Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long Island, NY, 74676-74679 [05-24135]
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations
(2) Involves any United States vessel
wherever such casualty or accident
occurs; or
(3) With respect to a foreign tank
vessel operating in waters subject to the
jurisdiction of the United States,
including the Exclusive Economic Zone
(EEZ), involves significant harm to the
environment or material damage
affecting the seaworthiness or efficiency
of the vessel.
(b) The term ‘‘marine casualty or
accident’’ applies to events caused by or
involving a vessel and includes, but is
not limited to, the following:
(1) Any fall overboard, injury, or loss
of life of any person.
(2) Any occurrence involving a vessel
that results in—
(i) Grounding;
(ii) Stranding;
(iii) Foundering;
(iv) Flooding;
(v) Collision;
(vi) Allision;
(vii) Explosion;
(viii) Fire;
(ix) Reduction or loss of a vessel’s
electrical power, propulsion, or steering
capabilities;
(x) Failures or occurrences, regardless
of cause, which impair any aspect of a
vessel’s operation, components, or
cargo;
(xi) Any other circumstance that
might affect or impair a vessel’s
seaworthiness, efficiency, or fitness for
service or route; or
(xii) Any incident involving
significant harm to the environment.
(3) Any occurrences of injury or loss
of life to any person while diving from
a vessel and using underwater breathing
apparatus.
(4) Any incident described in § 4.05–
1(a).
I 9. Add § 4.03–60 to read as follows:
§ 4.03–60
Noxious liquid substance (NLS).
Noxious liquid substance (NLS)
means—
(a) Each substance listed in 33 CFR
151.47 or 151.49;
(b) Each substance having an ‘‘A,’’
‘‘B,’’ ‘‘C,’’ or ‘‘D’’ beside its name in the
column headed ‘‘IMO Annex II
pollution category’’ in table 1 of part
153 of this chapter; and
(c) Each substance that is identified as
an NLS in a written permission issued
under § 153.900(d) of this chapter.
I 10. Add § 4.03–65 to read as follows:
§ 4.03–65 Significant harm to the
environment.
Significant harm to the environment
means—
(a) In the navigable waters of the
United States, a discharge of oil as set
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forth in 40 CFR 110.3 or a discharge of
hazardous substances in quantities
equal to or exceeding, in any 24-hour
period, the reportable quantity
determined in 40 CFR part 117;
(b) In other waters subject to the
jurisdiction of the United States,
including the EEZ—
(1) A discharge of oil in excess of the
quantities or instantaneous rate
permitted in 33 CFR 151.10 or 151.13
during operation of the ship; or
(2) A discharge of noxious liquid
substances in bulk in violation of
§§ 153.1126 or 153.1128 of this chapter
during the operation of the ship; and
(c) In waters subject to the jurisdiction
of the United States, including the EEZ,
a probable discharge of oil, hazardous
substances, marine pollutants, or
noxious liquid substances. The factors
you must consider to determine whether
a discharge is probable include, but are
not limited to—
(1) Ship location and proximity to
land or other navigational hazards;
(2) Weather;
(3) Tide current;
(4) Sea state;
(5) Traffic density;
(6) The nature of damage to the vessel;
and
(7) Failure or breakdown aboard the
vessel, its machinery, or equipment.
I 11. Add § 4.03–70 to read as follows:
§ 4.03–70
Tank vessel.
Tank vessel means a vessel that is
constructed or adapted to carry, or that
carries, oil, hazardous substances,
marine pollutants, or noxious liquid
substances, in bulk as cargo or cargo
residue.
§ 4.05–1
[Amended]
I 12. In § 4.05–1, in paragraph (a)(2),
remove the number ‘‘(7)’’ and add, in its
place, the number ‘‘(8)’’; and add
paragraphs (a)(8) and (c) to read as
follows:
§ 4.05–1
(a) Within the navigable waters of the
United States, its territories, or
possessions. The marine casualty
reporting and investigation criteria of
this part apply to foreign tank vessels
operating on the navigable waters of the
United States, its territories, or
possessions. A written marine casualty
report must be submitted under § 4.05–
10 of this chapter.
(b) Outside the U.S. navigable waters
and within the Exclusive Economic
Zone (EEZ). The owner, agent, master,
operator, or person in charge of a foreign
tank vessel involved in a marine
casualty must report under procedures
detailed in 33 CFR 151.15, immediately
after addressing resultant safety
concerns, whenever the marine casualty
involves, or results in—
(1) Material damage affecting the
seaworthiness or efficiency of the
vessel; or
(2) An occurrence involving
significant harm to the environment as
a result of a discharge, or probable
discharge, resulting from damage to the
vessel or its equipment. The factors you
must consider to determine whether a
discharge is probable include, but are
not limited to—
(i) Ship location and proximity to
land or other navigational hazards;
(ii) Weather;
(iii) Tide current;
(iv) Sea state;
(v) Traffic density;
(vi) The nature of damage to the
vessel; and
(vii) Failure or breakdown aboard the
vessel, its machinery, or equipment.
Dated: December 8, 2005.
Thomas H. Collins,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 05–24125 Filed 12–15–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Notice of marine casualty.
(a) * * *
(8) An occurrence involving
significant harm to the environment as
defined in § 4.03–65.
*
*
*
*
*
(c) Except as otherwise required
under this subpart, if the marine
casualty exclusively involves an
occurrence or occurrences described by
paragraph (a)(8) of this section, a report
made pursuant to 33 CFR 153.203, 40
CFR 117.21, or 40 CFR 302.6 satisfies
the immediate notification requirement
of this section.
I 13. Add § 4.05–2 to read as follows:
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§ 4.05–2 Incidents involving foreign tank
vessels.
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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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary regulated
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations
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
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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°34′56″ N, 073°45′19″ W,
running north to a point of land on the
northwest side of the inlet at position
40°35′28″ N, 073°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
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74677
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
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations
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
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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
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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
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations
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.
I 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
1. The authority citation for part 165
continues to read as follows:
I
northwest side of the inlet at position
40°35′28″ N, 073°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]
BILLING CODE 4910–15–P
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.
ENVIRONMENTAL PROTECTION
AGENCY
2. From 6 a.m. on November 29, 2005
until 11:59 p.m. on May 31, 2006, add
temporary § 165.T01–106 to read as
follows:
40 CFR Part 60
§ 165.T01–106 Regulated Navigation Area,
East Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island, New
York.
CFR Correction
I
(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°34′56″ N, 073°45′19″ W, running
north to a point of land on the
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Standards of Performance for New
Stationary Sources
In title 40 of the Code of Federal
Regulations, Part 60 (§ 60.1 to End),
revised as of July 1, 2005, on page 167,
in § 60.41c, correct the definition of
‘‘Annual capacity factor’’ to read as
follows:
§ 60.41c
Definitions.
*
*
*
*
*
Annual capacity factor means the
ratio between the actual heat input to a
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74679
steam generating unit from an
individual fuel or combination of fuels
during a period of 12 consecutive
calendar months and the potential heat
input to the steam generating unit from
all fuels had the steam generating unit
been operated for 8,760 hours during
that 12-month period at the maximum
design heat input capacity. In the case
of steam generating units that are rented
or leased, the actual heat input shall be
determined based on the combined heat
input from all operations of the affected
facility during a period of 12
consecutive calendar months.
*
*
*
*
*
[FR Doc. 05–55521 Filed 12–15–05; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2005–0234; FRL–7753–4]
Acetic acid, [(5-chloro-8-quinolinyl)
oxy]-, 1-methylhexyl ester
(Cloquintocet-mexyl); Pesticide
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is granting in part, and
denying in part, pesticide petition PP
4E6831 submitted by Syngenta Crop
Protection, Inc. that requested certain
amendments to 40 CFR 180.560 for
acetic acid [(5-chloro-8-quinolinyl) oxy], 1-methylhexyl ester; cloquintocetmexyl; CAS Reg. No. 99607–70–2] and
its acid metabolite (5-chloro-8quinolinoxyacetic acid). EPA issued a
notice pursuant to section 408(d)(3) of
FFDCA, 21 U.S.C. 346a(d)(3) in the
Federal Register of June 2, 2004 (69 FR
31116) (FRL–7357–8) announcing the
filing of this petition requesting that the
tolerance expressions under § 180.560
for wheat forage and hay be increased,
the addition of tolerances for barley
commodities (grain, hay, and straw),
and the inclusion of a reference to the
active ingredient pinoxaden. Although
EPA finds it is safe to add a reference
to pinoxaden and tolerances for barley
(grain, hay, and straw) to this tolerance
regulation, EPA does not agree that
grounds exist to increase the tolerance
expressions for wheat forage and hay.
Thus, EPA is granting Syngenta’s
petition in as far as it seeks to add the
reference pinoxaden and tolerances for
barley (grain, hay, and straw) but is
denying the request to increase the
tolerance expressions for wheat forage
and hay.
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]]>Agencies
[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Rules and Regulations]
[Pages 74676-74679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24135]
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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]
BILLING CODE 4910-15-P
