[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Rules and Regulations]
[Pages 2011-2013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00465]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2013-0018]
RIN 1625-AA01


Anchorage Regulations; Port of New York

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing and modifying anchorage 
grounds within the Port of New York. This action is necessary to 
facilitate safe navigation and provide safe and secure anchorages for 
vessels operating in the area. This rule is intended to increase the 
safety of life and property of both the anchored vessels and those 
operating in the area, as well as provide for the overall safe and 
efficient flow of commerce.

DATES: This rule is effective February 17, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0018]. 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, Sector New York, Waterways Management 
Division, U.S. Coast Guard; telephone 718-354-4195, Email 
[email protected] or Chief Craig Lapiejko, Coast Guard First 
District Waterways Management Branch, telephone 617-223-8385, Email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
WAMS Waterways Analysis and Management System

A. Regulatory History and Information

    On July 25, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled Anchorage Regulations; Port of New York in the Federal 
Register (78 FR 44917). We received no comments on the proposed rule. 
No public meeting was requested, and none was held.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 471, 1221 through 1236, 
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.
    This rule was assessed as part of a Waterways Analysis and 
Management System (WAMS) review of the New York Vessel Traffic Lanes 
and Approaches to New York Harbor with the intent of optimizing the 
waterway and aids to navigation. The Coast Guard received six responses 
to the survey included in the WAMS review. The survey responses 
reported that Anchorage Ground No. 27(ii) Romer Shoal and Anchorage 
Ground No. 27(iii) Flynns Knoll, near Sandy Hook, NJ are not used 
because their locations leave vessels exposed to swells and that there 
are safer anchorage grounds available in Lower New York and Sandy Hook 
Bays.
    The New York District Army Corps of Engineers (USACE) was consulted 
on this regulation and had no objections.
    In addition, the Hudson River Pilots Association requested the 
Coast Guard

[[Page 2012]]

establish a federal anchorage ground near Yonkers, NY on the Hudson 
River.
    The purpose of this rule is to accommodate ship traffic awaiting 
berthing space, favorable weather, daylight hours, tidal conditions for 
transits, and/or other unforeseen conditions to improve navigation 
safety; clarify positions of current areas being used for vessels 
anchoring; and reduce regulatory burden by disestablishing anchorage 
grounds that are no longer used and therefore deemed unnecessary.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule, 
and no changes were made to the regulatory text.

D. 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 to the industry because 
this rule is not imposing fees, permits, or specialized requirements 
for the maritime industry to utilize these anchorage grounds. The 
effect of this rule will not be significant as it removes two obsolete 
anchorage grounds that are no longer used and codifies one anchorage 
ground that is currently used by commercial vessels as a general 
anchorage area. This will represent an improvement to the safety of 
vessels using the anchorage grounds, facilitate the transit of deep 
draft vessels through the adjoining waterways, and increase mariner 
awareness that they can expect to find anchored vessels in the 
vicinity.

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 no 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 vessels that have a need 
to anchor or transit through the lower Hudson River near Yonkers, NY; 
and Lower New York Bay near Romer Shoal and Flynns Knoll near Sandy 
Hook, NJ.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule only codifies current navigation practices already in use by 
commercial vessels in these areas. The anchorage grounds will not 
affect vessels' schedules or their abilities to freely transit near 
these areas within the Captain of the Port zone. The anchorage grounds 
will not impose any monetary expenses on small entities because it does 
not require them to purchase any new equipment, hire additional crew, 
or make any other expenditures.

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 does 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 
section 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 From Environmental Health Risks

    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

[[Page 2013]]

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 made a 
determination 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 disestablishing two unused anchorage 
grounds, establishing one anchorage ground, and reducing the size of 
one anchorage ground resulting in a reduction in the overall size of 
the anchorage grounds by 7.28 square nautical miles in the COTP zone. 
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 and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES.

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:

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, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.


0
2. In Sec.  110.155 revise paragraphs (c)(2) and (f) and add paragraph 
(c)(4) to read as follows:


Sec.  110.155  Port of New York.

* * * * *
    (c) * * *
    (2) Anchorage No. 17. All waters of the Hudson River bound by the 
following points: 40[deg]56'26.66'' N, 073[deg]55'12.06'' W; thence to 
40[deg]56'22.54'' N, 073[deg]54'49.77'' W; thence to 40[deg]55'56.00'' 
N, 073[deg]54'58.00'' W; thence to 40[deg]55'54.15'' N, 
073[deg]54'46.96'' W; thence to 40[deg]54'18.43'' N, 073[deg]55'21.12'' 
W; thence to 40[deg]52'27.59'' N, 073[deg]56'14.32'' W; thence to 
40[deg]51'34.20'' N, 073[deg]56'52.64'' W; thence to 40[deg]51'20.76'' 
N, 073[deg]57'31.75'' W; thence along the shoreline to the point of 
origin (NAD 83).
    (i) When the use of Anchorage No. 17 is required by naval vessels, 
the vessels anchored therein shall move when the Captain of the Port 
directs them.
    (ii) [Reserved]
* * * * *
    (4) Anchorage No. 18. All waters of the Hudson River bound by the 
following points: 40[deg]56'54.0'' N, 073[deg]54'40.0'' W; thence to 
40[deg]56'51.0'' N, 073[deg]54'24.0'' W; thence to 40[deg]55'53.0'' N, 
073[deg]54'40.0'' W; thence to 40[deg]55'56.0'' N, 073[deg]54'58.0'' W; 
thence to the point of origin (NAD 83).
    (i) This anchorage ground is reserved for use by ships only.
    (ii) [Reserved]
* * * * *
    (f) * * *
    (2) Anchorage No. 27. Atlantic Ocean--
    (i) All waters bound by the following points: 40[deg]28'49.27'' N, 
074[deg]00'12.13'' W; thence to 40[deg]28'52.12'' N, 074[deg]00'00.56'' 
W; thence to 40[deg]28'40.88'' N, 073[deg]58'51.95'' W; thence to 
40[deg]25'57.91'' N, 073[deg]54'55.56'' W; thence to 40[deg]23'45.55'' 
N, 073[deg]54'54.89'' W; thence to 40[deg]23'45.38'' N, 
073[deg]58'32.10'' W; thence along the shoreline to the point of origin 
(NAD 83).
    (ii) [Reserved]
    (iii) [Reserved]
* * * * *

    Dated: December 30, 2014.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2015-00465 Filed 1-14-15; 8:45 am]
BILLING CODE 9110-04-P