
[Federal Register: September 29, 2009 (Volume 74, Number 187)]
[Rules and Regulations]               
[Page 49813-49815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se09-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2009-0854]
RIN 1625-AA01

 
Special Anchorage Areas; Henderson Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: In this final rule, the Coast Guard removes a note which 
states from whom one must obtain permission to moor or anchor in the 
special anchorage areas of Henderson Harbor, NY.

DATES: This rule is effective on September 29, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0854 and are available online 
by going to http://www.regulations.gov, inserting USCG-2009-0854 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 rule, 
call or e-mail Lieutenant Michael C. Petta, Ninth District Legal 
Office, Coast Guard, telephone 216-902-6010, e-mail 
michael.c.petta@uscg.mil. If you have questions on obtaining permission 
to moor or anchor in the special anchorage areas of Henderson Harbor, 
NY, call the Town Board, telephone 315-938-5542. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 49814]]

Regulatory Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because this amendment is minor and merely 
technical in nature in that it simply removes the note which states one 
must obtain permission from the Town of Henderson Harbormaster to moor 
or anchor in the special anchorage areas of Henderson Harbor, NY. 
Notice and comment is unnecessary because, as discussed below, the 
local ordinance has changed such that the Harbormaster no longer 
receives requests to moor or anchor.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Good cause exists because the 
local ordinance has changed such that the Harbormaster no longer 
receives requests to moor or anchor, and leaving the note in place 
would provide inaccurate information.

Background and Purpose

    On June 11, 2009, the Town of Henderson Harbor revised its boating 
ordinance. One result of that revision is that the town's harbormaster 
is no longer the party from whom one obtains permission to moor or 
anchor in the Henderson Harbor special anchorage areas. This rule 
responds to the town's request to remove from 33 CFR 110.87 the note 
which states that the town's harbormaster is the party from whom one 
must obtain permission.

Discussion of Rule

    This rule contains no new provisions. Neither does it amend or 
remove any substantive provisions. Instead, this rule merely removes 
from 33 CFR 110.87 the note which states that the town's harbormaster 
is the party from whom one must obtain permission to moor or anchor in 
the Henderson Harbor, NY special anchorage areas. This change is 
necessary because the town of Henderson Harbor recently revised its 
boating laws to include removing its harbormaster as the permit 
granting party.

Regulatory Analyses

    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 rule is not considered a significant 
regulatory action because the removal of the town's harbormaster as the 
party from whom one must obtain permission to moor or anchor in the 
Henderson Harbor special anchorage areas is a minor, non-substantive, 
and administrative change.

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.
    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 may be 
small entities: The owners or operators of vessels intending to moor or 
anchor in either of the special anchorage areas in Henderson Harbor, 
NY.
    The removal of the town's harbormaster as the party from whom one 
must obtain permission to moor or anchor in the Henderson Harbor 
special anchorage areas will not have a significant economic impact on 
a substantial number of small entities because this rule is a minor, 
technical change to the regulation. It does not alter the size or 
character of the special anchorage areas.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.

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

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined

[[Page 49815]]

that this rule and fishing rights protection need not be incompatible. 
We have also determined that this proposed 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. Nevertheless, Indian Tribes that have questions concerning the 
provisions of this proposed rule or options for compliance are 
encouraged to contact the point of contact listed under FOR FURTHER 
INFORMATION CONTACT.

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 
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 figure 2-1, paragraph 
(34)(a), of the Instruction. This rule involves the promulgation of a 
procedural regulation, in that it merely removes the Henderson Harbor's 
harbormaster as the party from whom one must obtain permission to moor 
or anchor in the harbor's special anchorage areas. This rule does not 
alter the size or character of the special anchorage areas. Under 
figure 2-1, paragraph (34)(a), 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
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.


Sec.  110.87  [Amended]

0
2. In Sec.  110.87, remove the Note.

    Dated: September 17, 2009.
D.R. Callahan,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Acting.
[FR Doc. E9-23390 Filed 9-28-09; 8:45 am]

BILLING CODE 4910-15-P
