[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Rules and Regulations]
[Page 74676-74679]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de05-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-106]
RIN 1625-AA11
Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
[[Page 74677]]
navigation area from the entrance of East Rockaway Inlet to the
Atlantic Beach Bridge, Nassau County, New York. This regulated
navigation area restricts passage of commercial vessels carrying
petroleum products with a loaded draft in excess of five feet.
Significant shoaling in this area has reduced the depths of the
navigable channel and has increased the risk of vessels with drafts of
greater than five feet carrying petroleum products as cargo grounding
in the channel, and the potential for a significant oil spill.
DATES: This rule is effective from 6 a.m. on November 29, 2005 until
11:59 p.m., on May 31, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-05-106 and will be available for
inspection or copying at Sector Long Island Sound, New Haven, CT,
between 9 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Chief, Waterways
Management Division, Coast Guard Sector Long Island Sound at (203) 468-
4429.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Due to the immediate need for
the protection of the maritime public, it is impracticable to publish a
NPRM in advance. Thus, 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. Any delay in implementing
this rule would be contrary to public interest since immediate action
is needed to prevent vessels carrying petroleum products as cargo with
a loaded draft of greater than five feet from transiting the area so as
to avoid the potential hazards associated with a grounding of a vessel.
East Rockaway Inlet has experienced significant shoaling causing
the channel to migrate towards the west. Water depths in the federal
navigation channel have been reduced in some areas to as low as 5 feet.
This channel was last dredged by the Army Corps of Engineers during the
winter of 2004/2005. However, the shoaling in this area has reduced
depths to a point where transit for vessels drawing greater than five
feet increases the immediate risk of grounding. Therefore, the Coast
Guard is relocating the channel buoys to the west to account for
channel migration. The delay inherent in the NPRM process is contrary
to the public interest and impracticable, as urgent action is needed to
minimize the potential danger posed by the possibility of groundings of
tankers and the potential resultant oil spills in and around this
regulated navigation area. The effective period of this regulation will
provide the Coast Guard with the necessary time to conduct notice and
comment rulemaking in order to establish a permanent regulated
navigation area in East Rockaway Inlet.
Background and Purpose
East Rockaway Inlet is on the South Shore of Long Island, in Nassau
County, New York. The Inlet has experienced significant shoaling since
dredging was completed in the late winter of 2004/2005, causing the
channel to migrate towards the west. Water depths in the federal
navigation channel have been reduced in some areas to as low as 5 feet.
This channel was last dredged by the Army Corps of Engineers during the
winter of 2004/2005. The channel buoys are being relocated to the west
to account for channel migration. East Rockaway Inlet is frequented by
small coastal tankers and tugs towing oil barges supplying two
facilities: Sprague Energy Oceanside, located in Oceanside, Long
Island, New York, a supplier of home heating oil for Long Island, New
York, and Keyspan E.S. Barrett, an electrical power generation
facility, located in Island Park, Long Island, New York. The shoaling
in this area has reduced depths to a point where transit for vessels
drawing greater than five feet increases the risk of immediate
grounding, and the potential for a significant oil spill. Similar
shoaling led to the grounding in late 2003 and in 2004 of small coastal
tankers carrying home heating oil.
Discussion of Rule
This rule will provide for the safety of vessel traffic in and
around East Rockaway Inlet, Long Island, New York. This regulation
establishes a temporary regulated navigation area (RNA) on the
navigable waters of the East Rockaway Inlet in an area bounded by lines
drawn from the approximate position of the Silver Point breakwater buoy
(LLN 31500) at 40[deg]34'56'' N, 073[deg]45'19'' W, running north to a
point of land on the northwest side of the inlet at position
40[deg]35'28'' N, 073[deg]46'12'' W, thence easterly along the shore to
the east side of the Atlantic Beach Bridge, State Route 878, over East
Rockaway Inlet, thence across said bridge to the south side of East
Rockaway Inlet, thence westerly along the shore and across the water to
the beginning. The rule described herein prohibits the transit of
vessels carrying petroleum products as cargo with a loaded draft
greater than five feet through the RNA. Operators of vessels carrying
petroleum products as cargo with a loaded draft greater than five feet
may submit a request to transit the regulated navigation area. The
request must consist of a voyage plan that identifies acceptable
parameters for transiting the RNA to the Captain of the Port, Long
Island Sound. Parameters addressed shall include: Weather conditions
for transit, restrictions due to state of tide, the loaded draft of the
vessel, and minimum under keel clearance. The required general voyage
plan must be submitted at least 48 hours prior to the vessel's first
transit through the RNA. Vessels may only transit the RNA after
receiving approval of the submitted voyage plan. This request and
voyage plan need only be submitted one time for vessels operating in
accordance with the approved plan. Vessel operators must submit any
modifications, and receive approval thereof, from the Captain of the
Port, Long Island Sound of any modifications to the approved voyage
plan prior to transiting the RNA. Modifications to approved plans must
be submitted to the COTP LIS at least 24 hours prior to the transit to
which the modification applies. This RNA is in effect from 6 a.m. on
November 29, 2005 until 11:59 p.m. on May 31, 2006.
Any violation of the RNA described herein, is punishable by, among
others, civil and criminal penalties, in rem liability against the
offending vessel, and license sanctions.
The Captain of the Port Long Island Sound will notify the maritime
community of the requirements of this regulated navigation area via
broadcast notifications and notifications in the local notice to
mariners.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule will be so minimal that
a full Regulatory Evaluation under the regulatory policies and
procedures of DHS is unnecessary. This regulation
[[Page 74678]]
may have some impact on the public, but the potential impact will be
minimized for the following reasons: The regulated navigation area
limits only vessels carrying petroleum products as cargo with a loaded
draft of greater than five feet; operators of vessels with a loaded
draft of greater than five feet may request permission to transit the
regulated navigation area from the Captain of the Port, Long Island
Sound. Recreational and other maritime traffic is not prohibited from
transiting this area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 may affect the following entities, some of which
may be small entities: The owners or operators of vessels carrying
petroleum products intending to transit or anchor in those portions of
the East Rockaway Inlet covered by the regulated navigation area; and
Sprague Energy Oceanside, located in Oceanside, Long Island, New York,
a supplier of home heating oil, and Keyspan E.S. Barrett, an electrical
power generation facility, located in Island Park, Long Island, New
York, which receive the vessels affected by this regulated navigation
area. For the reasons outlined in the Regulatory Evaluation section
above, this rule will not have a significant impact on a substantial
number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this rule so that they
can better evaluate its effects on them and participate in the
rulemaking process. If this rule will affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call
Lieutenant A. Logman, Chief, Waterways Management Division, Coast Guard
Sector Long Island Sound, at (203) 468-4429.
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 affect 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 will not concern 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 will 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this rule might impact tribal governments, even if
that impact may not constitute a ``tribal implication'' under the
Order.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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
[[Page 74679]]
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
The Coast Guard analyzed this rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g) from further environmental documentation.
This rule fits the category selected from paragraph (34)(g), as it
establishes a safety zone. An Environmental Analysis Checklist and
Categorical Exclusion Determination are available for review at the
location listed under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226 and 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 6 a.m. on November 29, 2005 until 11:59 p.m. on May 31, 2006,
add temporary Sec. 165.T01-106 to read as follows:
Sec. 165.T01-106 Regulated Navigation Area, East Rockaway Inlet to
Atlantic Beach Bridge, Nassau County, Long Island, New York.
(a) Location. The following area is established as a Regulated
Navigation Area: All waters of East Rockaway Inlet in an area bounded
by lines drawn from the approximate position of the Silver Point
breakwater buoy (LLN 31500) at 40[deg]34'56'' N, 073[deg]45'19'' W,
running north to a point of land on the northwest side of the inlet at
position 40[deg]35'28'' N, 073[deg]46'12'' W, thence easterly along the
shore to the east side of the Atlantic Beach Bridge, State Route 878,
over East Rockaway Inlet, thence across the bridge to the south side of
East Rockaway Inlet, thence westerly along the shore and across the
water to the beginning.
(b) Regulations. (1) Vessels carrying petroleum products as cargo,
with a loaded draft greater than five feet, are prohibited from
transiting within the regulated navigation area.
(2) Operators of vessels carrying petroleum products as cargo with
a loaded draft greater than five feet must submit a request to transit
the regulated navigation area to the Captain of the Port, Long Island
Sound, at least 48 hours prior to transiting the area. Requests to
transit the area shall consist of a general voyage plan identifying
parameters for transit, to include the following: Weather conditions
for transit, restrictions due to state of tide, the loaded draft of the
vessel, and minimum acceptable under keel clearance. Once approved,
vessels may transit the area in accordance with the approved voyage
plan. Any modification or deviation from approved voyage plans must be
submitted to the Captain of the Port, Long Island Sound at least 24
hours prior to the transit to which the modification applies.
(c) Effective period. This rule is effective from 6 a.m. on
November 29, 2005 until 11:59 p.m. on May 31, 2006.
Dated: November 28, 2005.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 05-24135 Filed 12-15-05; 8:45 am]
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