[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73692-73694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30056]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2015-0038]
RIN 1625-AA01


Anchorage Regulations; Port of New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to disestablish 13 anchorage grounds 
and 1 special anchorage area that are now obsolete in Newark Bay, the 
East River, Western Long Island Sound, Raritan Bay, and Lower New York 
Bay. It also proposes to reduce the size of three anchorage grounds in 
Raritan, Sandy Hook, and Lower New York Bays. This proposed rulemaking 
is necessary due to the increased size and draft of current commercial 
vessels operating in the Captain of the Port New York zone, as the 
existing anchorages have insufficient water depths to accommodate these 
vessels; the exposure of these anchorages to winds, tides, and 
currents; and changes in recreational vessel usage patterns in Newark 
Bay. This proposed rulemaking would provide a higher degree of vessel 
and environmental safety by reducing the risk of vessels grounding in 
shallow water, and accurately reflect the anchorages currently in use.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 25, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0038 using the following Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
of proposed rulemaking, contact Mr. Craig Lapiejko, Waterways 
Management at Coast Guard First District, telephone 617-223-8351, email 
[email protected] or Mr. Jeff Yunker, Coast Guard Sector New 
York Waterways Management Division, U.S. Coast Guard; telephone 718-
354-4195, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
SAA Special Anchorage Area
USACE United States Army Corps of Engineers
USCP United States Coast Pilot
WAMS Waterways Analysis and Management System

II. Background, Purpose, and Legal Basis

    Anchorage grounds were originally established by the (USACE) on 
April 25, 1907, pursuant to an Act of Congress approved May 16, 1888. 
This information was published in the 1909 (USCP) Atlantic Coast, Part 
IV, From Point Judith to New York, Fifth Edition. Anchorage regulation 
duties and powers were transferred to the Coast Guard in 1967 (32 FR 
17726, Dec. 12, 1967)
    The special anchorage areas (SAAs) were originally established by 
the USACE and first published in the USCP in 1960. The USCP is a series 
of nine nautical books published by the National Oceanic and 
Atmospheric Administration (NOAA) that encompasses a wide variety of 
information important to navigators of U.S. waters. The USCP is 
intended to be used as a supplement to NOAA nautical charts. Topics 
covered include anchorage grounds, SAAs, and specific anchoring 
regulations governing their usage.
    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 and special anchorage areas.
    The specific reasons for this rulemaking are to disestablish 13 
anchorage grounds and 1 SAA that are now obsolete and reduce the size 
of three anchorage grounds that are no longer used by commercial or 
recreational mariners. The intended purpose of this rulemaking is to 
reduce the risk of vessels grounding in shallow water and accurately 
reflect the anchorages currently in use. The USACE New York District 
was consulted on this regulation and had no objections.

III. Discussion of Proposed Rule

    This proposed rule would disestablish five obsolete anchorage 
grounds in Newark Bay described in 33 CFR 110.155(h)(1) and (h)(3) 
through (6). During our 2012 WAMS review of Newark Bay, we announced in 
First Coast Guard District Local Notice to Mariners that we were 
considering disestablishing anchorage ground numbers 34, 36, 37, 38, 
and 39. We received one comment that these anchorage grounds should be 
retained and dredged to a depth of not less than 12 feet at mean low 
water so vessels could anchor within their boundaries. These anchorage 
grounds are not a federal project under the jurisdiction of the USACE 
and thus will not be dredged to a depth that is usable by most 
commercial vessels.
    During this 2012 WAMS we also sought comment on the proposed 
disestablishment of the Newark Bay Southeast and Newark Bay Southwest 
SAAs described in 33 CFR 110.60(d)(1) and (2). We received no comments 
that these SAAs are used or that they should be retained. These 
proposed revisions were advertised to the public in the First Coast 
Guard District Local Notice to Mariners number 50 in 2011 (dated 
December 14, 2011) through number 24 in 2012 (dated June 13, 2012). 
During a 2014 site visit to the Robbins Reef Yacht Club in Bayonne, NJ, 
the Coast Guard was notified by a club member that the Newark Bay 
Southeast SAA is still in use. Based on those comments we are no longer 
considering disestablishing the Newark Bay Southeast SAA. We are, 
however, proposing to disestablish the Newark Bay Southwest SAA, Sec.  
110.60(d)(2).
    This proposed rule would disestablish seven obsolete anchorage 
grounds in Western Long Island Sound and the East River described in 33 
CFR 110.155(a)(2) through (7), and (b)(2). During our 2013 WAMS review 
of New Rochelle Harbor, Manhasset and Little Neck Bays we announced in 
the First Coast Guard District Local Notice to Mariners that we were 
considering disestablishing anchorage ground numbers 1-A, 1-B, 2, 3, 4, 
5, and 7. We received no comments that these anchorage grounds are 
being used or that they should be retained. These proposed revisions 
were advertised to the public in the First Coast Guard District Local 
Notice to Mariners number 48 in 2012 (dated November 28, 2012) through 
number 25 in 2013 (dated June 19, 2013).

[[Page 73693]]

    This proposed rule would also disestablish obsolete anchorage 
ground number 46 in Raritan Bay described in 33 CFR 110.155(j)(4). 
Additionally, this proposed rule would reduce the size of anchorage 
ground number 28 described in 33 CFR 110.155(f)(3) and anchorage ground 
number 47 described in 33 CFR 110.155(j)(5) in Raritan and Lower New 
York Bays. Portions of these two reduced anchorage grounds would be 
incorporated into revised anchorage grounds, number 26, which would 
also be reduced in size, described in 33 CFR 110.155(f)(1), and revised 
anchorage ground, number 28, in Raritan and Lower New York Bays 
described in 33 CFR 110.155(f)(3). The existing anchorage ground 
numbers 26, 28, 46, and 47 cover approximately 59.307 square nautical 
miles. The proposed revised anchorage ground numbers 26 and 28 would 
cover approximately 7.877 square nautical miles. In addition, this 
proposed rule would update the coordinates to 1983 datum for Anchorage 
Ground number 27 in the Atlantic Ocean described in 33 CFR 
110.155(f)(2).
    This rulemaking would also remove regulations regarding navigation 
and mooring in the vicinity of the Naval Ammunition Depot Pier at 
Leonardo, NJ, in existing 33 CFR 110.155(f)(1)(i) and (ii) because 
these requirements are already codified at 33 CFR 165.130. During our 
2014 WAMS review of Raritan Bay, we announced in the First Coast Guard 
District Local Notice to Mariners we considering disestablishing 
anchorage ground numbers 46 and 47. We received no comments that these 
anchorage grounds are being used or that they should be retained in 
their current configurations. These proposed revisions were advertised 
to the public in the First Coast Guard District Local Notice to 
Mariners number 07 in 2014 (dated February 19, 2014) through number 26 
in 2014 (dated July 2, 2014).

IV. Regulatory Analyses

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

A. 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, 
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 do not expect this 
proposed rule to have a significant impact because it is administrative 
in nature and would not alter current navigational practices on the 
affected waterways.

B. 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 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 or anchor within these portions of Newark Bay; the 
East River near Little Bay; Western Long Island Sound between Throgs 
Neck, Sands Point, and Larchmont Harbor; and Raritan and Lower New York 
Bays.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons: this 
rule would only codify current navigation practices on the affected 
waterways. Neither the proposed disestablishment of anchorage grounds 
nor the size reductions would affect vessels' schedules or their 
abilities to freely transit near these areas within the Captain of the 
Port New York zone. The water available in the anchorage grounds to be 
disestablished is too shallow for most commercial vessels to anchor 
within and the anchorage grounds in western Long Island Sound and East 
River are currently unusable as they are exposed to weather, tides, and 
currents that do not provide a safe anchorage.
    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.
    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. 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. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland

[[Page 73694]]

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 preliminary 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 proposed rule 
involves disestablishing 13 obsolete anchorage grounds and 1 obsolete 
SAA, and reducing the size of two anchorage grounds and combining them 
into one smaller anchorage ground. This rule may be categorically 
excluded from further review under paragraph 34(f) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this document, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

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.


Sec.  110.60  [Amended]

0
2. In Sec.  110.60:
0
a. Remove paragraph (d)(2) and redesignate paragraphs (d)(3) through 
(10) as paragraphs (d)(2) through (9), respectively.
0
b. Amend the note to newly redesignated paragraph (d)(2) by removing 
``paragraph (d)(3)'' and adding ``paragraph (d)(2)'' in its place.
0
3. In Sec.  110.155:
0
a. Remove and reserve paragraph (a)(2) and remove paragraphs (a)(3) 
through (7);
0
b. Remove and reserve paragraph (b)(2);
0
c. Revise paragraph (f);
0
d. Remove and reserve paragraph (h);
0
e. Revise paragraph (j)(2); and
0
f. Remove paragraphs (j)(3) through (5).
    The revisions read as follows:


Sec.  110.155  Port of New York.

* * * * *
    (f) Lower Bay, Raritan Bay, Sandy Hook Bay, and Atlantic Ocean--(1) 
Anchorage No. 26. In Raritan and Sandy Hook Bays all waters bound by 
the following points: 40[deg]30'06.74'' N., 074[deg]10'04.96'' W.; 
thence to 40[deg]28'59.44'' N., 074[deg]05'00.00'' W.; thence to 
40[deg]28'44.94'' N., 074[deg]05'00.00'' W.; thence to 
40[deg]29'05.02'' N., 074[deg]07'30.56'' W.; thence to 
40[deg]29'17.49'' N., 074[deg]10'16.50'' W.; thence to the point of 
origin (NAD 83).
    (2) Anchorage No. 27. In the Atlantic Ocean 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).
    (3) Anchorage No. 28. In Lower Bay all waters bound by the 
following points: 40[deg]30'02.30'' N., 074[deg]08'52.69'' W.; thence 
to 40[deg]29'10.10'' N., 074[deg]04'59.65'' W.; thence to 
40[deg]29'09.99'' N., 074[deg]02'57.75'' W.; thence to 
40[deg]31'52.89'' N., 074[deg]02'39.89'' W.; thence to 
40[deg]31'59.72'' N., 074[deg]03'25.13'' W.; thence to 
40[deg]31'28.57'' N., 074[deg]03'40.70'' W.; thence to 
40[deg]30'26.24'' N., 074[deg]05'11.46'' W.; thence to 
40[deg]30'19.01'' N., 074[deg]06'21.37'' W.; thence to 
40[deg]30'21.53'' N., 074[deg]08'46.19'' W.; thence to the point of 
origin (NAD 83).
* * * * *
    (j) * * *
    (2) Anchorage No. 45. West of the Raritan Bay Channel leading into 
Arthur Kill; north of the Raritan River Channel leading into Raritan 
River; and east of the Cutoff Channel between Raritan River and Arthur 
Kill, except that part of the said area occupied by Anchorage No. 44.
    (i) Vessels must not anchor in the channel to Keyport Harbor west 
of lines ranging from Keyport Channel Buoy 1 to Keyport Channel Buoy 9, 
thence through Keyport Channel Buoys 11 and 13 to the northeast corner 
of the easterly steamboat wharf; and east of a line extending from a 
point 400 yards west of Keyport Channel Buoy 1 tangent to the west 
shore at the mouth of Matawan Creek.
    (ii) [Reserved]
* * * * *

    Dated: October 14, 2015.
K.C. Keifer,
Captain, U.S. Coast Guard, Acting Commander First Coast Guard District.
[FR Doc. 2015-30056 Filed 11-24-15; 8:45 am]
BILLING CODE 9110-04-P