Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long Island, NY, 31085-31088 [06-5032]
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Rules and Regulations
to be available for student aid) from
appropriations of the Departments of
Defense, Transportation (with respect to
military recruiting), Labor, Health and
Human Services, Education, and Related
Agencies to schools that have a policy or
practice of denying military recruiting
personnel entry to campuses, access to
students on campuses, or access to student
recruiting information. Implementing
regulations are codified at 32 CFR part 216.
This letter provides you an opportunity to
clarify your institution’s policy regarding
military recruiting on the campus of ABC
College. In that regard, I request, within the
next 30 days, a written policy statement of
the institution with respect to access to
campus and students, and to student
recruiting information by military recruiting
personnel.
Your response should highlight any
difference between access for military
recruiters and access for recruiting by other
potential employers.
Based on this information, Department of
Defense officials will make a determination
as to your institution’s eligibility to receive
funds by grant or contract. That decision may
affect eligibility for funding from
appropriations of the Departments of
Defense, Transportation, Labor, Health and
Human Services, Education, and Related
Agencies. Should it be determined that ABC
College is in violation of the aforementioned
statutes, such funding would be stopped, and
the school would be ineligible to receive
such funds in the future.
I regret that this action may have to be
taken. Successful recruiting requires that
Department of Defense recruiters have
reasonable access to students on the
campuses of colleges and universities, and at
the same time have effective relationships
with the officials and student bodies of those
institutions. I hope it will be possible to
(define the correction to the aforementioned
problem area(s)). I am available to answer
any questions.
Sincerely,
mstockstill on PROD1PC68 with RULES
Appendix B of Part 216—ROTC Sample
Letter of Inquiry
(Tailor Letter to Situation Presented)
Dr. Jane Smith
President
ABC College
Anywhere, USA 12345–9876
Dear Dr. Smith: I understand that ABC
College has (refused a request from a Military
Department to establish a Senior ROTC unit
at your institution) (refused to continue
exisiting ROTC programs at your institution)
(prevented students from participation at a
Senior ROTC program at another institution)
by a policy or practice of the College. Current
law 1 prohibits funds by grant or contract
(including a grant of funds to be available for
student aid) from appropriations of the
Departments of Defense, Labor, Health and
Human Services, Education, and Related
Agencies to schools that have a policy or
practice prohibiting or preventing the
Secretary of Defense from maintaining,
establishing, or efficiently operating a Senior
1 10
U.S.C. 983 and 110 Stat. 3009.
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ROTC unit. Those statutes also bar agency
funds for schools that prohibit or prevent a
student from enrolling in an ROTC unit at
another institution of higher education.
Implementing regulations are codified at 32
CFR part 216.
This letter provides you an opportunity to
clarify your institution’s policy regarding
ROTC access on the campus of ABC College.
In that regard, I request, within the next 30
days, a written statement of the institution
with respect to (define the problem area(s)).
Based on this information, Department of
Defense officials will make a determination
as to your institution’s eligibility to receive
funds by grant or contract. The decision may
affect eligibility for funding from
appropriations of the Departments of
Defense, Labor, Health and Human Services,
Education, and Related Agencies. Should it
be determined that ABC College is in
violation of the aforementioned statutes, such
funding would be stopped, and the school
would be ineligible to receive such funds in
the future.
I regret that this action may have to be
taken. Successful officer procurement
requires that the Department of Defense
maintain a strong ROTC program. I hope it
will be possible to (define the correction to
the aforementioned problem area(s)). I am
available to answer any questions.
Sincerely,
Dated: March 25, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 06–5008 Filed 5–31–06; 8:45am]
BILLING CODE 5001–06–M
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
Coast Guard, DHS.
Temporary final rule; change in
effective period and request for
comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is amending
the temporary regulated navigation area
(RNA) from the entrance of East
Rockaway Inlet to the Atlantic Beach
Bridge, Nassau County, New York, and
is extending its effective period.
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 5 feet
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31085
carrying petroleum products as cargo
grounding in the channel, and the
potential for a significant oil spill. This
rule will continue to restrict passage of
commercial vessels carrying petroleum
products with a loaded draft in excess
of 5 feet.
DATES: The amendment to § 165.T01–
106 in this rule is effective May 31,
2006. Section 165.T01–106, added at 70
FR 74676, December 16, 2005, effective
from 6 a.m., November 29, 2005, to
11:59 p.m., May 31, 2006, as amended
in this rule, is extended in effect until
December 1, 2006. Comments and
related material must reach the Coast
Guard on or before July 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 Junior Grade D. Miller,
Waterways Management Division, Coast
Guard Sector Long Island Sound at (203)
468–4596.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 16, 2005, we published
a temporary final rule (TFR) entitled
‘‘Regulated Navigation Area; East
Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island,
NY’’ in the Federal Register (70 FR
74676). The effective period for that rule
is from 6 a.m., November 29, 2005, to
11:59 a.m., May 31, 2006.
We did not publish a notice of
proposed rulemaking (NPRM) for this
TFR that would revise and extend the
effective period of the existing RNA
regulation, 33 CFR 165.T01–106. Under
5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not
publishing an NPRM. This TFR is
urgently needed to protect the maritime
public from shoaling hazards in East
Rockaway Inlet. Specifically, action is
needed to prevent vessels carrying
petroleum products as cargo with a
loaded draft of greater than 5 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
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reduced depths to a point where transit
for vessels drawing greater than 5 feet
increases the immediate risk of
grounding. Therefore, the Coast Guard
has relocated the channel buoys to the
west to account for channel migration.
While these aids now mark the deepest
water in the channel, this channel has
experienced rapid shoaling in the past,
and is expected to experience the same
in the future. The potential for
significant shoaling continues to present
a danger to the maritime public and
thus appropriate regulatory measures
are needed to continue to protect the
maritime public from those hazards in
East Rockaway Inlet. Accordingly, the
Coast Guard anticipates that permanent
regulations will be needed to protect the
maritime users from the risk of
grounding as well as the general public
from the grounding hazards and
resultant potential consequences of
discharging petroleum into the
navigable channel and surrounding
area.
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. The measures contemplated by
this rule were designed to prevent
vessels carrying petroleum products as
cargo with a loaded draft of greater than
5 feet from transiting the area so as to
avoid the potential hazards associated
with a grounding of a vessel and
potential resultant discharge of
petroleum products. The delay inherent
in the NPRM process for developing a
permanent rule is contrary to the public
interest insofar as it may render vessels
at risk for grounding in the interim. The
Coast Guard anticipates that it will
publish an NPRM to establish a
permanent regulated navigation area
addressing the passage of commercial
vessels carrying petroleum products
with a loaded draft in excess of 5 feet
through East Rockaway Inlet.
Specifically, the extension of the
effective period of the temporary final
rule will allow sufficient time for the
public to participate in the permanent
rulemaking process. As described
herein, the temporary final rule
currently in effect is revised and its
effective date is extended. This
extension period will allow for the
continued protection of the maritime
public from the particular grounding
hazards that continue to affect the
Rockaway Inlet while a permanent rule
is developed.
Although we have good cause to
publish this rule without prior notice
and comment, we value public
comments. As a result, we are soliciting
your comments on this temporary rule
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and may revise the temporary rule in
response to public comments.
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
area designated by the Army Corps of
Engineers as 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 were 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 5 feet increases the
risk of immediate grounding, and the
potential for a significant oil spill
resulting from a grounding. Similar
shoaling led to the groundings in late
2003 and in 2004 of small coastal
tankers carrying home heating oil.
The Coast Guard is extending the
effective date of this rule until
December 1, 2006, to allow the
establishment of a permanent regulated
navigation area by notice and comment
rulemaking. Continuing the
requirements in temporary § 165.T01–
106, as amended herein, will allow us
to ensure the public has sufficient time
to participate in the rulemaking process
while we also fulfill our maritime safety
duties.
Discussion of Rule
This rule will continue to provide for
the safety of vessel traffic and the
maritime public in and around East
Rockaway Inlet, Long Island, New York.
This TFR extends the effective period of
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
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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 temporary § 165.T01–106 that
this TFR is extending prohibits the
transit of vessels carrying petroleum
products as cargo, with a loaded draft
greater than 5 feet, through the RNA.
Paragraph (b) of § 165.T01–106 has been
revised to list the factors the COTP will
consider when considering requests to
enter or transit the RNA: environmental
and safety factors, including, but not
limited to: weather conditions affecting
transit (e.g., sea state, state of the tide,
winds, and visibility,) the loaded draft
of the particular vessel seeking to transit
the area, and the minimum under keel
clearance of the particular vessel.
Operators of vessels carrying petroleum
products as cargo with a loaded draft
greater than 5 feet may submit a request
to transit the regulated navigation area.
The Coast Guard is extending the
effective period of the amended
temporary § 165.T01–106 until
December 1, 2006, allowing sufficient
time for public participation and
comment during this rulemaking
process in anticipation of the
development of a permanent rule. The
RNA in temporary § 165.T01–106 will
remain in effect until December 1, 2006.
We have not revised paragraph (a),
which defines the location of the RNA,
but we are republishing it in this rule so
readers can see the entire regulatory text
in this document.
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.
In addition to publishing this TFR in
the Federal Register, 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
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regulatory policies and procedures of
DHS is unnecessary. This regulation
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
5 feet; operators of vessels with a loaded
draft of greater than 5 feet may request
permission to transit the regulated
navigation area from the Captain of the
Port, Long Island Sound. Recreational
and other maritime traffic not covered
by this rule is not prohibited from
transiting this area.
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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; 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 both 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
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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 Junior Grade D.
Miller, Waterways Management
Division, Coast Guard Sector Long
Island Sound, at (203) 468–4596.
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
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31087
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.
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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
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, 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 that there
are no factors in this case that would
limit the use of a categorical exclusion
under 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. This rule
fits the category selected from paragraph
(34)(g), as it would change a regulated
navigation area. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
will be available in the docket where
indicated under ADDRESSES. Comments
on this section will be considered before
we make the final decision on whether
this rule should be categorically
excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
(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
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 5 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 5 feet must
request to transit the regulated
navigation area to the Captain of the
Port, Long Island Sound (COTP). Factors
the COTP will consider before granting
permission to enter or transit the RNA
described in paragraph (a) of this
section are: Environmental and safety
factors, including, but not limited to:
Weather conditions affecting transit
(e.g., sea state, state of the tide, winds,
and visibility), the loaded draft of the
particular vessel seeking to transit the
area, and the minimum under keel
clearance of the particular vessel.
(c) Effective period. This section is
effective from 6 a.m. on November 29,
2005 until December 1, 2006.
Dated: May 23, 2006.
Mark J. Campbell,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
[FR Doc. 06–5032 Filed 5–26–06; 3:49 pm]
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
BILLING CODE 4910–15–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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§ 165.T01–106 Regulated Navigation Area,
East Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island, New
York.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Authority: 33 U.S.C. 1225, 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.
33 CFR Part 165
2. Amend temporary § 165.T01–106,
by revising paragraphs (b) and (c), and
republish paragraph (a), to read as
follows:
Security Zone; Severn River and
College Creek, Annapolis, MD
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[CGD05–06–052]
RIN 1625–AA87
AGENCY:
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Temporary final rule;
correction.
ACTION:
SUMMARY: The Coast Guard published a
document in the Federal Register on
May 25, 2006 (71 FR 30060),
establishing a temporary security zone
on the Severn River and College Creek
during Vice President Cheney’s
attendance at the commencement at the
U.S. Naval Academy in Annapolis,
Maryland. The document contained
incorrect coordinates to describe the
security zone.
The correction to this rule is
effective May 25, 2006. The rule itself is
effective May 26, 2006.
DATES:
Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–06–
052 and are available for inspection or
copying at Commander, Coast Guard
Sector Baltimore, 2401 Hawkins Point
Road, Baltimore, Maryland 21226–1791,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Ronald L. Houck, Waterways
Management Division, U.S. Coast Guard
Sector Baltimore, telephone 410–576–
2674, Fax 410–576–2553.
In FR Doc.
E6–8068 appearing on page 30060 in the
Federal Register of May 25, 2006, the
following correction is made:
SUPPLEMENTARY INFORMATION:
§ 165.35–T05–052
[Corrected]
1. On page 30062, in the first column,
in § 165.35-T05–052 Severn River and
College Creek, Annapolis, MD, revise
paragraph (b) to read as follows:
‘‘The following area is a security zone:
All waters of the Severn River, from
shoreline to shoreline, bounded by a
line drawn from Horseshoe Point
eastward across the Severn River to a
point located at 39°00′01.5″ N., 076°29′
08.5″ W., and a line drawn from
Biemans Point westward across the
Severn River to a point located at
38°59′04″ N., 076°28′50″ W., located at
the Naval Academy Waterfront. This
security zone includes the waters of
College Creek eastward of the King
George Street Bridge (NAD 1983).’’
I
Dated: May 25, 2006.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E6–8428 Filed 5–31–06; 8:45 am]
BILLING CODE 4910–15–P
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[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Pages 31085-31088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5032]
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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; change in effective period and request
for comments.
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SUMMARY: The Coast Guard is amending the temporary regulated navigation
area (RNA) from the entrance of East Rockaway Inlet to the Atlantic
Beach Bridge, Nassau County, New York, and is extending its effective
period. 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 5 feet carrying petroleum products as cargo grounding in
the channel, and the potential for a significant oil spill. This rule
will continue to restrict passage of commercial vessels carrying
petroleum products with a loaded draft in excess of 5 feet.
DATES: The amendment to Sec. 165.T01-106 in this rule is effective May
31, 2006. Section 165.T01-106, added at 70 FR 74676, December 16, 2005,
effective from 6 a.m., November 29, 2005, to 11:59 p.m., May 31, 2006,
as amended in this rule, is extended in effect until December 1, 2006.
Comments and related material must reach the Coast Guard on or before
July 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 Junior Grade D. Miller,
Waterways Management Division, Coast Guard Sector Long Island Sound at
(203) 468-4596.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 16, 2005, we published a temporary final rule (TFR)
entitled ``Regulated Navigation Area; East Rockaway Inlet to Atlantic
Beach Bridge, Nassau County, Long Island, NY'' in the Federal Register
(70 FR 74676). The effective period for that rule is from 6 a.m.,
November 29, 2005, to 11:59 a.m., May 31, 2006.
We did not publish a notice of proposed rulemaking (NPRM) for this
TFR that would revise and extend the effective period of the existing
RNA regulation, 33 CFR 165.T01-106. Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing an NPRM. This TFR
is urgently needed to protect the maritime public from shoaling hazards
in East Rockaway Inlet. Specifically, action is needed to prevent
vessels carrying petroleum products as cargo with a loaded draft of
greater than 5 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
[[Page 31086]]
reduced depths to a point where transit for vessels drawing greater
than 5 feet increases the immediate risk of grounding. Therefore, the
Coast Guard has relocated the channel buoys to the west to account for
channel migration. While these aids now mark the deepest water in the
channel, this channel has experienced rapid shoaling in the past, and
is expected to experience the same in the future. The potential for
significant shoaling continues to present a danger to the maritime
public and thus appropriate regulatory measures are needed to continue
to protect the maritime public from those hazards in East Rockaway
Inlet. Accordingly, the Coast Guard anticipates that permanent
regulations will be needed to protect the maritime users from the risk
of grounding as well as the general public from the grounding hazards
and resultant potential consequences of discharging petroleum into the
navigable channel and surrounding area.
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. The measures contemplated by this
rule were designed to prevent vessels carrying petroleum products as
cargo with a loaded draft of greater than 5 feet from transiting the
area so as to avoid the potential hazards associated with a grounding
of a vessel and potential resultant discharge of petroleum products.
The delay inherent in the NPRM process for developing a permanent rule
is contrary to the public interest insofar as it may render vessels at
risk for grounding in the interim. The Coast Guard anticipates that it
will publish an NPRM to establish a permanent regulated navigation area
addressing the passage of commercial vessels carrying petroleum
products with a loaded draft in excess of 5 feet through East Rockaway
Inlet.
Specifically, the extension of the effective period of the
temporary final rule will allow sufficient time for the public to
participate in the permanent rulemaking process. As described herein,
the temporary final rule currently in effect is revised and its
effective date is extended. This extension period will allow for the
continued protection of the maritime public from the particular
grounding hazards that continue to affect the Rockaway Inlet while a
permanent rule is developed.
Although we have good cause to publish this rule without prior
notice and comment, we value public comments. As a result, we are
soliciting your comments on this temporary rule and may revise the
temporary rule in response to public comments.
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 area
designated by the Army Corps of Engineers as 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 were 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 5 feet increases the risk of immediate grounding,
and the potential for a significant oil spill resulting from a
grounding. Similar shoaling led to the groundings in late 2003 and in
2004 of small coastal tankers carrying home heating oil.
The Coast Guard is extending the effective date of this rule until
December 1, 2006, to allow the establishment of a permanent regulated
navigation area by notice and comment rulemaking. Continuing the
requirements in temporary Sec. 165.T01-106, as amended herein, will
allow us to ensure the public has sufficient time to participate in the
rulemaking process while we also fulfill our maritime safety duties.
Discussion of Rule
This rule will continue to provide for the safety of vessel traffic
and the maritime public in and around East Rockaway Inlet, Long Island,
New York. This TFR extends the effective period of 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[min]56[sec] N, 073[deg]45[min]19[sec] W, 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 said bridge to the
south side of East Rockaway Inlet, thence westerly along the shore and
across the water to the beginning.
The temporary Sec. 165.T01-106 that this TFR is extending
prohibits the transit of vessels carrying petroleum products as cargo,
with a loaded draft greater than 5 feet, through the RNA. Paragraph (b)
of Sec. 165.T01-106 has been revised to list the factors the COTP will
consider when considering requests to enter or transit the RNA:
environmental and safety factors, including, but not limited to:
weather conditions affecting transit (e.g., sea state, state of the
tide, winds, and visibility,) the loaded draft of the particular vessel
seeking to transit the area, and the minimum under keel clearance of
the particular vessel. Operators of vessels carrying petroleum products
as cargo with a loaded draft greater than 5 feet may submit a request
to transit the regulated navigation area.
The Coast Guard is extending the effective period of the amended
temporary Sec. 165.T01-106 until December 1, 2006, allowing sufficient
time for public participation and comment during this rulemaking
process in anticipation of the development of a permanent rule. The RNA
in temporary Sec. 165.T01-106 will remain in effect until December 1,
2006. We have not revised paragraph (a), which defines the location of
the RNA, but we are republishing it in this rule so readers can see the
entire regulatory text in this document.
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.
In addition to publishing this TFR in the Federal Register, 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
[[Page 31087]]
regulatory policies and procedures of DHS is unnecessary. This
regulation 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 5 feet; operators of vessels with a loaded
draft of greater than 5 feet may request permission to transit the
regulated navigation area from the Captain of the Port, Long Island
Sound. Recreational and other maritime traffic not covered by this rule
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;
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 both 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 Junior Grade D. Miller, Waterways Management Division, Coast
Guard Sector Long Island Sound, at (203) 468-4596.
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.
[[Page 31088]]
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 Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, 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
that there are no factors in this case that would limit the use of a
categorical exclusion under 2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction, from further environmental documentation. This rule
fits the category selected from paragraph (34)(g), as it would change a
regulated navigation area. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision on
whether this rule should be categorically excluded from further
environmental review.
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. 1225, 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. Amend temporary Sec. 165.T01-106, by revising paragraphs (b) and
(c), and republish paragraph (a), 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[min]56[sec] N,
073[deg]45[min]19[sec] W, 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) Vessels carrying petroleum products as cargo,
with a loaded draft greater than 5 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 5 feet must request to transit the
regulated navigation area to the Captain of the Port, Long Island Sound
(COTP). Factors the COTP will consider before granting permission to
enter or transit the RNA described in paragraph (a) of this section
are: Environmental and safety factors, including, but not limited to:
Weather conditions affecting transit (e.g., sea state, state of the
tide, winds, and visibility), the loaded draft of the particular vessel
seeking to transit the area, and the minimum under keel clearance of
the particular vessel.
(c) Effective period. This section is effective from 6 a.m. on
November 29, 2005 until December 1, 2006.
Dated: May 23, 2006.
Mark J. Campbell,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 06-5032 Filed 5-26-06; 3:49 pm]
BILLING CODE 4910-15-P
