[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Rules and Regulations]
[Pages 51061-51064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19981]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2011-0563]
RIN 1625-AA01


Special Anchorage Areas; Port of New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing two special anchorage areas, 
Special Anchorage Area North and Special Anchorage Area South, along 
the Hudson River adjacent to Manhattan at the 79th Street Boat Basin; 
revising the New York City Harbor Master phone number for Sheepshead 
Bay, NY; and disestablishing the Captain of the Port New York 
Commercial Mooring Buoy permit regulations and table displaying the 
mooring anchor, chain, and pendant requirements. The Coast Guard is not 
establishing two special anchorage areas on Sandy Hook Bay or 
disestablishing the western special anchorage area in Sheepshead Bay, 
as originally proposed. This action is necessary to facilitate safe 
navigation in these areas and provide safe and secure anchorages for 
vessels not more than 65 feet in length. This action is intended to 
increase the safety of life and property in New York City, improve the 
safety of anchored vessels, and provide for the overall safe and 
efficient flow of vessel traffic and commerce.

DATES: This rule is effective September 19, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2011-0563]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Waterways Management Division, Coast 
Guard Sector New York; telephone (718) 354-4195, email 
[email protected] or Lieutenant Isaac Slavitt, Waterways 
Management Division at Coast Guard First District, telephone (617) 223-
8385, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NYC PARKS New York City Department of Parks and Recreation

A. Regulatory History and Information

    On February 6, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Special Anchorage Areas; Port of New York, NY in the 
Federal Register (77 FR 5743). We received 13 comments on the proposed 
rule. A public hearing was requested, but none was held since the 
written comments clearly expressed the views of the commenters and oral 
presentations would not aid in the rulemaking process.

B. Basis and Purpose

    The legal basis for the rule is 33 U.S.C. 471, 1221 through 1236, 
2030, 2035, 2071; 33 CFR 1.05-1; and Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
define anchorage grounds.
    The specific reasons for this rulemaking are requests submitted by 
the local governments with jurisdiction over the current mooring fields 
and special anchorage areas to clarify their usage. Additionally, the 
removal of the

[[Page 51062]]

Captain of the Port New York Commercial Mooring Buoy permit regulations 
and table Sec.  110.155(L)(7) displaying the mooring anchor, chain, and 
pendant requirements aligns these regulations with current U.S. Army 
Corps of Engineers permitting regulations.
    The purpose of this rule is to facilitate safe navigation in these 
areas and provide safe and secure anchorages for vessels not more than 
65 feet in length, increase the safety of life and property in New York 
City, improve the safety of anchored vessels, and provide for the 
overall safe and efficient flow of vessel traffic and commerce.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received a total of 13 comments regarding the NPRM.
    No comments were received regarding the establishment of the two 
special anchorage areas, Special Anchorage Area North and Special 
Anchorage Area South along the Hudson River adjacent to Manhattan at 
the 79th Street Boat Basin.
    The Coast Guard received one comment from the U.S. Department of 
the Interior stating they had no comment at that time.
    The Coast Guard received one comment that simply restated a portion 
of the proposed rulemaking.
    The Coast Guard received ten comments regarding the establishment 
of the two special anchorage areas, Atlantic Highland North and 
Atlantic Highland South, on Sandy Hook Bay at Atlantic Highlands, NJ.
    Of the ten comments relating to the Atlantic Highland areas, four 
comments simply expressed support of establishment of the special 
anchorage areas.
    Four additional comments requested an expansion of the proposed 
boundaries of the special anchorage areas beyond the boundary initially 
proposed in the NPRM. The comments stated that the special anchorage 
areas with designated vessel mooring positions would create hazardous 
conditions by transient vessels anchoring outside of the special 
anchorage areas. The comments stated that transient vessels would 
deploy anchors and chain of various lengths within the special 
anchorage areas risking collisions between the vessels.
    Two comments requested that the requirement for mariners using the 
Atlantic Highlands special anchorage areas to contact the local Harbor 
Master be deleted. One of these comments stated that the Municipal 
Harbor Master only has the authority to manage the 172 moorings within 
the special anchorage areas and that there is no law authorizing the 
Federal government to require mariners to notify the Harbor Master. One 
of these comments questioned whether the Federal government had 
authority to give navigational control of tidal waters to a municipal 
entity or to require mariners using the anchorage to notify the Harbor 
Master. Additionally, one of these comments stated that the channel 
markers installed by Atlantic Highlands Harbor are at odds with the 
boundary of the special anchorage areas, particularly the southeast 
corner of the northern special anchorage area. The lighted piling is 
approximately 80 feet northwest of the southeast corner of the proposed 
special anchorage area.
    Based upon the comments received we conducted a site visit with the 
Atlantic Highlands Harbor Master on July 18, 2012. After reviewing the 
As-Built Mooring Field Construction Plan provided by the Harbor Master, 
we determined that eight helical anchors were installed outside of the 
proposed special anchorage areas and 28 of 29 unlit vessels would swing 
outside of the special anchorage areas. The presence of these unlit 
vessels outside of the special anchorage areas would create an unsafe 
condition for other vessels transiting the area.
    Additionally, floating docks installed adjacent to the proposed 
northern special anchorage area are not depicted on the National 
Oceanic and Atmospheric Administration Chart. This further decreases 
the area available for vessels transiting between the proposed northern 
special anchorage area and the docking facilities.
    Based upon these findings we are withdrawing the two proposed 
special anchorage areas in Atlantic Highlands, NJ from this rulemaking. 
The local Harbor Master will continue to resolve mooring location 
issues as they have done in previous years prior to requesting the 
establishment of these special anchorage areas. With regard to the 
comments regarding contacting the local Harbor Master, we note that 
that section has also been removed from this final rule, and thus the 
comments on that issue are moot.
    We received one comment in opposition to the disestablishment of 
the western special anchorage area in Sheepshead Bay, NY. The comment 
stated that the western special anchorage area in Sheepshead Bay is 
useful for transients and visiting vessels under 65 ft in length 
because the yacht clubs and marinas within Sheepshead Bay have very few 
moorings capable of accommodating vessels greater than 40 ft in length; 
therefore visiting vessels with lengths between 40 and 65 feet must 
anchor outside of these mooring fields if they are to stay in 
Sheepshead Bay. The commenter also stated that Sheepshead Bay is 
located away from the major shipping channels of New York Harbor and 
accommodating transient boaters in the special anchorage area tends to 
keep them from interfering with the large commercial vessels. 
Additionally, the comment stated that the special anchorage area 
provides a relatively convenient access to public transportation, 
onshore shopping and amenities which facilitate interstate and 
international commerce.
    Based upon this comment we are withdrawing the proposed 
disestablishment of the western special anchorage area in Sheepshead 
Bay, NY.
    Finally, we are adding the contact phone number for moorings in 
Sheepshead Bay, NY, and clarifying language regarding the role of the 
local Harbor Masters.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.
1. Regulatory Planning and Review
    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect minimal additional cost impacts on fishing, or 
recreational boats anchoring because this rule will not affect normal 
surface navigation. Although this regulation may have some limited 
impact on the public due to the alteration of traffic patterns, the 
potential impact will be minimized for the following reasons: Normal 
surface navigation will not be affected as the special anchorage areas 
on the Hudson River have historically been used as mooring fields by 
NYC PARKS.
    The regulation requiring all vessels anchoring in Sheepshead Bay, 
NY to remain entirely within the northern and southern special 
anchorage areas at all times has the potential to reduce the number of 
vessels that are able to anchor within the special anchorage

[[Page 51063]]

areas. However, this is necessary to maintain an open area for larger 
charter fishing vessels and event vessels transiting to and from NYC 
PARKS maintained fishing piers to the west.
    We expect minimal additional cost (and the potential for reduced 
costs due to the removal of certain regulations) impacts on the tug and 
barge operators because this rule will disestablish USCG permitting 
regulations that are currently under the jurisdiction of the District 
Engineer, U.S. Army Corps of Engineers.
2. Impact on Small Entities
    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received zero comments from the Small Business 
Administration on this rule. 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 and small fishing vessels intending to 
anchor in the Hudson River and Sheepshead Bay, NY.
    The rule will not have a significant economic impact on a 
substantial number of small entities for the same reasons outlined 
above in the ``Regulatory Planning and Review'' section.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.
4. Collection of Information
    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.
6. Protest Activities
    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.
 7. 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 (adjusted for 
inflation) 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.
 8. Taking of Private Property
    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference With Constitutionally Protected Property 
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.
13. Technical Standards
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.
14. Environment
    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of special anchorage 
areas and disestablishment of anchorage ground regulations. This rule 
is categorically excluded from further review under paragraph 34(f) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this 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 rule.

List of Subjects in 33 CFR Part 110

    Anchorage Grounds.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 110 as follows:

[[Page 51064]]

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.  110.60 by adding paragraphs (c)(12) and (13) and 
(d)(8)(i) and (ii) to read as follows:


Sec.  110.60  Captain of the Port, New York.

* * * * *
    (c) * * *
    (12) 79th Street Boat Basin South. All waters of the Hudson River 
enclosed by a line beginning at the northwest corner of the 70th Street 
pier at approximate position 40[deg]46'47.10'' N, 073[deg]59'29.13'' W; 
thence to 40[deg]47'02.60'' N, 073[deg]59'17.88'' W; thence to 
40[deg]46'59.73'' N, 073[deg]59'13.01'' W; thence along the shoreline 
and pier to the point of beginning.
    (13) 79th Street Boat Basin North. All waters of the Hudson River 
enclosed by a line beginning on the shoreline near West 110th Street at 
approximate position 40[deg]48'21.06'' N, 073[deg]58'15.72'' W; thence 
to 40[deg]48'21.06'' N, 073[deg]58'24.00'' W; thence to 
40[deg]47'14.70'' N, 073[deg]59'09.00'' W; thence to 40[deg]47'11.84'' 
N, 073[deg]59'08.90'' W; thence along the breakwater and shoreline to 
the point of beginning.
    (i) The anchoring of vessels and use of the moorings in anchorage 
areas described in paragraphs (c)(12) and (13) of this section will be 
under the supervision of the local Harbor Master appointed by the City 
of New York. Mariners may contact the boat basin on VHF CH 9 or at 
(212) 496-2105 for mooring and anchoring availability. All moorings or 
anchors shall be placed well within the anchorage areas so that no 
portion of the hull or rigging will at any time extend outside of the 
anchorage.
    (ii) [Reserved.]
    (d) * * *
    (8) * * *
    (i) The anchoring of vessels and use of the moorings in anchorage 
areas described in paragraphs (d)(6) through (8) of this section will 
be under the supervision of the local Harbor Master appointed by the 
City of New York. Mariners may contact the Harbor Master at (718) 478-
0480. All moorings or anchors shall be placed well within the anchorage 
areas so that no portion of the hull or rigging will at any time extend 
outside of the anchorage. For guest moorings and access to and from the 
anchorage areas described in paragraphs (d)(6) through (8) mariners may 
contact the following boating clubs: Miramar Yacht Club (718) 769-3548; 
Port Sheepshead (917) 731-8607; or Sheepshead Yacht Club (718) 891-
0991.
    (ii) [Reserved].
* * * * *


0
3. Amend Sec.  110.155 by revising paragraph (l)(8) to read as follows:


Sec.  110.155  Port of New York.

* * * * *
    (l) * * *
    (8) Operations near commercial mooring buoys permitted by the 
District Engineer, U.S. Army Corps of Engineers.
    (i) No vessel shall continuously occupy a mooring when a vessel in 
regular traffic requires the berth or when navigation would be menaced 
or inconvenienced thereby.
    (ii) No vessel shall moor or anchor in any anchorage in such a 
manner as to interfere with the use of a duly authorized mooring buoy. 
Nor shall any vessel moored to a buoy authorized by the District 
Engineer, U.S. Army Corps of Engineers be moored such that any portion 
of that vessel comes within 50 feet of a marked or dredged channel.
    (iii) No vessel shall be operated within the limits of an anchorage 
at speed exceeding 6 knots when in the vicinity of a moored vessel.
    (iv) In an emergency the Captain of the Port may shift the position 
of any unattended vessel moored in or near any anchorage.
* * * * *

    Dated: May 2, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-19981 Filed 8-19-13; 8:45 am]
BILLING CODE 9110-04-P