[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Proposed Rules]
[Pages 17090-17096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06521]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2020-0620]


Anchorage Ground; Approaches to New York, Ambrose, Long Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Notification of inquiry; request for comments.

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SUMMARY: We are requesting public comments regarding the potential 
establishment of an anchorage ground in an area referred to by mariners 
as the ``Ambrose anchorage,'' which is an offshore area that has been 
used by ships awaiting inshore anchorages or berths. The area is 
located in the approaches to New York, approximately 3 nautical miles 
south of Long Beach, New York, and just north of the Nantucket to 
Ambrose Traffic Lane. The Coast Guard is considering formally 
establishing an anchorage ground at this location, possibly with 
regulations governing its use, if doing so will improve navigation 
safety and enhance safe and efficient flow of vessel traffic and 
commerce. We are seeking your comments on the benefits and impacts of 
establishing a regulated anchorage ground, and if so, what types of 
requirements we should consider for the Coast Guard oversight of the 
anchorage ground.

DATES: Your comments and related material must reach the Coast Guard on 
or before June 1, 2021. Commenters should be aware that the electronic 
Federal Docket Management System will not accept comments after 
midnight Eastern Daylight Time on the last day of the comment period. 
Although the Coast Guard prefers and highly encourages all comments and 
related material be submitted directly to the electronic docket, two 
virtual public meetings will be held via webinar and teleconference to 
provide an opportunity for oral comments regarding the possible 
establishment of an anchorage ground, often informally referred to as 
the ``Ambrose anchorage'' on Wednesday, April 21, 2021, beginning at 9 
a.m. EST, and on Tuesday, April 27, 2021, beginning at 5 p.m. EST.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0620 using the Federal portal at https://www.regulations.gov. See 
the ``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section for

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further instructions on submitting comments.
    The virtual public meeting on Wednesday, April 21, 2021, beginning 
at 9 a.m. EST, will be held via webinar and teleconference.
    The virtual public meeting on Tuesday, April 27, 2021, beginning at 
5 p.m. EST, will be held via webinar and teleconference.
    Access information for these virtual public meetings will be posted 
at https://homeport.uscg.mil/port-directory/new-york by Friday, April 
9, 2021 under the News and Events section.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notification of inquiry, call or email Mr. Craig Lapiejko, First Coast 
Guard District (dpw), U.S. Coast Guard; telephone (617) 223-8351, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
MTS Marine Transportation System
U.S.C. United States Code

II. Background and Purpose

    The Coast Guard is considering the establishment of an anchorage 
ground, informally referred to by mariners as the ``Ambrose 
anchorage,'' located in the approaches to New York, 3 nautical miles 
south of Long Beach, New York, and just north of the Nantucket to 
Ambrose Traffic Lane. Our authority to establish anchorage grounds is 
found in 33 U.S.C. 471. Under Title 33 Code of Federal Regulation (CFR) 
Sec.  1.05-1, U.S. Coast Guard District Commanders are delegated the 
authority to establish anchorage grounds by the Commandant of the U.S. 
Coast Guard.
    The Coast Guard plays a major role in the management of the 
nation's Marine Transportation System (MTS). The MTS is a complex 
system that includes ports, vessels, lock chambers, intermodal 
connections, marine terminals, and aids to navigation. The approaches 
to New York are a part of this system providing safe and predictable 
access to the critical ports of New York and New Jersey. The Coast 
Guard's role is to support access to navigable waterways for mariners, 
facilitate movement of commerce, and support environmental protection, 
all in a safe manner.
    Global trends are bringing newer classes of large ships to the 
ports of New York and New Jersey. A recently completed harbor deepening 
project increased the Federal project depth to 50 feet in New York 
Harbor to accommodate the next generation of commercial ships. Ships 
going to or from the ports of New York and New Jersey anchor in 
unregulated areas located in the approaches to New York north of the 
Nantucket to Ambrose Traffic Lane. Vessels may be anchoring in this 
area for a broad range of purposes including waiting for available 
space at berths or inshore anchorage grounds, waiting on inspection, 
taking on stores, transferring of personnel, or other activities. 
Regulated anchorage grounds are available within the port of New York 
and New Jersey. Regulations establishing these anchorage grounds and 
governing their use are set out in 33 CFR 110.155. These anchorage 
ground regulations were last revised in January 2015 to establish and 
modify anchorage grounds to support port demands and enhance navigation 
safety. See Final Rule published in the Federal Register on January 15, 
2015 (80 FR 2011).
    In 2016, the Coast Guard requested comments on its draft report of 
the Atlantic Coast Port Access Route Study (ACPARS) (81 FR 13307, March 
14, 2016) that analyzed the Atlantic Coast waters seaward of existing 
port approaches within the U.S. Exclusive Economic Zone, and announced 
the report as final in 2017 (82 FR 16510, April 5, 2017). This 
multiyear study began in 2011, included public participation, and 
identified key alongshore navigation routes customarily followed by 
ships engaged in commerce between U.S. ports from New York and New 
Jersey to the Florida Straits. See https://navcen.uscg.gov/?pageName=PARSReports.
    In 2020, the Coast Guard published an advance notice of proposed 
rulemaking (ANPRM) titled Shipping Safety Fairways Along the Atlantic 
Coast (85 FR 37034, June 19, 2020) seeking comments regarding the 
possible establishment of a system of shipping safety fairways 
(``fairways'') along the Atlantic Coast of the United States identified 
as navigation safety corridors in the ACPARS.
    Also in 2020, the Coast Guard published a notice of study 
announcing the Northern New York Bight Port Access Route Study 
(NNYBPARS) (85 FR 38907, June 29, 2020) to obtain comments regarding 
the adequacy of existing vessel routing measures and to determine 
whether additional vessel routing measures are necessary for port 
approaches to New York and New Jersey and other port approaches in the 
First Coast Guard District area of responsibility. During a 60-day 
comment period, five of the 24 comments submitted discussed or at least 
mentioned concerns about areas where vessels anchor within the study 
area. Some of these comments recommended the Coast Guard identify the 
customary areas that vessels anchor and federally designate them as 
anchorage grounds. One comment specifically described an area off Long 
Beach, New York believed to be used for anchoring commercial ships.
    Within recent years, members of the New York Harbor Safety, 
Navigation and Operations Committee have raised concerns of how 
potential wind energy leases or the routing of associated transmission 
cables might conflict with traditional unregulated anchorage grounds 
thereby preventing their continued use.
    Preliminary details describing the location of this contemplated 
anchorage ground are provided below. The anchorage ground dimensions 
would be approximately 5 nautical miles by 3 nautical miles and would 
encompass an area of approximately 15 square nautical miles. The 
anchorage ground would encompass all waters within the lines connecting 
the following points using coordinates based on North American Datum of 
1983 (NAD83).
    40 28' 24.430'' N, 073 39' 31.644'' W,
    40 29' 19.002'' N, 073 33' 16.321'' W,
    40 31' 06.599'' N, 073 36' 30.493'' W,
    40 31' 27.763'' N, 073 41' 42.667'' W,
    40 29' 14.949'' N, 073 40' 29.677'' W,
    40 29' 14.896'' N, 073 39' 31.361'' W, thence to point of origin.

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    Additional illustrations showing the location of this considered 
anchorage ground are available in the docket.

III. Information Requested

    Public participation will help the Coast Guard decide whether to 
formally establish the anchorage ground, often informally referred to 
as the ``Ambrose anchorage,'' located in the approaches to New York, 3 
nautical miles south of Long Beach, New York, and just north of the 
Nantucket to Ambrose Traffic Lane. The Coast Guard seeks public 
comments, positive or negative, regarding the benefits and impacts a 
regulated anchorage ground may have on navigational safety, continued 
growth of the Port of New York and New Jersey, offshore renewable 
energy and associated economic activity, and other activities in this 
offshore area. In the event the Coast Guard were to proceed with an 
anchorage ground in this location, it would follow normal notice and 
comment rulemaking processes in accordance with the Administrative 
Procedure Act, 5 U.S.C. 551 et seq.
    We are also specifically seeking comments on:
    1. Any alterations to the specific location, size or boundary lines 
of how we describe the considered Ambrose anchorage area.
    2. Should we establish a Federal anchorage ground, and if so, what 
regulations should we consider to manage it. This could include but is 
not limited to regulations governing capacity, size or type of vessel, 
usage, or duration vessels may remain at anchor.
    3. Additional information or concerns regarding the two inactive 
submarine communication cables that lay within the contemplated 
anchorage ground and how they would affect the ability to anchor 
safely.

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    4. Additional information, concerns, or possible solutions 
regarding the conflict this considered anchorage ground will have with 
the Long Island Fairway proposed in the ANPRM titled Shipping Safety 
Fairways Along the Atlantic Coast (85 FR 37034, June 19, 2020).
[GRAPHIC] [TIFF OMITTED] TP01AP21.004

IV. Public Participation and Request for Comments

    We encourage you to submit comments through the Federal portal at 
https://www.regulations.gov. If your material cannot be submitted using 
https://www.regulations.gov, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions. In your submission, please include the docket number for 
this notice of inquiry and provide a reason for each suggestion or 
recommendation.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this notice of inquiry as being available in 
the docket, and all public comments, will be in our online docket at 
https://www.regulations.gov and can be viewed by following that 
website's instructions.
    We plan to hold two virtual public meetings to receive oral 
comments on this notice. Again, as stated earlier, the Coast Guard 
prefers and highly encourages all comments and related material be 
submitted directly to the online public docket, but two virtual public 
meetings will be held via webinar and teleconference to provide an 
opportunity for oral comments regarding the possible establishment of 
an anchorage ground, often informally referred to as the ``Ambrose 
anchorage.'' If you want to provide a written version of your oral 
comments made at the virtual public meeting, you may submit them 
directly to Mr. Craig Lapiejko. These comments will be added to our 
online public docket. We recommend that you include your name and a 
mailing address, an email address, or a telephone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission. Attendance at the virtual public meeting is not 
required. We will provide a written summary of the oral comments 
received and will place that summary in the online public docket.
    The virtual public meeting on Wednesday, April 21, 2021, beginning 
at 9 a.m. EST, will be held via webinar and teleconference.

[[Page 17096]]

    The virtual public meeting on Tuesday, April 27, 2021, beginning at 
5 p.m. EST, will be held via webinar and teleconference.
    Access information for these virtual public meetings will be posted 
at https://homeport.uscg.mil/port-directory/new-york by Friday, April 
9, 2021 under the News and Events section.
    To view the comments and documents mentioned in this preamble as 
being available in the online public docket, go to http://www.regulations.gov, click on the ``read comments'' box, which will 
then become highlighted in blue. In the ``Keyword'' box insert ``USCG-
2020-0620'' and click ``Search.'' Click the ``Open Docket Folder'' in 
the ``Actions'' column.

V. Future Actions

    It is possible that this inquiry may conclude that no formal 
anchorage ground is necessary. It is also possible that this inquiry 
may conclude that a formal anchorage ground is needed to improve 
navigation safety and provide for the overall safe and efficient flow 
of vessel traffic and commerce which will lead to future rulemakings. 
If so, any substantive rulemaking effort associated with this project 
will follow Coast Guard public notice and comment rulemaking procedures 
to allow for public participation in the process and would require us 
by law, National Environmental Policy Act (NEPA), to undertake an 
assessment of the environmental effects of our proposed actions.

    Dated: March 22, 2021.
T.G. Allan Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2021-06521 Filed 3-31-21; 8:45 am]
BILLING CODE 9110-04-P