[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Proposed Rules]
[Page 28199-28202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn09-20]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 28199]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0085]
RIN 1625-AA11
Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a regulated navigation
area extending from the entrance of East Rockaway Inlet to the Atlantic
Beach Bridge, Nassau County, New York. This regulated navigation area
will affect commercial vessels carrying petroleum products in excess of
250 barrels by requiring them to plan all transits of the regulated
navigation area so that they maintain a minimum of two feet under keel
clearance at all times. Additionally, they may not transit the
regulated navigation area if a small craft advisory, or more severe
weather warning, has been issued, unless authorized by the Captain of
the Port Long Island Sound. This action is necessary because
significant shoaling in this area has reduced the depths of the
navigable channel and has increased the risk of vessels grounding in
the channel and the potential for a significant oil spill.
DATES: Comments and related material must be received by the Coast
Guard on or before August 14, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-0085 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 proposed
rule, call or e-mail Lieutenant Commander Kristen Schroeder, Prevention
Department, CG Sector Long Island Sound at 203-468-4459 or
kristen.m.schroder@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-2008-0085), 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 via http://www.regulations.gov or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a telephone 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-2008-0085'' 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 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments 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 and may change the proposed
rule based on your comments.
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-2008-0085 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. 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. 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 using one of the four methods specified under
ADDRESSES. Please
[[Page 28200]]
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 and place announced by a later notice in the Federal Register.
Background and Purpose
East Rockaway Inlet is on the South Shore of Long Island, in Nassau
County. Water depths in the federal navigation channel change
constantly and have been reduced in some areas to as low as five feet
at times. This channel was last dredged by the Army Corps of Engineers
during the winter of 2008-2009 and is on a 2 year cycle for dredge
work. The channel buoys require regular relocation to mark best water
as the channel shoals in between dredge cycles. 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, and Keyspan E.F. Barrett, an electrical power generation
facility, located in Island Park, Long Island, New York. For vessels
carrying 250 or more barrels of petroleum, approximately 60 transits of
the area occur each year. The shoaling in this area has reduced depths
to a point where there is an increased risk of vessels grounding and
the potential for a significant oil spill. Similar shoaling led to the
grounding in late 2003 of a small coastal tanker carrying home heating
oil.
This proposed rule will provide for the safety of vessel traffic
and protection of the maritime environment in and around East Rockaway
Inlet, Long Island, New York.
Discussion of Proposed Rule
This proposed rule establishes a regulated navigation area (RNA) on
the navigable waters of the East Rockaway Inlet in an area bounded by
lines drawn from position 40[deg]34'56'' N, 073[deg]45'19'' W,
[approximate position of Silver Point breakwater buoy (LLNR 31500)]
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 point of origin. The rule described herein restricts the
transit of vessels carrying petroleum products in excess of 250 barrels
such that they must plan all transits of the RNA to maintain at least
two feet under keel clearance at all times. Additionally, such vessels
are prohibited from transiting the RNA during periods when a small
craft advisory, or more severe weather warning, has been issued, unless
authorized by the Captain of the Port Long Island Sound. In addition,
operators of vessels carrying petroleum products in excess of 250
barrels as cargo that require a nighttime transit through East Rockaway
Inlet may do so only after receiving approval from the Captain of the
Port Long Island Sound. The operator's voyage plan must contain
parameters for transit of the RNA that are acceptable to the Captain of
the Port Long Island Sound. Parameters addressed shall include:
Forecasted weather conditions for the duration of the transit,
restrictions due to state of tide, the loaded draft of the vessel, and
minimum under keel clearance.
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 RNA publication in the Federal
Register, broadcast notifications and notifications in the local notice
to mariners.
Regulatory Analyses
We developed this proposed 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 proposed 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. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation is unnecessary.
The regulated navigation area limits only vessels carrying
petroleum products as cargo and allows vessels with sufficient under
keel clearance to transit during good weather and daylight hours
without having to gain prior approval from the Captain of the Port Long
Island Sound. Otherwise, a vessel may request and receive approval from
the Captain of the Port Long Island Sound, to transit at other times.
Recreational and other maritime traffic is not otherwise restricted or
prohibited from transiting this area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 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.
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.
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 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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Commander Kristen
Schroeder, Prevention Department, CG Sector Long Island Sound at (203)
468-4459. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.
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Collection of Information
This proposed rule would call 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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. Therefore, this rule is
categorically excluded, under section 2.B.2. Figure 2-1, paragraph
34(g), of the instruction and neither an environmental assessment nor
an environmental impact statement is required. This rule involves the
establishing, disestablishing, or changing regulated navigation areas
and security or safety zones. A preliminary ``Environmental Analysis
Checklist'' supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.156 to read as follows:
Sec. 165.156 Regulated Navigation Area, East Rockaway Inlet to
Atlantic Beach Bridge, Nassau County, Long Island, New York.
(a) Location. The following area is a Regulated Navigation Area:
All waters of East Rockaway Inlet in an area bounded by lines drawn
from position 40[deg]34[min]56[sec] N, 073[deg]45[min]19[sec] W,
[approximate position of Silver Point breakwater buoy (LLNR 31500)]
running north to a point of land on the northwest side of the inlet at
position 40[deg]35[min]28[sec] N, 073[deg]46[min]12[sec] 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) The general regulations contained in 33 CFR
Sec. 165.10, Sec. 165.11, and Sec. 165.13 apply.
(2) In accordance with the general regulations, the following
regulations apply to vessels carrying petroleum products in excess of
250 barrels:
(i) The vessel must have plans in place to maintain a minimum of
two feet under keel clearance at all times.
(ii) A vessel requiring a nighttime transit through East Rockaway
Inlet may only do so only after receiving approval from the Captain of
the Port Long Island Sound.
(iii) Vessels are prohibited from transiting East Rockaway Inlet if
a small
[[Page 28202]]
craft advisory or greater has been issued for the area unless specific
approval is received from the Captain of the Port Long Island Sound.
(iv) In an emergency, any vessel may deviate from the regulations
in this section to the extent necessary to avoid endangering the safety
of persons, property, or the environment. If deviation from the
regulations is necessary, the master or their designee shall inform the
Coast Guard as soon as it is practicable to do so.
(c) Waivers. (1) The Captain of the Port Long Island Sound may,
upon request, waive any regulation in this section. (2) A request for a
waiver must include the need for the waiver and describe the proposed
vessel operations through the Regulated Navigation Area.
Dated: May 27, 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E9-13889 Filed 6-12-09; 8:45 am]
BILLING CODE 4910-15-P