31354 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 

movement of all vessels in the regulated 

area. The Patrol Commander shall be 

designated by the Commander, Sector 

Boston; will be a U.S. Coast Guard 

commissioned officer, warrant officer or 

petty officer to act as the Sector 

Commander’s official representative; 

and will be located aboard the lead 

official patrol vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port (COTP) 

or the COTP’s designated representative 

to obtain permission by calling the 

Sector Boston Command Center at 617– 

223–5761. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

the COTP’s designated representative. 

(5) The Patrol Commander may, upon 

request, allow the transit of commercial 

vessels through regulated areas when it 

is safe to do so. 

(c) All coordinates reference 1983 

North American Datum (NAD83). 

Dated: June 18, 2009. 

John N. Healey, 

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

Port Boston. 

[FR Doc. E9–15602 Filed 6–30–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2009–0045] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York 

AGENCY: Coast Guard, DHS. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: By this direct final rule, the 

Coast Guard is revising the southern 

boundary of Anchorage Ground No. 20– 

F in Upper New York Bay. This action 

is necessary so that the Anchorage 

Ground does not extend into the Port 

Jersey Federal Channel that is being 

expanded as part of the Port of New 

York/New Jersey Harbor Deepening 

Project. This action is intended to 

increase the safety of life and property 

for the Port of New York/New Jersey, 

improve the safety of anchored vessels, 

and provide for the overall safe and 

efficient flow of commercial vessels and 

commerce. 

DATES: This rule is effective September 

29, 2009, unless an adverse comment, or 

notice of intent to submit an adverse 

comment, is either submitted to our 

online docket via http:// 

www.regulations.gov on or before 

August 31, 2009 or reaches the Docket 

Management Facility by that date. If an 

adverse comment, or notice of intent to 

submit an adverse comment, is received 

by August 31, 2009, we will withdraw 

this direct final rule and publish a 

timely notice of withdrawal in the 

Federal Register. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0045 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, e-mail 

or call Mr. Jeff Yunker, Waterways 

Management Division, telephone 718– 

354–4195, e-mail 

jeff.m.yunker@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting comments: 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0045), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0045’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period. 

Viewing comments and documents: 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0045 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. If you do not have 

access to the internet, you may also 

view the docket online by visiting 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. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act: 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the docket using one of the 

methods specified under ADDRESSES. In 

your request, explain why you believe a 

public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 31355 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

We are publishing this direct final 

rule under 33 CFR 1.05–55 because we 

do not expect an adverse comment. If no 

adverse comment or notice of intent to 

submit an adverse comment is received 

by August 31, 2009, this rule will 

become effective as stated in the DATES

section. In that case, approximately 30 

days before the effective date, we will 

publish a document in the Federal 

Register stating that no adverse 

comment was received and confirming 

that this rule will become effective as 

scheduled. However, if we receive an 

adverse comment or notice of intent to 

submit an adverse comment, we will 

publish a document in the Federal 

Register announcing the withdrawal of 

all or part of this direct final rule. If an 

adverse comment applies only to part of 

this rule (e.g., to an amendment, a 

paragraph, or a section) and it is 

possible to remove that part without 

defeating the purpose of this rule, we 

may adopt, as final, those parts of this 

rule on which no adverse comment was 

received. We will withdraw the part of 

this rule that was the subject of an 

adverse comment. If we decide to 

proceed with a rulemaking following 

receipt of an adverse comment, we will 

publish a separate notice of proposed 

rulemaking (NPRM) and provide a new 

opportunity for comment. 

A comment is considered ‘‘adverse’’ if 

the comment explains why this rule or 

a part of this rule would be 

inappropriate, including a challenge to 

its underlying premise or approach, or 

would be ineffective or unacceptable 

without a change. 

Background 

This rule is necessary to ensure the 

safety of navigation for vessels operating 

in the area as well as for vessels 

involved with the Port Jersey Federal 

Channel deepening project. The current 

boundary of Anchorage Ground No. 20– 

F overlaps the expanded boundary of 

Port Jersey Federal Channel that is being 

deepened as part of the U.S. Army 

Corps of Engineers Port of New York/ 

New Jersey harbor deepening project. 

Without the changes implemented by 

this rule, vessels could mistakenly 

anchor within the expanded Port Jersey 

Federal Channel while other vessels are 

dredging the channel in preparation for 

larger vessels with a deeper draft to 

moor at facilities adjacent to Port Jersey 

Federal Channel. Revising the southern 

boundary of Anchorage Ground No. 20– 

F to where it no longer interferes with 

the Port Jersey Federal Channel will 

remove the current authorization for 

vessels to mistakenly anchor within a 

Federal Channel, and therefore remove 

this hazardous condition for vessels 

navigating in this area. 

In addition to revising the southern 

boundary of the anchorage zone, the two 

geographic coordinates that make up the 

northern boundary are being updated to 

datum NAD 83. The physical location of 

these points are not moving, however 

there are slight changes in the 

coordinates that reflect the update in 

datum. 

Discussion of the Rule 

This rule revises the southern 

boundary of Anchorage Ground No. 20– 

F in Upper New York Bay by moving it 

northward, thus reducing the overall 

size of the anchorage. This change to the 

boundary is necessary because the 

adjacent Port Jersey Federal Channel is 

being expanded into the current 

Anchorage Ground No. 20–F boundary 

as part of the Port of New York/New 

Jersey harbor deepening project. The 

revised southern boundary would be 

moved to the north by approximately 

130 yards. This rule further modifies the 

geographic coordinates of the two 

northern points of the anchorage so as 

to conform with datum NAD 83. The 

physical location of the two northern 

points do not change and there will be 

no resulting change in these two points 

on the current navigational charts, only 

the geographic position descriptions are 

revised based on the updated reference 

datum. 

Regulatory Analysis 

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. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, 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. 

This determination is based on the 

fact that the expansion of the Port Jersey 

Federal Channel has already been 

approved through the U.S. Army Corps 

of Engineers permitting process. Due to 

the progress of this channel expansion, 

the southern area of this Anchorage 

Ground is no longer available for vessels 

to anchor within as vessels under 

contract to the U.S. Army Corps of 

Engineers have been, and continue to 

dredge in what is the south end of the 

current boundary of Anchorage Ground 

No. 20–F. 

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. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to anchor within the 

southern portion of Anchorage Ground 

No. 20–F. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: Vessels will still be 

able anchor, or stem the tide, to the east 

of the two charted commercial mooring 

buoys located within the northern 

portion of Anchorage Ground No. 20–F. 

This revision is due to the Port of New 

York/New Jersey harbor deepening 

project that includes the expansion of 

the Port Jersey Federal Channel. This 

project has been well publicized to the 

maritime community through the Local 

Notice to Mariners, Coast Guard 

Homeport Web site at http:// 

homeport.uscg.mil/newyork, monthly 

project update meetings held by the U.S. 

Army Corps of Engineers, and regularly 

scheduled Harbor Safety, Navigation 

and Operations Committee meetings. 

Therefore, 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. Comments submitted in 

response to this finding will be 

evaluated under the criteria in the 

‘‘Regulatory Information’’ section of this 

preamble. 

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 the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options or 

compliance, please consult Mr. Jeff 

Yunker at the address listed under 

31356 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 

ADDRESSES. 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. 

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). 

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 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 effect 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 that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 2.B.2, figure 2– 

1, paragraph (34)(f) of the Instruction. 

This rule involves the reduction in the 

size of an existing anchorage area. 

Under figure 2–1, paragraph (34)(f) of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

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, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 110.155, by revising 

paragraph (d)(7) to read as follows: 

§ 110.155 Port of New York. 

* * * * * 

(d) * * * 

(7) Anchorage No. 20–F. All waters 

bound by the following points: 

40°40′12.2′′ N, 074°03′39.9′′ W; thence to 

40°39′53.9′′ N, 074°03′09.6′′ W; thence to 

40°39′38.9′′ N, 074°03′19.5′′ W; thence to 

40°39′53.5′′ N, 074°03′53.7′′ W; thence to 

the point of origin (NAD 83). 

(i) See 33 CFR 110.155 (d)(9), (d)(16), 

and (l). 

(ii) [Reserved] 

* * * * * 

Dated: May 28, 2009. 

Dale G. Gabel, 

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

First Coast Guard District. 

[FR Doc. E9–15603 Filed 6–30–09; 8:45 am] 

BILLING CODE 4910–15–P