[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Proposed Rules]
[Pages 60399-60400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29029]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD09-99-081]
RIN 2115-AA98
Special Anchorage Area: Henderson Harbor, NY
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to enlarge the existing special
anchorage area in Henderson Harbor, New York. This action is taken at
the request of the Town of Henderson harbormaster, and is intended to
make space available within the special anchorage area for additional
moorings.
DATES: Comments must be received on or before January 4, 2000.
ADDRESSES: Comments may be mailed to Commander (map-1), Marine Safety
Division, Ninth Coast Guard District, 1240 East Ninth Street,
Cleveland, Ohio 44199-2060. Commander (map-1) maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at Commander, Ninth Coast Guard
District, 1240 E. Ninth Street, Room 2069, Cleveland, Ohio 44199-2060,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Lynn Goldhammer, Marine
Safety Division, Ninth Coast Guard District, 1240 East Ninth Street,
Cleveland, Ohio 44199-2060, (216) 902-6050.
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 (CGD09-99-081) and the specific section of
this proposal to which each comment applies. Give the reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed envelope or postcard. Comments should
be submitted to the address under ADDRESSES.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing; however, persons may request a
public hearing by writing to Lieutenant Goldhammer at the address under
ADDRESSES. If 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.
Discussion of Proposed Rules
The proposed rule is in response to a request from the Town of
Henderson harbormaster to accommodate an increased number of vessels
mooring in this area and to offset the loss of available moorings in
the special anchorage area because of lower water levels in Lake
Ontario. The proposed rule would expand Area A of the existing special
anchorage near Henderson Harbor, New York, described in 33 CFR
110.87(a), to allow its use by additional boats. Vessels not more than
65 feet in length, when at anchor in any special anchorage, are not
required to carry or exhibit the white anchor lights required by
Navigation Rules. The proposed rule would provide additional moorings
in which vessel owners may enjoy the convenience of a special
anchorage. The existing anchorage, located near Graham Creek, is split
into two areas by a short fairway channel. The proposed change would
extend the eastern most length of the Area A anchorage by approximately
900 feet, increasing the length of the fairway channel by the same
distance.
The descriptions of Area A and Area B are being changed to latitude
and longitude position points in order to more accurately describe the
special anchorage area and for consistency with other established
special anchorage area descriptions. No other changes to the anchorage
area other than that described above for Area A are intended by this
change to latitude and longitude description.
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 proposal to be
so minimal that a full Regulatory Evaluation under paragraph 10(e) of
the regulatory policies and procedures of
[[Page 60400]]
DOT is unnecessary. No person will be required to spend any money in
order to comply with this regulation. The proposed regulation will
exempt persons operating in the expanded area from complying with the
more stringent vessel lighting regulations they would ordinarily be
obliged to follow.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed rule, if adopted, will
have a significant economic impact on a 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 people. For the reasons discussed in
the Regulatory Evaluation section above, the Coast Guard expects that
this proposed rule, if adopted, will not have any significant 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 your business or organization qualifies and in what way and
to what degree this proposed rule will economically affect it.
Collection of Information
This proposed rule contains no collection of information
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 13132 and has
determined that this proposed rule does not have implications for
federalism under that order.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concludes that under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
and may be obtained by contacting the Coast Guard office listed under
ADDRESSES in this proposed rule.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Proposed Regulation
For the reason set out in the preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
PART 110--[AMENDED]
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2071; 1221 through 1236, 2030, 2035,
2071, 49 CFR 1.46 and 33 CFR 1.05-1(g).
2. Section 110.87 is revised to read as follows:
Sec. 110.87 Henderson Harbor, N.Y.
(a) Area A. The area in the southern portion of Henderson Harbor
west of the Henderson Harbor Yacht Club bounded by a line beginning at
latitude 43 deg.51'08.8'' N, longitude 76 deg.12'08.9'' W, thence to
latitude 43 deg.51'09.0'' N, longitude 76 deg.12'19.0'' W, thence to
latitude 43 deg.51'23.8'' N, longitude 76 deg.12'19.0'' W, thence to
latitude 43 deg.51'33.4'' N, longitude 76 deg.12'09.6'' W, thence to
the point of beginning.
(b) Area B. The area in the southern portion of Henderson Harbor
north of Graham Creek Entrance Light bounded by a line beginning at
latitude 43 deg.51'21.8'' N, longitude 76 deg.11'58.2'' W, thence to
latitude 43 deg.51'21.7'' N, longitude 76 deg.12'05.5'' W, thence to
latitude 43 deg.51'33.4'' N, longitude 76 deg.12'06.2'' W, thence to
latitude 43 deg.51'33.6'' N, longitude 76 deg.12'00.8'' W, thence to
the point of beginning. All nautical positions are based on North
American Datum of 1983.
(c) Permission must be obtained from the Town of Henderson
Harbormaster before any vessel is moored or anchored in this special
anchorage area.
Dated: October 21, 1999.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 99-29029 Filed 11-4-99; 8:45 am]
BILLING CODE 4910-15-U
