81_FR_10541 81 FR 10501 - Safety Zone; Sunken Vessel, North Channel, Boston, MA

81 FR 10501 - Safety Zone; Sunken Vessel, North Channel, Boston, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range10501-10504
FR Document2016-04475

The Coast Guard is establishing a 250 yard temporary safety zone within Sector Boston's Captain of the Port (COTP) Zone for a sunken vessel located in Boston Harbor's North Channel. The safety zone will be in effect while the sunken vessel remains on the sea floor to facilitate safe navigation, survey operations, and salvage operations. This action is necessary to ensure that vessels that transit the area are not endangered by hazards associated with a sunken vessel. Entering into, transiting through, mooring or anchoring within this safety zone is prohibited unless authorized by the COTP or the designated on-scene representative.

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10501-10504]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04475]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0127]
RIN 1625-AA00


Safety Zone; Sunken Vessel, North Channel, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 10502]]

SUMMARY: The Coast Guard is establishing a 250 yard temporary safety 
zone within Sector Boston's Captain of the Port (COTP) Zone for a 
sunken vessel located in Boston Harbor's North Channel. The safety zone 
will be in effect while the sunken vessel remains on the sea floor to 
facilitate safe navigation, survey operations, and salvage operations. 
This action is necessary to ensure that vessels that transit the area 
are not endangered by hazards associated with a sunken vessel. Entering 
into, transiting through, mooring or anchoring within this safety zone 
is prohibited unless authorized by the COTP or the designated on-scene 
representative.

DATES: This rule is effective without actual notice from March 1, 2016 
through March 31, 2016. For the purposes of enforcement, actual notice 
will be used from February 16, 2016 through March 1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0127 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Mark Cutter, Coast Guard Sector Boston Waterways 
Management Division, U.S. Coast Guard; telephone 617-223-4000, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
USCG United States Coast Guard

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. There is insufficient time to publish an NPRM and solicit 
comments from the public before establishing a safety zone to address 
an existing hazard to navigation. The nature of the navigational hazard 
requires the immediate establishment of a safety zone.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with removing cargo from the vessel and refloating the 
vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with a 
sunken vessel in a Federal Navigation Deep Draft Channel will be a 
safety concern for vessels that may transit the North Channel. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone until the 
exact location can be determined, and for the safety of vessels and 
personnel involved in survey and salvage operations. This rule will 
remain in effect for the time stated herein but will be cancelled if 
response activities are finished before March 31, 2016. The preliminary 
estimate for completion of the survey to determine exact location is 
February 17, 2016. Once the exact location is determined, the COTP will 
further evaluate if the channel can be opened to vessel traffic. If the 
sunken vessel is located outside of the North Channel, the safety may 
still be needed during times of salvage operations. This temporary 
final rule provides for an extended enforcement period in case of 
unforeseen circumstances that prevent the contractors from completing 
the work within their initial estimated timeline.

IV. Discussion of the Rule

    The sunken vessel addressed in this rule is the tug Emily Anne. The 
tug Emily Anne sank at in the early morning hours of February 16, 2016 
in approximate position; 42[deg]22.4' N., 70[deg]54.77' W. This rule 
establishes a safety zone until the exact position of the sunken vessel 
can be determined and during survey or salvage operations. The safety 
zone will cover all navigable waters from surface to bottom, within a 
250 yard radius of position 42[deg]22.4' N., 70[deg]54.77' W. This 
position is located by buoy 2 Boston Harbor's North Channel. The 
duration of the safety zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters until the exact 
position can be determined and during survey and salvage operations. If 
the sunken vessel is determined to be located outside the North 
Channel, the COTP will reopen the North Channel to vessel traffic and 
use the safety zone during times of survey or salvage operations if 
needed. The owner of the vessel is in the process of arranging salvage 
arrangements. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. A majority of 
vessel traffic will be able to transit Boston Harbor's South Channel. 
The larger deep draft vessels cannot transit the South Channel and they 
will be affected by this safety zone until an exact location of the 
sunken vessel can be determined. If the sunken vessel is located 
outside the channel, vessels will be able to transit in the channel. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small

[[Page 10503]]

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 (adjusted for 
inflation) 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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone possibly lasting more than 31 days that 
will prohibit entry into the North Channel. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. In accordance with Coast Guard NEPA 
Implementing Procedures, while environmental impacts were considered, a 
written environmental analysis checklist supporting this determination 
and a Categorical Exclusion Determination will be available in the 
Federal Register docket for public view.'' We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0127 to read as follows:


Sec.  165.T01-0127  Safety Zone: Sunken Vessel, North Channel, Boston, 
MA

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters from surface to bottom, within a 250 yard radius 
of position 42[deg]22.4' N., 70[deg]54.77' W.
    (b) Regulations. While this safety zone is being enforced, the 
following regulations, along with those contained in 33 CFR 165.23, 
apply:
    (1) No person or vessel may enter or remain in this safety zone 
without the permission of the Captain of the Port (COTP), Sector 
Boston.
    (2) Any person or vessel permitted to enter the safety zone shall 
comply with the directions and orders of the COTP or the COTP's 
representatives. Upon being hailed by siren, radio, flashing lights, or 
other means, the operator of a vessel within the zone shall proceed as 
directed. Any person or vessel within the security zone shall exit the 
zone when directed by the COTP or the COTP's representatives.
    (3) To obtain permissions required by this regulation, individuals 
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center) to obtain permission.
    (4) Penalties. Those who violate this section are subject to the 
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) COTP Representative. The COTP's representative may be any Coast 
Guard commissioned, warrant, or petty officer or any Federal, state, or 
local law enforcement officer who has been designated by the COTP to 
act on the

[[Page 10504]]

COTP's behalf. The COTP's representative may be on a Coast Guard 
vessel, a Coast Guard Auxiliary vessel, federal, state or local law 
enforcement or safety vessel, or a location on shore.
    (d) Effective and enforcement period. The safety zone described in 
paragraph (a) of this section will be enforced from February 16, 2016 
until March 31, 2016, unless terminated sooner by the COTP.
    (e) Notification. The Coast Guard will notify the public of the 
enforcement of this safety zone by Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone.

    Dated: February 16, 2016.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-04475 Filed 2-29-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations                                                       10501

                                                  more in any one year. Though this rule                               G. Protest Activities                                 § 165.120 Security Zone, John Joseph
                                                  will not result in such expenditure, we                                                                                    Moakley United States Courthouse, Boston,
                                                  do discuss the effects of this rule                                    The Coast Guard respects the First                  MA.
                                                  elsewhere in this preamble.                                          Amendment rights of protesters.                         (a) Location. This security zone
                                                                                                                       Protesters are asked to contact the                   encompasses all U.S. navigable waters,
                                                  F. Environment                                                       person listed in the FOR FURTHER                      from surface to bottom, within five
                                                                                                                       INFORMATION CONTACT section to                        hundred (500) yards of the John Joseph
                                                    We have analyzed this rule under                                   coordinate protest activities so that your            Moakley United States Courthouse
                                                  Department of Homeland Security                                      message can be received without                       (Moakley Courthouse) in Boston, MA,
                                                  Management Directive 023–01 and                                      jeopardizing the safety or security of                and following any natural waterside
                                                  Commandant Instruction M16475.lD,                                    people, places, or vessels.                           seawall configuration.
                                                  which guide the Coast Guard in                                                                                                (b) Regulations. While this security
                                                  complying with the National                                          List of Subjects in 33 CFR Part 165
                                                                                                                                                                             zone is being enforced, the following
                                                  Environmental Policy Act of 1969 (42                                   Harbors, Marine safety, Navigation                  regulations, along with those contained
                                                  U.S.C. 4321–4370f), and have                                         (water), Reporting and recordkeeping                  in 33 CFR 165.33, apply:
                                                  determined that this action is one of a                              requirements, Security measures,                         (1) No person or vessel may enter or
                                                  category of actions that do not                                      Waterways.                                            remain in this security zone without the
                                                  individually or cumulatively have a                                                                                        permission of the Captain of the Port
                                                  significant effect on the human                                        For the reasons discussed in the
                                                                                                                       preamble, the Coast Guard amends 33                   (COTP), Sector Boston. However, the
                                                  environment. This final rule involves                                                                                      COTP hereby grants vessels permission
                                                  the establishment of a permanent                                     CFR part 165 as follows:
                                                                                                                                                                             to enter this security zone as long as
                                                  security zone. This rule is categorically                            PART 165—REGULATED NAVIGATION                         such vessels proceed through the area
                                                  excluded from further review under,                                  AREAS AND LIMITED ACCESS AREAS                        with caution and operate at a speed no
                                                  paragraph 34(g) of figure 2–1 of the                                                                                       faster than that speed necessary to
                                                  Commandant Instruction. An                                                                                                 maintain a safe course, unless otherwise
                                                                                                                       ■ 1. The authority citation for part 165
                                                  environmental analysis checklist and a                               continues to read as follows:                         required by the Navigation Rules as
                                                  categorical exclusion determination are                                                                                    published in 33 CFR part 83 and remain
                                                  available in the docket where indicated                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           beyond one hundred (100) yards of the
                                                                                                                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  under ADDRESSES. We seek any                                                                                               Moakley Courthouse in Boston, MA,
                                                                                                                       Department of Homeland Security Delegation
                                                  comments or information that may lead                                No. 0170.1.                                           following any natural waterside seawall
                                                  to the discovery of a significant                                                                                          configuration enclosed by a line
                                                  environmental impact from this rule.                                 ■   2. Add § 165.120 to read as follows:              connecting the following points:

                                                              Latitude                                                                                          Longitude

                                                  42°21′15″   N    .............................   71°02′54″    W.;   Bounded by the curvature of the seawall, thence to
                                                  42°21′18″   N    .............................   71°02′43″    W.;   thence to
                                                  42°21′20″   N    .............................   71°02′40″    W.;   Bounded by 100 yards off the curvature of the seawall, thence to
                                                  42°21′16″   N    .............................   71°02′57″    W.;   thence to point of origin.



                                                     (2) Although vessels have permission                                (5) Penalties. Those who violate this               representative may be on a Coast Guard
                                                  to enter the five hundred (500) yards                                section are subject to the penalties set              vessel, a Coast Guard Auxiliary vessel,
                                                  security zone under the conditions                                   forth in 33 U.S.C. 1232 and 50 U.S.C.                 federal, state or local law enforcement
                                                  mentioned in the preceding paragraph,                                192.                                                  or safety vessel, or a location on shore.
                                                  no person or vessel may come within                                    (c) Effective and enforcement period.                 Dated: February 17, 2016.
                                                  one hundred (100) yards of the Moakley                               This security zone is in effect
                                                                                                                                                                             C.C. Gelzer,
                                                  Courthouse under any conditions unless                               permanently but will only be enforced
                                                                                                                       when deemed necessary by the COTP.                    Captain, U.S. Coast Guard, Captain of the
                                                  given express permission from the                                                                                          Port Boston.
                                                  COTP or the COTP’s designated                                        Anyone, including members of federal,
                                                                                                                       state or local law enforcement agencies,              [FR Doc. 2016–04429 Filed 2–29–16; 8:45 am]
                                                  representatives.
                                                                                                                       may request that this security zone be                BILLING CODE 9110–04–P
                                                     (3) Any person or vessel permitted to
                                                                                                                       enforced.
                                                  enter the security zone shall comply                                   (d) Notification. The COTP will notify
                                                  with the directions and orders of the                                the public of the enforcement of this                 DEPARTMENT OF HOMELAND
                                                  COTP or the COTP’s representatives.                                  security zone by publishing a Notice of               SECURITY
                                                  Upon being hailed by siren, radio,                                   Enforcement (NOE) in the Federal
                                                  flashing lights, or other means, the                                                                                       Coast Guard
                                                                                                                       Register and via the other means listed
                                                  operator of a vessel within the zone                                 in 33 CFR 165.7. Such notifications will
                                                  shall proceed as directed. Any person or                                                                                   33 CFR Part 165
                                                                                                                       include the date and times of
                                                  vessel within the security zone shall                                enforcement, along with any pre-                      [Docket Number USCG–2016–0127]
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  exit the zone when directed by the                                   determined conditions of entry.
                                                  COTP or the COTP’s representatives.                                    (e) COTP representative. The COTP’s                 RIN 1625–AA00
                                                     (4) To obtain permissions required by                             representative may be any Coast Guard
                                                  this regulation, individuals may reach                               commissioned, warrant, or petty officer               Safety Zone; Sunken Vessel, North
                                                  the COTP or a COTP representative via                                or any Federal, state, or local law                   Channel, Boston, MA
                                                  VHF channel 16 or 617–223–5757                                       enforcement officer who has been                      AGENCY:    Coast Guard, DHS.
                                                  (Sector Boston Command Center) to                                    designated by the COTP to act on the
                                                                                                                                                                             ACTION:   Temporary final rule.
                                                  obtain permission.                                                   COTP’s behalf. The COTP’s


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                                                  10502               Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations

                                                  SUMMARY:   The Coast Guard is                           contrary to the public interest. There is             70°54.77′ W. This position is located by
                                                  establishing a 250 yard temporary safety                insufficient time to publish an NPRM                  buoy 2 Boston Harbor’s North Channel.
                                                  zone within Sector Boston’s Captain of                  and solicit comments from the public                  The duration of the safety zone is
                                                  the Port (COTP) Zone for a sunken                       before establishing a safety zone to                  intended to protect personnel, vessels,
                                                  vessel located in Boston Harbor’s North                 address an existing hazard to                         and the marine environment in these
                                                  Channel. The safety zone will be in                     navigation. The nature of the                         navigable waters until the exact position
                                                  effect while the sunken vessel remains                  navigational hazard requires the                      can be determined and during survey
                                                  on the sea floor to facilitate safe                     immediate establishment of a safety                   and salvage operations. If the sunken
                                                  navigation, survey operations, and                      zone.                                                 vessel is determined to be located
                                                  salvage operations. This action is                         We are issuing this rule, and under 5              outside the North Channel, the COTP
                                                  necessary to ensure that vessels that                   U.S.C. 553(d)(3), the Coast Guard finds               will reopen the North Channel to vessel
                                                  transit the area are not endangered by                  that good cause exists for making it                  traffic and use the safety zone during
                                                  hazards associated with a sunken vessel.                effective less than 30 days after                     times of survey or salvage operations if
                                                  Entering into, transiting through,                      publication in the Federal Register.                  needed. The owner of the vessel is in
                                                  mooring or anchoring within this safety                 Delaying the effective date of this rule              the process of arranging salvage
                                                  zone is prohibited unless authorized by                 would be contrary to public interest                  arrangements. No vessel or person will
                                                  the COTP or the designated on-scene                     because immediate action is needed to                 be permitted to enter the safety zone
                                                  representative.                                         respond to the potential safety hazards               without obtaining permission from the
                                                                                                          associated with removing cargo from the               COTP or a designated representative.
                                                  DATES:  This rule is effective without                  vessel and refloating the vessel.
                                                  actual notice from March 1, 2016                                                                              V. Regulatory Analyses
                                                  through March 31, 2016. For the                         III. Legal Authority and Need for Rule
                                                                                                                                                                  We developed this rule after
                                                  purposes of enforcement, actual notice                     The Coast Guard is issuing this rule               considering numerous statutes and
                                                  will be used from February 16, 2016                     under authority in 33 U.S.C. 1231. The                Executive order related to rulemaking.
                                                  through March 1, 2016.                                  COTP has determined that potential                    Below we summarize our analyses
                                                  ADDRESSES: To view documents                            hazards associated with a sunken vessel               based on a number of these statutes and
                                                  mentioned in this preamble as being                     in a Federal Navigation Deep Draft                    Executive orders, and we discuss First
                                                  available in the docket, go to http://                  Channel will be a safety concern for                  Amendment rights of protestors.
                                                  www.regulations.gov, type USCG–2016–                    vessels that may transit the North
                                                  0127 in the ‘‘SEARCH’’ box and click                    Channel. This rule is needed to protect               A. Regulatory Planning and Review
                                                  ‘‘SEARCH.’’ Click on Open Docket                        personnel, vessels, and the marine                       Executive Orders 12866 and 13563
                                                  Folder on the line associated with this                 environment in the navigable waters                   direct agencies to assess the costs and
                                                  rule.                                                   within the safety zone until the exact                benefits of available regulatory
                                                  FOR FURTHER INFORMATION CONTACT: If                     location can be determined, and for the               alternatives and, if regulation is
                                                  you have questions on this rule, call or                safety of vessels and personnel involved              necessary, to select regulatory
                                                  email Mr. Mark Cutter, Coast Guard                      in survey and salvage operations. This                approaches that maximize net benefits.
                                                  Sector Boston Waterways Management                      rule will remain in effect for the time               Executive Order 13563 emphasizes the
                                                  Division, U.S. Coast Guard; telephone                   stated herein but will be cancelled if                importance of quantifying both costs
                                                  617–223–4000, email Mark.E.Cutter@                      response activities are finished before               and benefits, of reducing costs, of
                                                  uscg.mil.                                               March 31, 2016. The preliminary                       harmonizing rules, and of promoting
                                                                                                          estimate for completion of the survey to              flexibility. This rule has not been
                                                  SUPPLEMENTARY INFORMATION:                              determine exact location is February 17,              designated a ‘‘significant regulatory
                                                  I. Table of Abbreviations                               2016. Once the exact location is                      action,’’ under Executive Order 12866.
                                                                                                          determined, the COTP will further                     Accordingly, it has not been reviewed
                                                  CFR Code of Federal Regulations
                                                  DHS Department of Homeland Security
                                                                                                          evaluate if the channel can be opened to              by the Office of Management and
                                                  FR Federal Register                                     vessel traffic. If the sunken vessel is               Budget.
                                                  NPRM Notice of proposed rulemaking                      located outside of the North Channel,                    This regulatory action determination
                                                  § Section                                               the safety may still be needed during                 is based on the size, location, duration,
                                                  U.S.C. United States Code                               times of salvage operations. This                     and time-of-year of the safety zone. A
                                                  USCG United States Coast Guard                          temporary final rule provides for an                  majority of vessel traffic will be able to
                                                  II. Background Information and                          extended enforcement period in case of                transit Boston Harbor’s South Channel.
                                                  Regulatory History                                      unforeseen circumstances that prevent                 The larger deep draft vessels cannot
                                                                                                          the contractors from completing the                   transit the South Channel and they will
                                                     The Coast Guard is issuing this                      work within their initial estimated                   be affected by this safety zone until an
                                                  temporary rule without prior notice and                 timeline.                                             exact location of the sunken vessel can
                                                  opportunity to comment pursuant to                                                                            be determined. If the sunken vessel is
                                                  authority under section 4(a) of the                     IV. Discussion of the Rule
                                                                                                                                                                located outside the channel, vessels will
                                                  Administrative Procedure Act (APA) (5                     The sunken vessel addressed in this                 be able to transit in the channel.
                                                  U.S.C. 553(b)). This provision                          rule is the tug Emily Anne. The tug                   Moreover, the Coast Guard will issue
                                                  authorizes an agency to issue a rule                    Emily Anne sank at in the early morning               Broadcast Notice to Mariners via VHF–
                                                  without prior notice and opportunity to                 hours of February 16, 2016 in                         FM marine channel 16 about the zone.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  comment when the agency for good                        approximate position; 42°22.4′ N.,
                                                  cause finds that those procedures are                   70°54.77′ W. This rule establishes a                  B. Impact on Small Entities
                                                  ‘‘impracticable, unnecessary, or contrary               safety zone until the exact position of                 The Regulatory Flexibility Act of
                                                  to the public interest.’’ Under 5 U.S.C.                the sunken vessel can be determined                   1980, 5 U.S.C. 601–612, as amended,
                                                  553(b)(B), the Coast Guard finds that                   and during survey or salvage operations.              requires Federal agencies to consider
                                                  good cause exists for not publishing an                 The safety zone will cover all navigable              the potential impact of regulations on
                                                  NPRM with respect to this rule because                  waters from surface to bottom, within a               small entities during rulemaking. The
                                                  doing so would be impracticable and                     250 yard radius of position 42°22.4′ N.,              term ‘‘small entities’’ comprises small


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                                                                      Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations                                          10503

                                                  businesses, not-for-profit organizations                   Also, this rule does not have tribal               INFORMATION CONTACT   section to
                                                  that are independently owned and                        implications under Executive Order                    coordinate protest activities so that your
                                                  operated and are not dominant in their                  13175, Consultation and Coordination                  message can be received without
                                                  fields, and governmental jurisdictions                  with Indian Tribal Governments,                       jeopardizing the safety or security of
                                                  with populations of less than 50,000.                   because it does not have a substantial                people, places or vessels.
                                                  The Coast Guard certifies under 5 U.S.C.                direct effect on one or more Indian
                                                                                                          tribes, on the relationship between the               List of Subjects in 33 CFR Part 165
                                                  605(b) that this rule will not have a
                                                  significant economic impact on a                        Federal Government and Indian tribes,                   Harbors, Marine safety, Navigation
                                                  substantial number of small entities.                   or on the distribution of power and                   (water), Reporting and recordkeeping
                                                     While some owners or operators of                    responsibilities between the Federal                  requirements, Security measures,
                                                  vessels intending to transit the safety                 Government and Indian tribes. If you                  Waterways.
                                                  zone may be small entities, for the                     believe this rule has implications for                  For the reasons discussed in the
                                                  reasons stated in section V.A above, this               federalism or Indian tribes, please                   preamble, the Coast Guard amends 33
                                                  rule will not have a significant                        contact the person listed in the FOR                  CFR part 165 as follows:
                                                  economic impact on any vessel owner                     FURTHER INFORMATION CONTACT section
                                                  or operator.                                            above.                                                PART 165—REGULATED NAVIGATION
                                                     Under section 213(a) of the Small                                                                          AREAS AND LIMITED ACCESS AREAS
                                                                                                          E. Unfunded Mandates Reform Act
                                                  Business Regulatory Enforcement                                                                               ■ 1. The authority citation for part 165
                                                                                                            The Unfunded Mandates Reform Act
                                                  Fairness Act of 1996 (Pub. L. 104–121),                                                                       continues to read as follows:
                                                                                                          of 1995 (2 U.S.C. 1531–1538) requires
                                                  we want to assist small entities in
                                                                                                          Federal agencies to assess the effects of               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  understanding this rule. If the rule
                                                                                                          their discretionary regulatory actions. In            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  would affect your small business,
                                                                                                          particular, the Act addresses actions                 Department of Homeland Security Delegation
                                                  organization, or governmental                           that may result in the expenditure by a               No. 0170.1.
                                                  jurisdiction and you have questions                     State, local, or tribal government, in the
                                                  concerning its provisions or options for                                                                      ■ 2. Add § 165.T01–0127 to read as
                                                                                                          aggregate, or by the private sector of                follows:
                                                  compliance, please contact the person                   $100,000,000 (adjusted for inflation) or
                                                  listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                § 165.T01–0127 Safety Zone: Sunken
                                                  CONTACT section.                                                                                              Vessel, North Channel, Boston, MA
                                                                                                          will not result in such an expenditure,
                                                     Small businesses may send comments                   we do discuss the effects of this rule                   (a) Location. The following area is a
                                                  on the actions of Federal employees                     elsewhere in this preamble.                           temporary safety zone: All U.S.
                                                  who enforce, or otherwise determine                                                                           navigable waters from surface to bottom,
                                                  compliance with, Federal regulations to                 F. Environment                                        within a 250 yard radius of position
                                                  the Small Business and Agriculture                         We have analyzed this rule under                   42°22.4′ N., 70°54.77′ W.
                                                  Regulatory Enforcement Ombudsman                        Department of Homeland Security                          (b) Regulations. While this safety zone
                                                  and the Regional Small Business                         Management Directive 023–01 and                       is being enforced, the following
                                                  Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     regulations, along with those contained
                                                  Ombudsman evaluates these actions                       which guide the Coast Guard in                        in 33 CFR 165.23, apply:
                                                  annually and rates each agency’s                        complying with the National                              (1) No person or vessel may enter or
                                                  responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  remain in this safety zone without the
                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                          permission of the Captain of the Port
                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a               (COTP), Sector Boston.
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                          (2) Any person or vessel permitted to
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                   enter the safety zone shall comply with
                                                  small entities that question or complain                significant effect on the human                       the directions and orders of the COTP
                                                  about this rule or any policy or action                 environment. This rule involves a safety              or the COTP’s representatives. Upon
                                                  of the Coast Guard.                                     zone possibly lasting more than 31 days               being hailed by siren, radio, flashing
                                                  C. Collection of Information                            that will prohibit entry into the North               lights, or other means, the operator of a
                                                                                                          Channel. It is categorically excluded                 vessel within the zone shall proceed as
                                                    This rule will not call for a new                     from further review under paragraph                   directed. Any person or vessel within
                                                  collection of information under the                     34(g) of Figure 2–1 of the Commandant                 the security zone shall exit the zone
                                                  Paperwork Reduction Act of 1995 (44                     Instruction. In accordance with Coast                 when directed by the COTP or the
                                                  U.S.C. 3501–3520).                                      Guard NEPA Implementing Procedures,                   COTP’s representatives.
                                                  D. Federalism and Indian Tribal                         while environmental impacts were                         (3) To obtain permissions required by
                                                  Governments                                             considered, a written environmental                   this regulation, individuals may reach
                                                                                                          analysis checklist supporting this                    the COTP or a COTP representative via
                                                     A rule has implications for federalism               determination and a Categorical                       VHF channel 16 or 617–223–5757
                                                  under Executive Order 13132,                            Exclusion Determination will be                       (Sector Boston Command Center) to
                                                  Federalism, if it has a substantial direct              available in the Federal Register docket              obtain permission.
                                                  effect on the States, on the relationship               for public view.’’ We seek any                           (4) Penalties. Those who violate this
                                                  between the national government and                     comments or information that may lead                 section are subject to the penalties set
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                                                  the States, or on the distribution of                   to the discovery of a significant                     forth in 33 U.S.C. 1232 and 50 U.S.C.
                                                  power and responsibilities among the                    environmental impact from this rule.                  192.
                                                  various levels of government. We have                                                                            (c) COTP Representative. The COTP’s
                                                  analyzed this rule under that Order and                 G. Protest Activities                                 representative may be any Coast Guard
                                                  have determined that it is consistent                     The Coast Guard respects the First                  commissioned, warrant, or petty officer
                                                  with the fundamental federalism                         Amendment rights of protesters.                       or any Federal, state, or local law
                                                  principles and preemption requirements                  Protesters are asked to contact the                   enforcement officer who has been
                                                  described in Executive Order 13132.                     person listed in the FOR FURTHER                      designated by the COTP to act on the


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                                                  10504               Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations

                                                  COTP’s behalf. The COTP’s                               for the VTS, a program where VA would                 if the broader definition of ‘‘service
                                                  representative may be on a Coast Guard                  directly transport veterans and other                 animal’’ in § 1.218(a)(11) was not used
                                                  vessel, a Coast Guard Auxiliary vessel,                 persons to or from VA or VA-authorized                in VTS regulations, then VA may create
                                                  federal, state or local law enforcement                 facilities for the purposes of                        conflicting situations where a person
                                                  or safety vessel, or a location on shore.               examination, treatment, or care.                      would be permitted to bring a ‘‘service
                                                     (d) Effective and enforcement period.                Specifically, these regulations would                 animal’’ as defined in § 1.218(a)(11) into
                                                  The safety zone described in paragraph                  define eligible persons, how they may                 a VA facility, but would not be able to
                                                  (a) of this section will be enforced from               apply for transportation benefits, and                use VTS to be transported with such an
                                                  February 16, 2016 until March 31, 2016,                 how VA would provide transportation,                  animal to or from a VA facility. We
                                                  unless terminated sooner by the COTP.                   including such limitations as would be                therefore revise § 70.73(a) to add a
                                                     (e) Notification. The Coast Guard will               necessary for the safe and effective                  reference to § 1.218(a)(11). This revision
                                                  notify the public of the enforcement of                 operation of VTS.                                     to § 70.73(a) addresses the commenter’s
                                                  this safety zone by Broadcast Notice to                    VA invited interested persons to                   concern that VA’s definition of ‘‘service
                                                  Mariners via VHF–FM marine channel                      submit comments on the proposed rule                  animal’’ in § 1.218(a)(11) should be
                                                  16 about the zone.                                      on or before July 27, 2015, and we                    applied consistently in the context of
                                                    Dated: February 16, 2016.                             received one comment regarding                        service animal access, whether the issue
                                                                                                          inconsistent use of and reference to the              is a veteran getting into a VA facility
                                                  C.C. Gelzer,
                                                                                                          term ‘‘service dog’’ in proposed 38 CFR               with their service animal, or a veteran
                                                  Captain, U.S. Coast Guard, Captain of the
                                                                                                          70.71(b)(2) and 70.73(a). Section 70.71               getting to the entrance of that VA
                                                  Port Boston.
                                                                                                          relates to eligibility for VTS, and                   facility with their service animal via VA
                                                  [FR Doc. 2016–04475 Filed 2–29–16; 8:45 am]
                                                                                                          § 70.71(b)(2) as proposed would create                transportation.
                                                  BILLING CODE 9110–04–P                                  VTS eligibility for enrolled veterans for                We do not, however, adopt the
                                                                                                          the purpose of retrieval of, adjustment               commenter’s suggestion to revise
                                                                                                          of, or training concerning medications,               § 70.71(b)(2) to reference ‘‘service
                                                  DEPARTMENT OF VETERANS                                  prosthetic appliances, or a service dog               animal’’ as defined in § 1.218(a)(11). As
                                                  AFFAIRS                                                 (as defined in 38 CFR 17.148). Section                stated earlier in this final rule,
                                                                                                          70.73 relates to arrangement of and                   § 70.71(b)(2) as proposed would create
                                                  38 CFR Part 70                                          requests for transportation under VTS,                VTS eligibility for, among other things,
                                                  RIN 2900–AO92                                           and § 70.73(a) as proposed would                      transportation related to training a
                                                                                                          require an eligible person that wanted to             ‘‘service dog’’ that is recognized under
                                                  Veterans Transportation Service                         use VTS to provide VA with certain                    § 17.148. If we revised § 70.71(b)(2) to
                                                                                                          information to include any special                    replace the reference to ‘‘service dog’’ in
                                                  AGENCY:    Department of Veterans Affairs.
                                                                                                          needs that must be accommodated to                    § 17.148 with a reference to ‘‘service
                                                  ACTION:   Final rule.                                   allow for transportation (e.g.                        animal’’ in § 1.218(a)(11), we would
                                                  SUMMARY:    This document adopts as a                   wheelchair, oxygen tank, service or                   instead create VTS eligibility for
                                                  final rule, with changes, a Department                  guide dog). Unlike § 70.71(b)(2) as                   transportation related to training a
                                                  of Veterans affairs (VA) proposed rule                  proposed, § 70.73(a) as proposed did not              ‘‘service animal’’ that is recognized
                                                  concerning VA’s direct transportation of                reference § 17.148 and therefore would                under § 1.218(a)(11). However, this
                                                  persons for the purposes of                             not be limited by the meaning of the                  would conflict with VA’s service dog
                                                  examination, treatment, and care.                       term ‘‘service dog’’ as it is defined in              benefits standards in § 17.148, because
                                                  Section 202 of the Dignified Burial and                 § 17.148. As noted by the commenter,                  § 17.148(c) has specific training
                                                  Other Veterans’ Benefits Improvement                    the lack of consistency in referencing                requirements that are not present in
                                                  Act of 2012, as amended, authorized VA                  § 17.148 in both §§ 70.71(b)(2) and                   § 1.218(a)(11). The commenter’s
                                                  to carry out a program to transport any                 70.73(a) creates confusion as to whether              suggested revision to § 70.71(b)(2)
                                                  person to or from a VA facility or VA-                  a different meaning of the term ‘‘service             would create scenarios where VA could
                                                  authorized facility, for the purpose of                 dog’’ should be applied when                          provide VTS transport to support the
                                                  examination, treatment, or care. VA is                  determining VTS eligibility under                     non-specific training of a ‘‘service
                                                  authorized to carry out this program                    § 70.71, versus when determining what                 animal’’ that is recognized under
                                                  until December 31, 2016. These                          is required to arrange or request VTS                 § 1.218(a)(11), although VA could not
                                                  regulations provide guidelines for                      transport under § 70.73. As also noted                recognize that training under § 17.148(c)
                                                  veterans and the public regarding this                  by the commenter, a proposed revision                 for the purposes of providing service
                                                  program, hereafter referred to as the                   to another VA regulation would define                 dog benefits. Such a practice could be
                                                  Veterans Transportation Service (VTS).                  the term ‘‘service animal’’ in 38 CFR                 interpreted as VA supporting non-
                                                                                                          1.218(a)(11) more broadly than the term               specific training that is not recognized
                                                  DATES: Effective Date: This rule is
                                                                                                          ‘‘service dog’’ is defined in § 17.148. See           under § 17.148(c), and would erode
                                                  effective March 31, 2016.                               79 FR 69379. Since VA received this                   VA’s training requirements in
                                                  FOR FURTHER INFORMATION CONTACT:                        comment, § 1.218(a)(11) has been                      § 17.148(c). To avoid this conflict
                                                  David Riley, Director, Veterans                         revised to include this broader                       between VA standards related to service
                                                  Transportation Program, Chief Business                  definition of ‘‘service animal.’’ See 80              animal access in § 1.218(a)(11) and VA
                                                  Office (10NB2G), 2957 Clairmont Rd.,                    FR 49157. Ultimately, the commenter                   standards related to service dog benefits
                                                  Atlanta, GA 30329–1647, (404) 828–                      asserted that § 70.71(b)(2) should be                 in § 17.148, we do not make the revision
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                                                  5601. (This is not a toll-free number.)                 revised to refer to the broader definition            to § 70.71(b)(2) as suggested by the
                                                  SUPPLEMENTARY INFORMATION: A                            of ‘‘service animal’’ in § 1.218(a)(11).              commenter.
                                                  proposed rule concerning VA’s direct                       We agree with the commenter that if                   We additionally clarify that VTS
                                                  transportation of persons for the                       a person is eligible for VTS and                      travel to receive training with approved
                                                  purposes of examination, treatment, and                 traveling with a service animal, then the             service dogs under § 17.148 would only
                                                  care was published in the Federal                       broader definition of ‘‘service animal’’              be approved travel under § 70.72(d). The
                                                  Register on May 27, 2015. 80 FR 30190.                  in § 1.218(a)(11) should be used in VTS               types of authorized transportation under
                                                  This rule set forth proposed regulations                regulations. As noted by the commenter,               § 70.72(a)–(c) must be to or from VA or


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Document Created: 2018-02-02 15:00:02
Document Modified: 2018-02-02 15:00:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from March 1, 2016 through March 31, 2016. For the purposes of enforcement, actual notice will be used from February 16, 2016 through March 1, 2016.
ContactIf you have questions on this rule, call or email Mr. Mark Cutter, Coast Guard Sector Boston Waterways Management Division, U.S. Coast Guard; telephone 617-223-4000, email [email protected]
FR Citation81 FR 10501 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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