83_FR_4905 83 FR 4882 - Anchorage Grounds; Saint Lawrence Seaway, Cape Vincent, New York

83 FR 4882 - Anchorage Grounds; Saint Lawrence Seaway, Cape Vincent, New York

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range4882-4884
FR Document2018-02114

The Coast Guard proposes to establish at the request of the Saint Lawrence Seaway Development Corporation, two separate anchorage grounds, Carleton Island Anchorage and Tibbetts Point Anchorage, near Cape Vincent, New York. The Federal Anchorage Ground designations will enable a pilot to disembark a safely anchored vessel which will help reduce pilot fatigue, increase pilot availability, and reduce costs incurred by vessels transiting the Seaway. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Proposed Rules]
[Pages 4882-4884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02114]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2017-1125]
RIN 1625-AA01


Anchorage Grounds; Saint Lawrence Seaway, Cape Vincent, New York

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish at the request of the 
Saint Lawrence Seaway Development Corporation, two separate anchorage 
grounds, Carleton Island Anchorage and Tibbetts Point Anchorage, near 
Cape Vincent, New York. The Federal Anchorage Ground designations will 
enable a pilot to disembark a safely anchored vessel which will help 
reduce pilot fatigue, increase pilot availability, and reduce costs 
incurred by vessels transiting the Seaway. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 3, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1125 using the 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 about this 
proposed rulemaking, call or email Lieutenant Jason Radcliffe, Ninth 
District, Waterways Operations, U.S. Coast Guard; telephone 216-902-
6060, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish two anchorage grounds one in 
the vicinity of Carleton Island, New York and the second near Tibbetts 
Point, New York. Each area has historically been used as an anchorage 
and the Saint Lawrence Seaway Development Corporation, at the request 
of its waterway users, has requested each area to be officially 
designated as Federal Anchorage Grounds.
    Without this designation, pilots who anchor a ship in the 
respective areas are unable to disembark during sustained delay periods 
which hinder compliance with rest requirements and complicate pilot 
availability and logistics for other vessels. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 471, 1221 through 1236, 
2071; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish two new anchorage areas 
to be known as Carleton Island Anchorage and Tibbetts Point Anchorage.
    The Carleton Island Anchorage would be located just northeast and 
adjacent to Carleton Island and Millen Bay. The boundaries of Carleton 
Island Anchorage are presented in the proposed regulatory text at the 
end of this document. The anchorage would be approximately .75 square 
miles. Proposed Carleton Island Anchorage is primarily intended for use 
by up-bound inland or ocean going bulk freight and tank ships, towing 
vessels and barges that need to anchor and wait for the availability of 
a Lake Ontario Pilot. Under this proposed rule no anchors would be 
allowed to be placed in the channel and no portion of the hull or 
rigging would be allowed to extend outside the limits of the anchorage 
area.
    The Tibbetts Point Anchorage would be located just west and 
adjacent to Tibbetts Point and Fuller Bay. The boundaries of Tibbett's 
Point Anchorage are presented in the proposed regulatory text at the 
end of this document. The anchorage would be approximately 1.5 square 
miles. Proposed Tibbett's Point Anchorage is primarily intended for use 
by down-bound inland or ocean going bulk freight and tank ships, towing 
vessels and barges that need to anchor and wait for the availability of 
a River Pilot. Under this proposed rule no anchors would be allowed to 
be placed in the channel and no portion of the hull or rigging would be 
allowed to extend outside the limits of the anchorage area.
    Whenever the maritime or commercial interests of the United States 
so require, the Saint Lawrence Seaway Development Corporation or their 
designated representative may direct the movement of any vessel 
anchored or moored within the anchorage area. The Coast Guard has 
ascertained the view of the Buffalo, New York District and Division 
Engineer, Corps of Engineers, U.S. Army, about the specific provisions 
of this proposed rule.

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 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.
    Executive Order 13771 directs agencies to control regulatory costs 
through a budgeting process. This NPRM has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget, and pursuant to OMB guidance it is exempt from the 
requirements of Executive Order 13771.
    We conclude that this proposed rule is not a significant regulatory 
action based on the location and size of the proposed anchorage 
grounds, as well as the historical automatic identification system 
(AIS) data. The impacts on routine navigation are expected to be 
minimal because the proposed anchorage grounds are located outside the 
navigational channel. When not occupied, vessels would be able to 
maneuver in, around and through the anchorage.

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

[[Page 4883]]

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.
    The number of small entities impacted and the extent of the impact, 
if any, is expected to be minimal. The anchorage area is not routinely 
transited by vessels heading to, or returning from, known fishing 
grounds. It is also not used by small entities, including small 
vessels, for anchoring due to the depth of water naturally present in 
the area.
    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 
section. 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 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 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.

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 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (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 the establishment of a permanent anchorage near Carleton 
Island, New York. Normally such actions are categorically excluded from 
further review under paragraph L59(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. 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.
    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, visit http://www.regulations.gov/privacyNotice.
    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 website'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 do not plan to hold a public meeting. You may submit a request 
for a public meeting by contacting Lieutenant Radcliffe under the 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid in this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

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.

0
2. Add Sec.  110.209 to read as follows:

[[Page 4884]]

Sec.  110.209  Saint Lawrence Seaway Anchorages, NY.

    (a) Carleton Island Anchorage; Saint Lawrence River, Cape Vincent, 
New York.
    (1) Carleton Island Anchorage Area. The waters bounded by a line 
connecting the following, beginning at 44[deg]11'57.11'' N, 
076[deg]14'04.62'' W; thence to 44[deg]11'21.80'' N, 076[deg]14'05.77'' 
W; thence to 44[deg]11'34.07'' N, 076[deg]15'49.57'' W; 
44[deg]11'35.35'' N, 076[deg]16'47.50'' W; 44[deg]11'43.49'' N, 
076[deg]16'48.00'' W; 44[deg]11'57.11'' N, 076[deg]14'04.62'' W and 
back to the beginning point. These coordinates are based on WGS 84.
    (2) Tibbett's Island Anchorage Area. The waters bounded by a line 
connecting the following points, beginning at 44[deg]05'20.27'' N, 
076[deg]23'25''78[deg] W; thence to 44[deg]05'21.85'' N, 
076[deg]22'40.97'' W; thence to 44[deg]04'34.08'' N, 076[deg]23'09.98'' 
W; 44[deg]04'07.72'' N; 076[deg]23'33.76'' W; 44[deg]04'32.78'' N, 
076[deg]24'43.80'' W; 44[deg]05'44.37'' N, 076[deg]23'56.29'' W; 
44[deg]05'20.27'' N, 076[deg]23' 25.78'' W and back to the beginning 
point. These coordinates are based on WGS 84.
    (b) The Regulations. (1) Anchors must not be placed in the Saint 
Lawrence Seaway shipping channel. No portion of the hull or rigging may 
extend outside the limits of the anchorage area.
    (2) No vessel may occupy any general anchorage described in 
paragraph (a) of this section for a period longer than 10 days unless 
approval is obtained from the Captain of the Port for that purpose.
    (3) The COTP, or authorized representative, may require vessels to 
depart from the Anchorages described above before the expiration of the 
authorized or maximum stay. The COTP, or authorized representative, 
will provide at least 12-hour notice to a vessel required to depart the 
anchorages.

    Dated: January 11, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-02114 Filed 2-1-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                  4882                     Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules

                                                  2018 for which a valid election under                   U.S.C.    United States Code                          extend outside the limits of the
                                                  § 301.9100–22T is in effect.                            II. Background, Purpose, and Legal                    anchorage area.
                                                                                                                                                                  Whenever the maritime or
                                                  Kirsten Wielobob,                                       Basis
                                                                                                                                                                commercial interests of the United
                                                  Deputy Commissioner for Services and                      The Coast Guard proposes to establish               States so require, the Saint Lawrence
                                                  Enforcement.
                                                                                                          two anchorage grounds one in the                      Seaway Development Corporation or
                                                  [FR Doc. 2018–01989 Filed 2–1–18; 8:45 am]              vicinity of Carleton Island, New York                 their designated representative may
                                                  BILLING CODE 4830–01–P                                  and the second near Tibbetts Point, New               direct the movement of any vessel
                                                                                                          York. Each area has historically been                 anchored or moored within the
                                                                                                          used as an anchorage and the Saint                    anchorage area. The Coast Guard has
                                                  DEPARTMENT OF HOMELAND                                  Lawrence Seaway Development                           ascertained the view of the Buffalo, New
                                                  SECURITY                                                Corporation, at the request of its                    York District and Division Engineer,
                                                                                                          waterway users, has requested each area               Corps of Engineers, U.S. Army, about
                                                  Coast Guard                                             to be officially designated as Federal                the specific provisions of this proposed
                                                                                                          Anchorage Grounds.                                    rule.
                                                  33 CFR Part 110                                           Without this designation, pilots who                IV. Regulatory Analyses
                                                  [Docket Number USCG–2017–1125]                          anchor a ship in the respective areas are
                                                                                                          unable to disembark during sustained                    We developed this proposed rule after
                                                  RIN 1625–AA01                                                                                                 considering numerous statutes and
                                                                                                          delay periods which hinder compliance
                                                                                                          with rest requirements and complicate                 Executive Orders related to rulemaking.
                                                  Anchorage Grounds; Saint Lawrence
                                                                                                          pilot availability and logistics for other            Below we summarize our analyses
                                                  Seaway, Cape Vincent, New York
                                                                                                          vessels. The Coast Guard proposes this                based on a number of these statutes and
                                                  AGENCY:   Coast Guard, DHS.                             rulemaking under authority in 33 U.S.C.               Executive orders and we discuss First
                                                  ACTION:   Notice of proposed rulemaking.                471, 1221 through 1236, 2071; 33 CFR                  Amendment rights of protestors.
                                                                                                          1.05–1; Department of Homeland                        A. Regulatory Planning and Review
                                                  SUMMARY:   The Coast Guard proposes to                  Security Delegation No. 0170.1.
                                                  establish at the request of the Saint                                                                            Executive Orders 12866 and 13563
                                                  Lawrence Seaway Development                             III. Discussion of Proposed Rule                      direct agencies to assess the costs and
                                                  Corporation, two separate anchorage                                                                           benefits of available regulatory
                                                                                                             The Coast Guard is proposing to
                                                  grounds, Carleton Island Anchorage and                                                                        alternatives and, if regulation is
                                                                                                          establish two new anchorage areas to be
                                                  Tibbetts Point Anchorage, near Cape                                                                           necessary, to select regulatory
                                                                                                          known as Carleton Island Anchorage
                                                  Vincent, New York. The Federal                                                                                approaches that maximize net benefits.
                                                                                                          and Tibbetts Point Anchorage.
                                                  Anchorage Ground designations will                                                                            Executive Order 13563 emphasizes the
                                                                                                             The Carleton Island Anchorage would                importance of quantifying both costs
                                                  enable a pilot to disembark a safely                    be located just northeast and adjacent to
                                                  anchored vessel which will help reduce                                                                        and benefits, of reducing costs, of
                                                                                                          Carleton Island and Millen Bay. The                   harmonizing rules, and of promoting
                                                  pilot fatigue, increase pilot availability,             boundaries of Carleton Island
                                                  and reduce costs incurred by vessels                                                                          flexibility.
                                                                                                          Anchorage are presented in the                           Executive Order 13771 directs
                                                  transiting the Seaway. We invite your                   proposed regulatory text at the end of
                                                  comments on this proposed rulemaking.                                                                         agencies to control regulatory costs
                                                                                                          this document. The anchorage would be                 through a budgeting process. This
                                                  DATES: Comments and related material                    approximately .75 square miles.                       NPRM has not been designated a
                                                  must be received by the Coast Guard on                  Proposed Carleton Island Anchorage is                 ‘‘significant regulatory action,’’ under
                                                  or before May 3, 2018.                                  primarily intended for use by up-bound                Executive Order 12866. Accordingly,
                                                  ADDRESSES: You may submit comments                      inland or ocean going bulk freight and                the NPRM has not been reviewed by the
                                                  identified by docket number USCG–                       tank ships, towing vessels and barges                 Office of Management and Budget, and
                                                  2017–1125 using the Federal                             that need to anchor and wait for the                  pursuant to OMB guidance it is exempt
                                                  eRulemaking Portal at http://                           availability of a Lake Ontario Pilot.                 from the requirements of Executive
                                                  www.regulations.gov. See the ‘‘Public                   Under this proposed rule no anchors                   Order 13771.
                                                  Participation and Request for                           would be allowed to be placed in the                     We conclude that this proposed rule
                                                  Comments’’ portion of the                               channel and no portion of the hull or                 is not a significant regulatory action
                                                  SUPPLEMENTARY INFORMATION section for                   rigging would be allowed to extend                    based on the location and size of the
                                                  further instructions on submitting                      outside the limits of the anchorage area.             proposed anchorage grounds, as well as
                                                  comments.                                                  The Tibbetts Point Anchorage would                 the historical automatic identification
                                                  FOR FURTHER INFORMATION CONTACT:   If                   be located just west and adjacent to                  system (AIS) data. The impacts on
                                                  you have questions about this proposed                  Tibbetts Point and Fuller Bay. The                    routine navigation are expected to be
                                                  rulemaking, call or email Lieutenant                    boundaries of Tibbett’s Point Anchorage               minimal because the proposed
                                                  Jason Radcliffe, Ninth District,                        are presented in the proposed regulatory              anchorage grounds are located outside
                                                  Waterways Operations, U.S. Coast                        text at the end of this document. The                 the navigational channel. When not
                                                  Guard; telephone 216–902–6060, email                    anchorage would be approximately 1.5                  occupied, vessels would be able to
                                                  jason.a.radcliffe2@uscg.mil.                            square miles. Proposed Tibbett’s Point                maneuver in, around and through the
                                                                                                          Anchorage is primarily intended for use
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                anchorage.
                                                                                                          by down-bound inland or ocean going
                                                  I. Table of Abbreviations                               bulk freight and tank ships, towing                   B. Impact on Small Entities
                                                                                                          vessels and barges that need to anchor                  The Regulatory Flexibility Act of
                                                  CFR Code of Federal Regulations
                                                  DHS Department of Homeland Security
                                                                                                          and wait for the availability of a River              1980, 5 U.S.C. 601–612, as amended,
                                                  FR Federal Register                                     Pilot. Under this proposed rule no                    requires Federal agencies to consider
                                                  NPRM Notice of proposed rulemaking                      anchors would be allowed to be placed                 the potential impact of regulations on
                                                  Pub. L. Public Law                                      in the channel and no portion of the                  small entities during rulemaking. The
                                                  § Section                                               hull or rigging would be allowed to                   term ‘‘small entities’’ comprises small


                                             VerDate Sep<11>2014   16:38 Feb 01, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\02FEP1.SGM   02FEP1


                                                                           Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules                                            4883

                                                  businesses, not-for-profit organizations                Coordination with Indian Tribal                       V. Public Participation and Request for
                                                  that are independently owned and                        Governments, because it would not have                Comments
                                                  operated and are not dominant in their                  a substantial direct effect on one or
                                                  fields, and governmental jurisdictions                  more Indian tribes, on the relationship                  We view public participation as
                                                  with populations of less than 50,000.                   between the Federal Government and                    essential to effective rulemaking, and
                                                  The Coast Guard certifies under 5 U.S.C.                Indian tribes, or on the distribution of              will consider all comments and material
                                                  605(b) that this proposed rule would not                power and responsibilities between the                received during the comment period.
                                                  have a significant economic impact on                   Federal Government and Indian tribes.                 Your comment can help shape the
                                                  a substantial number of small entities.                 If you believe this proposed rule has                 outcome of this rulemaking. If you
                                                     The number of small entities                         implications for federalism or Indian                 submit a comment, please include the
                                                  impacted and the extent of the impact,                  tribes, please contact the person listed              docket number for this rulemaking,
                                                  if any, is expected to be minimal. The                  in the FOR FURTHER INFORMATION                        indicate the specific section of this
                                                  anchorage area is not routinely transited               CONTACT section.                                      document to which each comment
                                                  by vessels heading to, or returning from,                                                                     applies, and provide a reason for each
                                                                                                          E. Unfunded Mandates Reform Act                       suggestion or recommendation.
                                                  known fishing grounds. It is also not
                                                  used by small entities, including small                    The Unfunded Mandates Reform Act                      We encourage you to submit
                                                  vessels, for anchoring due to the depth                 of 1995 (2 U.S.C. 1531–1538) requires                 comments through the Federal
                                                  of water naturally present in the area.                 Federal agencies to assess the effects of             eRulemaking Portal at http://
                                                     If you think that your business,                     their discretionary regulatory actions. In            www.regulations.gov. If your material
                                                  organization, or governmental                           particular, the Act addresses actions                 cannot be submitted using http://
                                                  jurisdiction qualifies as a small entity                that may result in the expenditure by a               www.regulations.gov, contact the person
                                                  and that this rule would have a                         State, local, or tribal government, in the            in the FOR FURTHER INFORMATION
                                                  significant economic impact on it,                      aggregate, or by the private sector of                CONTACT section of this document for
                                                  please submit a comment (see                            $100,000,000 (adjusted for inflation) or              alternate instructions.
                                                  ADDRESSES) explaining why you think it                  more in any one year. Though this                        We accept anonymous comments. All
                                                  qualifies and how and to what degree                    proposed rule would not result in such                comments received will be posted
                                                  this rule would economically affect it.                 an expenditure, we do discuss the                     without change to http://
                                                     Under section 213(a) of the Small                    effects of this rule elsewhere in this                www.regulations.gov and will include
                                                  Business Regulatory Enforcement                         preamble.                                             any personal information you have
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                        provided. For more about privacy and
                                                  we want to assist small entities in                                                                           the docket, visit http://
                                                  understanding this proposed rule. If the                   We have analyzed this proposed rule
                                                                                                                                                                www.regulations.gov/privacyNotice.
                                                  rule would affect your small business,                  under Department of Homeland
                                                                                                          Security Directive 023–01, which guides                  Documents mentioned in this NPRM
                                                  organization, or governmental                                                                                 as being available in the docket, and all
                                                  jurisdiction and you have questions                     the Coast Guard in complying with the
                                                                                                          National Environmental Policy Act of                  public comments, will be in our online
                                                  concerning its provisions or options for                                                                      docket at http://www.regulations.gov
                                                  compliance, please contact the person                   1969 (42 U.S.C. 4321–4370f), and have
                                                                                                          made a preliminary determination that                 and can be viewed by following that
                                                  listed in the FOR FURTHER INFORMATION                                                                         website’s instructions. Additionally, if
                                                  CONTACT section. The Coast Guard will                   this action is one of a category of actions
                                                                                                          that do not individually or cumulatively              you go to the online docket and sign up
                                                  not retaliate against small entities that                                                                     for email alerts, you will be notified
                                                  question or complain about this                         have a significant effect on the human
                                                                                                          environment. This proposed rule                       when comments are posted or a final
                                                  proposed rule or any policy or action of                                                                      rule is published.
                                                  the Coast Guard.                                        involves the establishment of a
                                                                                                          permanent anchorage near Carleton                        We do not plan to hold a public
                                                  C. Collection of Information                            Island, New York. Normally such                       meeting. You may submit a request for
                                                    This proposed rule would not call for                 actions are categorically excluded from               a public meeting by contacting
                                                  a new collection of information under                   further review under paragraph L59(a)                 Lieutenant Radcliffe under the
                                                  the Paperwork Reduction Act of 1995                     of Appendix A, Table 1 of DHS                         ADDRESSES explaining why one would
                                                  (44 U.S.C. 3501–3520).                                  Instruction Manual 023–01–001–01,                     be beneficial. If we determine that one
                                                                                                          Rev. 01. A preliminary Record of                      would aid in this rulemaking, we will
                                                  D. Federalism and Indian Tribal                         Environmental Consideration                           hold one at a time and place announced
                                                  Governments                                             supporting this determination is                      by a later notice in the Federal Register.
                                                     A rule has implications for federalism               available in the docket where indicated               List of Subjects in 33 CFR Part 110
                                                  under Executive Order 13132,                            under ADDRESSES. We seek any
                                                  Federalism, if it has a substantial direct              comments or information that may lead                     Anchorage grounds.
                                                  effect on the States, on the relationship               to the discovery of a significant                       For the reasons discussed in the
                                                  between the national government and                     environmental impact from this                        preamble, the Coast Guard proposes to
                                                  the States, or on the distribution of                   proposed rule.                                        amend 33 CFR part 110 as follows:
                                                  power and responsibilities among the
                                                  various levels of government. We have                   G. Protest Activities
                                                                                                                                                                PART 110—ANCHORAGE
                                                  analyzed this proposed rule under that                    The Coast Guard respects the First
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                                                                                                                                                                REGULATIONS
                                                  Order and have determined that it is                    Amendment rights of protesters.
                                                  consistent with the fundamental                         Protesters are asked to contact the                   ■ 1. The authority citation for part 110
                                                  federalism principles and preemption                    person listed in the FOR FURTHER                      continues to read as follows:
                                                  requirements described in Executive                     INFORMATION CONTACT section to
                                                                                                          coordinate protest activities so that your              Authority: 33 U.S.C. 471, 1221 through
                                                  Order 13132.
                                                                                                                                                                1236, 2071; 33 CFR 1.05–1; Department of
                                                     Also, this proposed rule does not have               message can be received without                       Homeland Security Delegation No. 0170.1.
                                                  tribal implications under Executive                     jeopardizing the safety or security of
                                                  Order 13175, Consultation and                           people, places, or vessels.                           ■   2. Add § 110.209 to read as follows:


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                                                  4884                     Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules

                                                  § 110.209 Saint Lawrence Seaway                         ACTION: Announcement of public                        Advisor, by email at jslo@loc.gov. Each
                                                  Anchorages, NY.                                         hearings.                                             can be contacted by telephone by calling
                                                    (a) Carleton Island Anchorage; Saint                                                                        (202) 707–8350.
                                                  Lawrence River, Cape Vincent, New                       SUMMARY:    The United States Copyright
                                                                                                                                                                SUPPLEMENTARY INFORMATION: On June
                                                  York.                                                   Office will be holding public hearings as
                                                                                                          part of the seventh triennial rulemaking              30, 2017, the Copyright Office published
                                                    (1) Carleton Island Anchorage Area.                                                                         a notice of inquiry in the Federal
                                                  The waters bounded by a line                            proceeding under the Digital
                                                                                                          Millennium Copyright Act (‘‘DMCA’’)                   Register to initiate the seventh triennial
                                                  connecting the following, beginning at                                                                        rulemaking proceeding under 17 U.S.C.
                                                  44°11′57.11″ N, 076°14′04.62″ W; thence                 concerning possible exemptions to the
                                                                                                          DMCA’s prohibition against                            1201(a)(1), which provides that the
                                                  to 44°11′21.80″ N, 076°14′05.77″ W;
                                                                                                          circumvention of technological                        Librarian of Congress, upon
                                                  thence to 44°11′34.07″ N, 076°15′49.57″
                                                                                                          measures that control access to                       recommendation of the Register of
                                                  W; 44°11′35.35″ N, 076°16′47.50″ W;
                                                                                                          copyrighted works. The public hearings                Copyrights, may exempt certain classes
                                                  44°11′43.49″ N, 076°16′48.00″ W;
                                                                                                          will be held in April 2018 in                         of copyrighted works from the
                                                  44°11′57.11″ N, 076°14′04.62″ W and
                                                                                                          Washington, DC and Los Angeles.                       prohibition against circumventing a
                                                  back to the beginning point. These
                                                                                                          Parties interested in testifying at the               technological measure that controls
                                                  coordinates are based on WGS 84.
                                                    (2) Tibbett’s Island Anchorage Area.                  public hearings are invited to submit                 access to a copyrighted work. 82 FR
                                                  The waters bounded by a line                            requests to testify pursuant to the                   29804 (June 30, 2017). On October 26,
                                                  connecting the following points,                        instructions set forth below.                         2017, the Office published a notice of
                                                  beginning at 44°05′20.27″ N,                                                                                  proposed rulemaking setting forth
                                                                                                          DATES: The public hearings in
                                                  076°23′25″78° W; thence to 44°05′21.85″                                                                       proposed exemptions for twelve classes
                                                                                                          Washington, DC are scheduled for April                of works and requesting responsive
                                                  N, 076°22′40.97″ W; thence to                           10, 11, 12, and 13, 2018, on each day
                                                  44°04′34.08″ N, 076°23′09.98″ W;                                                                              comments. 82 FR 49550 (Oct. 26, 2017).
                                                                                                          from 9:00 a.m. to 5:00 p.m. The public                The responsive comments received thus
                                                  44°04′07.72″ N; 076°23′33.76″ W;                        hearings in Los Angeles are scheduled
                                                  44°04′32.78″ N, 076°24′43.80″ W;                                                                              far have been posted on the Office’s
                                                                                                          for April 23, 24, and 25, 2018, on each               website. See https://www.copyright.gov/
                                                  44°05′44.37″ N, 076°23′56.29″ W;                        day from 9:00 a.m. to 5:00 p.m. Requests
                                                  44°05′20.27″ N, 076°23′ 25.78″ W and                                                                          1201/2018/.
                                                                                                          to testify must be received no later than                At this time, the Office is announcing
                                                  back to the beginning point. These                      11:59 p.m. Eastern time on February 21,
                                                  coordinates are based on WGS 84.                                                                              public hearings to be held in
                                                                                                          2018. Although the Office currently                   Washington, DC and Los Angeles to
                                                    (b) The Regulations. (1) Anchors must                 anticipates up to four days of hearings
                                                  not be placed in the Saint Lawrence                                                                           further consider the proposed
                                                                                                          in Washington, DC and three days of                   exemptions. The Office plans to
                                                  Seaway shipping channel. No portion of                  hearings in Los Angeles, the Office may
                                                  the hull or rigging may extend outside                                                                        convene panels of witnesses for the
                                                                                                          adjust this schedule depending upon                   proposals to be considered, and may
                                                  the limits of the anchorage area.
                                                                                                          the number and nature of requests to                  combine certain panels if the witnesses
                                                    (2) No vessel may occupy any general
                                                  anchorage described in paragraph (a) of                 testify. Once the schedule of hearing                 and/or key issues substantially overlap.
                                                  this section for a period longer than 10                witnesses is finalized, the Office will               The Office will schedule panels for
                                                  days unless approval is obtained from                   notify all participants and post the times            particular exemptions in either
                                                  the Captain of the Port for that purpose.               and dates of the hearings at https://                 Washington, DC or Los Angeles unless
                                                    (3) The COTP, or authorized                           www.copyright.gov/1201/2018/.                         compelling circumstances require that a
                                                  representative, may require vessels to                  ADDRESSES: The Washington, DC                         proposed class be considered in both
                                                  depart from the Anchorages described                    hearings will be held in the Mumford                  cities. Limiting the discussion of each
                                                  above before the expiration of the                      Room of the James Madison Building of                 proposed class to one city or another
                                                  authorized or maximum stay. The                         the Library of Congress, 101                          will better ensure that witnesses can
                                                  COTP, or authorized representative, will                Independence Ave. SE, Washington, DC                  respond to the points made by others
                                                  provide at least 12-hour notice to a                    20540. The Los Angeles hearings will be               and avoid duplicative discussion. All of
                                                  vessel required to depart the                           held in Room 1314 of the UCLA School                  the hearings will be live streamed
                                                  anchorages.                                             of Law, 385 Charles E. Young Drive                    online. If no request to testify is
                                                    Dated: January 11, 2018.                              East, Los Angeles, CA 90095. Requests                 received for a proposed exemption, the
                                                  J.M. Nunan,
                                                                                                          to testify should be submitted through                Office will consider the class based on
                                                                                                          the request form available at https://                the written submissions and any ex-
                                                  Rear Admiral, U.S. Coast Guard, Commander,
                                                  Ninth Coast Guard District.
                                                                                                          www.copyright.gov/1201/2018/hearing-                  parte communications with interested
                                                                                                          request.html. Any person who is unable                parties (discussed below).
                                                  [FR Doc. 2018–02114 Filed 2–1–18; 8:45 am]
                                                                                                          to send a request via the website should
                                                  BILLING CODE 9110–04–P
                                                                                                          contact the Office using the contact                  A. Submitting Requests To Testify
                                                                                                          information below to make an                            A request to testify should be
                                                                                                          alternative arrangement for submission                submitted to the Copyright Office using
                                                  LIBRARY OF CONGRESS                                     of a request to testify. The                          the form on the Office’s website
                                                                                                          SUPPLEMENTARY INFORMATION section                     indicated in the ADDRESSES section
                                                  Copyright Office
                                                                                                          below includes additional instructions                above. Anyone wishing to testify with
                                                                                                          on submitting requests to testify.                    respect to more than one proposed class
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                                                  37 CFR Part 201
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      must submit a separate form for each
                                                  [Docket No. 2017–10]                                    Sarang Vijay Damle, General Counsel                   request. If multiple people from the
                                                                                                          and Associate Register of Copyrights, by              same organization wish to testify on
                                                  Exemptions To Permit Circumvention
                                                                                                          email at sdam@loc.gov, Regan A. Smith,                different panels, each should submit a
                                                  of Access Controls on Copyrighted
                                                                                                          Deputy General Counsel, by email at                   separate request for each panel. If
                                                  Works: Notice of Public Hearings
                                                                                                          resm@loc.gov, Anna Chauvet, Assistant                 multiple people from the same
                                                  AGENCY: U.S. Copyright Office, Library                  General Counsel, by email at achau@                   organization wish to testify on the same
                                                  of Congress.                                            loc.gov, or Jason E. Sloan, Attorney-                 panel, each should submit a request for


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Document Created: 2018-02-03 14:27:19
Document Modified: 2018-02-03 14:27:19
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 May 3, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Jason Radcliffe, Ninth District, Waterways Operations, U.S. Coast Guard; telephone 216-902- 6060, email [email protected]
FR Citation83 FR 4882 
RIN Number1625-AA01

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