Anchorage regulations: New York,
[Federal Register: July 10, 1998 (Volume 63, Number 132)]
[Proposed Rules]
[Page 37297-37299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy98-18]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD 97-086]
RIN 2115-AA98
Anchorage Grounds; Hudson River, Hyde Park, NY
AGENCY: Coast Guard, DOT.
[[Page 37298]]
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to establish an anchorage ground in the Hudson River near Hyde Park, NY. This action is necessary to provide an anchorage ground on the Hudson River for vessels awaiting favorable tides and/or daylight for passage to facilities north of New York. This action is intended to increase safety for vessels transiting the Hudson River by providing an anchorage ground away from congested traffic lanes used in New York Harbor.
DATES: Comments must reach the Coast Guard on or before October 8, 1998.
ADDRESSES: You may mail comments to the Waterways Oversight Branch (CGD01-97-086), Coast Guard Activities New York, 212 Coast Guard Drive, Staten Island, New York 10305, or deliver them to room 205 at the same address between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
The Waterways Oversight Branch of Coast Guard Activities New York maintains the public docket for this rulemaking. Comments, and documents as indicated in this preamble, will become part of this docket and will be available for inspection or copying at room 205, Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Alma Kenneally, Waterways Oversight Branch, Coast Guard Activities New York (718) 354-4195.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should include their names and addresses, identify this rulemaking (CGD 01-97-086) and the specific section of this document to which each comment applies, and give the reason for each comment. Please submit two copies of all comments and attachments in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. Persons wanting acknowledgment of receipt of comments should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the comment period. It may change this proposed rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public hearing by writing to the Waterways Oversight Branch at the Address under ADDRESSES. The request should include the reasons why a hearing would be beneficial. If it determines that the opportunity for oral presentations will aid this rulemaking, the Coast Guard will hold a public hearing at a time and place announced by a later notice in the Federal Register.
Background and Purpose
The Hudson River Pilots Association has requested that the Coast Guard establish a federal anchorage ground in the Hudson River near Hyde Park, New York. The closest anchorage to this area is down river to anchorage number 17, the northern boundary of which lies between the Yonkers municipal pier and the pilot station just to the north. The area that the Pilots Association has suggested for consideration is bound by the following coordinates:
NW corner 41 deg. 48' 35'' N 073 deg. 57' 00W'' NE corner 41 deg. 48' 35'' N 073 deg. 56' 44W'' SE corner 41 deg. 47' 32'' N 073 deg. 56' 50W'' SW corner 41 deg. 47' 32'' N 073 deg. 57' 10W''
Discussion of Proposed Rule
The proposed anchorage would be valuable to vessels awaiting favorable tides and/or daylight for passage to Albany and other upper river ports. Additionally, the new anchorage could relieve some of the overcrowding in the existing New York Harbor anchorages, thus increasing vessel safety. This new anchorage will only be authorized for use from March 1 through December 15 each year. This is due to ice conditions in the river. No vessel may anchor in Anchorage 19-A from December 16 to the last day of February without permission from the Captain of the Port New York.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under paragraph 10(e) of the regulatory policies and procedures of DOT is unnecessary. The effect of this regulation would not be significant for the following reasons: due to icing of the river in winter months, the anchorage would be seasonal in nature, recreational traffic could still traverse the anchorage when necessary, and the proposed anchorage would still permit unobstructed navigation of the Hudson in that area on the western side.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considers whether this proposed rule, if adopted, will have a significant economic impact on the substantial number of small entities. ``Small entities'' include 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.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if adopted, will not have a significant economic impact on a substantial number of small entities. If, however, you think that your business or organization qualifies as a small entity and that this proposed rule will have a significant economic impact on your business or organization, please submit a comment (see ADDRESSES) explaining why you think it qualifies and in what way and to what degree this proposed rule will economically affect it.
Collection of Information
This proposed rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this propose rule under the principles and criteria contained in Executive Order 12612 and has determined that this proposed rule does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this proposed rule and concluded that under Figure 2-1, paragraph 34(f), of Commandant Instruction M16475.1C, this proposed rule is categorically excluded form further environmental documentation. Figure 2-1, paragraph 34(f) only requires an environmental checklist and a ``Categorical Exclusion Determination'' for regulations establishing anchorage grounds. A Categorical Exclusion Determination is available in the docket for inspection or copying where indicated under ADDRESSES.
[[Page 37299]]
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Proposed Regulations
For reasons set out in the preamble, the Coast Guard proposed to amend 33 CFR Part 110 as follows:
PART 110--[AMENDED]
-
The authority citation for Part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).
-
In Sec. 110.155, add paragraph (c)(6) to read as follows:
Sec. 110.155 Port of New York.
* * * * *
(c) * * *
(6) Anchorage No. 19-A. An area located west of Hyde Park enclosed by the coordinates staring at 41 deg.48'35'' N, 073 deg.57'00'' W; to 41 deg.48'35'' N, 073 deg.56'44'' W; to 41 deg.47'32'' N, 073 deg.56'50'' W; to 41 deg.47'32'' N, 073 deg.57'10'' W; thence back to 41 deg.48'35'' N, 073 deg.57'00'' W.
(i) No vessel may anchor in Anchorage 19-A from December 16 to the last day of February without permission from the Captain of the Port, New York
(ii) [Reserved] * * * * *
Dated: June 3, 1998. James D. Garrison, Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 98-18396Filed7-9-98; 8:45 am]
BILLING CODE 4910-15-M
