[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Proposed Rules]
[Pages 37297-37299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18396]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD 97-086]
RIN 2115-AA98


Anchorage Grounds; Hudson River, Hyde Park, NY

AGENCY: Coast Guard, DOT.


[[Page 37298]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish an anchorage ground in 
the Hudson River near Hyde Park, NY. This action is necessary to 
provide an anchorage ground on the Hudson River for vessels awaiting 
favorable tides and/or daylight for passage to facilities north of New 
York. This action is intended to increase safety for vessels transiting 
the Hudson River by providing an anchorage ground away from congested 
traffic lanes used in New York Harbor.

DATES: Comments must reach the Coast Guard on or before October 8, 
1998.

ADDRESSES: You may mail comments to the Waterways Oversight Branch 
(CGD01-97-086), Coast Guard Activities New York, 212 Coast Guard Drive, 
Staten Island, New York 10305, or deliver them to room 205 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    The Waterways Oversight Branch of Coast Guard Activities New York 
maintains the public docket for this rulemaking. Comments, and 
documents as indicated in this preamble, will become part of this 
docket and will be available for inspection or copying at room 205, 
Coast Guard Activities New York, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Alma 
Kenneally, Waterways Oversight Branch, Coast Guard Activities New York 
(718) 354-4195.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 01-97-086) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Waterways Oversight Branch at the 
Address under ADDRESSES. The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Hudson River Pilots Association has requested that the Coast 
Guard establish a federal anchorage ground in the Hudson River near 
Hyde Park, New York. The closest anchorage to this area is down river 
to anchorage number 17, the northern boundary of which lies between the 
Yonkers municipal pier and the pilot station just to the north. The 
area that the Pilots Association has suggested for consideration is 
bound by the following coordinates:

NW corner 41 deg. 48' 35'' N 073 deg. 57' 00W''
NE corner 41 deg. 48' 35'' N 073 deg. 56' 44W''
SE corner 41 deg. 47' 32'' N 073 deg. 56' 50W''
SW corner 41 deg. 47' 32'' N 073 deg. 57' 10W''

Discussion of Proposed Rule

    The proposed anchorage would be valuable to vessels awaiting 
favorable tides and/or daylight for passage to Albany and other upper 
river ports. Additionally, the new anchorage could relieve some of the 
overcrowding in the existing New York Harbor anchorages, thus 
increasing vessel safety. This new anchorage will only be authorized 
for use from March 1 through December 15 each year. This is due to ice 
conditions in the river. No vessel may anchor in Anchorage 19-A from 
December 16 to the last day of February without permission from the 
Captain of the Port New York.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
The effect of this regulation would not be significant for the 
following reasons: due to icing of the river in winter months, the 
anchorage would be seasonal in nature, recreational traffic could still 
traverse the anchorage when necessary, and the proposed anchorage would 
still permit unobstructed navigation of the Hudson in that area on the 
western side.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on the substantial number of small 
entities. ``Small entities'' include 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.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule will have a significant economic impact on 
your business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposed rule will economically affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this propose rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this proposed rule does not have sufficient implications for federalism 
to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under Figure 2-1, paragraph 34(f), of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded form further environmental documentation. Figure 2-1, 
paragraph 34(f) only requires an environmental checklist and a 
``Categorical Exclusion Determination'' for regulations establishing 
anchorage grounds. A Categorical Exclusion Determination is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

[[Page 37299]]

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Proposed Regulations

    For reasons set out in the preamble, the Coast Guard proposed to 
amend 33 CFR Part 110 as follows:

PART 110--[AMENDED]

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. In Sec. 110.155, add paragraph (c)(6) to read as follows:


Sec. 110.155   Port of New York.

* * * * *
    (c) * * *
    (6) Anchorage No. 19-A. An area located west of Hyde Park enclosed 
by the coordinates staring at 41 deg.48'35'' N, 073 deg.57'00'' W; to 
41 deg.48'35'' N, 073 deg.56'44'' W; to 41 deg.47'32'' N, 
073 deg.56'50'' W; to 41 deg.47'32'' N, 073 deg.57'10'' W; thence back 
to 41 deg.48'35'' N, 073 deg.57'00'' W.
    (i) No vessel may anchor in Anchorage 19-A from December 16 to the 
last day of February without permission from the Captain of the Port, 
New York
    (ii) [Reserved]
* * * * *
    Dated: June 3, 1998.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 98-18396 Filed 7-9-98; 8:45 am]
BILLING CODE 4910-15-M