Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long Island, NY, 57886-57888 [E9-26991]
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57886
Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations
Louisiana Department of Transportation
and Development.
This deviation is effective from
November 25, 2009 until December 28,
2009.
The LA 75 bridge is a pontoon bridge,
there is no access for vessels to pass
through the bridge while it is in the
closed-to-navigation position. Vessels
have access to two different alternate
routes. One route is the Atchafalaya
River and, the other accessible route is
the Gulf Intracoastal Waterway.
The LA 77 bridge is a swing span
bridge and has a vertical clearance of 2.5
feet above mean high water, elevation
9.0 feet mean sea level and 11.5 feet
above mean low water, elevation 0.0
mean sea level in the closed-tonavigation position. Vessels have access
to the Gulf Intracoastal Waterway as an
alternate route.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 14, 2009.
David M. Frank,
Bridge Administrator.
[FR Doc. E9–26988 Filed 11–9–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Regulatory Information
On June 15, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Regulated Navigation Area;
East Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island,
NY’’ in the Federal Register (74 FR
28199). We did not receive any
comments or requests for meetings on
the proposed rule.
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0085]
RIN 1625–AA11
Regulated Navigation Area; East
Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island,
NY
Coast Guard, DHS.
ACTION: Final rule.
srobinson on DSKHWCL6B1PROD with RULES
AGENCY:
SUMMARY: The Coast Guard is
establishing a regulated navigation area
extending from the entrance of East
Rockaway Inlet to the Atlantic Beach
Bridge, Nassau County, New York. This
regulated navigation area will affect
commercial vessels carrying petroleum
products in excess of 250 barrels by
requiring them to plan all transits of the
regulated navigation area so that they
maintain a minimum of two feet under
keel clearance at all times. Additionally,
they may not transit the regulated
navigation area if a small craft advisory,
or more severe weather warning, has
been issued, unless authorized by the
VerDate Nov<24>2008
16:35 Nov 09, 2009
Jkt 220001
Captain of the Port Long Island Sound.
This action is necessary because
significant shoaling in this area has
reduced the depths of the navigable
channel and has increased the risk of
vessels grounding in the channel and
the potential for a significant oil spill.
DATES: This rule is effective December
10, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0085 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2008–0085 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail: Chief Petty Officer Christie
Dixon, Prevention Department, USCG
Sector Long Island Sound at 203–468–
4459, e-mail: christie.m.dixon@uscg.mil.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
East Rockaway Inlet is on the South
Shore of Long Island, in Nassau County.
Water depths in the federal navigation
channel change constantly and have
been reduced in some areas to as low as
five feet at times. This channel was last
dredged by the Army Corps of Engineers
during the winter of 2008–2009 and is
on a 2 year cycle for dredge work. The
channel buoys require regular relocation
to mark best water as the channel shoals
in between dredge cycles. East
Rockaway Inlet is frequented by small
coastal tankers and tugs towing oil
barges supplying two facilities: Sprague
Energy Oceanside, located in Oceanside,
Long Island, New York, a supplier of
home heating oil for Long Island, and
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Keyspan E.F. Barrett, an electrical
power generation facility, located in
Island Park, Long Island, New York. For
vessels carrying 250 or more barrels of
petroleum, approximately 60 transits
occur in that area each year. The
shoaling in this area has reduced depths
to a point where there is an increased
risk of vessels grounding and the
potential for a significant oil spill.
Similar shoaling led to the grounding in
late 2003 of a small coastal tanker
carrying home heating oil.
This rule will provide for the safety of
vessel traffic and protection of the
maritime environment in and around
East Rockaway Inlet, Long Island, New
York.
Discussion of Comments and Changes
There were not any comments or
changes to the regulatory text.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels carrying petroleum products
intending to transit or anchor in those
portions of the East Rockaway Inlet
covered by the regulated navigation
area; and Sprague Energy Oceanside and
Keyspan E.S. Barrett which receive the
vessels affected by this regulated
E:\FR\FM\10NOR1.SGM
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Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations
navigation area. Recreational and other
maritime traffic is not otherwise
restricted or prohibited from transiting
this area. In the NPRM the Coast Guard
invited small entities who thought their
business would be affected by this rule
to submit a comment explaining why
the entity qualifies and how and to what
degree this rule would economically
affect it. No comments were received
and no changes were made to the
regulation.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Civil Justice Reform
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).
srobinson on DSKHWCL6B1PROD with RULES
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.
VerDate Nov<24>2008
16:35 Nov 09, 2009
Jkt 220001
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
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57887
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
which involves the establishment of a
regulated navigation area was published
as a Notice of Proposed Rulemaking
with an invitation to comment on June
15, 2009. No comments were received
that would affect the assessment of
environmental impacts from this action.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 165.156 to read as follows:
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Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Rules and Regulations
srobinson on DSKHWCL6B1PROD with RULES
§ 165.156 Regulated Navigation Area, East
Rockaway Inlet to Atlantic Beach Bridge,
Nassau County, Long Island, New York.
DEPARTMENT OF HOMELAND
SECURITY
on the proposed rule. No public meeting
was requested, and none was held.
(a) Location. The following area is a
Regulated Navigation Area: All waters
of East Rockaway Inlet in an area
bounded by lines drawn from position
40°34′56″ N, 073°45′19″ W,
(approximate position of Silver Point
breakwater buoy, LLNR 31500) running
north to a point of land on the
northwest side of the inlet at position
40°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) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply.
(2) In accordance with the general
regulations, the following regulations
apply to vessels carrying petroleum
products in excess of 250 barrels:
(i) The vessel must have plans in
place to maintain a minimum of two
feet under keel clearance at all times.
(ii) A vessel requiring a nighttime
transit through East Rockaway Inlet may
only do so only after receiving approval
from the Captain of the Port Long Island
Sound.
(iii) Vessels are prohibited from
transiting East Rockaway Inlet if a small
craft advisory or greater has been issued
for the area unless specific approval is
received from the Captain of the Port
Long Island Sound.
(iv) In an emergency, any vessel may
deviate from the regulations in this
section to the extent necessary to avoid
endangering the safety of persons, the
environment, and or property. If
deviation from the regulations is
necessary, the master or their designee
shall inform the Coast Guard as soon as
it is practicable to do so.
(c) Waivers. (1) The Captain of the
Port Long Island Sound may, upon
request, waive any regulation in this
section.
(2) An application for a waiver must
state the need for the waiver and
describe the proposed vessel operations
through the Regulated Navigation Area.
Coast Guard
Background and Purpose
Sea World is sponsoring the Sea
World December Fireworks, which will
include a fireworks presentation from a
barge in Mission Bay. The safety zone
will extend in a 600 foot radius around
the barge in approximate position
32°46′03″ N, 117°13′11″ W. This
temporary safety zone is necessary to
provide for the safety of the crew,
spectators, participants, and other
vessels and users of the waterway.
Dated: October 22, 2009.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard Commander,
First Coast Guard District.
[FR Doc. E9–26991 Filed 11–9–09; 8:45 am]
BILLING CODE 4910–15–P
VerDate Nov<24>2008
16:35 Nov 09, 2009
Jkt 220001
33 CFR Part 165
[Docket No. USCG–2009–0319]
RIN 1625–AA00
Safety Zone; Sea World December
Fireworks, Mission Bay, San Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a safety zone upon the
navigable waters of Mission Bay near
San Diego, California in support of the
Sea World December Fireworks. This
safety zone is necessary to provide for
the safety of the participants, crew,
spectators, participating vessels, and
other users of the waterway. Persons
and vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
DATES: This rule is effective from 8 p.m.
until 10 p.m. on December 12, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0319 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0319 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Petty Officer Shane
Jackson, Waterways Management, U.S.
Coast Guard Sector San Diego at
telephone 619–278–7262, e-mail
Shane.E.Jackson@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 6, 2009, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Sea World
December Fireworks, Mission Bay, San
Diego, CA in the Federal Register (74
FR 39247). We received no comments
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Fmt 4700
Sfmt 4700
Discussion of Comments and Changes
The Coast Guard received no
comments and made no changes to the
proposed regulation.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the size
and location of the safety zone.
Commercial vessels will not be
hindered by the safety zone.
Recreational vessels will not be allowed
to transit through the designated safety
zone during the specified times unless
authorized to do so by the Captain of the
Port or his designated representative.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
E:\FR\FM\10NOR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Rules and Regulations]
[Pages 57886-57888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26991]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0085]
RIN 1625-AA11
Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a regulated navigation area
extending from the entrance of East Rockaway Inlet to the Atlantic
Beach Bridge, Nassau County, New York. This regulated navigation area
will affect commercial vessels carrying petroleum products in excess of
250 barrels by requiring them to plan all transits of the regulated
navigation area so that they maintain a minimum of two feet under keel
clearance at all times. Additionally, they may not transit the
regulated navigation area if a small craft advisory, or more severe
weather warning, has been issued, unless authorized by the Captain of
the Port Long Island Sound. This action is necessary because
significant shoaling in this area has reduced the depths of the
navigable channel and has increased the risk of vessels grounding in
the channel and the potential for a significant oil spill.
DATES: This rule is effective December 10, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0085 and are available online by going to
https://www.regulations.gov, inserting USCG-2008-0085 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail: Chief Petty Officer Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at 203-468-4459, e-mail:
christie.m.dixon@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 15, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Area; East Rockaway Inlet to
Atlantic Beach Bridge, Nassau County, Long Island, NY'' in the Federal
Register (74 FR 28199). We did not receive any comments or requests for
meetings on the proposed rule.
Background and Purpose
East Rockaway Inlet is on the South Shore of Long Island, in Nassau
County. Water depths in the federal navigation channel change
constantly and have been reduced in some areas to as low as five feet
at times. This channel was last dredged by the Army Corps of Engineers
during the winter of 2008-2009 and is on a 2 year cycle for dredge
work. The channel buoys require regular relocation to mark best water
as the channel shoals in between dredge cycles. East Rockaway Inlet is
frequented by small coastal tankers and tugs towing oil barges
supplying two facilities: Sprague Energy Oceanside, located in
Oceanside, Long Island, New York, a supplier of home heating oil for
Long Island, and Keyspan E.F. Barrett, an electrical power generation
facility, located in Island Park, Long Island, New York. For vessels
carrying 250 or more barrels of petroleum, approximately 60 transits
occur in that area each year. The shoaling in this area has reduced
depths to a point where there is an increased risk of vessels grounding
and the potential for a significant oil spill. Similar shoaling led to
the grounding in late 2003 of a small coastal tanker carrying home
heating oil.
This rule will provide for the safety of vessel traffic and
protection of the maritime environment in and around East Rockaway
Inlet, Long Island, New York.
Discussion of Comments and Changes
There were not any comments or changes to the regulatory text.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels carrying
petroleum products intending to transit or anchor in those portions of
the East Rockaway Inlet covered by the regulated navigation area; and
Sprague Energy Oceanside and Keyspan E.S. Barrett which receive the
vessels affected by this regulated
[[Page 57887]]
navigation area. Recreational and other maritime traffic is not
otherwise restricted or prohibited from transiting this area. In the
NPRM the Coast Guard invited small entities who thought their business
would be affected by this rule to submit a comment explaining why the
entity qualifies and how and to what degree this rule would
economically affect it. No comments were received and no changes were
made to the regulation.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule which involves the establishment
of a regulated navigation area was published as a Notice of Proposed
Rulemaking with an invitation to comment on June 15, 2009. No comments
were received that would affect the assessment of environmental impacts
from this action. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.156 to read as follows:
[[Page 57888]]
Sec. 165.156 Regulated Navigation Area, East Rockaway Inlet to
Atlantic Beach Bridge, Nassau County, Long Island, New York.
(a) Location. The following area is a Regulated Navigation Area:
All waters of East Rockaway Inlet in an area bounded by lines drawn
from position 40[deg]34'56'' N, 073[deg]45'19'' W, (approximate
position of Silver Point breakwater buoy, LLNR 31500) running north to
a point of land on the northwest side of the inlet at position
40[deg]35'28'' N, 073[deg]46'12'' W, thence easterly along the shore to
the east side of the Atlantic Beach Bridge, State Route 878, over East
Rockaway Inlet, thence across the bridge to the south side of East
Rockaway Inlet, thence westerly along the shore and across the water to
the beginning.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply.
(2) In accordance with the general regulations, the following
regulations apply to vessels carrying petroleum products in excess of
250 barrels:
(i) The vessel must have plans in place to maintain a minimum of
two feet under keel clearance at all times.
(ii) A vessel requiring a nighttime transit through East Rockaway
Inlet may only do so only after receiving approval from the Captain of
the Port Long Island Sound.
(iii) Vessels are prohibited from transiting East Rockaway Inlet if
a small craft advisory or greater has been issued for the area unless
specific approval is received from the Captain of the Port Long Island
Sound.
(iv) In an emergency, any vessel may deviate from the regulations
in this section to the extent necessary to avoid endangering the safety
of persons, the environment, and or property. If deviation from the
regulations is necessary, the master or their designee shall inform the
Coast Guard as soon as it is practicable to do so.
(c) Waivers. (1) The Captain of the Port Long Island Sound may,
upon request, waive any regulation in this section.
(2) An application for a waiver must state the need for the waiver
and describe the proposed vessel operations through the Regulated
Navigation Area.
Dated: October 22, 2009.
Joseph L. Nimmich,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. E9-26991 Filed 11-9-09; 8:45 am]
BILLING CODE 4910-15-P
