Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Rules and Regulations 2011 

Authority: 29 U.S.C. 1302, 1322, 1322b, 

1341(c)(3)(D), and 1344. 

■ 2. In appendix B to part 4022, Rate Set 

256 is added to the table to read as 

follows: 

Appendix B to Part 4022—Lump Sum 

Interest Rates for PBGC Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

256 2–1–15 3–1–15 1.00 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

256 is added to the table to read as 

follows: 

Appendix C to Part 4022—Lump Sum 

Interest Rates For Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

256 2–1–15 3–1–15 1.00 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 12th day 

of January 2015. 

Judith Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2015–00556 Filed 1–14–15; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2013–0018] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing and modifying anchorage 

grounds within the Port of New York. 

This action is necessary to facilitate safe 

navigation and provide safe and secure 

anchorages for vessels operating in the 

area. This rule is intended to increase 

the safety of life and property of both 

the anchored vessels and those 

operating in the area, as well as provide 

for the overall safe and efficient flow of 

commerce. 

DATES: This rule is effective February 

17, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–0018]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 

email Mr. Jeff Yunker, Sector New York, 

Waterways Management Division, U.S. 

Coast Guard; telephone 718–354–4195, 

Email Jeff.M.Yunker@uscg.mil or Chief 

Craig Lapiejko, Coast Guard First 

District Waterways Management 

Branch, telephone 617–223–8385, Email 

Craig.D.Lapiejko@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

WAMS Waterways Analysis and 

Management System 

A. Regulatory History and Information 

On July 25, 2013, we published a 

notice of proposed rulemaking (NPRM) 

entitled Anchorage Regulations; Port of 

New York in the Federal Register (78 

FR 44917). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

B. Basis and Purpose 

The legal basis for this rule is 33 

U.S.C. 471, 1221 through 1236, 2071; 33 

CFR 1.05–1; and Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to define anchorage 

grounds. 

This rule was assessed as part of a 

Waterways Analysis and Management 

System (WAMS) review of the New 

York Vessel Traffic Lanes and 

Approaches to New York Harbor with 

the intent of optimizing the waterway 

and aids to navigation. The Coast Guard 

received six responses to the survey 

included in the WAMS review. The 

survey responses reported that 

Anchorage Ground No. 27(ii) Romer 

Shoal and Anchorage Ground No. 27(iii) 

Flynns Knoll, near Sandy Hook, NJ are 

not used because their locations leave 

vessels exposed to swells and that there 

are safer anchorage grounds available in 

Lower New York and Sandy Hook Bays. 

The New York District Army Corps of 

Engineers (USACE) was consulted on 

this regulation and had no objections. 

In addition, the Hudson River Pilots 

Association requested the Coast Guard 


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2012 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Rules and Regulations 

establish a federal anchorage ground 

near Yonkers, NY on the Hudson River. 

The purpose of this rule is to 

accommodate ship traffic awaiting 

berthing space, favorable weather, 

daylight hours, tidal conditions for 

transits, and/or other unforeseen 

conditions to improve navigation safety; 

clarify positions of current areas being 

used for vessels anchoring; and reduce 

regulatory burden by disestablishing 

anchorage grounds that are no longer 

used and therefore deemed unnecessary. 

C. Discussion of Comments, Changes 

and the Final Rule 

The Coast Guard did not receive any 

comments to the proposed rule, and no 

changes were made to the regulatory 

text. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

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, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

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 grounds. The effect of this 

rule will not be significant as it removes 

two obsolete anchorage grounds that are 

no longer used and codifies one 

anchorage ground that is currently used 

by commercial vessels as a general 

anchorage area. This will represent an 

improvement to the safety of vessels 

using the anchorage grounds, facilitate 

the transit of deep draft vessels through 

the adjoining waterways, and increase 

mariner awareness that they can expect 

to find anchored vessels in the vicinity. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 rule. 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 that have a need to anchor or 

transit through the lower Hudson River 

near Yonkers, NY; and Lower New York 

Bay near Romer Shoal and Flynns Knoll 

near Sandy Hook, NJ. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: This rule only 

codifies current navigation practices 

already in use by commercial vessels in 

these areas. The anchorage grounds will 

not affect vessels’ schedules or their 

abilities to freely transit near these areas 

within the Captain of the Port zone. The 

anchorage grounds will not impose any 

monetary expenses on small entities 

because it does not require them to 

purchase any new equipment, hire 

additional crew, or make any other 

expenditures. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule does 

affect your small business, organization, 

or governmental jurisdiction and you 

have questions concerning its 

provisions or options for compliance, 

please contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section above. 

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. 

4. 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). 

5. Federalism 

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 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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. 

8. 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. 

9. 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. 

10. Protection of Children From 

Environmental Health Risks 

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 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Rules and Regulations 2013 

health or risk to safety that may 

disproportionately affect children. 

11. 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 made a determination 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 

disestablishing two unused anchorage 

grounds, establishing one anchorage 

ground, and reducing the size of one 

anchorage ground resulting in a 

reduction in the overall size of the 

anchorage grounds by 7.28 square 

nautical miles in the COTP zone. This 

rule is categorically excluded from 

further review under paragraph 34(f) of 

Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are 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. In § 110.155 revise paragraphs (c)(2) 

and (f) and add paragraph (c)(4) to read 

as follows: 

§ 110.155 Port of New York. 

* * * * * 

(c) * * * 

(2) Anchorage No. 17. All waters of 

the Hudson River bound by the 

following points: 40°56′26.66′′ N, 

073°55′12.06′′ W; thence to 40°56′22.54′′ 

N, 073°54′49.77′′ W; thence to 

40°55′56.00′′ N, 073°54′58.00′′ W; thence 

to 40°55′54.15′′ N, 073°54′46.96′′ W; 

thence to 40°54′18.43′′ N, 073°55′21.12′′ 

W; thence to 40°52′27.59′′ N, 

073°56′14.32′′ W; thence to 40°51′34.20′′ 

N, 073°56′52.64′′ W; thence to 

40°51′20.76′′ N, 073°57′31.75′′ W; thence 

along the shoreline to the point of origin 

(NAD 83). 

(i) When the use of Anchorage No. 17 

is required by naval vessels, the vessels 

anchored therein shall move when the 

Captain of the Port directs them. 

(ii) [Reserved] 

* * * * * 

(4) Anchorage No. 18. All waters of 

the Hudson River bound by the 

following points: 40°56′54.0′′ N, 

073°54′40.0′′ W; thence to 40°56′51.0′′ N, 

073°54′24.0′′ W; thence to 40°55′53.0′′ N, 

073°54′40.0′′ W; thence to 40°55′56.0′′ N, 

073°54′58.0′′ W; thence to the point of 

origin (NAD 83). 

(i) This anchorage ground is reserved 

for use by ships only. 

(ii) [Reserved] 

* * * * * 

(f) * * * 

(2) Anchorage No. 27. Atlantic 

Ocean— 

(i) All waters bound by the following 

points: 40°28′49.27′′ N, 074°00′12.13′′ 

W; thence to 40°28′52.12′′ N, 

074°00′00.56′′ W; thence to 40°28′40.88′′ 

N, 073°58′51.95′′ W; thence to 

40°25′57.91′′ N, 073°54′55.56′′ W; thence 

to 40°23′45.55′′ N, 073°54′54.89′′ W; 

thence to 40°23′45.38′′ N, 073°58′32.10′′ 

W; thence along the shoreline to the 

point of origin (NAD 83). 

(ii) [Reserved] 

(iii) [Reserved] 

* * * * * 

Dated: December 30, 2014. 

V.B. Gifford, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District. 

[FR Doc. 2015–00465 Filed 1–14–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2014–1055] 

RIN 1625–AA87 

Security Zone, John Joseph Moakley 

United States Courthouse; Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

within Sector Boston’s Captain of the 

Port (COTP) Zone on the waters in the 

vicinity of John Joseph Moakley United 

States Courthouse, Boston, MA. 

Enforcement of this temporary security 

zone is for the high profile court 

proceeding of the Boston Marathon 

bombing suspect Dzhokhar Tsarnaev at 

the Moakley Courthouse and is 

necessary to protect people, property, 

and the port of Boston from subversive 

acts. 

DATES: This rule is effective without 

actual notice from January 15, 2015 

until December 31, 2015. For the 

purposes of enforcement, actual notice 

will be used from January 5, 2015 until 

January 15, 2015. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2014– 

1055 and are available online by going 

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

USCG–2014–1055 in the ’’Keyword’’ 

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

are 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 email Mr. Mark Cutter, 

Coast Guard Sector Boston Waterways 

Management Division, telephone (617) 

223–4000, email Mark.E.Cutter@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl Collins, 

Program Manager, Docket Operations, 

telephone (202)366–9826. 


rljohnson on DSK3VPTVN1PROD with RULES