Proposed Rule2026-11434
Anchorages; Port of New York
Primary source
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Published
June 8, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend regulations to conform to requirements in the National Defense Authorization Act for Fiscal Year 2026, which required the Commandant to prohibit any vessel anchoring on the reach of the Hudson River between Yonkers, New York and Kingston, New York. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 109 (Monday, June 8, 2026)</title>
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[Federal Register Volume 91, Number 109 (Monday, June 8, 2026)]
[Proposed Rules]
[Pages 34585-34589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11434]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2026-0042]
RIN 1625-AA01
Anchorages; Port of New York
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend regulations to conform
to requirements in the National Defense Authorization Act for Fiscal
Year 2026, which required the Commandant to prohibit any vessel
anchoring on the reach of the Hudson River between Yonkers, New York
and Kingston, New York. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 7, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0042.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact Mr. Craig Lapiejko, Northeast District,
Waterways Management Specialist, U.S. Coast Guard; telephone 571-607-
6314 or email <a href="/cdn-cgi/l/email-protection#ecaf9e8d858bc2a8c2a08d9c8589868783ac999f8f8bc2818580"><span class="__cf_email__" data-cfemail="97d4e5f6fef0b9d3b9dbf6e7fef2fdfcf8d7e2e4f4f0b9fafefb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard is proposing this rule under its authority in 46
U.S.C.
[[Page 34586]]
70006, 70007, and 70034. The purpose of this rule is to conform to
changes required by the National Defense Authorization Act for Fiscal
Year 2026 (Pub. L. 119-60) (2026 NDAA). Section 7327 of the 2026 NDAA
amended section 8437 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283) (2021
NDAA). Section 8437 of the 2021 NDAA directed the Secretary of the
department in which the Coast Guard is operating to suspend the
establishment of new anchorage grounds on the Hudson River between
Yonkers, New York, and Kingston, New York. As amended by the 2026 NDAA,
Sec. 8437 provides that the Commandant shall prohibit any vessel from
anchoring on the reach of the Hudson River between Yonkers, New York
and Kingston, New York, unless such anchoring is within any anchorage
established before January 1, 2021.
To implement this statutory requirement, we are proposing a
southern boundary demarcation point near Yonkers, New York, and a
northern boundary demarcation point near Kingston, New York, defined by
specific coordinates. The NDAA requirements would apply to the area
between these boundary demarcation points. We are also proposing a
requirement to notify the Captain of the Port New York (COTP) when
using an exception. The regulatory text we are proposing appears at the
end of this document.
III. Discussion of the Rule
This proposed rule would add a new paragraph to section 110.115(l)
to the anchorage ground regulation for the Port of New York, as cited
in 33 CFR 110.155. The new paragraph, 33 CFR 110.115(l)(15), would
prohibit any vessel from anchoring on the reach of the Hudson River
between Yonkers, New York, and Kingston, New York except under certain
conditions. This prohibition is required by Sec. 8437(c) of the 2021
NDAA, as amended by the 2026 NDAA.
To precisely establish the area in which the anchoring prohibition
applies, the Coast Guard proposes adding a southern boundary
demarcation line at the southernmost end of Yonkers, New York, and a
northern boundary demarcation line at the northernmost end of Kingston,
New York. We have chosen these boundaries because they provide clear,
enforceable limits; ensure comprehensive regulatory coverage; and align
with common practices in regulatory boundary-setting.
Figure 1 illustrates the southern boundary demarcation point in the
Yonkers, New York, area, while Figure 2 depicts the northern boundary
demarcation point in the Kingston, New York, area. Full size colored
chartlets are available in the docket.
BILLING CODE 9110-04-P
(Figure 1 Chartlet Showing the Southern Boundary Demarcation Point,
Yonkers, New York)
[GRAPHIC] [TIFF OMITTED] TP08JN26.000
[[Page 34587]]
(Figure 2 Chartlet Showing the Northern Boundary Demarcation Point,
Kingston, New York)
[GRAPHIC] [TIFF OMITTED] TP08JN26.001
BILLING CODE 9110-04-C
This rule would still permit anchoring in an anchorage established
prior to January 1, 2021. Additionally, the master or pilot of a vessel
operating in this area would be able to take actions necessary to
maintain the safety of the vessel or to prevent the loss of life or
property. Nothing in this rule would be construed as limiting the
authority of the Secretary of the department in which the Coast Guard
is operating to exercise authority over the movement of a vessel under
section 70002 of title 46, United States Code, or any other applicable
laws or regulations governing the safe navigation of a vessel. These
exceptions are consistent with the prohibition in Sec. 8437(c) and the
savings clause in Sec. 8437(d) of the 2021 NDAA, as amended by the
2026 NDAA, as well as the safety exception in 46 U.S.C. 70007(d). The
exceptions would be found in Sec. 110.155(l)(15)(ii) and (iii).
In Sec. 110.155(l)(15)(iv), the Coast Guard proposes that vessels
over 20 meters in length notify the COTP when using the exception in
proposed Sec. 110.155(l)(15)(ii)(A). This will enable the COTP to
maintain awareness of vessels anchored outside of established
anchorages. It would remain unnecessary to notify the COTP when
anchoring in an anchorage established prior to January 1, 2021, or when
the Coast Guard is directing the vessel to anchor.
Regulations for special anchorage areas on the Hudson River are
located in Sec. 110.60(c) and regulations for anchorage grounds on the
Hudson River are located in Sec. 110.155(c). All of the anchorage
grounds and special anchorage areas on the Hudson River were
established prior to January 1, 2021. Therefore, we did not identify
any anchorage grounds or special anchorage areas on the Hudson River
that would need to be removed as part of this change. Vessels may
continue to anchor in any anchorage ground or special anchorage area on
the Hudson River specified in Sec. Sec. 110.60(c) and 110.155(c). We
propose to add a Note to Sec. 110.155(c) alerting mariners to the
special requirements in Sec. 110.155(l)(15).
The regulatory text we are proposing appears at the end of this
document. While most of these requirements are taken directly from the
NDAA and are not discretionary, the Coast Guard invites comments on the
proposed coordinates for the boundary demarcation points for which the
prohibition on anchoring applies and the notification requirement.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses
[[Page 34588]]
based on a number of these statutes and Executive orders.
A. 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. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Vessels will be able to anchor in anchorages established prior to
January 1, 2021, or use an exception if they need to anchor on the
Hudson River between Yonkers, New York, and Kingston, New York.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule will
affect your small business, organization, or governmental jurisdiction
and you have questions, contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. Small businesses may send comments to the
Small Business and Agriculture Regulatory Enforcement Ombudsman and the
Regional Small Business Regulatory Fairness Boards by calling 1-888-
REG-FAIR (1-888-734-3247).
B. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
C. Federalism and Indian Tribal Governments
We have analyzed this proposed rule under Executive Order 13132,
Federalism, and have determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in that Order.
Also, 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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this proposed rule will not
result in an annual expenditure of $100,000,000 or more (adjusted for
inflation) by a State, local, or tribal government, in the aggregate,
or by the private sector.
E. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 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 proposed rule involves an area on the Hudson River
where vessels may not anchor, as well as notification requirements for
certain vessels anchored during exempted circumstances. It is
categorically excluded from further review under paragraphs L5 and L54
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A Record of Environmental Consideration supporting this determination
is available in the docket.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type
USCG-2026-0042 in the search box and click ``Search.'' Next, look for
this document in the Search Results column, and click on it. Then click
on the Comment option. If you cannot submit your material by using
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 is revised to read as follows:
Authority: 33 U.S.C. 2071; 46 U.S.C. 70006, 70007, 70034; Pub.
L 116-283; Pub. L 119-60; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.4.
0
2. Revise Sec. 110.155(c) to add a Note.
0
3. Revise Sec. 110.155(l) to add a new paragraph.
The revisions read as follows:
Sec. 110.155 Port of New York.
* * * * *
(c) * * *
Note to paragraph (c): Anchoring is prohibited on the reach of
the Hudson River between Yonkers, New York and Kingston, New York
except as described in 110.155(l)(15).
* * * * *
(l) * * *
(15) Hudson River prohibition.
(i) Prohibition. Except as provided in paragraph (ii) of this
section, anchoring is prohibited in the Hudson River between the
southern boundary
[[Page 34589]]
demarcation point in Yonkers, New York, created by a line draw from
40[deg]54'55.54'' N, 073[deg]55'39.72'' W; to, 40[deg]54'55.54'' N,
073[deg]54'37.72'' W; and a northern boundary demarcation point in
Kingston, New York, created by a line draw from 41[deg]56'59.78'' N,
073[deg]57'45.25'' W; to, 41[deg]56'59.78'' N, 073[deg]56'43.18'' W.
(ii) Exceptions. A vessel may anchor in the area described in
paragraph (i) of this section under the following conditions:
(A) The master or pilot of a vessel operating in that area is
taking actions necessary to maintain the safety of the vessel or to
prevent the loss of life or property; or
(B) The vessel is anchored within an anchorage that was established
prior to January 1, 2021.
(iii) Nothing in this section shall be construed as limiting the
authority of the Secretary of the department in which the Coast Guard
is operating to exercise authority over the movement of a vessel under
section 70002 of title 46, United States Code, or any other applicable
laws or regulations governing the safe navigation of a vessel.
(iv) Every vessel over 20 meters in length that is anchoring
pursuant to Sec. 110.155(l)(15)(ii)(A) must notify the Captain of the
Port when it sets and weighs anchor.
* * * * *
Michael E. Platt,
RADM, U.S. Coast Guard, Commander, Northeast District.
[FR Doc. 2026-11434 Filed 6-5-26; 8:45 am]
BILLING CODE 9110-04-P
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