69524 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

Dated: November 18, 2004.

Steven D. Vaughn,

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine.

[FR Doc. 04–26380 Filed 11–29–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[TTB T.D.–18; Re: Notice No. 14] 

RIN: 1513–AA50 

Establishment of the Dundee Hills 

Viticultural Area (2002R–218P)

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau (TTB), Treasury.

ACTION: Final rule; Treasury decision.

SUMMARY: This Treasury decision 

establishes the Dundee Hills viticultural 

area in Yamhill County, Oregon. This 

new area is entirely within the existing 

Willamette Valley viticultural area. We 

designate viticultural areas to allow 

vintners to better describe the origin of 

their wines and to allow consumers to 

better identify wines they may 

purchase.

EFFECTIVE DATES: January 31, 2005.

FOR FURTHER INFORMATION CONTACT: N. 

A. Sutton, Regulations and Procedures 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 925 Lakeville St., #158, 

Petaluma, CA 94952; telephone 415–

271–1254.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (the FAA Act, 27 

U.S.C. 201 et seq.) requires that alcohol 

beverage labels provide the consumer 

with adequate information regarding a 

product’s identity and prohibits the use 

of misleading information on such 

labels. The FAA Act also authorizes the 

Secretary of the Treasury to issue 

regulations to carry out its provisions. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers these 

regulations. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 

allow vintners and consumers to 

attribute a given quality, reputation, or 

other characteristic of a wine made from 

grapes grown in an area to its 

geographic origin. The establishment of 

viticultural areas allows vintners to 

describe more accurately the origin of 

their wines to consumers and helps 

consumers to identify wines they may 

purchase. Establishment of a viticultural 

area is neither an approval nor an 

endorsement by TTB of the wine 

produced in that area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 

Section 9.3(b) of the TTB regulations 

requires the petition to include—

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the 

geographical features, such as climate, 

soils, elevation, and physical features, 

that distinguish the proposed 

viticultural area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 

• A copy of the appropriate USGS 

map(s) with the proposed viticultural 

area’s boundary prominently marked. 

Dundee Hills Petition 

General Background 

In 2002, TTB received a petition from 

Alex Sokol Blosser, secretary of the 

North Willamette Valley AVA Group, 

proposing the establishment of the 

6,490-acre ‘‘Red Hills’’ viticultural area 

in Yamhill County, Oregon. As 

explained below, the petitioner 

subsequently amended the area’s name 

to ‘‘Dundee Hills.’’ Located in northwest 

Oregon near the town of Newberg, the 

Dundee Hills viticultural area is about 

28 miles southwest of Portland and 40 

miles inland from the Pacific Ocean. 

The Dundee Hills area is entirely within 

the established Willamette Valley 

viticultural area (27 CFR 9.90). At the 

time of the petition, the Dundee area 

had 1,264 acres planted to grapes, with 

another 800 acres available for future 

vineyard use. 

The Dundee Hills rise above the low, 

flat floors of the surrounding Willamette 

and Chehalem Valleys. These hills 

generally have peaks above 700 feet, 

with the highest peak rising to 1,067 

feet. In addition to their higher 

elevation, warmer nighttime 

temperatures and less low-elevation fog 

and frost distinguish the Dundee Hills 

area from the surrounding valleys. 

Below, we summarize the evidence 

presented in the petition. 

Name Evidence 

The North Willamette Valley AVA 

Group originally proposed the name 

‘‘Red Hills,’’ for this area, but after 

learning of other petitioners proposing 

the same (or a similar) name for other 

viticultural areas, the Group amended 

its petitioned name to ‘‘Red Hills of 

Dundee.’’ The Group later amended its 

petitioned name to ‘‘Dundee Hills’’ to 

avoid possible confusion with other 

domestic and international ‘‘Red Hill’’

or ‘‘Red Hills’’ viticultural regions. 

The amended petition included 

evidence showing that local residents, 

vintners, and others know the region as 

the ‘‘Dundee Hills.’’ The October 2002 

Yamhill County, Oregon, Verizon Super 

Pages telephone book includes ‘‘Dundee 

Hills Estate,’’ while the ‘‘Shop 

Newberg’’ Web site lists ‘‘Dundee Hills 

Farm.’’ Ellen McCornack’s March 1912, 

Oregon Historical Society Quarterly 

article, ‘‘A Glimpse into Prehistoric 

Oregon,’’ explains the Willamette Valley 

was a large, prehistoric body of water, 

and that ‘‘[a]cross a narrow straight from 

Chehalem was the island of the Dundee 

Hills * * *.’’

‘‘In with the New World,’’ an article 

in the fall/winter 1998 issue of Wine 

Press Northwest, lists several pioneer 

Oregon wine growers, including David 

Lett, who arrived in 1965 with:

a degree in viticulture from the University of 

California-Davis and a plan to find a cool 

climate suitable for planting pinot noir and 

other varieties from Burgundy. Lett decided 

on the Dundee Hills in the Willamette Valley 

* * *. Another early pioneer is Dick Erath of 

Erath Vineyards, also still producing great 

wine in the Dundee Hills near Newberg.

Fred Delkin, in a 2002 Oregon 

Magazine article, ‘‘Papa Pinot Still 

Preaching Gospel That Created an 

Industry,’’ also notes that, in 1966, Lett 

planted ‘‘Pinot Noir and its cousin, 

Pinot Gris, in the Dundee hills area.’’ A 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69525

November 14, 2002, Seattle Times 

article, ‘‘Wine Is the Main Course this 

Thanksgiving Celebration,’’ adds, ‘‘Erath 

Vineyards, high in the Dundee hills, is 

one of the Willamette Valley’s pioneer 

wineries.’’

The 1989 Parker’s Wine Buyer’s 

Guide explains, ‘‘Pinot Noir from the 

Dundee Hills, a subregion of the 

Willamette Valley, has a more 

herbaceous, bing-cherry fruitiness’’

(page 814). In Marne Coggan’s 

Vineyards and Winery Management 

article, ‘‘Vineyard Land Values Part 2: 

What’s Happening Beyond the North 

Coast’’ (Vol. 27, No. 4, 2001), states:

The premier Oregon wine growing area is 

called the Dundee Hills * * *. Vacant land 

values in the Dundee Hills have climbed 

from $8,000–$10,000 to $10,000–$15,000 per 

acre. But those prices drop dramatically as 

you head south toward Salem and the Polk 

County area, where values are probably half 

of the Dundee Hills levels.

The October 2001 Oregon Wine 

Magazine article (page 20) describes a 

French-owned gravity-fed winery, 

Domaine Drouhin, which ‘‘clings to the 

heights of the Dundee Hills.’’

Boundary Evidence 

The Dundee Hills viticultural area’s 

boundaries are based on a number of 

distinguishing features, including 

elevation, terrain, climate, and soils, as 

well as the modern viticultural history 

of the area. 

The Dundee Hills viticultural area 

consists of a single, continuous uplifted 

landmass that rises above the 

surrounding valley floors. The lower 

and flatter land along the Willamette 

River and its tributary, the Yamhill 

River, defines the Dundee Hills 

viticultural area to the east and south. 

Millican Creek, a southward flowing 

tributary of the Yamhill River, and a 

smaller drainage flowing north into 

Chehalem Creek, which empties into the 

Willamette River, border the hills to the 

west. The Chehalem Valley defines the 

northern limits of Dundee Hills. 

The viticultural area’s boundary is an 

irregular circle encompassing the 

Dundee Hills. The 200-foot contour line 

constitutes most of the boundary, which 

divides the base of the hills’ slopes from 

the surrounding valley floors. On much 

of the area’s western side, a roadway 

that varies between 200 and 300 feet in 

elevation is used in lieu of the 200-foot 

elevation line, which meanders far from 

the logical perimeter of the Dundee 

Hills viticultural area. 

Portions of the towns of Dundee and 

Lafayette, where the Dundee Hills area’s 

200-foot elevation boundary crosses the 

towns’ boundaries, are included within 

the viticultural area. Oregon State Route 

99W, a heavy-duty road to the east and 

south of Dundee Hills, and State Route 

240, a medium-duty road to the north, 

are generally outside the established 

boundary line, but occasionally cross 

into the viticultural area. The town of 

Dundee straddles the area’s eastern 

border, the Yamhill River runs near its 

southern boundary, Millican Creek and 

the Trappist Abbey of Our Lady of 

Guadalupe anchor its west side, and the 

Chehalem Valley lies beyond its 

northern boundary. 

Viticultural Growth 

Wine grapes planted in 1969 at Erath 

Vineyards produced 216 cases of Pinot 

noir in 1972, and, in 1971, five acres of 

Pinot noir grapes were planted at the 

Sokol Blosser vineyard. Statistics from 

the petition show the viticultural 

growth of the proposed Dundee Hills 

area:

VITICULTURAL GROWTH IN DUNDEE HILLS AREA

Decade

ending

1980 

Decade

ending

1990 

Decade

ending

2000 

As of 2002 

Acreage ............................................................................................................ 299 577 1,161 1,264 

Vineyards ......................................................................................................... 13 22 38 44 

Distinguishing Features 

Elevation, terrain, climate, and soil 

factors distinguish the Dundee Hills 

viticultural area from the grape-growing 

regions found on the surrounding valley 

floors. As noted earlier, the 200-foot 

contour line is used for most of the 

boundary between the Dundee Hills 

viticultural area and the surrounding, 

lower and flatter valley floors.

Elevation and Terrain 

The Dundee Hills viticultural area 

elevation rises from the 200-foot contour 

line to the highest hill’s peak of 1,067 

feet. These heights contrast with the 

lower elevation Chehalem and 

Willamette Valleys, which flank the 

north, east, and south sides of the 

viticultural area. The area’s western 

boundary, along Abbey and Kuehne 

Roads, is marked by a natural 

depression with drainage south to the 

Yamhill River via Millican Creek, while 

a smaller unnamed drainage flows north 

into the Chehalem Valley. 

The Dundee Hills viticultural area’s 

topography consists of a north-south 

spine with ridges and small valleys on 

the east, south and west sides of the 

landmass. This hilly area is above the 

Willamette and Chehalem Valleys’ flood 

plains. Numerous small streams 

originate in the Dundee area’s higher 

elevations and the area is dotted with 

small reservoirs. Light-duty and 

unimproved roads service the Dundee 

Hills area. 

The 5th edition of the ‘‘Geology of 

Oregon’’ by Elizabeth and William Orr 

explains that the geological history of 

the Dundee Hills area dates back 66 

million years with the uplifting of the 

North American tectonic plate, which 

formed the Coast Range mountains and 

the inland ridges and valleys. Lava 

flows, dating back 15 million years, 

pushed into the area from northeast 

Oregon, depositing Columbia River 

basalts and restructuring the landscape 

with hills and broken ridges. 

To the west, the huge uplifted mass of 

the Coast Range parallels the Pacific 

Ocean coastline. Between the Coast 

Range on the west, and the Dundee Hills 

to the east, is the inland YamhillCarlton region, which is also a proposed 

viticultural area. The Yamhill-Carlton 

area has small uplifted slopes that drain 

entirely into the Yamhill River system, 

while only the west side of the Dundee 

Hills area drains into this watershed. 

To the north, the Chehalem 

Mountains, with an east to west 

orientation, have a large footprint and 

cover more surface area than Dundee 

Hills. These taller mountains provide 

the Dundee Hills viticultural area with 

some protection from the climatic 

extremes found further to the north. 

To the east and immediate south of 

the Dundee Hills viticultural area, the 

lower-elevation Willamette Valley floor 

has different soils and growing 

conditions, and is subject to standing 

water in the winter and spring. The Eola 

Hills, 20 miles south of the Dundee area, 

have a north-south orientation, a large 

footprint, and a strongly marineinfluenced climate. 

69526 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

Climate 

The Dundee Hills viticultural area, 

with warmer nights and less frost than 

the adjacent valley floors, is protected 

from great climatic variations by 

surrounding geographic features. To the 

north, the tall Chehalem Mountains 

buffer the climatic influence of the 

Columbia River Gorge, which funnels 

cold air in the winter and warm air in 

the summer into the Willamette Valley 

from the interior of northern Oregon. In 

addition, the Willamette Valley, located 

to the east and south of the Dundee 

Hills area, has spring and fall fog and 

frost, which is created as cool night air 

drains from the hillsides onto the valley 

floor.

The Coast Range, to the west of the 

Dundee Hills area, lessens the harsh 

effects of the Pacific Ocean’s heavy rains 

and windstorms, and causes a rain 

shadow effect in the Dundee Hills area. 

Annually, the Coast Range receives 90 

to 135 inches of rain, while the Dundee 

Hills area gets about a third that much—

30 to 45 inches of rain annually. 

The proposed Yamhill-Carlton 

viticultural area, located between the 

Coast Range and the Dundee Hills area, 

has a stronger marine-influenced 

climate, with more wind and rainfall, 

than the Dundee Hills viticultural area. 

The Yamhill-Carlton region averages 60 

inches of annual precipitation and has 

150 fewer degree-growing days than the 

Dundee area. 

The Eola Hills, 20 miles to the south 

of the Dundee Hills, receive a strong 

cooling marine influence that pushes 

inland from the Pacific Ocean through 

the Van Duzer Corridor, an opening in 

the Coast Range. This marine effect 

loses most of its cooling benefit before 

reaching the Dundee Hills viticultural 

area. 

Soils 

The ‘‘Soil Survey of the Yamhill Area, 

Oregon,’’ issued by the U.S. Department 

of Agriculture’s Soil Conservation 

Service in January 1974, documents that 

the reddish color in the Dundee Hills 

area’s soil is derived from the Columbia 

River basalt lavas, including the Jory 

soil series, which cover approximately 

80 percent of the area. These lava-based 

soils decompose quickly with the high 

rain amounts found in northwestern 

Oregon, which helps produce the area’s 

Jory series of reddish silt, clay, and loam 

soils. This soil series, found 

predominantly on the Dundee Hills’

eastern side, is moderately fertile and 

well drained, with slight to moderate 

erosion levels. 

The sedimentary Willakenzie soil 

series covers the steeper slopes of the 

Dundee Hills area’s western side. This 

soil series is categorized as well drained 

with moderate to high erosion levels. A 

smaller amount of the Jory soil series 

exists on the area’s western side where 

the Columbia River lava flows cover the 

sedimentary formations. 

Outside the Dundee Hills viticultural 

area’s boundary, the soils of the Coast 

Range, the Yamhill-Carlton area, the 

Chehalem Mountains, the Willamette 

Valley floor, and the Eola Hills contrast 

with the soils found within the Dundee 

Hills area. The Coast Range to the west 

has marine volcanic and sedimentary 

soils, with high water holding capacity 

silts and basalt layers sandwiched 

between marine sediments. 

The Yamhill-Carlton region, to the 

Dundee area’s west and northwest, has 

soils derived from marine sediments 

and ocean floor volcanic basalt with 

high water holding capacity. The 

Chehalem Mountains, to the north and 

northeast, have the Columbia River 

basalt, ocean sedimentation, and windblown loess derivation soil types. The 

Willamette Valley floor, to the east and 

south, has deep, alluvial soils with high 

water holding capacity. In the Eola Hills 

region to the south, low water holding 

capacity, slow permeability, and 

moderate erosion levels characterize the 

predominant Gelderman and Ritner 

basalt soil series found there.

Boundary Description 

See the narrative boundary 

description of the viticultural area in the 

regulatory text published at the end of 

this notice. 

Maps 

The petitioner(s) provided the 

required maps, and we list them below 

in the regulatory text. 

Notice of Proposed Rulemaking and 

TTB Finding 

TTB published a notice of proposed 

rulemaking regarding the establishment 

of the Dundee Hills viticultural area in 

the August 15, 2003, Federal Register as 

Notice No. 14 (68 FR 48839). In that 

notice, TTB requested comments by 

October 14, 2003, from all interested 

persons. TTB received 13 comments in 

response. All comments supported the 

Dundee Hills area’s establishment, and 

most noted its distinctive geography, 

climate, and soils. 

After careful review, TTB finds that 

the evidence submitted with the 

petition supports the establishment of 

the proposed viticultural area. 

Therefore, under the authority of the 

Federal Alcohol Administration Act and 

part 4 of our regulations, we establish 

the ‘‘Dundee Hills’’ viticultural area in 

Yamhill County, Oregon, effective 60-

days from this document’s publication 

date. 

Impact on Current Wine Labels 

Part 4 of the TTB regulations prohibits 

any label reference on a wine that 

indicates or implies an origin other than 

the wine’s true place of origin. With the 

establishment of this viticultural area 

and its inclusion in part 9 of the TTB 

regulations, its name, ‘‘Dundee Hills,’’ is 

recognized as a name of viticultural 

significance. Consequently, wine 

bottlers using ‘‘Dundee Hills’’ in a brand 

name, including a trademark, or in 

another label reference as to the origin 

of the wine, must ensure that the 

product is eligible to use the viticultural 

area’s name as an appellation of origin. 

For a wine to be eligible to use as an 

appellation of origin the name of a 

viticultural area specified in part 9 of 

the TTB regulations, at least 85 percent 

of the grapes used to make the wine 

must have been grown within the area 

represented by that name, and the wine 

must meet the other conditions listed in 

27 CFR 4.25(e)(3). If the wine is not 

eligible to use the viticultural area name 

as an appellation of origin and that 

name appears in the brand name, then 

the label is not in compliance and the 

bottler must change the brand name and 

obtain approval of a new label. 

Similarly, if the viticultural area name 

appears in another reference on the 

label in a misleading manner, the bottler 

would have to obtain approval of a new 

label. 

Different rules apply if a wine has a 

brand name containing a viticultural 

area name that was used as a brand 

name on a label approved before July 7, 

1986. See 27 CFR 4.39(i)(2) for details. 

Regulatory Analyses and Notices 

Regulatory Flexibility Act 

We certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

This regulation imposes no new 

reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name is the result of a proprietor’s 

efforts and consumer acceptance of 

wines from that area. Therefore, no 

regulatory flexibility analysis is 

required. 

Executive Order 12866 

This rule is not a significant 

regulatory action as defined by 

Executive Order 12866 (58 FR 51735). 

Therefore, it requires no regulatory 

assessment. 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69527

Drafting Information 

N.A. Sutton of the Regulations and 

Procedures Division drafted this 

document.

List of Subjects in 27 CFR Part 9 

Wine.

The Final Rule

■ For the reasons discussed in the 

preamble, we amend 27 CFR, chapter I, 

part 9 as follows:

PART 9—AMERICAN VITICULTURAL 

AREAS

■ 1. The authority citation for part 9 

continues to read as follows:

Authority: 27 U.S.C. 205.

Subpart C—Approved American 

Viticultural Areas

■ 2. Amend subpart C by adding § 9.180 

to read as follows:

§ 9.180 Dundee Hills. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Dundee Hills’’. 

(b) Approved maps. The appropriate 

maps for determining the boundaries of 

the Dundee Hills viticultural area are 

three United States Geological Survey 

(USGS) 1:24,000 scale maps. They are 

titled: 

(1) Dundee Quadrangle, Oregon, 1956, 

revised 1993; 

(2) Newberg Quadrangle, Oregon, 

1961, photorevised 1985; and 

(3) Dayton Quadrangle, Oregon, 1957, 

revised 1992. 

(c) Boundary. The Dundee Hills 

viticultural area is located in Yamhill 

County, Oregon, near the town of 

Newberg, and is entirely within the 

Willamette Valley viticultural area. The 

boundary of the Dundee Hills 

viticultural area is as described below: 

(1) The beginning point is on the 

Dundee map at the intersection of the 

200-foot contour line with Kuehne Road 

at the common boundary line of 

sections 47 and 48, T3S, R3W; 

(2) From the beginning point, proceed 

east then south along the meandering 

200-foot contour line, crossing over to 

and back off the Newberg map, and then 

cutting diagonally southwest through 

the town of Dundee to the 200-foot 

contour line’s intersection with Hess 

Creek, section 34, T3S, R3W (Dundee 

Quadrangle); then 

(3) Proceed south, then west, and then 

northeast, along the meandering 200-

foot contour line, twice crossing over to 

and back off the Dayton map, to the 

contour line’s intersection with Abbey 

Road after the line passes a quarry and 

crosses the two forks of Millican Creek 

in section 52, T3S, R3W (Dundee 

Quadrangle); then 

(4) Proceed generally north on Abbey 

Road to Kuehne Road and then follow 

Kuehne Road northeasterly to the 

beginning point.

Signed: October 21, 2004. 

Arthur J. Libertucci, 

Administrator. 

Approved: November 9, 2004. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy).

[FR Doc. 04–26330 Filed 11–29–04; 8:45 am] 

BILLING CODE 4810–31–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[CGD01–03–107] 

1625–AA01 

Anchorage Regulations: Yonkers, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending 

the anchorage regulations for the 

Hudson River, New York by establishing 

two Special Anchorage areas adjacent to 

the City of Yonkers. This action is 

necessary to facilitate safe navigation in 

that area and provide safe and secure 

anchorages for vessels not more than 20 

meters in length. This action is intended 

to increase the safety of life and 

property on the Hudson River, improve 

the safety of anchored vessels in both 

anchorages, and provide for the overall 

safe and efficient flow of recreational 

vessel traffic and commerce.

DATES: This rule is effective December 

30, 2004.

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket (CGD01–03–107), and are 

available for inspection or copying at 

Room 628, First Coast Guard District 

Boston, 408 Atlantic Avenue, Boston, 

MA 02110, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

John J. Mauro, Commander (oan), First 

Coast Guard District, 408 Atlantic 

Avenue, Boston, MA 02110; telephone 

(617) 223–8355; e-mail 

jmauro@d1.uscg.mil.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 30, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Anchorage Regulations: 

Yonkers, New York’’ in the Federal 

Register (69 FR 39380). We received two 

comments on the proposed rule. No 

public hearing was requested and none 

was held. 

Background and Purpose 

A request was made by the City of 

Yonkers, New York to establish two 

special anchorage areas as part of a 

waterfront revitalization and 

redevelopment effort. The City of 

Yonkers is proactively encouraging 

waterfront use by the general public. 

This rule is in response to that request 

to help ensure the safe navigation of 

increased vessel traffic expected to 

arrive along the city waterfront due to 

this revitalization effort. 

The Coast Guard is designating the 

areas as special anchorage areas in 

accordance with 33 U.S.C. 471. In 

accordance with that statute, vessels 

will not be required to sound signals or 

exhibit anchor lights or shapes which 

are otherwise required by rule 30 and 35 

of the Inland Navigation Rules, codified 

at 33 U.S.C. 2030 and 2035. The two 

special anchorage areas will be located 

on the East side of the Hudson River in 

the vicinity of Main Street and the JFK 

Marina, well removed from the channel 

and located where general navigation 

will not endanger or be endangered by 

unlighted vessels. Providing anchorage 

well removed from the channel and 

general navigation will greatly increase 

navigational safety. 

While developing this rule, in 

accordance with 33 CFR 109.05(b), the 

Coast Guard consulted with the U.S. 

Army Corps of Engineers, New York 

District, located at 26 Federal Plaza, 

New York, NY 10278. The U.S. Army 

Corps of Engineers has determined that 

the proposed Special Anchorage Areas 

would not have an adverse affect on any 

federally maintained navigation 

channels in the area, structures the U.S. 

Army Corps of Engineers has permitted, 

or any pending permit applications 

submitted to the U.S. Army Corps of 

Engineers in this area. 

Discussion of Comments and Changes 

We received a letter from the City of 

Yonkers requesting that the Main Street 

Special Anchorage be modified to 

accommodate the high speed ferry 

service to the City’s Main Street Pier. 

This final rule incorporates the City’s 

modifications to the Special Anchorage. 

As requested by the City of Yonkers, the 

southern boundary of the Main Street