[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Rules and Regulations]
[Pages 18494-18496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07307]


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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: Final rule.

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SUMMARY: The Coast Guard is disestablishing thirteen anchorage grounds 
and one special anchorage area that are now obsolete in Newark Bay, the 
East River, Western Long Island Sound, Raritan Bay, and Lower New York 
Bay, and reducing the size of three anchorage grounds in Raritan, Sandy 
Hook, and Lower New York Bays.

DATES: This rule is effective May 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0038 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Craig Lapiejko, Waterways Management Branch 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 Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
USACE United States Army Corps of Engineers
USCP United States Coast Pilot
U.S.C. United States Code
WAMS Waterways Analysis and Management System

II. Background Information and Regulatory History

    In 2012, the Coast Guard conducted a WAMS survey of these anchorage 
regulations within Newark Bay. In 2013, the Coast Guard conducted a 
WAMS survey of these anchorage regulations within New Rochelle Harbor, 
Manhasset, and Little Neck Bays. In 2014, the Coast Guard conducted a 
WAMS survey of these anchorage regulations within Raritan Bay. In 
response, on November 25, 2015, the Coast Guard published an NPRM 
titled Anchorage Regulations; Port of New York (80 FR 73692). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to these anchorage regulations. During the 
comment period that ended January 25, 2016, we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The First Coast Guard District Commander has determined that 
potential hazards associated with vessels anchoring in the shallow 
water of these charted anchorage grounds will be a safety concern for 
vessels constrained by their draft. The purpose of this rule is to 
reduce the risk of vessels grounding in shallow water and accurately 
reflect the anchorages currently in use.

IV. Discussion of Comments, Changes, and the Rule

    This rule disestablishes thirteen anchorage grounds and one special 
anchorage area that are now obsolete in Newark Bay, the East River, 
Western Long Island Sound, Raritan Bay, and Lower New York Bay, and 
reduces the size of three anchorage grounds in Raritan, Sandy Hook, and 
Lower New York Bays.
    As noted above, we received one comment on our NPRM published 
November 25, 2015. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    The Office of Coast Survey, National Oceanic and Atmospheric 
Administration (NOAA) strongly recommended that the coordinates for the 
disestablished anchorage grounds be published within the final rule. 
These coordinates follow:
    Coordinates for Disestablished Special Anchorage Area:
    33 CFR 110.60(d)(2) New York Harbor:
     Newark Bay, Southwest: All waters bound by the following 
points: 40[deg]38'52.1'' N., 074[deg]09'41.1'' W.; thence

[[Page 18495]]

to 40[deg]38'51.6'' N., 074[deg]10'18.2'' W.; thence to 
40[deg]38'51.0'' N., 074[deg]10'36.5'' W.; thence to 40[deg]39'16.8'' 
N., 074[deg]09'56.3'' W.; thence to 40[deg]39'16.2'' N., 
074[deg]09'36.9'' W.; thence to the point of origiN., excluding 
therefrom the ``Pipe Line Area''.
    Coordinates for Disestablished Anchorage Grounds:
    33 CFR 110.155 Port of New York:
     (a)(2) Anchorage Ground No. 1-A: All waters southwest of a 
line from 40[deg]54'27.36'' N., 073[deg]46'04.16'' W to 
40[deg]54'01.65'' N., 073[deg]45'23.02'' W. All waters northwest of a 
line from 40[deg]54'01.65'' N., 073[deg]45'23.02'' W, thence to 
40[deg]53'30.65'' N., 073[deg]46'05.30'' W. All waters north of a line 
from 40[deg]53'30.65'' N., 073[deg]46'05.30'' W thence to 
40[deg]53'21.35'' N., 073[deg]46'38.52'' W.
     (a)(3) Anchorage Ground No. 1-B: All waters west and north 
of the following lines: from 40[deg]54'58.06'' N., 073[deg]44'51.82'' 
W; thence to 40[deg]54'10.69'' N., 073[deg]45'10.48'' W.; thence to 
40[deg]54'26.89'' N., 073[deg]46'04.84'' W.
     (a)(4) Anchorage Ground No. 2: All waters west of a line 
from 40[deg]48'56.58'' N., 073[deg]47'52.98'' W.; thence to 
40[deg]48'27.38'' N., 073[deg]47'29.20'' W.
     (a)(5) Anchorage Ground No. 3: All waters northeast of a 
line from 40[deg]50'54.57'' N., 073[deg]44'16.64'' W.; thence to 
40[deg]51'28.94'' N., 073[deg]44'49.11'' W. All waters southeast of a 
line from 40[deg]51'28.94'' N., 073[deg]44'49.11'' W.; thence to 
40[deg]52'07.26'' N., 073[deg]44'15.41'' W. All waters southwest of a 
line from 40[deg]52'07.26'' N., 073[deg]44'15.41'' W.; thence to 
40[deg]51'57.80'' N., 073[deg]43'47.86'' W.
     (a)(6) Anchorage Ground No. 4: All waters northeast of a 
line from 40[deg]49'00.62'' N., 073[deg]45'41.92'' W.; thence to 
40[deg]49'28.17'' N., 073[deg]46'29.31'' W. All waters southeast of a 
line from 40[deg]49'28.17'' N., 073[deg]46'29.31'' W.; thence to 
40[deg]51'28.94'' N., 073[deg]44'49.11'' W. All waters southwest of a 
line from 40[deg]51'28.94'' N., 073[deg]44'49.11'' W.; thence to 
40[deg]50'54.57'' N., 073[deg]44'16.64'' W.
     (a)(7) Anchorage Ground No. 5: All waters east of a line 
from 40[deg]47'40.53'' N., 073[deg]46'28.93'' W.; thence to 
40[deg]49'18.69'' N., 073[deg]46'12.69'' W. All waters south of a line 
from 40[deg]49'18.69'' N., 073[deg]46'12.69'' W.; thence to 
40[deg]49'00.62'' N., 073[deg]45'41.92'' W.
     (b)(2) Anchorage Ground No. 7: All waters south of a line 
from 40[deg]48'03.24'' N., 073[deg]49'11.46'' W.; thence to 
40[deg]47'41.80'' N., 073[deg]46'58.77'' W.
     (h)(1) Anchorage Ground No. 34: All waters bound by the 
following points: 40[deg]38'51.5'' N, 074[deg]10'35.6'' W.; thence to 
40[deg]39'20.2'' N, 074[deg]09'50.8'' W.; thence to 40[deg]39'41.4'' N, 
074[deg]09'30.2'' W.; thence to 40[deg]39'29.6'' N, 074[deg]08'58.0'' 
W.; thence to 40[deg]39'21.7'' N, 074[deg]08'50.8'' W.; thence to 
40[deg]39'08.0'' N, 074[deg]08'58.9'' W.; thence to 40[deg]38'49.9'' N, 
074[deg]09'20.0'' W.; thence to 40[deg]38'53.5'' N, 074[deg]09'37.1'' 
W.; thence to 40[deg]38'52.0'' N, 074[deg]09'41.6'' W.; thence to the 
point of origin (NAD 83).
     (h)(3) Anchorage Ground No. 36: All waters bound by the 
following points: 40[deg]41'13.1'' N, 074[deg]08'06.1'' W.; thence to 
40[deg]41'12.7'' N, 074[deg]08'09.9'' W.; thence to 40[deg]40'51.0'' N, 
074[deg]08'29.7'' W.; thence to 40[deg]40'44.7'' N, 074[deg]08'29.8'' 
W.; thence to 40[deg]40'34.0'' N, 074[deg]08'12.0'' W.; thence to 
40[deg]40'36.6'' N, 074[deg]08'04.8'' W.; thence to 40[deg]40'54.5'' N, 
074[deg]07'56.5'' W.; thence to 40[deg]41'03.3'' N, 074[deg]07'56.5'' 
W.; thence to the point of origin (NAD 83).
     (h)(4) Anchorage Ground No. 37: All waters bound by the 
following points: 40[deg]41'40.66'' N, 074[deg]06'38.63'' W.; thence to 
40[deg]41'51.85'' N, 074[deg]07'01.88'' W.; thence to 40[deg]39'16.54'' 
N, 074[deg]08'33.79'' W.; thence to 40[deg]39'16.68'' N, 
074[deg]08'25.82'' W, thence along the shoreline to point of origin 
(NAD 83).
     (h)(5) Anchorage Ground No. 38: All waters bound by the 
following points: 40[deg]43'05.57'' N, 074[deg]06'08.36'' W.; thence to 
40[deg]42'40.39'' N, 074[deg]06'48.46'' W.; thence to 40[deg]42'35.47'' 
N, 074[deg]06'53.93'' W.; thence to 40[deg]42'24.34'' N, 
074[deg]06'59.31'' W.; thence to 40[deg]42'20.79'' N, 
074[deg]06'59.76'' W.; thence to 40[deg]42'11.44'' N, 
074[deg]06'55.73'' W.; thence to 40[deg]42'03.86'' N, 
074[deg]07'00.66'' W.; thence to 40[deg]41'52.53'' N, 
074[deg]07'01.56'' W.; thence to 40[deg]41'41.33'' N, 
074[deg]06'38.05'' W, thence along the shoreline to point of origin 
(NAD 83).
     (h)(6) Anchorage Ground No. 39: All waters bound by the 
following points: 40[deg]43'20.60'' N, 074[deg]07'11.06'' W.; thence to 
40[deg]42'51.41'' N, 074[deg]07'16.10'' W.; thence to 40[deg]42'27.93'' 
N, 074[deg]07'08.10'' W.; thence to 40[deg]42'43.70'' N, 
074[deg]06'56.08'' W.; thence to 40[deg]43'08.81'' N, 
074[deg]06'24.24'' W.; thence along the shoreline to point of origin 
(NAD 83).
     (j)(4) Anchorage Ground No. 46: 40[deg]29'52.19'' N, 
074[deg]15'01.76'' W.; thence to 40[deg]29'48.88'' N, 
074[deg]15'10.76'' W. 40[deg]30'34.63'' N, 074[deg]11'25.01'' W.; 
thence to 40[deg]30'02.74'' N, 074[deg]09'03.10'' W.; thence to 
40[deg]31'44.04'' N, 074[deg]09'19.73'' W.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the administrative 
nature of the rulemaking as it would not alter current navigational 
practices on the affected waterways.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rulemaking. 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.
    While some owners or operators of vessels intending to transit or 
anchor within these waterways may be small entities, for the reasons 
stated in section V.A above, this rule will not have a significant 
economic impact on any vessel owner or operator.
    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 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

[[Page 18496]]

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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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

F. 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 (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 disestablishment of thirteen obsolete anchorage 
grounds and one obsolete SAA, and reduces the size of two anchorage 
grounds and combines them into one smaller anchorage ground. It is 
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 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:

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: March 22, 2016.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-07307 Filed 3-30-16; 8:45 am]
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