[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Proposed Rules]
[Pages 47837-47839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15652]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0132]
RIN 1625-AA01


Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing the advance notice of proposed 
rulemaking titled ``Anchorage Grounds, Hudson River; Yonkers, NY to 
Kingston, NY'' published in the Federal Register on June 9, 2016. After 
a review of comments, the Coast Guard suspended rulemaking action in 
2017 to allow for further study and analysis of the need, impact, and 
appropriateness of the requested anchorage grounds. Among other 
reasons, while examining whether there was a need for a proposed rule, 
section 8437 of the Elijah E. Cummings Coast Guard Authorization Act of 
2020 suspended the establishment of new anchorage grounds on the Hudson 
River between Yonkers, NY and Kingston, NY. Consequently, the Coast 
Guard currently lacks authority to establish new anchorages in this 
region. Accordingly, we have determined withdrawal of this advance 
notice of proposed rulemaking titled ``Anchorage Grounds, Hudson River; 
Yonkers, NY to Kingston, NY'' published in the Federal Register on June 
9, 2016, is appropriate at this time. The Coast Guard will continue to 
enforce current regulations and may undertake future rulemaking actions 
as required and authorized to protect the waterway, the users of the 
waterway, and the marine transportation system.

DATES: The advance notice of proposed rulemaking published on June 9, 
2016 (81 FR 37168) and the comment period extended on September 7, 
2016, (81 FR 61639) are withdrawn as of July 25, 2023.

ADDRESSES: The docket for the withdrawn advance notice of proposed 
rulemaking is available at the Federal eRulemaking Portal at https://www.regulations.gov. Please search for docket number USCG-2016-0132.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, call or email Mr. Craig Lapiejko, First Coast Guard District 
(dpw), U.S. Coast Guard: telephone 617-603-8592, email 
[email protected].

[[Page 47838]]


SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

ANPRM Advance Notice of Proposed Rulemaking
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MSIB Marine Safety Information Bulletin
NY New York
PANYNJ Port Authority of New York and New Jersey
PAWSA Ports and Waterways Safety Assessment
Sec.  Section
U.S.C. United States Code

II. Background

    The Hudson River historically has been and will remain a vital 
corridor for maritime commerce. The river also serves as a source of 
drinking water, recreation, tourism, and economic prosperity. The Coast 
Guard's role includes promoting navigational safety and protecting the 
environment. These are complementary objectives, as safer navigation 
inherently improves environmental protection. It is for these 
stewardship reasons that we published an Advance Notice of Proposed 
Rulemaking (ANPRM) in June 2016 to better understand the need for and 
potential locations of anchorages that could help improve navigation 
safety and environmental protection. In examining whether there is a 
need for a proposed rule, we selected the ANPRM from many possible 
tools because it provided public participation at the earliest possible 
opportunity.
    The Coast Guard published two documents related to the 2016 ANPRM. 
On June 9, 2016, the Coast Guard published the ANPRM itself, titled 
``Anchorage Grounds, Hudson River; Yonkers, NY to Kingston, NY'' in the 
Federal Register and then extended the comment period on September 7, 
2016 (81 FR 61639). Again, the intent of the ANPRM was to initiate the 
early stage of a methodical and public rulemaking process to learn all 
possible navigational, environmental, terrestrial, and other effects of 
adding anchorages on the Hudson River. Establishing new anchorage 
grounds in the Hudson River from Yonkers, NY, to Kingston, NY, were 
being contemplated after we received a request suggesting that 
anchorage grounds may improve navigational safety along an extended 
portion of the Hudson River.
    When the ANPRM comment period closed on December 6, 2016, the Coast 
Guard had received 10,212 public submissions with comments on the 
subject from many diverse stakeholders. A memorandum summarizing the 
comments is included in this docket.
    After a review of the comments, the Coast Guard suspended future 
rulemaking decisions and directed a formal risk identification and 
evaluation of the Hudson River, known as a Ports and Waterways Safety 
Assessment (PAWSA). The results of this assessment process identifying 
major waterway safety hazards, estimated risk levels, existing risk 
mitigations, additional risk intervention strategies, and participant 
comments and observations are outlined in the report. The 2017 Hudson 
River PAWSA report is included in this docket.
    As recommended by the 2017 Hudson River PAWSA, and responding to 
other requests, to provide clarity on the term ``Port of New York'' we 
studied its usage within federal anchorage regulations, as well as its 
current and historic usage by the agencies charged with administering 
those regulations. At the time Coast Guard Sector New York released 
Marine Safety Information Bulletin (MSIB)--(2015-014), which can be 
found in this docket, the ``Port of New York'' was viewed as synonymous 
with ``Sector New York Captain of the Port Zone,'' so the anchoring 
prohibition within the ``Port of New York'' was seen as applicable on 
the Hudson River to Albany, NY. We have now determined, based on 
historical research, that the term ``Port of New York'' encompasses the 
navigable waters within approximately a 25-mile radius from the Statue 
of the Liberty. Which is to say, the ``Port of New York'' only extends 
up the Hudson River to just south of the Governor Mario M. Cuomo Bridge 
and not the entire Hudson River to Albany, NY. The specific boundary 
points for the ``Port of New York'' are the same as the ``Port of New 
York District'' created by a 1921 inter-state compact between New York 
and New Jersey and now referred to as the ``Port of New York and New 
Jersey''. Consequently, mariners operating outside the Port of New York 
are not subject to the anchoring prohibition cited in 33 CFR 
110.155(l)(2), and must comply with the Inland Navigation Rules, which 
are codified in 33 CFR part 83, when anchoring in the Hudson River. The 
complete ``Port of New York'' report detailing the Coast Guards 
historical research supporting this determination is included in this 
docket.
    A provision related to the Hudson River was included in the Elijah 
E. Cummings Coast Guard Authorization Act of 2020, which is included in 
the National Defense Authorization Act for Fiscal Year 2021.\1\ In 
section 8437, Congress suspended the establishment of new anchorage 
grounds on the Hudson River between Yonkers, NY and Kingston, NY. 
Consequently, the Coast Guard has no legal authority to establish any 
new anchorages in this region without a change to current legislation.
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    \1\ Public Law 116-283; JAN. 1, 2021; 134 STAT. 3388, 4633. Sec. 
8437 may be found at 134 Stat. 4736.
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    Additionally, section 8437(d), directed the Coast Guard, in 
consultation with the Hudson River Safety, Navigation, and Operations 
Committee (HRSNOC), to conduct a study of the Hudson River north of 
Tarrytown, New York. This study was to examine--(1) the nature of 
vessel traffic including vessel types, sizes, cargoes, and frequency of 
transits; (2) the risks and benefits of historic practices for 
commercial vessels anchoring; and (3) the risks and benefits of 
establishing anchorage grounds on the Hudson River. The Coast Guard's 
report submitted to Congress on February 28, 2023, containing the 
findings, conclusions, and recommendations titled ``Establishing 
Anchorage Grounds on the Hudson River'' is available in this docket.

III. Withdrawal

    The Coast Guard is withdrawing the ANPRM published on June 9, 2016. 
As discussed in the background section above, after reviewing the 
10,212 comments provided during the 2016 ANPRM, after considering the 
results of the 2017 Hudson River PAWSA, after our research of the 
regulatory history of the Port of New York, after Congress suspended 
our legal authority to establish any new anchorage grounds in this 
region, and after conducting a study and providing a report to 
Congress, we no longer are considering creating 10 new anchorage 
grounds on the Hudson River from Yonkers, NY, to Kingston, NY.
    The Coast Guard's role on the river will continue to include 
promoting navigational safety and protecting the environment. These are 
complementary objectives, as safer navigation inherently improves 
environmental protection. We will also continue to monitor the river 
and identify any regulatory gaps that allow unacceptable risk to the 
environment, the marine transportation system, or the users of the 
waterway. If regulatory gaps are identified, the Coast Guard is 
committed to engaging in an open, public process that allows all 
stakeholders to educate the agency and assist in developing the best 
regulatory solution possible.

[[Page 47839]]

    As of publication of this notice, the ANPRM entitled ``Anchorage 
Grounds, Hudson River; Yonkers, NY to Kingston, NY'' published in the 
Federal Register on June 9, 2016, will be withdrawn.
    This document is issued under authority of 5 U.S.C. 552(a).

    Dated: July 13, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-15652 Filed 7-24-23; 8:45 am]
BILLING CODE 9110-04-P