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16 July 2008
[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Proposed Rules]
[Page 40800-40802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy08-29]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2008-0155]
RIN 1625-AA01
Anchorage Regulations; Port of New York
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to decrease the size of Romer Shoal
Anchorage Ground in Lower New York Bay. This action is necessary to
facilitate safe navigation in the area and to provide safe and secure
anchorages for vessels transiting this area. This proposal is intended
to increase the safety for life and property for the Port of New York,
improve the safety of anchored vessels, and provide for the overall
safe and efficient flow of commercial vessels and commerce.
DATES: Comments and related material must reach the Coast Guard on or
before September 15, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0155 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LCDR Michael McBrady, Chief, Waterways Management Division,
718-354-2353. If you have questions on viewing or submitting material
to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0155), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0155)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Waterways Management Division, Coast Guard Sector New
York, 212 Coast Guard Drive, room 210, Staten Island, New York 10305,
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The Sandy Hook Pilots Association through the New York/New Jersey
Harbor Safety Committee has requested the Coast Guard reduce the size
of federal anchorage ground 27(ii) near Romer Shoal located between
Ambrose and Swash Channels. The proposed eastern boundary of anchorage
ground 27(ii) would move the eastern boundary about 2,860 yards to the
west (inshore). The revised anchorage ground would be bound by the
following points: 40[deg]28'28.9'' N, 073[deg]56'46.0'' W; thence to
40[deg]29'48.1'' N, 073[deg]56'46.0'' W; thence to 40[deg]31'23.2'' N,
074[deg]00'51.0'' W; thence to 40[deg]32'11.5'' N, 074[deg]01'39.3'' W;
thence to 40[deg]32'12.4'' N, 074[deg]02'04.6'' W; thence to
40[deg]31'28.5'' N, 074[deg]02'05.0'' W; thence to 40[deg]30'14.2'' N,
074[deg]00'05.0'' W; thence to the point of origin (NAD 83).
Discussion of Proposed Rule
The Sandy Hook Pilots have observed foreign flag vessels, inbound
via the New York Traffic Separation Scheme (TSS), proceeding through
the Precautionary Area and the charted pilot area, sometimes at unsafe
speeds of up to 18 knots to anchor in the eastern portion of this
anchorage ground. The anchorage ground with charted water depths of
between 39-63 feet, has obstructions which have the potential to create
a grounding situation to certain types of vessels attempting to
[[Page 40801]]
anchor there. The Sandy Hook Pilots report that the majority of these
foreign flag vessel masters lack the local knowledge required to move
to this anchorage without pilot assist and language barriers make it
difficult for the pilots to communicate the potential danger to their
vessel. As stated, these ships are proceeding at greater speeds for
longer periods of time since they are not embarking a pilot enroute
this anchorage ground. This also creates hazardous conditions with
other vessels slowing down to embark and disembark pilots in the
adjacent offshore pilot area. Additionally, during periods of low
visibility the presence of an anchored ship in this rarely used section
of the anchorage may cause tight passing conditions between tugs and
their tows and larger recreational vessels entering or departing the
port. Moving the eastern boundary of this anchorage ground to the west
will reduce vessel congestion in the area and enhance transit safety
for vessels into and out of the Port of NY/NJ.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
This finding is based on the fact that the proposed change conforms
to the changing needs of commercial vessels and increasing commercial
vessel traffic within the Port of NY/NJ.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit through the charted Pilot
Area to anchor in the eastern end of anchorage ground 27(ii). This
revised anchorage ground would not have a significant economic impact
on a substantial number of small entities for the following reason:
These vessels would still be able to anchor in the northeastern
quadrant of the Precautionary Area as they have been for several years
now while awaiting orders, dock space, or inshore anchorage for
conducting lightering, bunkering, crew transfer, or other necessary
vessel operations. 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.
Assistance for Small Entities
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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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 LCDR Michael McBrady at 718-354-
2353. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
[[Page 40802]]
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
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.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
2. Amend Sec. 110.155, by revising paragraph (f)(2)(ii) to read as
follows:
Sec. 110.155 Port of New York.
* * * * *
(f) * * *
(2) * * *
(ii) Romer Shoal. All waters bound by the following points:
40[deg]28'28.9'' N, 073[deg]56'46.0'' W; thence to 40[deg]29'48.1'' N,
073[deg]56'46.0'' W; thence to 40[deg]31'23.2'' N, 074[deg]00' 51.0''
W; thence to 40[deg]32'11.5'' N, 074[deg]01'39.3'' W; thence to
40[deg]32'12.4'' N, 074[deg]02'04.6'' W; thence to 40[deg]31'28.5'' N,
074[deg]02'05.0'' W; thence to 40[deg]30'14.2'' N, 074[deg]00'05.0'' W;
thence to the point of origin (NAD 83).
* * * * *
Dated: May 7, 2008.
Timothy V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E8-16171 Filed 7-15-08; 8:45 am]
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