81_FR_10803 81 FR 10762 - Safety Zone; Newtown Creek, Queens, NY

81 FR 10762 - Safety Zone; Newtown Creek, Queens, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 41 (March 2, 2016)

Page Range10762-10764
FR Document2016-04474

The Coast Guard is establishing a temporary safety zone for navigable waters of Newtown Creek between the Greenpoint Avenue Bridge (mile 1.3) and the entrance to Dutch Kills. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a sunken vessel adjacent to the Federal navigation channel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York.

Federal Register, Volume 81 Issue 41 (Wednesday, March 2, 2016)
[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Rules and Regulations]
[Pages 10762-10764]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04474]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0100]
RIN 1625-AA00


Safety Zone; Newtown Creek, Queens, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Newtown Creek between the Greenpoint Avenue Bridge 
(mile 1.3) and the entrance to Dutch Kills. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by a sunken vessel adjacent to the Federal 
navigation channel. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
New York.

DATES: This rule is effective without actual notice from March 2, 2016 
through March 5, 2016. For the purposes of enforcement, actual notice 
will be used from February 3, 2016 through March 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0100 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. Jeff Yunker, Coast Guard Sector New York Waterways 
Management Division, U.S. Coast Guard; telephone 718-354-4195, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because a vessel sank adjacent to the Federal 
navigation channel at the Sims Hugo Neu facility on Newtown Creek and 
immediate action is needed to respond to the potential safety hazards 
associated with removing cargo from the vessel and refloating the 
vessel. It is impracticable to publish an NPRM because we must 
establish this safety zone by February 3, 2016.
    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 
refloating a sunken barge adjacent to the Federal navigation channel 
starting February 4, 2016 will be a safety concern for anyone between 
the Greenpoint Avenue Bridge (mile 1.3) and the confluence of Newtown 
Creek and Dutch Kills during this process. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while cargo is removed from the vessel 
and the vessel is refloated. Therefore, this rule will remain in effect 
for the time stated herein but will be cancelled if response activities 
are finished cease before March 5, 2016. The preliminary estimate for 
completion of the cargo removal and refloating the vessel is February 
6, 2016. This TFR 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

    This rule establishes a safety zone from 7 a.m. on Wednesday, 
February 3, 2016 through 11:59 p.m. on Saturday, March 5, 2016. The 
safety zone will cover all navigable waters between the Greenpoint 
Avenue Bridge (mile 1.3) and the confluence of Newtown Creek and Dutch 
Kills. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters while the 
vessel is being refloated. 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.

[[Page 10763]]

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. Vessel traffic 
will be able to safely transit through this safety zone which will 
impact a small designated area of Newtown Creek in Queens, NY after 
making passing arrangements with the work vessels while cargo is being 
removed from the sunken barge during daylight hours on February 3, 
2016. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone and the rule allows vessels 
to seek permission to enter 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 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 lasting less than 31 days that will 
prohibit entry between the Greenpoint Avenue Bridge (mile 1.3) and the 
entrance to Dutch Kills on Newtown Creek being used by personnel to 
remove cargo from a sunken vessel and to refloat the vessel. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination will be in the docket where indicated under ADDRESSES. 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;

[[Page 10764]]

Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0100 to read as follows:


Sec.  165.T01-0100  Safety Zone: Newtown Creek, Queens, NY

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of Newtown Creek between the Greenpoint Avenue 
Bridge (mile 1.3) and the entrance to Dutch Kills
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from February 3, 2016 until March 5, 
2016, unless terminated sooner by the COTP.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR 165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated on 
scene representative.
    (3) A ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State or local law 
enforcement officer designated by or assisting the COTP to act on his 
behalf.
    (4) Vessel operators must contact the COTP via the Command Center 
to obtain permission to enter or operate within the safety zone. The 
COTP may be contacted via VHF Channel 16 or at (718) 354-4353. Vessel 
operators given permission to enter or operate within the safety zone 
must comply with all directions given to them by the COTP, via the 
Command Center or an on-scene representative.

    Dated: Februrary 3, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-04474 Filed 3-1-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                  10762             Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations

                                                  related standards for fire extinguishers.               SUMMARY:   The Coast Guard is                         removing cargo from the vessel and
                                                  The rule was based on                                   establishing a temporary safety zone for              refloating the vessel. It is impracticable
                                                  recommendations from the Aviation                       navigable waters of Newtown Creek                     to publish an NPRM because we must
                                                  Rulemaking Advisory Committee                           between the Greenpoint Avenue Bridge                  establish this safety zone by February 3,
                                                  (ARAC) and the National Transportation                  (mile 1.3) and the entrance to Dutch                  2016.
                                                  Safety Board (NTSB), and the changes                    Kills. The safety zone is needed to                      We are issuing this rule, and under 5
                                                  addressed designs for which                             protect personnel, vessels, and the                   U.S.C. 553(d)(3), the Coast Guard finds
                                                  airworthiness directives (ADs) have                     marine environment from potential                     that good cause exists for making it
                                                  been issued by both the FAA and the                     hazards created by a sunken vessel                    effective less than 30 days after
                                                  French civil aviation authority,                        adjacent to the Federal navigation                    publication in the Federal Register.
                                                  Direction Générale de l’Aviation Civile               channel. Entry of vessels or persons into             Delaying the effective date of this rule
                                                  (DGAC). It eliminated certain regulatory                this zone is prohibited unless                        would be contrary to public interest
                                                  differences between the airworthiness                   specifically authorized by the Captain of             because immediate action is needed to
                                                  standards of the FAA and EASA,                          the Port New York.                                    respond to the potential safety hazards
                                                  without affecting current industry                      DATES: This rule is effective without                 associated with removing cargo from the
                                                  design practices. These changes ensured                 actual notice from March 2, 2016                      vessel and refloating the vessel.
                                                  an acceptable level of safety for these                 through March 5, 2016. For the                        III. Legal Authority and Need for Rule
                                                  types of cargo compartments by                          purposes of enforcement, actual notice
                                                  standardizing certain requirements and                  will be used from February 3, 2016                       The Coast Guard is issuing this rule
                                                  procedures.                                             through March 2, 2016.                                under authority in 33 U.S.C. 1231. The
                                                     However, the rule was published with                                                                       COTP has determined that potential
                                                                                                          ADDRESSES: To view documents
                                                  an incorrect amendment number, ‘‘25–                                                                          hazards associated with refloating a
                                                                                                          mentioned in this preamble as being
                                                  141,’’ which is the same amendment                      available in the docket, go to http://                sunken barge adjacent to the Federal
                                                  number as the rule entitled                             www.regulations.gov, type USCG–2016–                  navigation channel starting February 4,
                                                  ‘‘Harmonization of Airworthiness                        0100 in the ‘‘SEARCH’’ box and click                  2016 will be a safety concern for anyone
                                                  Standards—Gust and Maneuver Load                        ‘‘SEARCH.’’ Click on Open Docket                      between the Greenpoint Avenue Bridge
                                                  Requirements’’ (79 FR 73462),                           Folder on the line associated with this               (mile 1.3) and the confluence of
                                                  published on December 11, 2014. The                     rule.                                                 Newtown Creek and Dutch Kills during
                                                  correct amendment number for this rule                                                                        this process. This rule is needed to
                                                                                                          FOR FURTHER INFORMATION CONTACT: If
                                                  should be ‘‘25–142.’’                                                                                         protect personnel, vessels, and the
                                                                                                          you have questions on this rule, call or
                                                                                                                                                                marine environment in the navigable
                                                  Correction                                              email Mr. Jeff Yunker, Coast Guard
                                                                                                                                                                waters within the safety zone while
                                                                                                          Sector New York Waterways
                                                    In FR Doc. 2016–03000, beginning on                                                                         cargo is removed from the vessel and
                                                                                                          Management Division, U.S. Coast
                                                  page 7698 in the Federal Register of                                                                          the vessel is refloated. Therefore, this
                                                                                                          Guard; telephone 718–354–4195, email
                                                  February 16, 2016, make the following                                                                         rule will remain in effect for the time
                                                                                                          jeff.m.yunker@uscg.mil.
                                                  correction:                                                                                                   stated herein but will be cancelled if
                                                                                                          SUPPLEMENTARY INFORMATION:                            response activities are finished cease
                                                  Correction                                              I. Table of Abbreviations                             before March 5, 2016. The preliminary
                                                     1. On page 7698, in the third column,                                                                      estimate for completion of the cargo
                                                                                                          CFR Code of Federal Regulations
                                                  correct the 4th header paragraph from                   COTP Captain of the Port New York
                                                                                                                                                                removal and refloating the vessel is
                                                  ‘‘[Docket No.: FAA–2014–0001; Amdt.                     DHS Department of Homeland Security                   February 6, 2016. This TFR provides for
                                                  No. 25–141]’’ to read as ‘‘[Docket No.:                 FR Federal Register                                   an extended enforcement period in case
                                                  FAA–2014–0001; Amdt. No. 25–142]’’.                     NPRM Notice of Proposed Rulemaking                    of unforeseen circumstances that
                                                                                                          § Section                                             prevent the contractors from completing
                                                    Issued under authority provided by 49                 U.S.C. United States Code
                                                  U.S.C. 106(f) in Washington, DC, on February
                                                                                                                                                                the work within their initial estimated
                                                  24, 2016.                                               II. Background Information and                        timeline.
                                                  Lirio Liu,                                              Regulatory History                                    IV. Discussion of the Rule
                                                  Director, Office of Rulemaking.                            The Coast Guard is issuing this                       This rule establishes a safety zone
                                                  [FR Doc. 2016–04508 Filed 3–1–16; 8:45 am]              temporary rule without prior notice and               from 7 a.m. on Wednesday, February 3,
                                                  BILLING CODE 4910–13–P                                  opportunity to comment pursuant to                    2016 through 11:59 p.m. on Saturday,
                                                                                                          authority under section 4(a) of the                   March 5, 2016. The safety zone will
                                                                                                          Administrative Procedure Act (APA) (5                 cover all navigable waters between the
                                                                                                          U.S.C. 553(b)). This provision                        Greenpoint Avenue Bridge (mile 1.3)
                                                  DEPARTMENT OF HOMELAND
                                                                                                          authorizes an agency to issue a rule                  and the confluence of Newtown Creek
                                                  SECURITY
                                                                                                          without prior notice and opportunity to               and Dutch Kills. The duration of the
                                                  Coast Guard                                             comment when the agency for good                      zone is intended to protect personnel,
                                                                                                          cause finds that those procedures are                 vessels, and the marine environment in
                                                  33 CFR Part 165                                         ‘‘impracticable, unnecessary, or contrary             these navigable waters while the vessel
                                                                                                          to the public interest.’’ Under 5 U.S.C.              is being refloated. No vessel or person
                                                  [Docket Number USCG–2016–0100]                          553(b)(B), the Coast Guard finds that                 will be permitted to enter the safety
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          good cause exists for not publishing a                zone without obtaining permission from
                                                  RIN 1625–AA00                                           notice of proposed rulemaking (NPRM)                  the COTP or a designated
                                                                                                          with respect to this rule because a vessel            representative.
                                                  Safety Zone; Newtown Creek, Queens,                     sank adjacent to the Federal navigation
                                                  NY                                                      channel at the Sims Hugo Neu facility                 V. Regulatory Analyses
                                                  AGENCY:    Coast Guard, DHS.                            on Newtown Creek and immediate                          We developed this rule after
                                                                                                          action is needed to respond to the                    considering numerous statutes and
                                                  ACTION:   Temporary final rule.
                                                                                                          potential safety hazards associated with              Executive order related to rulemaking.


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                                                                    Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations                                            10763

                                                  Below we summarize our analyses                         jurisdiction and you have questions                   State, local, or tribal government, in the
                                                  based on a number of these statutes and                 concerning its provisions or options for              aggregate, or by the private sector of
                                                  Executive orders, and we discuss First                  compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                  Amendment rights of protestors.                         listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                                                                          CONTACT section.                                      will not result in such an expenditure,
                                                  A. Regulatory Planning and Review                          Small businesses may send comments                 we do discuss the effects of this rule
                                                     Executive Orders 12866 and 13563                     on the actions of Federal employees                   elsewhere in this preamble.
                                                  direct agencies to assess the costs and                 who enforce, or otherwise determine
                                                  benefits of available regulatory                        compliance with, Federal regulations to               F. Environment
                                                  alternatives and, if regulation is                      the Small Business and Agriculture                      We have analyzed this rule under
                                                  necessary, to select regulatory                         Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                  approaches that maximize net benefits.                  and the Regional Small Business                       Management Directive 023–01 and
                                                  Executive Order 13563 emphasizes the                    Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                  importance of quantifying both costs                    Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                  and benefits, of reducing costs, of                     annually and rates each agency’s                      complying with the National
                                                  harmonizing rules, and of promoting                     responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                  flexibility. This rule has not been                     wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                  designated a ‘‘significant regulatory                   employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                  action,’’ under Executive Order 12866.                  888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                  Accordingly, it has not been reviewed                   Coast Guard will not retaliate against                individually or cumulatively have a
                                                  by the Office of Management and                         small entities that question or complain              significant effect on the human
                                                  Budget.                                                 about this rule or any policy or action               environment. This rule involves a safety
                                                     This regulatory action determination                 of the Coast Guard.                                   zone lasting less than 31 days that will
                                                  is based on the size, location, duration,                                                                     prohibit entry between the Greenpoint
                                                  and time-of-year of the safety zone.                    C. Collection of Information
                                                                                                                                                                Avenue Bridge (mile 1.3) and the
                                                  Vessel traffic will be able to safely                     This rule will not call for a new                   entrance to Dutch Kills on Newtown
                                                  transit through this safety zone which                  collection of information under the                   Creek being used by personnel to
                                                  will impact a small designated area of                  Paperwork Reduction Act of 1995 (44                   remove cargo from a sunken vessel and
                                                  Newtown Creek in Queens, NY after                       U.S.C. 3501–3520).                                    to refloat the vessel. It is categorically
                                                  making passing arrangements with the                                                                          excluded from further review under
                                                  work vessels while cargo is being                       D. Federalism and Indian Tribal
                                                                                                          Governments                                           paragraph 34(g) of Figure 2–1 of the
                                                  removed from the sunken barge during                                                                          Commandant Instruction. An
                                                  daylight hours on February 3, 2016.                        A rule has implications for federalism
                                                                                                                                                                environmental analysis checklist
                                                  Moreover, the Coast Guard will issue                    under Executive Order 13132,
                                                                                                                                                                supporting this determination and a
                                                  Broadcast Notice to Mariners via VHF–                   Federalism, if it has a substantial direct
                                                                                                                                                                Categorical Exclusion Determination
                                                  FM marine channel 16 about the zone                     effect on the States, on the relationship
                                                                                                                                                                will be in the docket where indicated
                                                  and the rule allows vessels to seek                     between the national government and
                                                                                                                                                                under ADDRESSES. We seek any
                                                  permission to enter the zone.                           the States, or on the distribution of
                                                                                                                                                                comments or information that may lead
                                                                                                          power and responsibilities among the
                                                  B. Impact on Small Entities                                                                                   to the discovery of a significant
                                                                                                          various levels of government. We have
                                                     The Regulatory Flexibility Act of                                                                          environmental impact from this rule.
                                                                                                          analyzed this rule under that Order and
                                                  1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 G. Protest Activities
                                                  requires Federal agencies to consider                   with the fundamental federalism
                                                  the potential impact of regulations on                                                                          The Coast Guard respects the First
                                                                                                          principles and preemption requirements
                                                  small entities during rulemaking. The                                                                         Amendment rights of protesters.
                                                                                                          described in Executive Order 13132.
                                                  term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               Protesters are asked to contact the
                                                  businesses, not-for-profit organizations                implications under Executive Order                    person listed in the FOR FURTHER
                                                                                                                                                                INFORMATION CONTACT section to
                                                  that are independently owned and                        13175, Consultation and Coordination
                                                  operated and are not dominant in their                  with Indian Tribal Governments,                       coordinate protest activities so that your
                                                  fields, and governmental jurisdictions                  because it does not have a substantial                message can be received without
                                                  with populations of less than 50,000.                   direct effect on one or more Indian                   jeopardizing the safety or security of
                                                  The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               people, places or vessels.
                                                  605(b) that this rule will not have a                   Federal Government and Indian tribes,                 List of Subjects in 33 CFR Part 165
                                                  significant economic impact on a                        or on the distribution of power and
                                                  substantial number of small entities.                                                                           Harbors, Marine safety, Navigation
                                                                                                          responsibilities between the Federal
                                                     While some owners or operators of                                                                          (water), Reporting and recordkeeping
                                                                                                          Government and Indian tribes. If you
                                                  vessels intending to transit the safety                                                                       requirements, Security measures,
                                                                                                          believe this rule has implications for
                                                  zone may be small entities, for the                                                                           Waterways.
                                                                                                          federalism or Indian tribes, please
                                                  reasons stated in section V.A above, this               contact the person listed in the FOR                    For the reasons discussed in the
                                                  rule will not have a significant                        FURTHER INFORMATION CONTACT section                   preamble, the Coast Guard amends 33
                                                  economic impact on any vessel owner                     above.                                                CFR part 165 as follows:
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  or operator.
                                                     Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       PART 165—REGULATED NAVIGATION
                                                  Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    AREAS AND LIMITED ACCESS AREAS
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
                                                  we want to assist small entities in                     Federal agencies to assess the effects of             ■ 1. The authority citation for part 165
                                                  understanding this rule. If the rule                    their discretionary regulatory actions. In            continues to read as follows:
                                                  would affect your small business,                       particular, the Act addresses actions                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  organization, or governmental                           that may result in the expenditure by a               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;



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                                                  10764             Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations

                                                  Department of Homeland Security Delegation              provide readjustment counseling                       or Department of Defense medical
                                                  No. 0170.1.                                             services to broader groups of veterans,               records and which will not disclose
                                                  ■ 2. Add § 165.T01–0100 to read as                      members of the Armed Forces,                          such records without either the
                                                  follows:                                                including a member of a reserve                       veteran’s or member’s of the Armed
                                                                                                          component of the Armed Forces, and                    Forces, including a member of a reserve
                                                  § 165.T01–0100 Safety Zone: Newtown                     family members of such veterans and                   component of the Armed Forces,
                                                  Creek, Queens, NY                                       members. This final rule adopts as final              voluntary, signed authorization, or a
                                                     (a) Location. The following area is a                the regulatory criteria to conform to the             specific exception permitting their
                                                  temporary safety zone: All U.S.                         2013 Act, to include new and revised                  release.’’ This sentence now reads
                                                  navigable waters of Newtown Creek                       definitions.                                          ‘‘Benefits under this section are
                                                  between the Greenpoint Avenue Bridge                    DATES: Effective date: March 2, 2016.                 furnished solely by VA Vet Centers,
                                                  (mile 1.3) and the entrance to Dutch                                                                          which maintain confidential records
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Kills                                                   Michael Fisher, Readjustment                          independent from any other VA or
                                                     (b) Enforcement period. The safety                   Counseling Service (10RCS), Veterans                  Department of Defense medical records
                                                  zone described in paragraph (a) of this                 Health Administration, Department of                  and which will not disclose such
                                                  section will be enforced from February                  Veterans Affairs, 810 Vermont Avenue                  records without the voluntary signed
                                                  3, 2016 until March 5, 2016, unless                     NW., Washington, DC 20420; (202) 461–                 authorization of the veteran or member
                                                  terminated sooner by the COTP.                          6525. (This is not a toll-free number.)               of the Armed Forces (including a
                                                     (c) Regulations. (1) In accordance with                                                                    member of a reserve component of the
                                                                                                          SUPPLEMENTARY INFORMATION: On August
                                                  the general regulations in 33 CFR                                                                             Armed Forces), or where a specific
                                                                                                          4, 2015, VA published in the Federal
                                                  165.23, entry into, transiting, or                                                                            exception permits disclosure.’’
                                                                                                          Register an interim final rule that
                                                  anchoring within this safety zone is                                                                             Based on the rationale set forth in the
                                                                                                          implemented the National Defense
                                                  prohibited unless authorized by the                                                                           interim final rule and in this document,
                                                                                                          Authorization Act for Fiscal Year 2013,
                                                  COTP or a designated on scene                                                                                 VA is adopting the provisions of the
                                                                                                          Public Law 112–239 (Jan. 2, 2013) (the
                                                  representative.                                                                                               interim final rule as a final rule making
                                                                                                          2013 Act). 80 FR 46197. VA invited
                                                     (3) A ‘‘on-scene representative’’ of the             interested persons to submit comments                 only technical edits.
                                                  COTP is any Coast Guard                                 on the interim final rule on or before
                                                  commissioned, warrant or petty officer                                                                        Administrative Procedure Act
                                                                                                          October 5, 2015, and we received one
                                                  or a Federal, State or local law                        comment. The commenter questioned                        In accordance with U.S.C. 553(b)(B)
                                                  enforcement officer designated by or                    why the rulemaking is including                       and (d)(3), the Secretary of Veterans
                                                  assisting the COTP to act on his behalf.                individuals who remotely control                      Affairs concluded that there was good
                                                     (4) Vessel operators must contact the                unmanned aerial vehicles as individuals               cause to publish this rule without prior
                                                  COTP via the Command Center to                          who are entitled to receive readjustment              opportunity for public comment and to
                                                  obtain permission to enter or operate                   counseling services and how has VA                    publish this rule with an immediate
                                                  within the safety zone. The COTP may                    and the Department of Defense assessed                effective date. This final rule
                                                  be contacted via VHF Channel 16 or at                   the need for such services for this group             incorporates a specific program
                                                  (718) 354–4353. Vessel operators given                  of individuals. The requirement to                    requirement mandated by Congress in
                                                  permission to enter or operate within                   provide readjustment counseling to                    Public Law 112–239. The Secretary
                                                  the safety zone must comply with all                    individuals who remotely control                      finds that it is impracticable and
                                                  directions given to them by the COTP,                   unmanned aerial vehicles is mandated                  contrary to the public interest to delay
                                                  via the Command Center or an on-scene                   by Public Law 112–239, which is                       this rule for the purpose of soliciting
                                                  representative.                                         implemented by this rulemaking. We do                 advance public comment or to have a
                                                    Dated: Februrary 3, 2016.                             not make any changes based on this                    delayed effective date. This rule will
                                                  M.H. Day,                                               comment.                                              increase the pool of individuals who are
                                                  Captain, U.S. Coast Guard, Captain of the                  Finally, we make a technical edit to               eligible to receive mental health care at
                                                  Port New York.                                          paragraphs (b) and (e) to ensure that                 Vet Centers. This rule will also increase
                                                  [FR Doc. 2016–04474 Filed 3–1–16; 8:45 am]              these provisions are easier to                        access to much needed mental health
                                                  BILLING CODE 9110–04–P
                                                                                                          understand. As amended in the interim                 care services in Vet Centers. For the
                                                                                                          final rule, the first sentence of the                 above reason, the Secretary, through this
                                                                                                          introductory paragraph to paragraph (b)               rulemaking, adopts as final an interim
                                                  DEPARTMENT OF VETERANS                                  read ‘‘With the veteran’s or member’s of              final rule in which we provided prior
                                                  AFFAIRS                                                 the Armed Forces, including a member                  notice and opportunity for the public to
                                                                                                          of a reserve component of the Armed                   comment.
                                                  38 CFR Part 17                                          Forces, consent, VA will assist in
                                                                                                                                                                Effect of Rulemaking
                                                                                                          obtaining proof of eligibility.’’ We
                                                  RIN 2900–AP21                                           determined that this amendatory                         Title 38 of the Code of Federal
                                                                                                          language was grammatically incorrect.                 Regulations, as revised by this final
                                                  Vet Centers
                                                                                                          We are now amending this sentence to                  rulemaking, represents VA’s
                                                  AGENCY:    Department of Veterans Affairs.              read ‘‘With the consent of the veteran or             implementation of its legal authority on
                                                  ACTION:   Final rule.                                   member of the Armed Forces, including                 this subject. Other than future
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          a member of a reserve component of the                amendments to this regulation or
                                                  SUMMARY:    The Department of Veterans                  Armed Forces, VA will assist in                       governing statutes, no contrary guidance
                                                  Affairs (VA) adopts as final an interim                 obtaining proof of eligibility.’’ The first           or procedures are authorized. All
                                                  final rule that amends its medical                      sentence of paragraph (e) was similarly               existing or subsequent VA guidance
                                                  regulation that governs Vet Center                      incorrect and read ‘‘Benefits under this              must be read to conform with this
                                                  services. The National Defense                          section are furnished solely by VA Vet                rulemaking if possible or, if not
                                                  Authorization Act for Fiscal Year 2013                  Centers, which maintain confidential                  possible, such guidance is superseded
                                                  (the 2013 Act) requires Vet Centers to                  records independent from any other VA                 by this rulemaking.


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Document Created: 2018-02-02 15:04:09
Document Modified: 2018-02-02 15:04:09
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 2, 2016 through March 5, 2016. For the purposes of enforcement, actual notice will be used from February 3, 2016 through March 2, 2016.
ContactIf you have questions on this rule, call or email Mr. Jeff Yunker, Coast Guard Sector New York Waterways Management Division, U.S. Coast Guard; telephone 718-354-4195, email [email protected]
FR Citation81 FR 10762 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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