[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30343-30345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13928]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing, 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.

DATES: This rule is effective July 30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1125 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 Lieutenant Jason Radcliffe, Ninth District, Waterways 
Operations, U.S. Coast Guard; telephone 216-902-6060, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AIS Automatic identification system
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is establishing 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. On February 2, 2018, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Saint Lawrence Seaway Anchorages (83 FR 4882). The NPRM discussed the 
need for the rule and invited the public to comment on the proposed 
regulatory action related to this Anchorage Grounds establishment. 
During the comment period that ended May 3, 2018, we received two 
comments. One comment was not relevant to the proposed rule and the 
other comment expressed support of the proposal.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule 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.
    The Coast Guard recognizes the need 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.

[[Page 30344]]

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published 
February 2, 2018. We made no changes to the regulatory text based on 
these comments, but we did clarify that our reference to the Captain of 
the Port was to the Captain of the Port Buffalo.
    This rule establishes two new anchorage areas to be known as 
Carleton Island Anchorage and Tibbetts Point Anchorage.
    The Carleton Island Anchorage will be located just northeast and 
adjacent to Carleton Island and Millen Bay. The boundaries of Carleton 
Island Anchorage are presented in the regulatory text at the end of 
this document. The anchorage will be approximately .75 square miles. 
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 rule no anchors would be allowed to be placed 
in the channel and no portion of the hull or rigging will be allowed to 
extend outside the limits of the anchorage area.
    The Tibbetts Point Anchorage will be located just west and adjacent 
to Tibbetts Point and Fuller Bay. The boundaries of Tibbett's Point 
Anchorage are presented in the regulatory text at the end of this 
document. The anchorage will be approximately 1.5 square miles. 
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 rule no anchors will be allowed to be placed in the 
channel and no portion of the hull or rigging will be allowed to extend 
outside the limits of the anchorage area.

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.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location and 
size of the anchorage grounds, as well as the historical automatic 
identification system (AIS) data. The impacts on routine navigation are 
expected to be minimal because the 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 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 the 
anchorage grounds 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.
    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.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 establishment of permanent anchorages near Carleton Island and 
Tibbetts Point, New York. It is 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 Record of Environmental

[[Page 30345]]

Consideration supporting this determination is 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. Add Sec.  110.209 to read as follows:


Sec.  110.209   Saint Lawrence Seaway Anchorages, New York.

    (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 points, 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'' 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 Buffalo (COTP) for 
that purpose.
    (3) The COTP, or authorized representative, may require vessels to 
depart from the Anchorages described in paragraph (a) of this section 
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: June 25, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-13928 Filed 6-27-18; 8:45 am]
 BILLING CODE 9110-04-P