80_FR_73919 80 FR 73692 - Anchorage Regulations; Port of New York

80 FR 73692 - Anchorage Regulations; Port of New York

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73692-73694
FR Document2015-30056

The Coast Guard proposes to disestablish 13 anchorage grounds and 1 special anchorage area that are now obsolete in Newark Bay, the East River, Western Long Island Sound, Raritan Bay, and Lower New York Bay. It also proposes to reduce the size of three anchorage grounds in Raritan, Sandy Hook, and Lower New York Bays. This proposed rulemaking is necessary due to the increased size and draft of current commercial vessels operating in the Captain of the Port New York zone, as the existing anchorages have insufficient water depths to accommodate these vessels; the exposure of these anchorages to winds, tides, and currents; and changes in recreational vessel usage patterns in Newark Bay. This proposed rulemaking would provide a higher degree of vessel and environmental safety by reducing the risk of vessels grounding in shallow water, and accurately reflect the anchorages currently in use.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73692-73694]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30056]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2015-0038]
RIN 1625-AA01


Anchorage Regulations; Port of New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to disestablish 13 anchorage grounds 
and 1 special anchorage area that are now obsolete in Newark Bay, the 
East River, Western Long Island Sound, Raritan Bay, and Lower New York 
Bay. It also proposes to reduce the size of three anchorage grounds in 
Raritan, Sandy Hook, and Lower New York Bays. This proposed rulemaking 
is necessary due to the increased size and draft of current commercial 
vessels operating in the Captain of the Port New York zone, as the 
existing anchorages have insufficient water depths to accommodate these 
vessels; the exposure of these anchorages to winds, tides, and 
currents; and changes in recreational vessel usage patterns in Newark 
Bay. This proposed rulemaking would provide a higher degree of vessel 
and environmental safety by reducing the risk of vessels grounding in 
shallow water, and accurately reflect the anchorages currently in use.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 25, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0038 using the following Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
of proposed rulemaking, contact Mr. Craig Lapiejko, Waterways 
Management at Coast Guard First District, telephone 617-223-8351, email 
craig.d.lapiejko@uscg.mil or Mr. Jeff Yunker, Coast Guard Sector New 
York Waterways Management Division, U.S. Coast Guard; telephone 718-
354-4195, email jeff.m.yunker@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
SAA Special Anchorage Area
USACE United States Army Corps of Engineers
USCP United States Coast Pilot
WAMS Waterways Analysis and Management System

II. Background, Purpose, and Legal Basis

    Anchorage grounds were originally established by the (USACE) on 
April 25, 1907, pursuant to an Act of Congress approved May 16, 1888. 
This information was published in the 1909 (USCP) Atlantic Coast, Part 
IV, From Point Judith to New York, Fifth Edition. Anchorage regulation 
duties and powers were transferred to the Coast Guard in 1967 (32 FR 
17726, Dec. 12, 1967)
    The special anchorage areas (SAAs) were originally established by 
the USACE and first published in the USCP in 1960. The USCP is a series 
of nine nautical books published by the National Oceanic and 
Atmospheric Administration (NOAA) that encompasses a wide variety of 
information important to navigators of U.S. waters. The USCP is 
intended to be used as a supplement to NOAA nautical charts. Topics 
covered include anchorage grounds, SAAs, and specific anchoring 
regulations governing their usage.
    The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236, 
2071; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to define 
anchorage grounds and special anchorage areas.
    The specific reasons for this rulemaking are to disestablish 13 
anchorage grounds and 1 SAA that are now obsolete and reduce the size 
of three anchorage grounds that are no longer used by commercial or 
recreational mariners. The intended purpose of this rulemaking is to 
reduce the risk of vessels grounding in shallow water and accurately 
reflect the anchorages currently in use. The USACE New York District 
was consulted on this regulation and had no objections.

III. Discussion of Proposed Rule

    This proposed rule would disestablish five obsolete anchorage 
grounds in Newark Bay described in 33 CFR 110.155(h)(1) and (h)(3) 
through (6). During our 2012 WAMS review of Newark Bay, we announced in 
First Coast Guard District Local Notice to Mariners that we were 
considering disestablishing anchorage ground numbers 34, 36, 37, 38, 
and 39. We received one comment that these anchorage grounds should be 
retained and dredged to a depth of not less than 12 feet at mean low 
water so vessels could anchor within their boundaries. These anchorage 
grounds are not a federal project under the jurisdiction of the USACE 
and thus will not be dredged to a depth that is usable by most 
commercial vessels.
    During this 2012 WAMS we also sought comment on the proposed 
disestablishment of the Newark Bay Southeast and Newark Bay Southwest 
SAAs described in 33 CFR 110.60(d)(1) and (2). We received no comments 
that these SAAs are used or that they should be retained. These 
proposed revisions were advertised to the public in the First Coast 
Guard District Local Notice to Mariners number 50 in 2011 (dated 
December 14, 2011) through number 24 in 2012 (dated June 13, 2012). 
During a 2014 site visit to the Robbins Reef Yacht Club in Bayonne, NJ, 
the Coast Guard was notified by a club member that the Newark Bay 
Southeast SAA is still in use. Based on those comments we are no longer 
considering disestablishing the Newark Bay Southeast SAA. We are, 
however, proposing to disestablish the Newark Bay Southwest SAA, Sec.  
110.60(d)(2).
    This proposed rule would disestablish seven obsolete anchorage 
grounds in Western Long Island Sound and the East River described in 33 
CFR 110.155(a)(2) through (7), and (b)(2). During our 2013 WAMS review 
of New Rochelle Harbor, Manhasset and Little Neck Bays we announced in 
the First Coast Guard District Local Notice to Mariners that we were 
considering disestablishing anchorage ground numbers 1-A, 1-B, 2, 3, 4, 
5, and 7. We received no comments that these anchorage grounds are 
being used or that they should be retained. These proposed revisions 
were advertised to the public in the First Coast Guard District Local 
Notice to Mariners number 48 in 2012 (dated November 28, 2012) through 
number 25 in 2013 (dated June 19, 2013).

[[Page 73693]]

    This proposed rule would also disestablish obsolete anchorage 
ground number 46 in Raritan Bay described in 33 CFR 110.155(j)(4). 
Additionally, this proposed rule would reduce the size of anchorage 
ground number 28 described in 33 CFR 110.155(f)(3) and anchorage ground 
number 47 described in 33 CFR 110.155(j)(5) in Raritan and Lower New 
York Bays. Portions of these two reduced anchorage grounds would be 
incorporated into revised anchorage grounds, number 26, which would 
also be reduced in size, described in 33 CFR 110.155(f)(1), and revised 
anchorage ground, number 28, in Raritan and Lower New York Bays 
described in 33 CFR 110.155(f)(3). The existing anchorage ground 
numbers 26, 28, 46, and 47 cover approximately 59.307 square nautical 
miles. The proposed revised anchorage ground numbers 26 and 28 would 
cover approximately 7.877 square nautical miles. In addition, this 
proposed rule would update the coordinates to 1983 datum for Anchorage 
Ground number 27 in the Atlantic Ocean described in 33 CFR 
110.155(f)(2).
    This rulemaking would also remove regulations regarding navigation 
and mooring in the vicinity of the Naval Ammunition Depot Pier at 
Leonardo, NJ, in existing 33 CFR 110.155(f)(1)(i) and (ii) because 
these requirements are already codified at 33 CFR 165.130. During our 
2014 WAMS review of Raritan Bay, we announced in the First Coast Guard 
District Local Notice to Mariners we considering disestablishing 
anchorage ground numbers 46 and 47. We received no comments that these 
anchorage grounds are being used or that they should be retained in 
their current configurations. These proposed revisions were advertised 
to the public in the First Coast Guard District Local Notice to 
Mariners number 07 in 2014 (dated February 19, 2014) through number 26 
in 2014 (dated July 2, 2014).

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

A. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. We do not expect this 
proposed rule to have a significant impact because it is administrative 
in nature and would not alter current navigational practices on the 
affected waterways.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor within these portions of Newark Bay; the 
East River near Little Bay; Western Long Island Sound between Throgs 
Neck, Sands Point, and Larchmont Harbor; and Raritan and Lower New York 
Bays.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons: this 
rule would only codify current navigation practices on the affected 
waterways. Neither the proposed disestablishment of anchorage grounds 
nor the size reductions would affect vessels' schedules or their 
abilities to freely transit near these areas within the Captain of the 
Port New York zone. The water available in the anchorage grounds to be 
disestablished is too shallow for most commercial vessels to anchor 
within and the anchorage grounds in western Long Island Sound and East 
River are currently unusable as they are exposed to weather, tides, and 
currents that do not provide a safe anchorage.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland

[[Page 73694]]

Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves disestablishing 13 obsolete anchorage grounds and 1 obsolete 
SAA, and reducing the size of two anchorage grounds and combining them 
into one smaller anchorage ground. This rule may be categorically 
excluded from further review under paragraph 34(f) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this document, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.


Sec.  110.60  [Amended]

0
2. In Sec.  110.60:
0
a. Remove paragraph (d)(2) and redesignate paragraphs (d)(3) through 
(10) as paragraphs (d)(2) through (9), respectively.
0
b. Amend the note to newly redesignated paragraph (d)(2) by removing 
``paragraph (d)(3)'' and adding ``paragraph (d)(2)'' in its place.
0
3. In Sec.  110.155:
0
a. Remove and reserve paragraph (a)(2) and remove paragraphs (a)(3) 
through (7);
0
b. Remove and reserve paragraph (b)(2);
0
c. Revise paragraph (f);
0
d. Remove and reserve paragraph (h);
0
e. Revise paragraph (j)(2); and
0
f. Remove paragraphs (j)(3) through (5).
    The revisions read as follows:


Sec.  110.155  Port of New York.

* * * * *
    (f) Lower Bay, Raritan Bay, Sandy Hook Bay, and Atlantic Ocean--(1) 
Anchorage No. 26. In Raritan and Sandy Hook Bays all waters bound by 
the following points: 40[deg]30'06.74'' N., 074[deg]10'04.96'' W.; 
thence to 40[deg]28'59.44'' N., 074[deg]05'00.00'' W.; thence to 
40[deg]28'44.94'' N., 074[deg]05'00.00'' W.; thence to 
40[deg]29'05.02'' N., 074[deg]07'30.56'' W.; thence to 
40[deg]29'17.49'' N., 074[deg]10'16.50'' W.; thence to the point of 
origin (NAD 83).
    (2) Anchorage No. 27. In the Atlantic Ocean all waters bound by the 
following points: 40[deg]28'49.27'' N., 074[deg]00'12.13'' W.; thence 
to 40[deg]28'52.12'' N., 074[deg]00'00.56'' W.; thence to 
40[deg]28'40.88'' N., 073[deg]58'51.95'' W.; thence to 
40[deg]25'57.91'' N., 073[deg]54'55.56'' W.; thence to 
40[deg]23'45.55'' N., 073[deg]54'54.89'' W.; thence to 
40[deg]23'45.38'' N., 073[deg]58'32.10'' W.; thence along the shoreline 
to the point of origin (NAD 83).
    (3) Anchorage No. 28. In Lower Bay all waters bound by the 
following points: 40[deg]30'02.30'' N., 074[deg]08'52.69'' W.; thence 
to 40[deg]29'10.10'' N., 074[deg]04'59.65'' W.; thence to 
40[deg]29'09.99'' N., 074[deg]02'57.75'' W.; thence to 
40[deg]31'52.89'' N., 074[deg]02'39.89'' W.; thence to 
40[deg]31'59.72'' N., 074[deg]03'25.13'' W.; thence to 
40[deg]31'28.57'' N., 074[deg]03'40.70'' W.; thence to 
40[deg]30'26.24'' N., 074[deg]05'11.46'' W.; thence to 
40[deg]30'19.01'' N., 074[deg]06'21.37'' W.; thence to 
40[deg]30'21.53'' N., 074[deg]08'46.19'' W.; thence to the point of 
origin (NAD 83).
* * * * *
    (j) * * *
    (2) Anchorage No. 45. West of the Raritan Bay Channel leading into 
Arthur Kill; north of the Raritan River Channel leading into Raritan 
River; and east of the Cutoff Channel between Raritan River and Arthur 
Kill, except that part of the said area occupied by Anchorage No. 44.
    (i) Vessels must not anchor in the channel to Keyport Harbor west 
of lines ranging from Keyport Channel Buoy 1 to Keyport Channel Buoy 9, 
thence through Keyport Channel Buoys 11 and 13 to the northeast corner 
of the easterly steamboat wharf; and east of a line extending from a 
point 400 yards west of Keyport Channel Buoy 1 tangent to the west 
shore at the mouth of Matawan Creek.
    (ii) [Reserved]
* * * * *

    Dated: October 14, 2015.
K.C. Keifer,
Captain, U.S. Coast Guard, Acting Commander First Coast Guard District.
[FR Doc. 2015-30056 Filed 11-24-15; 8:45 am]
BILLING CODE 9110-04-P



                                                  73692             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules

                                                  This area is principally for use by                     further instructions on submitting                    anchorages currently in use. The
                                                  recreational craft. Temporary floats or buoys           comments.                                             USACE New York District was
                                                  for marking anchors or moorings in place are                                                                  consulted on this regulation and had no
                                                  allowed in this area. Fixed mooring piles or            FOR FURTHER INFORMATION CONTACT:    If
                                                                                                          you have questions on this notice of                  objections.
                                                  stakes are not allowed. All moorings or
                                                  anchors shall be placed well within the                 proposed rulemaking, contact Mr. Craig                III. Discussion of Proposed Rule
                                                  anchorage areas so that no portion of the hull          Lapiejko, Waterways Management at                        This proposed rule would disestablish
                                                  or rigging will at any time extend outside of           Coast Guard First District, telephone
                                                  the anchorage.                                                                                                five obsolete anchorage grounds in
                                                                                                          617–223–8351, email craig.d.lapiejko@                 Newark Bay described in 33 CFR
                                                                                                          uscg.mil or Mr. Jeff Yunker, Coast Guard              110.155(h)(1) and (h)(3) through (6).
                                                    Dated: November 4, 2015.
                                                                                                          Sector New York Waterways                             During our 2012 WAMS review of
                                                  K.C. Kiefer,
                                                                                                          Management Division, U.S. Coast                       Newark Bay, we announced in First
                                                  Captain, U.S. Coast Guard, Acting                       Guard; telephone 718–354–4195, email
                                                  Commander First Coast Guard District.                                                                         Coast Guard District Local Notice to
                                                                                                          jeff.m.yunker@uscg.mil.                               Mariners that we were considering
                                                  [FR Doc. 2015–30011 Filed 11–24–15; 8:45 am]
                                                                                                          SUPPLEMENTARY INFORMATION:                            disestablishing anchorage ground
                                                  BILLING CODE 9110–04–P
                                                                                                          I. Table of Acronyms                                  numbers 34, 36, 37, 38, and 39. We
                                                                                                                                                                received one comment that these
                                                                                                          DHS Department of Homeland Security                   anchorage grounds should be retained
                                                  DEPARTMENT OF HOMELAND                                  FR Federal Register
                                                  SECURITY                                                                                                      and dredged to a depth of not less than
                                                                                                          SAA Special Anchorage Area
                                                                                                          USACE United States Army Corps of                     12 feet at mean low water so vessels
                                                  Coast Guard                                               Engineers                                           could anchor within their boundaries.
                                                                                                          USCP United States Coast Pilot                        These anchorage grounds are not a
                                                  33 CFR Part 110                                         WAMS Waterways Analysis and                           federal project under the jurisdiction of
                                                                                                            Management System                                   the USACE and thus will not be dredged
                                                  [Docket Number USCG–2015–0038]
                                                                                                                                                                to a depth that is usable by most
                                                                                                          II. Background, Purpose, and Legal
                                                  RIN 1625–AA01                                                                                                 commercial vessels.
                                                                                                          Basis                                                    During this 2012 WAMS we also
                                                  Anchorage Regulations; Port of New                         Anchorage grounds were originally                  sought comment on the proposed
                                                  York                                                    established by the (USACE) on April 25,               disestablishment of the Newark Bay
                                                                                                          1907, pursuant to an Act of Congress                  Southeast and Newark Bay Southwest
                                                  AGENCY:   Coast Guard, DHS.
                                                                                                          approved May 16, 1888. This                           SAAs described in 33 CFR 110.60(d)(1)
                                                  ACTION:   Notice of proposed rulemaking.                information was published in the 1909                 and (2). We received no comments that
                                                  SUMMARY:   The Coast Guard proposes to                  (USCP) Atlantic Coast, Part IV, From                  these SAAs are used or that they should
                                                  disestablish 13 anchorage grounds and 1                 Point Judith to New York, Fifth Edition.              be retained. These proposed revisions
                                                  special anchorage area that are now                     Anchorage regulation duties and powers                were advertised to the public in the
                                                  obsolete in Newark Bay, the East River,                 were transferred to the Coast Guard in                First Coast Guard District Local Notice
                                                                                                          1967 (32 FR 17726, Dec. 12, 1967)                     to Mariners number 50 in 2011 (dated
                                                  Western Long Island Sound, Raritan
                                                                                                             The special anchorage areas (SAAs)                 December 14, 2011) through number 24
                                                  Bay, and Lower New York Bay. It also
                                                                                                          were originally established by the                    in 2012 (dated June 13, 2012). During a
                                                  proposes to reduce the size of three
                                                                                                          USACE and first published in the USCP                 2014 site visit to the Robbins Reef Yacht
                                                  anchorage grounds in Raritan, Sandy
                                                                                                          in 1960. The USCP is a series of nine                 Club in Bayonne, NJ, the Coast Guard
                                                  Hook, and Lower New York Bays. This
                                                                                                          nautical books published by the                       was notified by a club member that the
                                                  proposed rulemaking is necessary due
                                                                                                          National Oceanic and Atmospheric                      Newark Bay Southeast SAA is still in
                                                  to the increased size and draft of current
                                                                                                          Administration (NOAA) that                            use. Based on those comments we are
                                                  commercial vessels operating in the
                                                                                                          encompasses a wide variety of                         no longer considering disestablishing
                                                  Captain of the Port New York zone, as
                                                                                                          information important to navigators of                the Newark Bay Southeast SAA. We are,
                                                  the existing anchorages have                                                                                  however, proposing to disestablish the
                                                                                                          U.S. waters. The USCP is intended to be
                                                  insufficient water depths to                                                                                  Newark Bay Southwest SAA,
                                                                                                          used as a supplement to NOAA nautical
                                                  accommodate these vessels; the                                                                                § 110.60(d)(2).
                                                                                                          charts. Topics covered include
                                                  exposure of these anchorages to winds,                                                                           This proposed rule would disestablish
                                                                                                          anchorage grounds, SAAs, and specific
                                                  tides, and currents; and changes in                                                                           seven obsolete anchorage grounds in
                                                                                                          anchoring regulations governing their
                                                  recreational vessel usage patterns in                                                                         Western Long Island Sound and the East
                                                                                                          usage.
                                                  Newark Bay. This proposed rulemaking                       The legal basis for this rule is: 33               River described in 33 CFR 110.155(a)(2)
                                                  would provide a higher degree of vessel                 U.S.C. 471, 1221 through 1236, 2071; 33               through (7), and (b)(2). During our 2013
                                                  and environmental safety by reducing                    CFR 1.05–1; and Department of                         WAMS review of New Rochelle Harbor,
                                                  the risk of vessels grounding in shallow                Homeland Security Delegation No.                      Manhasset and Little Neck Bays we
                                                  water, and accurately reflect the                       0170.1, which collectively authorize the              announced in the First Coast Guard
                                                  anchorages currently in use.                            Coast Guard to define anchorage                       District Local Notice to Mariners that we
                                                  DATES: Comments and related material                    grounds and special anchorage areas.                  were considering disestablishing
                                                  must be received by the Coast Guard on                     The specific reasons for this                      anchorage ground numbers 1–A, 1–B, 2,
                                                  or before January 25, 2016.                             rulemaking are to disestablish 13                     3, 4, 5, and 7. We received no comments
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  ADDRESSES: You may submit comments                      anchorage grounds and 1 SAA that are                  that these anchorage grounds are being
                                                  identified by docket number USCG–                       now obsolete and reduce the size of                   used or that they should be retained.
                                                  2015–0038 using the following Federal                   three anchorage grounds that are no                   These proposed revisions were
                                                  eRulemaking Portal at http://                           longer used by commercial or                          advertised to the public in the First
                                                  www.regulations.gov. See the ‘‘Public                   recreational mariners. The intended                   Coast Guard District Local Notice to
                                                  Participation and Request for                           purpose of this rulemaking is to reduce               Mariners number 48 in 2012 (dated
                                                  Comments’’ portion of the                               the risk of vessels grounding in shallow              November 28, 2012) through number 25
                                                  SUPPLEMENTARY INFORMATION section for                   water and accurately reflect the                      in 2013 (dated June 19, 2013).


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                                                                    Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules                                           73693

                                                    This proposed rule would also                         or under section 1 of Executive Order                 rule would affect your small business,
                                                  disestablish obsolete anchorage ground                  13563. The Office of Management and                   organization, or governmental
                                                  number 46 in Raritan Bay described in                   Budget has not reviewed it under those                jurisdiction and you have questions
                                                  33 CFR 110.155(j)(4). Additionally, this                Orders. We do not expect this proposed                concerning its provisions or options for
                                                  proposed rule would reduce the size of                  rule to have a significant impact because             compliance, please contact the person
                                                  anchorage ground number 28 described                    it is administrative in nature and would              listed in the FOR FURTHER INFORMATION
                                                  in 33 CFR 110.155(f)(3) and anchorage                   not alter current navigational practices              CONTACT, above. The Coast Guard will
                                                  ground number 47 described in 33 CFR                    on the affected waterways.                            not retaliate against small entities that
                                                  110.155(j)(5) in Raritan and Lower New                                                                        question or complain about this
                                                                                                          B. Impact on Small Entities
                                                  York Bays. Portions of these two                                                                              proposed rule or any policy or action of
                                                  reduced anchorage grounds would be                         The Regulatory Flexibility Act of 1980             the Coast Guard.
                                                  incorporated into revised anchorage                     (RFA), 5 U.S.C. 601–612, as amended,
                                                  grounds, number 26, which would also                    requires federal agencies to consider the             C. Collection of Information
                                                  be reduced in size, described in 33 CFR                 potential impact of regulations on small                This proposed rule would not call for
                                                  110.155(f)(1), and revised anchorage                    entities during rulemaking. The term                  a new collection of information under
                                                  ground, number 28, in Raritan and                       ‘‘small entities’’ comprises small                    the Paperwork Reduction Act of 1995
                                                  Lower New York Bays described in 33                     businesses, not-for-profit organizations              (44 U.S.C. 3501–3520.).
                                                  CFR 110.155(f)(3). The existing                         that are independently owned and
                                                                                                          operated and are not dominant in their                D. Federalism and Indian Tribal
                                                  anchorage ground numbers 26, 28, 46,
                                                                                                          fields, and governmental jurisdictions                Governments
                                                  and 47 cover approximately 59.307
                                                  square nautical miles. The proposed                     with populations of less than 50,000.                    A rule has implications for federalism
                                                  revised anchorage ground numbers 26                     The Coast Guard certifies under 5 U.S.C.              under E.O. 13132, Federalism, if it has
                                                  and 28 would cover approximately                        605(b) that this proposed rule would not              a substantial direct effect on the States,
                                                  7.877 square nautical miles. In addition,               have a significant economic impact on                 on the relationship between the national
                                                  this proposed rule would update the                     a substantial number of small entities.               government and the States, or on the
                                                  coordinates to 1983 datum for                              This proposed rule would affect the                distribution of power and
                                                  Anchorage Ground number 27 in the                       following entities, some of which might               responsibilities among the various
                                                  Atlantic Ocean described in 33 CFR                      be small entities: the owners or                      levels of government. We have analyzed
                                                  110.155(f)(2).                                          operators of vessels intending to transit             this proposed rule under that Order and
                                                    This rulemaking would also remove                     or anchor within these portions of                    have determined that it is consistent
                                                  regulations regarding navigation and                    Newark Bay; the East River near Little                with the fundamental federalism
                                                  mooring in the vicinity of the Naval                    Bay; Western Long Island Sound                        principles and preemption requirements
                                                  Ammunition Depot Pier at Leonardo,                      between Throgs Neck, Sands Point, and                 described in E.O. 13132.
                                                  NJ, in existing 33 CFR 110.155(f)(1)(i)                 Larchmont Harbor; and Raritan and                        Also, this proposed rule does not have
                                                  and (ii) because these requirements are                 Lower New York Bays.                                  tribal implications under E.O. 13175,
                                                  already codified at 33 CFR 165.130.                        This proposed rule would not have a                Consultation and Coordination with
                                                  During our 2014 WAMS review of                          significant economic impact on a                      Indian Tribal Governments, because it
                                                  Raritan Bay, we announced in the First                  substantial number of small entities for              would not have a substantial direct
                                                  Coast Guard District Local Notice to                    the following reasons: this rule would                effect on one or more Indian tribes, on
                                                  Mariners we considering disestablishing                 only codify current navigation practices              the relationship between the Federal
                                                  anchorage ground numbers 46 and 47.                     on the affected waterways. Neither the                Government and Indian tribes, or on the
                                                  We received no comments that these                      proposed disestablishment of anchorage                distribution of power and
                                                  anchorage grounds are being used or                     grounds nor the size reductions would                 responsibilities between the Federal
                                                  that they should be retained in their                   affect vessels’ schedules or their                    Government and Indian tribes. If you
                                                  current configurations. These proposed                  abilities to freely transit near these areas          believe this proposed rule has
                                                  revisions were advertised to the public                 within the Captain of the Port New York               implications for federalism or Indian
                                                  in the First Coast Guard District Local                 zone. The water available in the                      tribes, please contact the person listed
                                                  Notice to Mariners number 07 in 2014                    anchorage grounds to be disestablished                in the FOR FURTHER INFORMATION
                                                  (dated February 19, 2014) through                       is too shallow for most commercial                    CONTACT section above.
                                                  number 26 in 2014 (dated July 2, 2014).                 vessels to anchor within and the
                                                                                                          anchorage grounds in western Long                     E. Unfunded Mandates Reform Act
                                                  IV. Regulatory Analyses                                 Island Sound and East River are                          The Unfunded Mandates Reform Act
                                                    We developed this proposed rule after                 currently unusable as they are exposed                of 1995 (2 U.S.C. 1531–1538) requires
                                                  considering numerous statutes and                       to weather, tides, and currents that do               Federal agencies to assess the effects of
                                                  executive orders related to rulemaking.                 not provide a safe anchorage.                         their discretionary regulatory actions. In
                                                  Below we summarize our analyses                            If you think that your business,                   particular, the Act addresses actions
                                                  based on a number of these statutes or                  organization, or governmental                         that may result in the expenditure by a
                                                  executive orders.                                       jurisdiction qualifies as a small entity              State, local, or tribal government, in the
                                                                                                          and that this rule would have a                       aggregate, or by the private sector of
                                                  A. Regulatory Planning and Review                       significant economic impact on it,                    $100,000,000 (adjusted for inflation) or
                                                    This proposed rule is not a significant               please submit a comment (see                          more in any one year. Though this
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                                                  regulatory action under section 3(f) of                 ADDRESSES) explaining why you think it                proposed rule would not result in such
                                                  Executive Order 12866, Regulatory                       qualifies and how and to what degree                  an expenditure, we do discuss the
                                                  Planning and Review, as supplemented                    this rule would economically affect it.               effects of this rule elsewhere in this
                                                  by Executive Order 13563, Improving                        Under section 213(a) of the Small                  preamble.
                                                  Regulation and Regulatory Review, and                   Business Regulatory Enforcement
                                                  does not require an assessment of                       Fairness Act of 1996 (Pub. L. 104–121),               F. Environment
                                                  potential costs and benefits under                      we want to assist small entities in                     We have analyzed this proposed rule
                                                  section 6(a)(3) of Executive Order 12866                understanding this proposed rule. If the              under Department of Homeland


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                                                  73694             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Proposed Rules

                                                  Security Management Directive 023–01                    without change to http://                             074°07′30.56″ W.; thence to
                                                  and Commandant Instruction                              www.regulations.gov and will include                  40°29′17.49″ N., 074°10′16.50″ W.;
                                                  M16475.lD, which guide the Coast                        any personal information you have                     thence to the point of origin (NAD 83).
                                                  Guard in complying with the National                    provided. For more about privacy and                    (2) Anchorage No. 27. In the Atlantic
                                                  Environmental Policy Act of 1969                        the docket, you may review a Privacy                  Ocean all waters bound by the following
                                                  (NEPA) (42 U.S.C. 4321–4370f), and                      Act notice regarding the Federal Docket
                                                                                                                                                                points: 40°28′49.27″ N., 074°00′12.13″
                                                  have made a preliminary determination                   Management System in the March 24,
                                                  that this action is one of a category of                                                                      W.; thence to 40°28′52.12″ N.,
                                                                                                          2005, issue of the Federal Register (70
                                                  actions that do not individually or                     FR 15086).                                            074°00′00.56″ W.; thence to
                                                  cumulatively have a significant effect on                 Documents mentioned in this NPRM                    40°28′40.88″ N., 073°58′51.95″ W.;
                                                  the human environment. This proposed                    as being available in the docket, and all             thence to 40°25′57.91″ N., 073°54′55.56″
                                                  rule involves disestablishing 13 obsolete               public comments, will be in our online                W.; thence to 40°23′45.55″ N.,
                                                  anchorage grounds and 1 obsolete SAA,                   docket at http://www.regulations.gov                  073°54′54.89″ W.; thence to
                                                  and reducing the size of two anchorage                  and can be viewed by following that                   40°23′45.38″ N., 073°58′32.10″ W.;
                                                  grounds and combining them into one                     Web site’s instructions. Additionally, if             thence along the shoreline to the point
                                                  smaller anchorage ground. This rule                     you go to the online docket and sign up               of origin (NAD 83).
                                                  may be categorically excluded from                      for email alerts, you will be notified                  (3) Anchorage No. 28. In Lower Bay
                                                  further review under paragraph 34(f) of                 when comments are posted or a final                   all waters bound by the following
                                                  Figure 2–1 of the Commandant                            rule is published.                                    points: 40°30′02.30″ N., 074°08′52.69″
                                                  Instruction. We seek any comments or
                                                                                                          List of Subjects in 33 CFR Part 110                   W.; thence to 40°29′10.10″ N.,
                                                  information that may lead to the
                                                                                                                                                                074°04′59.65″ W.; thence to
                                                  discovery of a significant environmental                  Anchorage grounds.
                                                  impact from this proposed rule.                                                                               40°29′09.99″ N., 074°02′57.75″ W.;
                                                                                                            For the reasons discussed in the                    thence to 40°31′52.89″ N., 074°02′39.89″
                                                  G. Protest Activities                                   preamble, the Coast Guard proposes to                 W.; thence to 40°31′59.72″ N.,
                                                                                                          amend 33 CFR part 110 as follows:                     074°03′25.13″ W.; thence to
                                                    The Coast Guard respects the First
                                                  Amendment rights of protesters.                         PART 110—ANCHORAGE                                    40°31′28.57″ N., 074°03′40.70″ W.;
                                                  Protesters are asked to contact the                     REGULATIONS                                           thence to 40°30′26.24″ N., 074°05′11.46″
                                                  person listed in the FOR FURTHER                                                                              W.; thence to 40°30′19.01″ N.,
                                                  INFORMATION CONTACT section to                          ■ 1. The authority citation for part 110              074°06′21.37″ W.; thence to
                                                  coordinate protest activities so that your              continues to read as follows:                         40°30′21.53″ N., 074°08′46.19″ W.;
                                                  message can be received without                           Authority: 33 U.S.C. 471, 1221 through              thence to the point of origin (NAD 83).
                                                  jeopardizing the safety or security of                  1236, 2071; 33 CFR 1.05–1; Department of              *       *    *    *     *
                                                  people, places, or vessels.                             Homeland Security Delegation No. 0170.1.
                                                                                                                                                                   (j) * * *
                                                  V. Public Participation and Request for                 § 110.60    [Amended]
                                                  Comments                                                                                                        (2) Anchorage No. 45. West of the
                                                                                                          ■  2. In § 110.60:                                    Raritan Bay Channel leading into Arthur
                                                     We view public participation as                      ■  a. Remove paragraph (d)(2) and                     Kill; north of the Raritan River Channel
                                                  essential to effective rulemaking, and                  redesignate paragraphs (d)(3) through                 leading into Raritan River; and east of
                                                  will consider all comments and material                 (10) as paragraphs (d)(2) through (9),                the Cutoff Channel between Raritan
                                                  received during the comment period.                     respectively.                                         River and Arthur Kill, except that part
                                                  Your comment can help shape the                         ■ b. Amend the note to newly
                                                                                                                                                                of the said area occupied by Anchorage
                                                  outcome of this rulemaking. If you                      redesignated paragraph (d)(2) by
                                                  submit a comment, please include the                                                                          No. 44.
                                                                                                          removing ‘‘paragraph (d)(3)’’ and adding
                                                  docket number for this rulemaking,                      ‘‘paragraph (d)(2)’’ in its place.                      (i) Vessels must not anchor in the
                                                  indicate the specific section of this                   ■ 3. In § 110.155:                                    channel to Keyport Harbor west of lines
                                                  document to which each comment                          ■ a. Remove and reserve paragraph                     ranging from Keyport Channel Buoy 1 to
                                                  applies, and provide a reason for each                  (a)(2) and remove paragraphs (a)(3)                   Keyport Channel Buoy 9, thence
                                                  suggestion or recommendation.                           through (7);                                          through Keyport Channel Buoys 11 and
                                                     We encourage you to submit                           ■ b. Remove and reserve paragraph                     13 to the northeast corner of the easterly
                                                  comments through the Federal                            (b)(2);                                               steamboat wharf; and east of a line
                                                  eRulemaking Portal at http://                           ■ c. Revise paragraph (f);                            extending from a point 400 yards west
                                                  www.regulations.gov. If your material                   ■ d. Remove and reserve paragraph (h);                of Keyport Channel Buoy 1 tangent to
                                                  cannot be submitted using http://                       ■ e. Revise paragraph (j)(2); and                     the west shore at the mouth of Matawan
                                                  www.regulations.gov, contact the person                 ■ f. Remove paragraphs (j)(3) through                 Creek.
                                                  in the FOR FURTHER INFORMATION                          (5).
                                                  CONTACT section of this document for                       The revisions read as follows:                       (ii) [Reserved]
                                                  alternate instructions. Documents                                                                             *       *    *    *     *
                                                  mentioned in this document, and all                     § 110.155    Port of New York.
                                                                                                                                                                  Dated: October 14, 2015.
                                                  public comments, are in our online                      *     *    *     *     *
                                                                                                                                                                K.C. Keifer,
                                                  docket at http://www.regulations.gov                      (f) Lower Bay, Raritan Bay, Sandy
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                                                  and can be viewed by following that                     Hook Bay, and Atlantic Ocean—(1)                      Captain, U.S. Coast Guard, Acting
                                                  Web site’s instructions. Additionally, if               Anchorage No. 26. In Raritan and Sandy                Commander First Coast Guard District.
                                                  you go to the online docket and sign up                 Hook Bays all waters bound by the                     [FR Doc. 2015–30056 Filed 11–24–15; 8:45 am]
                                                  for email alerts, you will be notified                  following points: 40°30′06.74″ N.,                    BILLING CODE 9110–04–P
                                                  when comments are posted or a final                     074°10′04.96″ W.; thence to
                                                  rule is published.                                      40°28′59.44″ N., 074°05′00.00″ W.;
                                                     We accept anonymous comments. All                    thence to 40°28′44.94″ N., 074°05′00.00″
                                                  comments received will be posted                        W.; thence to 40°29′05.02″ N.,


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Document Created: 2018-03-01 11:14:56
Document Modified: 2018-03-01 11:14:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before January 25, 2016.
ContactIf you have questions on this notice of proposed rulemaking, contact Mr. Craig Lapiejko, Waterways Management at Coast Guard First District, telephone 617-223-8351, email [email protected] or Mr. Jeff Yunker, Coast Guard Sector New York Waterways Management Division, U.S. Coast Guard; telephone 718- 354-4195, email [email protected]
FR Citation80 FR 73692 
RIN Number1625-AA01

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