, the
regulation for this special anchorage area is now codified at 33 CFR
110.60(d)(10), instead of 33 CFR 110.60(aa). Similarly, 33 CFR 110.60
was titled ``Port of New York and vicinity'' when the May 2008 NPRM
issued, but now is titled ``Captain of the Port, New York''; to avoid
confusion the Coast Guard has not changed the title of this
supplemental NPRM.
As discussed above, this supplemental NPRM proposes corrected
coordinates for the special anchorage area. Further, 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: ``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
Raritan Yacht Club Fleet Captain (telephone 732-297-7727, 732-826-2277,
or VHF Channel 9) 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 seaward of the pier head line. Mariners are
encouraged to contact the Raritan Yacht Club Fleet Captain for any
additional ordinances and to ensure compliance with additional
applicable state and local laws.''
[[Page 14940]]
This proposed addition will greatly increase navigation safety and
is necessary due to the boundary of the special anchorage area being
adjacent to the Raritan River Cutoff and Raritan River Federal
Channels.
Regulatory Analyses
We developed this proposed 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 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 rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This finding is based on the
fact that this rule 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 proposed rule 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, which could cause a marine
casualty, pollution incident, or human fatality, 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 proposed rule would not have a
significant economic impact on these entities for the following
reasons: The 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 proposed 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
[[Page 14941]]
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 Department of Homeland
Security Management Directive 0023.1 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 made a preliminary determination that this action is one of a
category of actions which does not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves changes to the size of a special anchorage area. 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.
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. 110.60, by revising paragraph (d)(10) to read as
follows:
Sec. 110.60 Captain of the Port, New York.
* * * * *
(d) * * *
(10) Perth Amboy, NJ. All waters bound by the following points:
40[deg]30'26.00'' N, 074[deg]15'42.00'' W; thence to 40[deg]30'24.29''
N, 074[deg]15'35.20'' W; thence to 40[deg]30'02.79'' N,
074[deg]15'44.16'' W; thence to 40[deg]29'35.70'' N, 074[deg]16'08.88''
W; thence to 40[deg]29'31.00'' N, 074[deg]16'20.75'' W; thence to
40[deg]29'47.26'' N, 074[deg]16'49.82'' W; thence to 40[deg]30'02.00''
N, 074[deg]16'41.00'' W, thence along the shoreline to the point of
origin.
(i) 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 Raritan Yacht Club Fleet Captain
(telephone 732-297-7727, 732-826-2277 or VHF Channel 9) 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
seaward of the pier head line. Mariners are encouraged to contact the
Raritan Yacht Club Fleet Captain for any additional ordinances or laws
and to ensure compliance with additional applicable state and local
laws.
(ii)[Reserved]
* * * * *
Dated: February 27, 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E9-7357 Filed 4-1-09; 8:45 am]
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