Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 30343 

People’s Street T-Head in Corpus 

Christi, TX. 

(b) Effective period. This section is 

effective from 6:15 a.m. on July 14, 2018 

through 3 p.m. on July 21, 2018. 

(c) Enforcement period. This section 

will be enforced from 6:15 a.m. through 

3 p.m. during each day of the effective 

period. 

(d) Regulations. (1) In accordance 

with the general regulations in § 100.35 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Sector Corpus 

Christi (COTP) or a designated 

representative. A designated 

representative may be a Patrol 

Commander (PATCOM). The PATCOM 

may be aboard either a Coast Guard or 

Coast Guard Auxiliary vessel. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the COTP or a 

designated representative to patrol the 

regulated area. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the COTP or a 

designated representative and when so 

directed by that officer will be operated 

at a minimum safe navigation speed in 

a manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator vessel shall anchor, 

block, loiter, or impede the through 

transit of participants or official patrol 

vessels in the regulated area during the 

effective dates and times, unless cleared 

for entry by or through an official patrol 

vessel. 

(5) Spectator vessels may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. 

(6) The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the 

regulated area. When hailed or signaled 

by an official patrol vessel, a vessel shall 

come to an immediate stop and comply 

with the directions given. Failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. 

(7) The COTP or a designated 

representative may terminate the event 

or the operation of any vessel at any 

time it is deemed necessary for the 

protection of life or property. 

(8) The COTP or a designated 

representative will terminate 

enforcement of the special local 

regulations at the conclusion of the 

event. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: June 21, 2018. 

E.J. Gaynor 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Corpus Christi. 

[FR Doc. 2018–13898 Filed 6–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

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: Final rule. 

SUMMARY: The Coast Guard is 

establishing, 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. 

DATES: This rule is effective July 30, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

1125 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Jason Radcliffe, Ninth 

District, Waterways Operations, U.S. 

Coast Guard; telephone 216–902–6060, 

email jason.a.radcliffe2@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

AIS Automatic identification system 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is establishing 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. On February 2, 2018, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Saint 

Lawrence Seaway Anchorages (83 FR 

4882). The NPRM discussed the need 

for the rule and invited the public to 

comment on the proposed regulatory 

action related to this Anchorage 

Grounds establishment. During the 

comment period that ended May 3, 

2018, we received two comments. One 

comment was not relevant to the 

proposed rule and the other comment 

expressed support of the proposal. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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. 

The Coast Guard recognizes the need 

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. 


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30344 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published 

February 2, 2018. We made no changes 

to the regulatory text based on these 

comments, but we did clarify that our 

reference to the Captain of the Port was 

to the Captain of the Port Buffalo. 

This rule establishes two new 

anchorage areas to be known as Carleton 

Island Anchorage and Tibbetts Point 

Anchorage. 

The Carleton Island Anchorage will 

be located just northeast and adjacent to 

Carleton Island and Millen Bay. The 

boundaries of Carleton Island 

Anchorage are presented in the 

regulatory text at the end of this 

document. The anchorage will be 

approximately .75 square miles. 

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 rule no 

anchors would be allowed to be placed 

in the channel and no portion of the 

hull or rigging will be allowed to extend 

outside the limits of the anchorage area. 

The Tibbetts Point Anchorage will be 

located just west and adjacent to 

Tibbetts Point and Fuller Bay. The 

boundaries of Tibbett’s Point Anchorage 

are presented in the regulatory text at 

the end of this document. The 

anchorage will be approximately 1.5 

square miles. Tibbett’s Point Anchorage 

is primarily intended for use by downbound 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 rule no anchors will be 

allowed to be placed in the channel and 

no portion of the hull or rigging will be 

allowed to extend outside the limits of 

the anchorage area. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders. 

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 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the location and size of the 

anchorage grounds, as well as the 

historical automatic identification 

system (AIS) data. The impacts on 

routine navigation are expected to be 

minimal because the 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 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the 

anchorage grounds may be small 

entities, for the reasons stated in section 

V.A above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

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. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of permanent anchorages 

near Carleton Island and Tibbetts Point, 

New York. It is 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 Record of Environmental 


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Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations 30345 

Consideration supporting this 

determination is available in 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 amends 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, 2071; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 110.209 to read as follows: 

§ 110.209 Saint Lawrence Seaway 

Anchorages, New York. 

(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 points, 

beginning at 44°11′57.11′′ N, 

076°14′04.62′′ W; thence to 44°11′21.80′′ 

N, 076°14′05.77′′ W; thence to 

44°11′34.07′′ N, 076°15′49.57′′ W; 

44°11′35.35′′ N, 076°16′47.50′′ W; 

44°11′43.49′′ N, 076°16′48.00′′ W; 

44°11′57.11′′ N, 076°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°05′20.27′′ N, 

076°23′25.78′′ W; thence to 44°05′21.85′′ 

N, 076°22′40.97′′ W; thence to 

44°04′34.08′′ N, 076°23′09.98′′ W; 

44°04′07.72′′ N, 076°23′33.76′′ W; 

44°04′32.78′′ N, 076°24′43.80′′ W; 

44°05′44.37′′ N, 076°23′56.29′′ W; 

44°05′20.27′′ N, 076°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 Buffalo (COTP) 

for that purpose. 

(3) The COTP, or authorized 

representative, may require vessels to 

depart from the Anchorages described 

in paragraph (a) of this section 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: June 25, 2018. 

J.M. Nunan, 

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

Ninth Coast Guard District. 

[FR Doc. 2018–13928 Filed 6–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0105] 

RIN 1625–AA87 

Security Zone; Seattle’s Seafair Fleet 

Week Moving Vessels, Puget Sound, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

its Seattle Seafair Fleet Week Moving 

Vessel Security Zone regulation. In 

response to public comment, we are not 

finalizing our proposal to remove 

existing language about a published 

notice identifying the designated 

participating vessels. However, last 

minute changes to the participating 

vessels in the Parade of Ships during 

Fleet Week may cause the published 

notice to become outdated after 

publication. In that case the Coast Guard 

will use actual notice to enforce a 

security zone around participating 

vessels, as well as other methods of 

informing the public about changes, and 

we have amended the regulation to 

reflect the possibility of changes. 

DATES: This rule is effective July 30, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0105 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Zachary Spence, 

Sector Puget Sound Waterways 

Management Branch, U.S. Coast Guard; 

telephone 206–217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On July 10, 2012 (77 FR 40521), the 

Coast Guard Captain of the Port, Sector 

Puget Sound, published a final rule that 

became effective Aug. 1, 2012; the 

Seattle’s Seafair Fleet Week Moving 

Vessels security zone. On April 6, 2018, 

the Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Security Zone; Seattle’s Seafair Fleet 

Week Moving Vessels, Puget Sound, 

WA (83 FR 14801) in which we 

proposed to amend the current final 

rule. There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action. During the 

comment period that ended May 21, 

2018, we received three written 

submissions. 

III. Legal Authority and Need for Rule 

The Coast Guard is amending its 

Seattle Seafair Fleet Week Moving 

Vessel Security Zone regulation, 33 CFR 

165.1333, under authority in 33 U.S.C. 

1231. In past years, some of the 

designated participating vessels which 

required the security zone have been 

rescheduled at the last moment due to 

operational needs, and as a result, the 

changes precluded the Coast Guard from 

providing sufficient notice of which 

vessels are participating in the parade of 

ships in the Federal Register. The 

amended regulation will allow the Coast 

Guard to publish dates and times of the 

Parade of Ships in the Federal Register 

and Local Notice to Mariners, and of the 

designated participating vessels it is 

aware of at the time it issues the notice, 

and provide that actual notice will be 

used to enforce the security zone around 

any vessels designated after the notice 

has been issued. Further, for the reasons 

discussed above, the amended 

regulation will require that the Coast 

Guard publish the above information 

before the beginning of the Parade of 

Ships instead of the three days currently 

provided for in the regulation. The 

names of the designated vessels will 

also be published in a Broadcast Notice 

to Mariners. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received three 

written submissions on our NPRM 

published April 6, 2018. The first 

commenter requested to stop the 

Russian and Chinese fishing ships from 

fishing within the U.S. Exclusive 

Economic Zone. As this comment does 

not relate to this rulemaking, no 

response is required. The second 

commenter requested the Agency stop 


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