81 FR 18494 - Anchorage Regulations; Port of New York
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 62 (March 31, 2016)
Coast Guard
Federal Register Volume 81, Issue 62 (March 31, 2016)
| Page Range | 18494-18496 | |
| FR Document | 2016-07307 |
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)] [Rules and Regulations] [Pages 18494-18496] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07307] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is disestablishing thirteen anchorage grounds and one special anchorage area that are now obsolete in Newark Bay, the East River, Western Long Island Sound, Raritan Bay, and Lower New York Bay, and reducing the size of three anchorage grounds in Raritan, Sandy Hook, and Lower New York Bays. DATES: This rule is effective May 2, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2015-0038 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Craig Lapiejko, Waterways Management Branch 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]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section USACE United States Army Corps of Engineers USCP United States Coast Pilot U.S.C. United States Code WAMS Waterways Analysis and Management System II. Background Information and Regulatory History In 2012, the Coast Guard conducted a WAMS survey of these anchorage regulations within Newark Bay. In 2013, the Coast Guard conducted a WAMS survey of these anchorage regulations within New Rochelle Harbor, Manhasset, and Little Neck Bays. In 2014, the Coast Guard conducted a WAMS survey of these anchorage regulations within Raritan Bay. In response, on November 25, 2015, the Coast Guard published an NPRM titled Anchorage Regulations; Port of New York (80 FR 73692). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to these anchorage regulations. During the comment period that ended January 25, 2016, we received one comment. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The First Coast Guard District Commander has determined that potential hazards associated with vessels anchoring in the shallow water of these charted anchorage grounds will be a safety concern for vessels constrained by their draft. The purpose of this rule is to reduce the risk of vessels grounding in shallow water and accurately reflect the anchorages currently in use. IV. Discussion of Comments, Changes, and the Rule This rule disestablishes thirteen anchorage grounds and one special anchorage area that are now obsolete in Newark Bay, the East River, Western Long Island Sound, Raritan Bay, and Lower New York Bay, and reduces the size of three anchorage grounds in Raritan, Sandy Hook, and Lower New York Bays. As noted above, we received one comment on our NPRM published November 25, 2015. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. The Office of Coast Survey, National Oceanic and Atmospheric Administration (NOAA) strongly recommended that the coordinates for the disestablished anchorage grounds be published within the final rule. These coordinates follow: Coordinates for Disestablished Special Anchorage Area: 33 CFR 110.60(d)(2) New York Harbor:Newark Bay, Southwest: All waters bound by the following points: 40[deg]38'52.1'' N., 074[deg]09'41.1'' W.; thence [[Page 18495]] to 40[deg]38'51.6'' N., 074[deg]10'18.2'' W.; thence to 40[deg]38'51.0'' N., 074[deg]10'36.5'' W.; thence to 40[deg]39'16.8'' N., 074[deg]09'56.3'' W.; thence to 40[deg]39'16.2'' N., 074[deg]09'36.9'' W.; thence to the point of origiN., excluding therefrom the ``Pipe Line Area''. Coordinates for Disestablished Anchorage Grounds: 33 CFR 110.155 Port of New York: (a)(2) Anchorage Ground No. 1-A: All waters southwest of a line from 40[deg]54'27.36'' N., 073[deg]46'04.16'' W to 40[deg]54'01.65'' N., 073[deg]45'23.02'' W. All waters northwest of a line from 40[deg]54'01.65'' N., 073[deg]45'23.02'' W, thence to 40[deg]53'30.65'' N., 073[deg]46'05.30'' W. All waters north of a line from 40[deg]53'30.65'' N., 073[deg]46'05.30'' W thence to 40[deg]53'21.35'' N., 073[deg]46'38.52'' W. (a)(3) Anchorage Ground No. 1-B: All waters west and north of the following lines: from 40[deg]54'58.06'' N., 073[deg]44'51.82'' W; thence to 40[deg]54'10.69'' N., 073[deg]45'10.48'' W.; thence to 40[deg]54'26.89'' N., 073[deg]46'04.84'' W. (a)(4) Anchorage Ground No. 2: All waters west of a line from 40[deg]48'56.58'' N., 073[deg]47'52.98'' W.; thence to 40[deg]48'27.38'' N., 073[deg]47'29.20'' W. (a)(5) Anchorage Ground No. 3: All waters northeast of a line from 40[deg]50'54.57'' N., 073[deg]44'16.64'' W.; thence to 40[deg]51'28.94'' N., 073[deg]44'49.11'' W. All waters southeast of a line from 40[deg]51'28.94'' N., 073[deg]44'49.11'' W.; thence to 40[deg]52'07.26'' N., 073[deg]44'15.41'' W. All waters southwest of a line from 40[deg]52'07.26'' N., 073[deg]44'15.41'' W.; thence to 40[deg]51'57.80'' N., 073[deg]43'47.86'' W. (a)(6) Anchorage Ground No. 4: All waters northeast of a line from 40[deg]49'00.62'' N., 073[deg]45'41.92'' W.; thence to 40[deg]49'28.17'' N., 073[deg]46'29.31'' W. All waters southeast of a line from 40[deg]49'28.17'' N., 073[deg]46'29.31'' W.; thence to 40[deg]51'28.94'' N., 073[deg]44'49.11'' W. All waters southwest of a line from 40[deg]51'28.94'' N., 073[deg]44'49.11'' W.; thence to 40[deg]50'54.57'' N., 073[deg]44'16.64'' W. (a)(7) Anchorage Ground No. 5: All waters east of a line from 40[deg]47'40.53'' N., 073[deg]46'28.93'' W.; thence to 40[deg]49'18.69'' N., 073[deg]46'12.69'' W. All waters south of a line from 40[deg]49'18.69'' N., 073[deg]46'12.69'' W.; thence to 40[deg]49'00.62'' N., 073[deg]45'41.92'' W. (b)(2) Anchorage Ground No. 7: All waters south of a line from 40[deg]48'03.24'' N., 073[deg]49'11.46'' W.; thence to 40[deg]47'41.80'' N., 073[deg]46'58.77'' W. (h)(1) Anchorage Ground No. 34: All waters bound by the following points: 40[deg]38'51.5'' N, 074[deg]10'35.6'' W.; thence to 40[deg]39'20.2'' N, 074[deg]09'50.8'' W.; thence to 40[deg]39'41.4'' N, 074[deg]09'30.2'' W.; thence to 40[deg]39'29.6'' N, 074[deg]08'58.0'' W.; thence to 40[deg]39'21.7'' N, 074[deg]08'50.8'' W.; thence to 40[deg]39'08.0'' N, 074[deg]08'58.9'' W.; thence to 40[deg]38'49.9'' N, 074[deg]09'20.0'' W.; thence to 40[deg]38'53.5'' N, 074[deg]09'37.1'' W.; thence to 40[deg]38'52.0'' N, 074[deg]09'41.6'' W.; thence to the point of origin (NAD 83). (h)(3) Anchorage Ground No. 36: All waters bound by the following points: 40[deg]41'13.1'' N, 074[deg]08'06.1'' W.; thence to 40[deg]41'12.7'' N, 074[deg]08'09.9'' W.; thence to 40[deg]40'51.0'' N, 074[deg]08'29.7'' W.; thence to 40[deg]40'44.7'' N, 074[deg]08'29.8'' W.; thence to 40[deg]40'34.0'' N, 074[deg]08'12.0'' W.; thence to 40[deg]40'36.6'' N, 074[deg]08'04.8'' W.; thence to 40[deg]40'54.5'' N, 074[deg]07'56.5'' W.; thence to 40[deg]41'03.3'' N, 074[deg]07'56.5'' W.; thence to the point of origin (NAD 83). (h)(4) Anchorage Ground No. 37: All waters bound by the following points: 40[deg]41'40.66'' N, 074[deg]06'38.63'' W.; thence to 40[deg]41'51.85'' N, 074[deg]07'01.88'' W.; thence to 40[deg]39'16.54'' N, 074[deg]08'33.79'' W.; thence to 40[deg]39'16.68'' N, 074[deg]08'25.82'' W, thence along the shoreline to point of origin (NAD 83). (h)(5) Anchorage Ground No. 38: All waters bound by the following points: 40[deg]43'05.57'' N, 074[deg]06'08.36'' W.; thence to 40[deg]42'40.39'' N, 074[deg]06'48.46'' W.; thence to 40[deg]42'35.47'' N, 074[deg]06'53.93'' W.; thence to 40[deg]42'24.34'' N, 074[deg]06'59.31'' W.; thence to 40[deg]42'20.79'' N, 074[deg]06'59.76'' W.; thence to 40[deg]42'11.44'' N, 074[deg]06'55.73'' W.; thence to 40[deg]42'03.86'' N, 074[deg]07'00.66'' W.; thence to 40[deg]41'52.53'' N, 074[deg]07'01.56'' W.; thence to 40[deg]41'41.33'' N, 074[deg]06'38.05'' W, thence along the shoreline to point of origin (NAD 83). (h)(6) Anchorage Ground No. 39: All waters bound by the following points: 40[deg]43'20.60'' N, 074[deg]07'11.06'' W.; thence to 40[deg]42'51.41'' N, 074[deg]07'16.10'' W.; thence to 40[deg]42'27.93'' N, 074[deg]07'08.10'' W.; thence to 40[deg]42'43.70'' N, 074[deg]06'56.08'' W.; thence to 40[deg]43'08.81'' N, 074[deg]06'24.24'' W.; thence along the shoreline to point of origin (NAD 83). (j)(4) Anchorage Ground No. 46: 40[deg]29'52.19'' N, 074[deg]15'01.76'' W.; thence to 40[deg]29'48.88'' N, 074[deg]15'10.76'' W. 40[deg]30'34.63'' N, 074[deg]11'25.01'' W.; thence to 40[deg]30'02.74'' N, 074[deg]09'03.10'' W.; thence to 40[deg]31'44.04'' N, 074[deg]09'19.73'' W. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the administrative nature of the rulemaking as it would not alter current navigational practices on the affected waterways. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit or anchor within these waterways may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 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 section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to [[Page 18496]] the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will 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 Executive Order 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 rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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 rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland 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 (42 U.S.C. 4321-4370f), and have determined 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 rule involves the disestablishment of thirteen obsolete anchorage grounds and one obsolete SAA, and reduces the size of two anchorage grounds and combines them into one smaller anchorage ground. It is 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 rule. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard amends 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: March 22, 2016. L.L. Fagan, Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. [FR Doc. 2016-07307 Filed 3-30-16; 8:45 am] BILLING CODE 9110-04-P
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minimum, that special due diligence Dated: March 25, 2016. II. Background Information and
must include: Jamal El-Hindi, Regulatory History
(A) Notifying those correspondent Deputy Director, Financial Crimes In 2012, the Coast Guard conducted a
account holders that the covered Enforcement Network.
WAMS survey of these anchorage
financial institution knows or has [FR Doc. 2016–07210 Filed 3–30–16; 8:45 am] regulations within Newark Bay. In 2013,
reason to know provide services to BILLING CODE 4810–02–P the Coast Guard conducted a WAMS
FBME Bank, Ltd., that such survey of these anchorage regulations
correspondents may not provide FBME within New Rochelle Harbor,
Bank, Ltd. with access to the Manhasset, and Little Neck Bays. In
correspondent account maintained at DEPARTMENT OF HOMELAND 2014, the Coast Guard conducted a
the covered financial institution; and SECURITY WAMS survey of these anchorage
(B) Taking reasonable steps to identify Coast Guard regulations within Raritan Bay. In
any use of its foreign correspondent response, on November 25, 2015, the
accounts by FBME Bank, Ltd., to the 33 CFR Part 110 Coast Guard published an NPRM titled
extent that such use can be determined Anchorage Regulations; Port of New
from transactional records maintained York (80 FR 73692). There we stated
[Docket Number USCG–2015–0038]
in the covered financial institution’s why we issued the NPRM, and invited
normal course of business. comments on our proposed regulatory
RIN 1625–AA01
(ii) A covered financial institution action related to these anchorage
shall take a risk-based approach when Anchorage Regulations; Port of New regulations. During the comment period
deciding what, if any, other due York that ended January 25, 2016, we
diligence measures it reasonably must received one comment.
adopt to guard against the use of its AGENCY: Coast Guard, DHS.
III. Legal Authority and Need for Rule
foreign correspondent accounts to ACTION: Final rule.
process transactions involving FBME The Coast Guard is issuing this rule
Bank, Ltd. SUMMARY: The Coast Guard is under authority in 33 U.S.C. 1231. The
disestablishing thirteen anchorage First Coast Guard District Commander
(iii) A covered financial institution grounds and one special anchorage area has determined that potential hazards
that obtains knowledge that a foreign that are now obsolete in Newark Bay, associated with vessels anchoring in the
correspondent account may be being the East River, Western Long Island shallow water of these charted
used to process transactions involving Sound, Raritan Bay, and Lower New anchorage grounds will be a safety
FBME Bank, Ltd. shall take all York Bay, and reducing the size of three concern for vessels constrained by their
appropriate steps to further investigate anchorage grounds in Raritan, Sandy draft. The purpose of this rule is to
and prevent such access, including the Hook, and Lower New York Bays. reduce the risk of vessels grounding in
notification of its correspondent account shallow water and accurately reflect the
DATES: This rule is effective May 2,
holder under paragraph (b)(2)(i)(A) of anchorages currently in use.
2016.
this section and, where necessary,
termination of the correspondent ADDRESSES: To view documents IV. Discussion of Comments, Changes,
account. mentioned in this preamble as being and the Rule
(iv) A covered financial institution available in the docket, go to http:// This rule disestablishes thirteen
required to terminate a correspondent www.regulations.gov, type USCG–2015– anchorage grounds and one special
account pursuant to paragraph (b)(2)(iii) 0038 in the ‘‘SEARCH’’ box and click anchorage area that are now obsolete in
of this section: ‘‘SEARCH.’’ Click on Open Docket Newark Bay, the East River, Western
Folder on the line associated with this Long Island Sound, Raritan Bay, and
(A) Should do so within a rule.
commercially reasonable time, and Lower New York Bay, and reduces the
FOR FURTHER INFORMATION CONTACT: If size of three anchorage grounds in
should not permit the foreign bank to
establish any new positions or execute you have questions on this rule, call or Raritan, Sandy Hook, and Lower New
any transaction through such email Mr. Craig Lapiejko, Waterways York Bays.
correspondent account, other than those Management Branch at Coast Guard As noted above, we received one
necessary to close the correspondent First District, telephone 617–223–8351, comment on our NPRM published
account; and email craig.d.lapiejko@uscg.mil or Mr. November 25, 2015. There are no
Jeff Yunker, Coast Guard Sector New changes in the regulatory text of this
(B) May reestablish a correspondent York Waterways Management Division, rule from the proposed rule in the
account closed pursuant to this U.S. Coast Guard; telephone 718–354– NPRM.
paragraph if it determines that the 4195, email jeff.m.yunker@uscg.mil. The Office of Coast Survey, National
correspondent account will not be used
SUPPLEMENTARY INFORMATION: Oceanic and Atmospheric
to provide banking services indirectly to
Administration (NOAA) strongly
FBME Bank Ltd. I. Table of Abbreviations recommended that the coordinates for
(3) Recordkeeping and reporting. (i) A CFR Code of Federal Regulations the disestablished anchorage grounds be
covered financial institution is required DHS Department of Homeland Security published within the final rule. These
to document its compliance with the FR Federal Register coordinates follow:
jstallworth on DSK7TPTVN1PROD with RULES
notice requirement set forth in NPRM Notice of proposed rulemaking Coordinates for Disestablished
paragraph (b)(2)(i)(A) of this section. § Section Special Anchorage Area:
USACE United States Army Corps of
(ii) Nothing in this paragraph (b) shall Engineers
33 CFR 110.60(d)(2) New York
require a covered financial institution to USCP United States Coast Pilot Harbor:
report any information not otherwise U.S.C. United States Code • Newark Bay, Southwest: All waters
required to be reported by law or WAMS Waterways Analysis and bound by the following points:
regulation. Management System 40°38′52.1″ N., 074°09′41.1″ W.; thence
VerDate Sep<11>2014 15:13 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\31MRR1.SGM 31MRR1](https://thefederalregister.org/doc/81_FR_18556/page/1.svg)
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the Small Business and Agriculture F. Environment Anchorage No. 26. In Raritan and Sandy
Regulatory Enforcement Ombudsman We have analyzed this rule under Hook Bays all waters bound by the
and the Regional Small Business Department of Homeland Security following points: 40°30′06.74″ N.,
Regulatory Fairness Boards. The Management Directive 023–01 and 074°10′04.96″ W.; thence to
Ombudsman evaluates these actions Commandant Instruction M16475.lD, 40°28′59.44″ N., 074°05′00.00″ W.;
annually and rates each agency’s which guide the Coast Guard in thence to 40°28′44.94″ N., 074°05′00.00″
responsiveness to small business. If you complying with the National W.; thence to 40°29′05.02″ N.,
wish to comment on actions by Environmental Policy Act of 1969 (42 074°07′30.56″ W.; thence to
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have 40°29′17.49″ N., 074°10′16.50″ W.;
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a thence to the point of origin (NAD 83).
Coast Guard will not retaliate against category of actions that do not (2) Anchorage No. 27. In the Atlantic
small entities that question or complain individually or cumulatively have a Ocean all waters bound by the following
about this rule or any policy or action significant effect on the human points: 40°28′49.27″ N., 074°00′12.13″
of the Coast Guard. environment. This rule involves the W.; thence to 40°28′52.12″ N.,
disestablishment of thirteen obsolete 074°00′00.56″ W.; thence to
C. Collection of Information 40°28′40.88″ N., 073°58′51.95″ W.;
anchorage grounds and one obsolete
This rule will not call for a new SAA, and reduces the size of two thence to 40°25′57.91″ N., 073°54′55.56″
collection of information under the anchorage grounds and combines them W.; thence to 40°23′45.55″ N.,
Paperwork Reduction Act of 1995 (44 into one smaller anchorage ground. It is 073°54′54.89″ W.; thence to
U.S.C. 3501–3520). categorically excluded from further 40°23′45.38″ N., 073°58′32.10″ W.;
review under paragraph 34(f) of Figure thence along the shoreline to the point
D. Federalism and Indian Tribal 2–1 of the Commandant Instruction. We of origin (NAD 83).
Governments seek any comments or information that (3) Anchorage No. 28. In Lower Bay
may lead to the discovery of a all waters bound by the following
A rule has implications for federalism significant environmental impact from points: 40°30′02.30″ N., 074°08′52.69″
under Executive Order 13132, this rule. W.; thence to 40°29′10.10″ N.,
Federalism, if it has a substantial direct 074°04′59.65″ W.; thence to
effect on the States, on the relationship List of Subjects in 33 CFR Part 110
40°29′09.99″ N., 074°02′57.75″ W.;
between the national government and Anchorage grounds. thence to 40°31′52.89″ N., 074°02′39.89″
the States, or on the distribution of For the reasons discussed in the W.; thence to 40°31′59.72″ N.,
power and responsibilities among the preamble, the Coast Guard amends 33 074°03′25.13″ W.; thence to
various levels of government. We have CFR part 110 as follows: 40°31′28.57″ N., 074°03′40.70″ W.;
analyzed this rule under that Order and thence to 40°30′26.24″ N., 074°05′11.46″
have determined that it is consistent PART 110—ANCHORAGE W.; thence to 40°30′19.01″ N.,
with the fundamental federalism REGULATIONS 074°06′21.37″ W.; thence to
principles and preemption requirements 40°30′21.53″ N., 074°08′46.19″ W.;
described in Executive Order 13132. ■ 1. The authority citation for part 110
continues to read as follows: thence to the point of origin (NAD 83).
Also, this rule does not have tribal * * * * *
implications under Executive Order Authority: 33 U.S.C. 471; 1221 through
1236, 2071; 33 CFR 1.05–1; Department of (j) * * *
13175, Consultation and Coordination Homeland Security Delegation No. 0170.1. (2) Anchorage No. 45. West of the
with Indian Tribal Governments, Raritan Bay Channel leading into Arthur
because it does not have a substantial § 110.60 [Amended]
Kill; north of the Raritan River Channel
direct effect on one or more Indian ■ 2. In § 110.60— leading into Raritan River; and east of
tribes, on the relationship between the ■ a. Remove paragraph (d)(2) and the Cutoff Channel between Raritan
Federal Government and Indian tribes, redesignate paragraphs (d)(3) through River and Arthur Kill, except that part
or on the distribution of power and (10) as paragraphs (d)(2) through (9), of the said area occupied by Anchorage
responsibilities between the Federal respectively. No. 44.
Government and Indian tribes. If you ■ b. Amend the note to newly
(i) Vessels must not anchor in the
believe this rule has implications for redesignated paragraph (d)(2) by
channel to Keyport Harbor west of lines
federalism or Indian tribes, please removing ‘‘paragraph (d)(3)’’ and adding
ranging from Keyport Channel Buoy 1 to
contact the person listed in the FOR ‘‘paragraph (d)(2)’’ in its place.
Keyport Channel Buoy 9, thence
FURTHER INFORMATION CONTACT section. ■ 3. In § 110.155— through Keyport Channel Buoys 11 and
■ a. Remove and reserve paragraph
E. Unfunded Mandates Reform Act 13 to the northeast corner of the easterly
(a)(2), and remove paragraphs (a)(3) steamboat wharf; and east of a line
The Unfunded Mandates Reform Act through (7), extending from a point 400 yards west
of 1995 (2 U.S.C. 1531–1538) requires ■ b. Remove and reserve paragraph
of Keyport Channel Buoy 1 tangent to
Federal agencies to assess the effects of (b)(2); the west shore at the mouth of Matawan
■ c. Revise paragraph (f);
their discretionary regulatory actions. In Creek.
■ d. Remove and reserve paragraph (h);
particular, the Act addresses actions (ii) [Reserved]
■ e. Revise paragraph (j)(2), and
that may result in the expenditure by a ■ f. Remove paragraphs (j)(3) through * * * * *
jstallworth on DSK7TPTVN1PROD with RULES
State, local, or tribal government, in the (5).
aggregate, or by the private sector of Dated: March 22, 2016.
The revisions read as follows:
$100,000,000 (adjusted for inflation) or L.L. Fagan,
more in any one year. Though this rule § 110.155 Port of New York. Rear Admiral, U.S. Coast Guard, Commander,
will not result in such an expenditure, * * * * * First Coast Guard District.
we do discuss the effects of this rule (f) Lower Bay, Raritan Bay, Sandy [FR Doc. 2016–07307 Filed 3–30–16; 8:45 am]
elsewhere in this preamble. Hook Bay, and Atlantic Ocean. (1) BILLING CODE 9110–04–P
VerDate Sep<11>2014 15:13 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 E:\FR\FM\31MRR1.SGM 31MRR1](https://thefederalregister.org/doc/81_FR_18556/page/3.svg)
Document Created: 2016-03-31 00:55:34
Document Modified: 2016-03-31 00:55:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 2, 2016. | |
| Contact | If you have questions on this rule, call or email Mr. Craig Lapiejko, Waterways Management Branch 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 Citation | 81 FR 18494 | |
| RIN Number | 1625-AA01 |
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