[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Proposed Rules]
[Pages 15322-15324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7838]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD01-97-086]
Anchorage Grounds: Hudson River, Hyde Park, NY
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a change to proposed Anchorage 19-A
in the Hudson River near Hyde Park, NY. This supplemental proposal is
the result of comments received on the Notice of Proposed rulemaking.
This proposal restricts vessels less than 20 meters in length from
using Anchorage Ground 19-A without prior approval from the Captain of
the Port, New York.
DATES: Comments must reach the Coast Guard on or before June 1, 1999.
ADDRESSES: Comments may be mailed to the Waterways Ovesight 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
thorugh Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant J. Lopez, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4193.
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 (CGD01-97-086) 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
[[Page 15323]]
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.
Regulatory History
On July 20, 1998, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Anchorage Grounds; Hudson River, Hyde Park,
NY in the Federal Register (63 FR 37297). The Coast Guard received two
letters commenting on the proposed rulemaking. No public hearing was
requested, and none was held.
Background and Purpose
The Hudson River Pilots Association requested that the Coast Guard
establish a federal anchorage ground in the Hudson River near Hyde
Park, New York. The closest anchorage to the requested anchorage 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' 00''W.
NE corner 41 deg. 48' 35''N 073 deg. 56' 44''W.
SE corner 41 deg. 47' 32''N 073 deg. 56' 50''W.
SW corner 41 deg. 47' 32''N 073 deg. 57' 10''W. (NAD 1983)
The Coast Guard received two letters commenting on the proposed
rule. Comments received prompted the Coast Guard to reevaluate the
proposal.
One comment recommended that a minimum size of 65 feet in length be
established for vessels authorized to use the anchorage because the
smaller vessels would be less visible at anchor, even if they displayed
the required lights or day shapes, and pose a potential hazard to
mariners. The comment noted that the entire anchorage area. including
the area outside the designated navigation channel, is routinely
transited by vessels of various sizes and that the Special Anchorage
Area at Hyde Park, NY, (33 CFR 110.60(p-3)) is available for use by
vessels less than 65 feet in length. This Special Anchorage Area at
Hyde Park, NY that the comment referred to was disestablished on June
1, 1998 (63 FR 23663). However, in response to these safety concerns,
the Coast Guard re-evaluated the proposed rule. Upon further analysis,
the Coast Guard also believes that safety concerns warrant a minimum
vessel length restriction. The safety concerns stem from the high
number of vessels that transit the area of the proposed anchorage and
from background lighting on shore that will interfere with smaller
vessel's anchorage lights. The Coast Guard is now proposing additional
regulations to restrict vessels less than 20 meters in length from
using this anchorage ground without prior approval from the Captain of
the Port, New York. The Coast Guard believes this proposed restriction
is reasonable given the noted safety concerns and that there are over
75 transient berths at 8 marinas within approximately 15 nautical miles
of this anchorage ground for use by vessels less than 20 meters in
length. Additionally, the Coast Guard is aware that transient vessels
anchor to the east of Esopus Island in order to use the island as a
breakwater to block the wake action caused by commercial shipping
transiting the Hudson River. This protected area may be easily used by
vessels less than 20 meters in length as an alternative to Anchorage
19-A because Esopus Island is approximately 500 yards north of
Anchorage 19-A.
The comment also stated the anchorage ground is in a ``No Discharge
Zone'', designated by the United States Environmental Protection
Agency, and the discharge of waste from any marine sanitation device on
board a vessel is prohibited. The Coast Guard agrees. However, the
Coast Guard considers this to be purely informational and it does not
need to be further addressed in this regulation.
Finally, the comment noted that masters of vessels at anchor in
this anchorage ground should be aware that a Water Transportation
Permit under Article 15 of the New York State Environmental
Conservation Law is required for taking on water for ballast or any
other uses within the waters of the State of New York. The information
regarding Water Transportation Permits is not being addressed in this
regulation as it already applies to all waters of New York State.
The second comment received in response to the NPRM agreed with the
Coast Guard's determination that establishment of this anchorage ground
is consistent with New York's Coastal Zone Management Plan. No changes
to the proposed rule were suggested.
Discussion of Proposed Rule
The Coast Guard proposes to change the regulations governing
proposed Anchorage Ground 19-A. Safety concerns regarding the size of
vessels authorized to use the proposed anchorage ground were raised by
one of the comments to the NPRM. The Coast Guard, after further
analyzing the safety concerns associated with proposed Anchorage Ground
19-A, is proposing additional regulations to restrict vessels less than
20 meters in length from using this anchorage ground without prior
approval 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 10e of the regulatory policies and
procedures of DOT is unnecessary. This finding is based on the
following reasons: due to icing of the river in winter months, the
anchorage will be seasonal in nature, recreational traffic can still
traverse the anchorage when necessary, there are over 75 transient
berths at 8 marinas within approximately 15 nautical miles of this
anchorage ground for vessels less than 20 meters in length to tie up
in, and the anchorage ground permits unobstructed navigation in the
western 350 yards of the Hudson River.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this proposed rule 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.
For reasons discussed in the Regulatory Evaluation above, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this proposed rule will not have a
significant impact on a substantial number of small entities.
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 proposed 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
[[Page 15324]]
the preparation of a Federalism Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected. No state, local, or tribal
government entities will be effected by this rule, so this rule will
not result in annual or aggregate costs of $100 million or more.
Therefore, the Coast Guard is exempt from any further regulatory
requirements under the Unfunded Mandates Act.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that under paragraph 2-1, paragraph 34(f),
of Commandant Instruction M16475.1C, this proposed rule is
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR 110
Anchorage grounds.
Regulation
For the reasons discussed 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, 1221 through 1236, 2030, 2035, 2071;
49 CFR 1.46 and 33 CFR 1.05-1(g).
2. 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 starting 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 (NAD 1983).
(i) No vessel may anchor in Anchorage 19-A form December 16 to the
last day of February without permission from the Captain of the Port,
New York.
(ii) No vessel less than 20 meters in length may anchor in
Anchorage 19-A without prior approval of the Captain of the Port, New
York.
* * * * *
Dated: March 22, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 99-7838 Filed 3-30-99; 8:45 am]
BILLING CODE 4910-15-M
