20524 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

the date of self-certification. After the 

initial certification period, the regulated 

person must update the self-certification 

annually. 

(c) The regulated person who makes 

a sale at retail of a scheduled listed 

chemical product and is required under 

§ 1310.03 of this chapter to submit a 

report of the sales transaction to the 

Attorney General must provide a 

separate certification for each place of 

business at which the regulated person 

sells scheduled listed chemical products 

at retail. 

■ 4. Section 1314.103 is added to read 

as follows: 

§ 1314.103 Self-certification fee; time and 

method of fee payment. 

(a) Each regulated person who makes 

a sale at retail of a scheduled listed 

chemical product and is required under 

§ 1310.03 of this chapter to submit a 

report of the sales transaction to the 

Administration must pay a fee for each 

self-certification. For each initial 

application to self-certify, and for the 

renewal of each existing selfcertification, a regulated seller shall pay 

a fee of $21. 

(b) The fee for self-certification shall 

be waived for any person holding a 

current, DEA registration in good 

standing as a pharmacy to dispense 

controlled substances. 

(c) A regulated person shall pay the 

fee at the time of self-certification. 

(d) Payment shall be made by credit 

card. 

(e) The self-certification fee is not 

refundable. 

Dated: April 8, 2011. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2011–9016 Filed 4–12–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9515] 

RIN 1545–BH20 

Guidance Under Section 1502; 

Amendment of Matching Rule for 

Certain Gains on Member Stock 

Correction 

In rule document 2011–4846 

appearing on pages 11956–11959 in the 

issue of Friday, March 4, 2011, make the 

following corrections: 

1. On page 11956, in the third 

column, under the Background heading, 

in the third line, ‘‘See’’ should read 

‘‘See’’. 

2. On page 11957, in the first column, 

in the sixth line from the top, ‘‘See’’ 

should read ‘‘See’’. 

PART 1—[CORRECTED] 

3. On page 11958, in the first column, 

in the fourth line, in amendatory 

instruction 3., ‘‘Paragraph (c)(7(iii)’’ 

should read ‘‘Paragraph (c)(7)(iii)’’. 

§ 1.1502–13 [Corrected] 

4. On the same page, in § 1.502– 

13(c)(7)(ii), in Example 16(b), in the 

third column, in the 36th line, ‘‘See’’ 

should read ‘‘See’’. 

5. On the same page, in § 1.502– 

13(c)(7)(ii), in Example 17(b), in the 

third column, in the fourth line from the 

bottom, ‘‘See’’ should read ‘‘See’’. 

6. On page 11959, in § 1.502– 

13(c)(7)(ii), in Example 17(b), in the first 

column, in the 16th line from the top, 

‘‘See’’ should read ‘‘See’’. 

7. On the same page, in § 1.502– 

13(c)(7)(iii)(B), in the first column, in 

the third line, ‘‘see’’ should read ‘‘see’’. 

8. On the same page, in § 1.502– 

13(c)(7)(iii)(B), in the first column, in 

the seventh line, ‘‘see’’ should read ‘‘see’’. 

§ 1.502–13T [Corrected] 

9. On the same page, in § 1.502– 

13T(a), in the first column, in the 

second line, ‘‘see’’ should read ‘‘see’’. 

10. On the same page, in § 1.502– 

13T(a)(B)(2), in the second column, in 

the 14th line, ‘‘see’’ should read ‘‘see’’. 

11. On the same page, in § 1.502–13T, 

in the second column, in paragraph 

(f)(5)(ii)(B)(3) through (f)(5)(ii)(E), in the 

second line, ‘‘see’’ should read ‘‘see’’. 

12. On the same page, in § 1.502– 

13T(a)(F)(2), in the second column, in 

the third line, ‘‘see’’ should read ‘‘see’’. 

[FR Doc. C1–2011–4846 Filed 4–12–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–1082] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is revising 

Anchorage Ground No. 19 located east 

of the Weehawken-Edgewater Federal 

Channel on the Hudson River. The 

revision is necessary to facilitate safe 

navigation and provide safe and secure 

anchorages for vessels operating in the 

area. This action is intended to increase 

the safety of life and property of both 

the anchored vessels and those 

operating in the area as well as to 

provide for the overall safe and efficient 

flow of commerce. 

DATES: This rule is effective May 13, 

2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–1082 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–1082 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Jeff Yunker, Coast Guard 

Sector New York, Waterways 

Management Division; telephone 

718–354–4195, e-mail 

Jeff.M.Yunker@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On September 18, 2009, we published 

a notice of proposed rulemaking 

(NPRM) entitled Anchorage Regulations; 

Port of New York in the Federal 

Register (74 FR 47906). We received one 

comment on the NPRM. No public 

meeting was requested and none was 

held. On April 28, 2010, we published 

a supplemental notice of proposed 

rulemaking (SNPRM) entitled 

Anchorage Regulations; Port of New 

York in the Federal Register (75 FR 

22323). We received one comment on 

the SNPRM. A public meeting was 

requested by the New York City 

Department of Parks and Recreation 

(NYC Parks) but the Coast Guard 

determined a public meeting was not 

necessary in this case. Instead, a 

meeting with representatives from the 

NYC Parks, Sandy Hook Pilots 

Association, and U.S. Army Corps of 

Engineers New York District was held 

on August 31, 2010, to discuss their 

comment in relation to commercial 


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vessel operations in this area of the 

Hudson River. The results of the 

meeting are discussed in the Discussion 

of Comments and Changes section. 

Basis and Purpose 

The Hudson River Pilots Association, 

through the Port of New York/New 

Jersey Harbor Safety, Navigation and 

Operations Committee, has had several 

discussions with the Coast Guard over 

the years examining the possibility of 

relocating Anchorage Ground 

No. 19; two years ago they requested 

that the Coast Guard formally revise the 

boundaries of Anchorage Ground No. 

19, which is located on the Hudson 

River, east of the Weehawken-Edgewater 

Federal Channel and south of the 

George Washington Bridge. 

Due to severe recurring shoaling 

within the Weehawken-Edgewater 

Federal Channel, the Hudson River 

Pilots requested and received 

authorization from the Coast Guard and 

Army Corps of Engineers (ACOE) to 

pilot vessels through the deeper and 

safer water located within the 

boundaries of Anchorage Ground No. 

19. 

Background 

Due to shoaling, the March 2007 

ACOE survey verified a controlling 

depth of 27 feet in the right outside 

quarter of the Weehawken-Edgewater 

Federal Channel where vessels bound 

for ports north of New York City would 

have to transit. As published by the 

ACOE Institute for Water Resources, 

vessels with drafts of up to 34 feet 

routinely transit the Hudson River. In 

calendar year 2006, there were 6,562 

transits on the Hudson River between 

the mouth of the Harlem River and 

Waterford, NY by vessels with a draft of 

27 feet or greater. In 2007, the number 

of transits was 4,120. In 2008, there 

were 120 transits. Vessels with a draft 

of 27 feet or greater would be required 

to transit through the deeper water 

which is within the current boundaries 

of Anchorage Ground No. 19. 

Anchorage Ground No. 19 is the 

closest Anchorage Ground available for 

use when there is no space for 

temporary anchoring within the Upper 

New York Bay Anchorage Grounds. 

Hence, these vessels transit to 

Anchorage Ground No. 19 to await a 

berth, or orders, to minimize fuel 

consumption and provide an orderly 

flow of commerce within the harbor and 

the New England region. Tug and barge 

traffic within the harbor has increased 

37% since 1991, concurrently 

increasing use of the anchorage. 

On October 14, 2008, the Coast Guard 

Captain of the Port New York issued an 

Advisory Notice notifying the maritime 

community that, in accordance with 33 

CFR 110.155(c)(5)(i), vessels would only 

be allowed to anchor on the western 

boundary of Anchorage Ground No. 19. 

This temporary solution was necessary 

to facilitate deep draft vessel transits 

through the eastern portion of 

Anchorage Ground No. 19. 

On September 18, 2009, the Coast 

Guard published a Notice of Proposed 

Rulemaking (NPRM) titled ‘‘Anchorage 

Regulations; Port of New York’’ (Docket 

number USCG–2008–1082) in the 

Federal Register (74 FR 47906). The 

proposal sought to amend Anchorage 

Ground No. 19 by dividing it into two 

separate anchorages (Anchorage Ground 

No. 19 East and Anchorage Ground No. 

19 West), thereby relocating the majority 

of the anchorage area to the western side 

of the Hudson River. 

The relocation of the anchorage 

would allow deep draft vessels to transit 

the deeper water without having to 

transit through the existing Anchorage 

Ground No. 19. 

In that NPRM, it was stated that the 

ACOE would relocate the WeehawkenEdgewater Federal Channel to the east 

of its current location and the Coast 

Guard would relocate Anchorage 

Ground No. 19 to the west of its current 

location. 

After the publication of the NPRM, 

the ACOE advised the Coast Guard that 

it did not intend to seek Congressional 

action to de-authorize the WeehawkenEdgewater Federal Channel. However, 

the ACOE also advised that it does not 

object to the Coast Guard establishing an 

Anchorage Ground in the existing 

Weehawken-Edgewater Federal 

Channel. 

Consequently, to facilitate safe 

navigation of deep draft vessels, the 

Coast Guard published a supplemental 

notice of proposed rulemaking (SNPRM) 

titled ‘‘Anchorage Regulations; Port of 

New York’’ in the Federal Register on 

April 28, 2010 (75 FR 22323) revising its 

proposal to disestablish Anchorage 

Ground No. 19 and establish two 

separate anchorage grounds, Anchorage 

Ground No. 19 East and Anchorage 

Ground No. 19 West. This would be 

accomplished by dividing Anchorage 

Ground No. 19 into an east and a west 

portion and relocating the majority of 

the anchorage area (new Anchorage 

Ground No. 19 West) from the eastern 

half of the Hudson River to the western 

half closer to the New Jersey shore (over 

the Weehawken-Edgewater Federal 

Channel). The following graphics 

display the current boundary of 

Anchorage Ground No. 19 and the 

revised boundaries of Anchorage 

Grounds No. 19 East and No. 19 West: 

BILLING CODE 9110–04–P 


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BILLING CODE 9110–04–C 

Disestablishing Anchorage Ground 

No. 19 and establishing Anchorage 

Ground No. 19 East and Anchorage 

Ground No. 19 West creates a 400 yard 

wide area of deeper water between the 

newly established anchorage grounds. 

This change allows deep draft vessels to 

transit the deeper water of the Hudson 

River without having to transit through 

an existing anchorage ground. 

The Weehawken-Edgewater Federal 

Channel is authorized by Congress, and 

constructed and maintained by the 

ACOE. The ACOE has advised the Coast 

Guard that no portion of the 

Weehawken-Edgewater Federal Channel 

will be relocated in conjunction with 

the reapportionment, relocation and 

establishment of Anchorage Ground No. 

19 East and West. The ACOE has further 

advised that establishment of an 

anchorage ground in the WeehawkenEdgewater Federal Channel is not 

expected to impede navigation or result 

in a need to maintain channel depth 

because the Weehawken-Edgewater 

Federal Channel currently supports no 

commercial vessel traffic. 

According to the ACOE the 

Weehawken-Edgewater Federal Channel 

was originally intended to support 

commercial vessel traffic on the New 

Jersey waterfront in the vicinity of the 

Channel. However, due to changes in 

shoreline usage from industrial to 

residential and recreational, the original 

intent of the Channel no longer exists. 

As a result there has not been a need to 

dredge the Weehawken-Edgewater 

Federal Channel segment to its 

authorized depth since it was last 

dredged in 1994. 

The ACOE further advised that it does 

not appear likely that a need will arise 

in the foreseeable future to maintain the 

channel for commercial vessel traffic 

intending to access New Jersey 

waterfront and shore facilities. 

However, should a need recur in the 

future to accommodate commercial 

traffic, the use of the areas as anchorage 

grounds would be re-evaluated. 

In the interest of safe navigation and 

to minimize confusion, the ACOE and 

the USCG will request that the National 

Oceanic and Atmospheric 

Administration (NOAA) remove the 

Weehawken-Edgewater Federal Channel 

designation from NOAA charts. In 

addition, the Coast Guard will request 

chart corrections removing the 

Anchorage Ground No. 19 boundary 

line designation and adding the 

boundary lines for the revised 

Anchorage Ground No. 19 East and 

Anchorage Ground No. 19 West. 

Discussion of Comments and Changes 

The Coast Guard received one 

comment on the NPRM from the U.S. 

Army Corps of Engineers (ACOE). In 

that NPRM, the Coast Guard stated that 

the ACOE would relocate the 

Weehawken-Edgewater Channel to the 

east of its current location and the Coast 

Guard would relocate Anchorage 


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Ground No. 19 to the west of its current 

location. 

After the publication of the NPRM, 

the ACOE advised the Coast Guard that 

it did not intend to seek Congressional 

action to de-authorize the WeehawkenEdgewater Channel. However, the ACOE 

also advised that it did not object to the 

Coast Guard establishing an Anchorage 

Ground in the existing WeehawkenEdgewater Channel. 

Consequently, the Coast Guard 

revised its proposal and published a 

Supplemental Notice of Proposed 

Rulemaking (SNPRM) seeking to 

disestablish Anchorage Ground No. 19 

and establish two separate anchorage 

grounds, Anchorage Ground No. 19 East 

and Anchorage Ground No. 19 West. 

The Coast Guard received one 

comment on the SNPRM from the New 

York City Parks and Recreation 

Department (NYC Parks). 

NYC Parks requested clarification that 

this rulemaking would not impact their 

recreational mooring fields along the 

Manhattan shoreline north and south of 

the 79th Street Boat Basin. NYC Parks 

is still authorized to administer the 

mooring fields along the Manhattan 

shoreline; therefore, the use of these 

mooring fields will not be affected by 

this rule. In addition, the Coast Guard 

will submit chart corrections to be 

published to identify these mooring 

fields on government navigation charts. 

NYC Parks further requested that the 

two mooring fields be designated as 

special anchorage areas as part of the 

current rule. The Coast Guard is 

currently reviewing NYC Parks’ request 

to designate the two mooring fields as 

special anchorage areas; however any 

designation of the two mooring fields as 

special anchorage areas would be done 

as part of a separate rulemaking process. 

NYC Parks requested clarification that 

this rulemaking would potentially 

eliminate 452 acres of open vessel 

anchorage area and eliminate the 

mooring fields north and south of the 

79th Street Boat Basin. As stated above 

the use of the NYC Parks mooring fields 

will not be affected by this rule. The 452 

acres of Anchorage Ground No. 19 being 

disestablished were intended for the use 

of commercial shipping and not 

recreational vessels that use the 79th 

Street Boat Basin and mooring fields 

along the Manhattan shoreline. 

NYC Parks commented that this 

rulemaking would potentially 

jeopardize their ability to fund and 

service the marina due to the removal of 

their mooring fields. This rulemaking 

will not potentially jeopardize NYC 

Parks’ ability to fund and service the 

marina due to the removal of the 

mooring fields because the mooring 

fields are not being removed or 

impacted in any way. 

NYC Parks commented that Riverside 

Park concessions would be negatively 

impacted, and Riverside Park itself 

would lose one of its engaging and 

popular features. Riverside Park will not 

be impacted by this rulemaking as NYC 

Parks is still authorized to administer 

their mooring fields. Marine events and 

recreational boating usage will continue 

to be administered on a not to interfere 

basis with commercial shipping and 

Tugs/Barges as stated below. 

NYC Parks requested that these rules 

be revised to protect the right of 

recreational boaters to use these waters 

and that the mooring fields be 

designated as Special Anchorage Areas 

for these purposes. NYC Parks is still 

authorized to administer their two 

mooring fields along the Manhattan 

shoreline, north and south of the 79th 

Street Boat Basin. Chart corrections will 

be submitted by the Coast Guard to 

display these mooring fields on the 

navigation charts. In addition, the USCG 

is reviewing NYC Parks request to 

establish two Special Anchorage Areas 

north and south of the 79th Street Boat 

Basin. 

NYC Parks commented that the transit 

of commercial tugs and barges in closer 

proximity to the 70-year-old boat basin 

and mooring fields would exacerbate 

the damages and impacts caused by 

large wakes of passing vessels on the 

Hudson River. At the meeting held with 

NYC Parks on August 13, 2010, the 

Sandy Hook Pilots representative stated 

that they have been piloting vessels 

along the current route, east of the 

Weehawken-Edgewater Federal 

Channel, through Anchorage Ground 

No. 19, on a continual basis since before 

the 1970s. In addition, tugs and barges 

have always been authorized to transit 

through Anchorage Ground No. 19, 

whether to anchor in a position near the 

79th Street Boat Basin, or to continue 

their transit through the Hudson River. 

Since under this rule tugs and barges 

will be anchoring further away from the 

79th Street Boat Basin and deep draft 

transits through the area are down from 

previous years, as noted by the ACOE 

Institute for Water Resources, the Coast 

Guard believes that this rule will 

alleviate impacts from wakes on the 

boat basin and mooring field. 

NYC Parks commented that this 

revision may seriously impact 

established marine events and a growing 

number of recreational users in the area. 

As previously stated the Sandy Hook 

Pilots have been using this transit route 

through the current Anchorage Ground 

No. 19 since before the 1970s. 

Additionally, the area was always 

available for use as an Anchorage 

Ground by vessels not constrained by 

draft. Marine Event permits have been 

issued for events held in the Anchorage 

Ground as long as the participants 

abided by the Inland Navigation Rules 

and did not interfere with commercial 

navigation within the Anchorage 

Ground. 

As previously stated Anchorage 

Ground No. 19 was established over 20 

years prior to the 79th Street Boat Basin 

and mooring fields. Due to the 

fluctuation of commercial vessel traffic 

on the Hudson River, and based upon 

changing economic conditions, demand 

for home heating oil, etc, the USCG may 

not always be able to approve marine 

event applications in this area of the 

Hudson River regardless of the 

Anchorage Ground configuration. 

NYC Parks requested a public meeting 

be held. A public meeting was not held 

since the written comments clearly 

expressed the views of the commenter 

and oral presentations would not aid the 

rulemaking process. 

Finally, this rule intends to reflect 

and formalize past and current vessel 

navigation practices through the waters 

within Anchorage Ground No. 19. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, 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 minimal additional cost 

impacts to the industry because this rule 

is not imposing fees, permits, or 

specialized requirements for the 

maritime industry to utilize these 

anchorage areas. This rule is revising 

the Anchorage Ground No. 19 in order 

to facilitate safe navigation and provide 

safe and secure anchorages for vessels 

operating in the area. This revision 

would allow deep draft vessels to transit 

the deeper water without having to 

transit through an anchorage ground. 

This would improve safety for small 

vessels using the anchorage grounds and 

would facilitate the transit of deep draft 

vessels. 


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Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit through the 

Anchorage Grounds 19 East and 19 

West. Vessels intending to anchor in the 

current Anchorage Ground No. 19 will 

still be able to anchor in the revised 

Anchorage Ground No. 19 East or No. 19 

West. NYC Parks will still be authorized 

to administer recreational mooring 

fields located along the Manhattan 

shoreline, north and south of the 79th 

Street Boat Basin. The labeling of these 

mooring fields on Government 

navigation charts will create a positive 

impact in the area by increasing 

awareness of the location of smaller 

recreational vessels. Additionally, the 

recreational vessels will no longer have 

to maneuver around larger anchored 

vessels when entering, or departing, the 

79th Street Boat Basin or mooring fields. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

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. 

Collection of Information 

This rule calls 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 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 (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. 

Taking of Private Property 

This rule will not cause 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 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this 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 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(f), of the Instruction as this rule 

involves changing the size of an existing 

anchorage ground and dividing it into 

two separate anchorage areas resulting 

in a reduction in the overall size of the 

anchorage areas. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 


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the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard is amending 

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 § 110.155, by revising 

paragraph (c)(5) to read as follows: 

§ 110.155 Port of New York. 

* * * * * 

(c) * * * 

(5) Anchorages No. 19 East and 19 

West. 

(i) Anchorage No. 19 East. All waters 

of the Hudson River bound by the 

following points: 40°49′42.6′′ N, 

073°57′14.7′′ W; thence to 40°49′45.9′′ N, 

073°57′22.0′′ W; thence to 40°49′52.0′′ N, 

073°57′22.0′′ W; thence to 40°50′08.3′′ N, 

073°57′10.8′′ W; thence to 40°50′55.4′′ N, 

073°56′59.7′′ W; thence to 40°51′02.5′′ N, 

073°56′57.4′′ W; thence to 40°51′00.8′′ N, 

073°56′49.4′′ W; thence along the 

shoreline to the point of origin. 

(ii) Anchorage No. 19 West. All waters 

of the Hudson River bound by the 

following points: 40°46′56.3′′ N, 

073°59′42.2′′ W; thence to 40°47′36.9′′ N, 

073°59′11.7′′ W; thence to 40°49′31.3′′ N, 

073°57′43.8′′ W; thence to 40°49′40.2′′ N, 

073°57′37.6′′ W; thence to 40°49′52.4′′ N, 

073°57′37.6′′ W; thence to 40°49′57.7′′ N, 

073°57′47.3′′ W; thence to 40°49′32.2′′ N, 

073°58′12.9′′ W; thence to 40°49′00.7′′ N, 

073°58′33.1′′ W; thence to 40°48′28.7′′ N, 

073°58′53.8′′ W; thence to 40°47′38.2′′ N, 

073°59′31.2′′ W; thence to 40°47′02.7′′ N, 

073°59′57.4′′ W; thence to the point of 

origin. 

(iii) The following regulations apply 

to 33 CFR 110.155(c)(5)(i) and (ii): 

(A) No vessel may conduct lightering 

operations in these anchorage grounds 

without permission from the Captain of 

the Port. When lightering is authorized, 

the Captain of the Port New York must 

be notified at least four hours in 

advance of a vessel conducting 

lightering operations as required by 

156.118 of this title. 

(B) Any vessel conducting lightering 

or bunkering operations shall display by 

day a red flag (46 CFR 35.30–1; Pub 102; 

International Code of Signals signaling 

instructions) at its mast head or at least 

10 feet above the upper deck if the 

vessel has no mast, and by night the flag 

must be illuminated by spotlight. These 

signals shall be in addition to day 

signals, lights and whistle signals as 

required by rules 30 (33 U.S.C 2030 and 

33 CFR 83.30) and 35 (33 USC 2035 and 

33 CFR 83.35) of the Inland Navigation 

Rules when at anchor in a general 

anchorage area. 

(C) Within an anchorage, fishing and 

navigation are prohibited within 500 

yards of an anchored vessel displaying 

a red flag. 

(D) These anchorage grounds are only 

authorized for use by tugs and/or barges. 

(E) No vessel may occupy this 

anchorage ground for a period of time in 

excess of 96 hours without prior 

approval of the Captain of the Port. 

(F) No vessel may anchor in 

Anchorage No. 19 East or No. 19 West 

without permission from the Captain of 

the Port. 

(G) Each vessel shall report its 

position within Anchorage No. 19 East 

or No. 19 West to the Captain of the Port 

immediately after anchoring. 

(H) All coordinates referenced use 

datum: NAD 83. 

* * * * * 

Dated: March 28, 2011. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2011–8827 Filed 4–12–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0132] 

RIN 1625–AA00 

Safety Zone; Boom Days, Buffalo 

Outer Harbor, Buffalo, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Buffalo Outer Harbor, Buffalo, NY 

for the Boom Days Fireworks. This zone 

is intended to restrict vessels from 

Doug’s Dive, the NFTA small boat 

harbor and a portion of the Buffalo 

Outer Harbor, Buffalo, NY during the 

Boom Days Fireworks on April 16, 2011. 

This temporary safety zone is necessary 

to protect spectators and vessels from 

the hazards associated with a firework 

display. 

DATES: This rule is effective on April 16, 

2011 from 8 p.m. through 9:30 p.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2011– 

0132 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0132 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail MST3 Rory Boyle, 

Marine Events Coordinator, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9343, e-mail rory.c.boyle@uscg.mil. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

awaiting a comment period to run 

would be impractical and contrary to 

the public interest in that it would 

prevent the Captain of the Port Buffalo 

from performing the function of keeping 

the boating public safe from the hazards 

associated with a maritime fireworks 

display. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment. Therefore, awaiting a 

30 day effective period to run is 

impracticable and contrary to the public 

interest in that it would prevent the 

Captain of the Port Buffalo from 

protecting persons and vessels involved 

in and observing the event. 


emcdonald on DSK2BSOYB1PROD with RULES