[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Proposed Rules]
[Pages 4882-4884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02114]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2017-1125]
RIN 1625-AA01


Anchorage Grounds; Saint Lawrence Seaway, Cape Vincent, New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish at the request of the 
Saint Lawrence Seaway Development Corporation, two separate anchorage 
grounds, Carleton Island Anchorage and Tibbetts Point Anchorage, near 
Cape Vincent, New York. The Federal Anchorage Ground designations will 
enable a pilot to disembark a safely anchored vessel which will help 
reduce pilot fatigue, increase pilot availability, and reduce costs 
incurred by vessels transiting the Seaway. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 3, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1125 using the 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 about this 
proposed rulemaking, call or email Lieutenant Jason Radcliffe, Ninth 
District, Waterways Operations, U.S. Coast Guard; telephone 216-902-
6060, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish two anchorage grounds one in 
the vicinity of Carleton Island, New York and the second near Tibbetts 
Point, New York. Each area has historically been used as an anchorage 
and the Saint Lawrence Seaway Development Corporation, at the request 
of its waterway users, has requested each area to be officially 
designated as Federal Anchorage Grounds.
    Without this designation, pilots who anchor a ship in the 
respective areas are unable to disembark during sustained delay periods 
which hinder compliance with rest requirements and complicate pilot 
availability and logistics for other vessels. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 471, 1221 through 1236, 
2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish two new anchorage areas 
to be known as Carleton Island Anchorage and Tibbetts Point Anchorage.
    The Carleton Island Anchorage would be located just northeast and 
adjacent to Carleton Island and Millen Bay. The boundaries of Carleton 
Island Anchorage are presented in the proposed regulatory text at the 
end of this document. The anchorage would be approximately .75 square 
miles. Proposed Carleton Island Anchorage is primarily intended for use 
by up-bound inland or ocean going bulk freight and tank ships, towing 
vessels and barges that need to anchor and wait for the availability of 
a Lake Ontario Pilot. Under this proposed rule no anchors would be 
allowed to be placed in the channel and no portion of the hull or 
rigging would be allowed to extend outside the limits of the anchorage 
area.
    The Tibbetts Point Anchorage would be located just west and 
adjacent to Tibbetts Point and Fuller Bay. The boundaries of Tibbett's 
Point Anchorage are presented in the proposed regulatory text at the 
end of this document. The anchorage would be approximately 1.5 square 
miles. Proposed Tibbett's Point Anchorage is primarily intended for use 
by down-bound inland or ocean going bulk freight and tank ships, towing 
vessels and barges that need to anchor and wait for the availability of 
a River Pilot. Under this proposed rule no anchors would be allowed to 
be placed in the channel and no portion of the hull or rigging would be 
allowed to extend outside the limits of the anchorage area.
    Whenever the maritime or commercial interests of the United States 
so require, the Saint Lawrence Seaway Development Corporation or their 
designated representative may direct the movement of any vessel 
anchored or moored within the anchorage area. The Coast Guard has 
ascertained the view of the Buffalo, New York District and Division 
Engineer, Corps of Engineers, U.S. Army, about the specific provisions 
of this proposed rule.

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 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.
    Executive Order 13771 directs agencies to control regulatory costs 
through a budgeting process. This NPRM has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget, and pursuant to OMB guidance it is exempt from the 
requirements of Executive Order 13771.
    We conclude that this proposed rule is not a significant regulatory 
action based on the location and size of the proposed anchorage 
grounds, as well as the historical automatic identification system 
(AIS) data. The impacts on routine navigation are expected to be 
minimal because the proposed anchorage grounds are located outside the 
navigational channel. When not occupied, vessels would be able to 
maneuver in, around and through the anchorage.

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

[[Page 4883]]

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.
    The number of small entities impacted and the extent of the impact, 
if any, is expected to be minimal. The anchorage area is not routinely 
transited by vessels heading to, or returning from, known fishing 
grounds. It is also not used by small entities, including small 
vessels, for anchoring due to the depth of water naturally present in 
the area.
    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 
section. 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 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 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.

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 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (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 the establishment of a permanent anchorage near Carleton 
Island, New York. Normally such actions are categorically excluded from 
further review under paragraph L59(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration 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 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.
    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, visit http://www.regulations.gov/privacyNotice.
    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 website'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 do not plan to hold a public meeting. You may submit a request 
for a public meeting by contacting Lieutenant Radcliffe under the 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid in this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

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.

0
2. Add Sec.  110.209 to read as follows:

[[Page 4884]]

Sec.  110.209  Saint Lawrence Seaway Anchorages, NY.

    (a) Carleton Island Anchorage; Saint Lawrence River, Cape Vincent, 
New York.
    (1) Carleton Island Anchorage Area. The waters bounded by a line 
connecting the following, beginning at 44[deg]11'57.11'' N, 
076[deg]14'04.62'' W; thence to 44[deg]11'21.80'' N, 076[deg]14'05.77'' 
W; thence to 44[deg]11'34.07'' N, 076[deg]15'49.57'' W; 
44[deg]11'35.35'' N, 076[deg]16'47.50'' W; 44[deg]11'43.49'' N, 
076[deg]16'48.00'' W; 44[deg]11'57.11'' N, 076[deg]14'04.62'' W and 
back to the beginning point. These coordinates are based on WGS 84.
    (2) Tibbett's Island Anchorage Area. The waters bounded by a line 
connecting the following points, beginning at 44[deg]05'20.27'' N, 
076[deg]23'25''78[deg] W; thence to 44[deg]05'21.85'' N, 
076[deg]22'40.97'' W; thence to 44[deg]04'34.08'' N, 076[deg]23'09.98'' 
W; 44[deg]04'07.72'' N; 076[deg]23'33.76'' W; 44[deg]04'32.78'' N, 
076[deg]24'43.80'' W; 44[deg]05'44.37'' N, 076[deg]23'56.29'' W; 
44[deg]05'20.27'' N, 076[deg]23' 25.78'' W and back to the beginning 
point. These coordinates are based on WGS 84.
    (b) The Regulations. (1) Anchors must not be placed in the Saint 
Lawrence Seaway shipping channel. No portion of the hull or rigging may 
extend outside the limits of the anchorage area.
    (2) No vessel may occupy any general anchorage described in 
paragraph (a) of this section for a period longer than 10 days unless 
approval is obtained from the Captain of the Port for that purpose.
    (3) The COTP, or authorized representative, may require vessels to 
depart from the Anchorages described above before the expiration of the 
authorized or maximum stay. The COTP, or authorized representative, 
will provide at least 12-hour notice to a vessel required to depart the 
anchorages.

    Dated: January 11, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-02114 Filed 2-1-18; 8:45 am]
 BILLING CODE 9110-04-P