This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

28199 

Vol. 74, No. 113 

Monday, June 15, 2009 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0085] 

RIN 1625–AA11 

Regulated Navigation Area; East 

Rockaway Inlet to Atlantic Beach 

Bridge, Nassau County, Long Island, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a regulated navigation area 

extending from the entrance of East 

Rockaway Inlet to the Atlantic Beach 

Bridge, Nassau County, New York. This 

regulated navigation area will affect 

commercial vessels carrying petroleum 

products in excess of 250 barrels by 

requiring them to plan all transits of the 

regulated navigation area so that they 

maintain a minimum of two feet under 

keel clearance at all times. Additionally, 

they may not transit the regulated 

navigation area if a small craft advisory, 

or more severe weather warning, has 

been issued, unless authorized by the 

Captain of the Port Long Island Sound. 

This action is necessary because 

significant shoaling in this area has 

reduced the depths of the navigable 

channel and has increased the risk of 

vessels grounding in the channel and 

the potential for a significant oil spill. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 14, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–0085 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant 

Commander Kristen Schroeder, 

Prevention Department, CG Sector Long 

Island Sound at 203–468–4459 or 

kristen.m.schroder@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0085), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online via http:// 

www.regulations.gov or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–0085’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the proposed rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–0085 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 


jlentini on PROD1PC65 with PROPOSALS
28200 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

East Rockaway Inlet is on the South 

Shore of Long Island, in Nassau County. 

Water depths in the federal navigation 

channel change constantly and have 

been reduced in some areas to as low as 

five feet at times. This channel was last 

dredged by the Army Corps of Engineers 

during the winter of 2008–2009 and is 

on a 2 year cycle for dredge work. The 

channel buoys require regular relocation 

to mark best water as the channel shoals 

in between dredge cycles. East 

Rockaway Inlet is frequented by small 

coastal tankers and tugs towing oil 

barges supplying two facilities: Sprague 

Energy Oceanside, located in Oceanside, 

Long Island, New York, a supplier of 

home heating oil for Long Island, and 

Keyspan E.F. Barrett, an electrical 

power generation facility, located in 

Island Park, Long Island, New York. For 

vessels carrying 250 or more barrels of 

petroleum, approximately 60 transits of 

the area occur each year. The shoaling 

in this area has reduced depths to a 

point where there is an increased risk of 

vessels grounding and the potential for 

a significant oil spill. Similar shoaling 

led to the grounding in late 2003 of a 

small coastal tanker carrying home 

heating oil. 

This proposed rule will provide for 

the safety of vessel traffic and protection 

of the maritime environment in and 

around East Rockaway Inlet, Long 

Island, New York. 

Discussion of Proposed Rule 

This proposed rule establishes a 

regulated navigation area (RNA) on the 

navigable waters of the East Rockaway 

Inlet in an area bounded by lines drawn 

from position 40°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 said bridge to the south 

side of East Rockaway Inlet, thence 

westerly along the shore and across the 

water to the point of origin. The rule 

described herein restricts the transit of 

vessels carrying petroleum products in 

excess of 250 barrels such that they 

must plan all transits of the RNA to 

maintain at least two feet under keel 

clearance at all times. Additionally, 

such vessels are prohibited from 

transiting the RNA during periods when 

a small craft advisory, or more severe 

weather warning, has been issued, 

unless authorized by the Captain of the 

Port Long Island Sound. In addition, 

operators of vessels carrying petroleum 

products in excess of 250 barrels as 

cargo that require a nighttime transit 

through East Rockaway Inlet may do so 

only after receiving approval from the 

Captain of the Port Long Island Sound. 

The operator’s voyage plan must contain 

parameters for transit of the RNA that 

are acceptable to the Captain of the Port 

Long Island Sound. Parameters 

addressed shall include: Forecasted 

weather conditions for the duration of 

the transit, restrictions due to state of 

tide, the loaded draft of the vessel, and 

minimum under keel clearance. 

Any violation of the RNA described 

herein, is punishable by, among others, 

civil and criminal penalties, in rem 

liability against the offending vessel, 

and license sanctions. 

The Captain of the Port Long Island 

Sound will notify the maritime 

community of the requirements of this 

RNA publication in the Federal 

Register, broadcast notifications and 

notifications in the local notice to 

mariners. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. We expect the economic impact 

of this proposed rule to be so minimal 

that a full Regulatory Evaluation is 

unnecessary. 

The regulated navigation area limits 

only vessels carrying petroleum 

products as cargo and allows vessels 

with sufficient under keel clearance to 

transit during good weather and 

daylight hours without having to gain 

prior approval from the Captain of the 

Port Long Island Sound. Otherwise, a 

vessel may request and receive approval 

from the Captain of the Port Long Island 

Sound, to transit at other times. 

Recreational and other maritime traffic 

is not otherwise restricted or prohibited 

from transiting this area. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels carrying petroleum products 

intending to transit or anchor in those 

portions of the East Rockaway Inlet 

covered by the regulated navigation 

area; and Sprague Energy Oceanside, 

located in Oceanside, Long Island, New 

York, a supplier of home heating oil, 

and Keyspan E.S. Barrett, an electrical 

power generation facility, located in 

Island Park, Long Island, New York, 

which receive the vessels affected by 

this regulated navigation area. For the 

reasons outlined in the Regulatory 

Evaluation section above, this rule will 

not have a significant impact on a 

substantial number of small entities. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Commander Kristen Schroeder, 

Prevention Department, CG Sector Long 

Island Sound at (203) 468–4459. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this proposed rule or any policy 

or action of the Coast Guard. 


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Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

section 2.B.2. Figure 2–1, paragraph 

34(g), of the instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves the 

establishing, disestablishing, or 

changing regulated navigation areas and 

security or safety zones. A preliminary 

‘‘Environmental Analysis Checklist’’ 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.156 to read as follows: 

§ 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°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 


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28202 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Proposed Rules 

craft advisory or greater has been issued 

for the area unless specific approval is 

received from the Captain of the Port 

Long Island Sound. 

(iv) In an emergency, any vessel may 

deviate from the regulations in this 

section to the extent necessary to avoid 

endangering the safety of persons, 

property, or the environment. If 

deviation from the regulations is 

necessary, the master or their designee 

shall inform the Coast Guard as soon as 

it is practicable to do so. 

(c) Waivers. (1) The Captain of the 

Port Long Island Sound may, upon 

request, waive any regulation in this 

section. (2) A request for a waiver must 

include the need for the waiver and 

describe the proposed vessel operations 

through the Regulated Navigation Area. 

Dated: May 27, 2009. 

Dale G. Gabel, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. E9–13889 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1057] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before September 14, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are available for inspection 

at the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1057, to 

William R. Blanton Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

in accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are the minimum that are required. 

They should not be construed to mean 

that the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

proposed to be amended as follows: 

PART 67—[AMENDED] 

1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 


jlentini on PROD1PC65 with PROPOSALS