[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Rules and Regulations]
[Pages 57886-57888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26991]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective December 10, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0085 and are available online by going to 
http://www.regulations.gov, inserting USCG-2008-0085 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is 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: Chief Petty Officer Christie Dixon, Prevention 
Department, USCG Sector Long Island Sound at 203-468-4459, e-mail: 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 15, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Area; East Rockaway Inlet to 
Atlantic Beach Bridge, Nassau County, Long Island, NY'' in the Federal 
Register (74 FR 28199). We did not receive any comments or requests for 
meetings on the proposed rule.

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 
occur in that area 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 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 Comments and Changes

    There were not any comments or changes to the regulatory text.

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.

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 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 and Keyspan E.S. Barrett which receive the 
vessels affected by this regulated

[[Page 57887]]

navigation area. Recreational and other maritime traffic is not 
otherwise restricted or prohibited from transiting this area. In the 
NPRM the Coast Guard invited small entities who thought their business 
would be affected by this rule to submit a comment explaining why the 
entity qualifies and how and to what degree this rule would 
economically affect it. No comments were received and no changes were 
made to the regulation.

Assistance for Small Entities

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

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 
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)(g), of the Instruction. This rule which involves the establishment 
of a regulated navigation area was published as a Notice of Proposed 
Rulemaking with an invitation to comment on June 15, 2009. No comments 
were received that would affect the assessment of environmental impacts 
from this action. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
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, 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; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.156 to read as follows:

[[Page 57888]]

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]34'56'' 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 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 
165.10, 165.11, and 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 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, the environment, and or property. 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) An application for a waiver must state the need for the waiver 
and describe the proposed vessel operations through the Regulated 
Navigation Area.

    Dated: October 22, 2009.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. E9-26991 Filed 11-9-09; 8:45 am]
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