81_FR_19105 81 FR 19041 - Safety Zone; Hudson River, Tarrytown, NY

81 FR 19041 - Safety Zone; Hudson River, Tarrytown, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 64 (April 4, 2016)

Page Range19041-19043
FR Document2016-07657

The Coast Guard is establishing a temporary moving safety zone for navigable waters of the Hudson River, in the vicinity of the Tappan Zee Bridge around a 100-yard radius of DECK BARGE WITTE 1406. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by salvage operations on the sunken vessel TUG SPECIALIST. 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 64 (Monday, April 4, 2016)
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19041-19043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07657]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0226]
RIN 1625-AA00


Safety Zone; Hudson River, Tarrytown, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for navigable waters of the Hudson River, in the vicinity of the Tappan 
Zee Bridge around a 100-yard radius of DECK BARGE WITTE 1406. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by salvage operations on the 
sunken vessel TUG SPECIALIST. 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 April 4, 2016 
through May 17, 2016. For the purposes of enforcement, actual notice 
will be used from March 17, 2016 through April 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0226 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 MST1 Kristina Pundt, Waterways Management Division, U.S. 
Coast Guard; telephone 718-354-4352, 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

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 immediate action is needed to respond 
to the potential safety hazards associated with the salvage operations 
of TUG SPECIALIST that sank in the Hudson River on March 12, 2016. 
Delaying the effective date of this rule would be contrary to the 
public interest of ensuring the safety of salvage workers, DECK BARGE 
WITTE 1406, other vessels, and mariners from the hazards associated 
with the salvage of TUG SPECIALIST.
    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

[[Page 19042]]

publication in the Federal Register for the same reasons as discussed 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port New York (COTP) has determined that 
potential hazards associated with emergency salvage operations starting 
March 17, 2016, will be a safety concern for anyone within a 100-yard 
radius of DECK BARGE WITTE 1406. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while DECK BARGE WITTE 1406 conducts salvage 
operations on the sunken vessel.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 17, 2016 through May 
17, 2016. The safety zone will cover all navigable waters within 100 
yards of DECK BARGE WITTE 1406 to salvage the sunken tug vessel. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while salvage operations 
are conducted. 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. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Hudson River in the vicinity of 
the Tappan Zee Bridge for 60 days and during a time of year when vessel 
traffic is normally low. 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 approximately 62 that will 
prohibit entry within 100 yards of DECK BARGE WITTE 1406 being used by 
personnel to salvage the sunken tug vessel. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant

[[Page 19043]]

Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination will be 
available 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; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T01-0226 to read as follows:


Sec.  165.T01-0226  Safety Zone; Salvage of TUG SPECIALIST, Hudson 
River, Tarrytown, NY.

    (a) Location. The following area is a safety zone: All navigable 
waters within 100 yards of DECK BARGE WITTE 1406 while it is in the 
Hudson River.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port New York (COTP) in the enforcement of the security 
zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector 
New York Command Center). Those in the safety zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Enforcement period. This section will be enforced from March 
17, 2016 through May 17, 2016, unless terminated sooner by the COTP.

    Dated: March 17, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-07657 Filed 4-1-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations                                        19041

                                                for vessels unable to pass through the                  navigation span provides a vertical                   TUG SPECIALIST. Entry of vessels or
                                                bridge in the closed position. The Coast                clearance of 30 feet above Mean High                  persons into this zone is prohibited
                                                Guard will also inform waterway users                   Water in the closed-to-navigation                     unless specifically authorized by the
                                                through our Local and Broadcast                         position. The draw operates as required               Captain of the Port New York.
                                                Notices to Mariners of the change in                    by 33 CFR 117.189(a). Navigation on the               DATES: This rule is effective without
                                                operating schedule for the bridge so that               waterway is commercial and                            actual notice from April 4, 2016 through
                                                vessel operators can arrange their                      recreational.                                         May 17, 2016. For the purposes of
                                                transits to minimize any impact caused                     The drawspan will be secured in the                enforcement, actual notice will be used
                                                by the temporary deviation.                             closed-to-navigation position from 6:30               from March 17, 2016 through April 4,
                                                   In accordance with 33 CFR 117.35(e),                 a.m. to 11 a.m. on May 1, 2016, to allow              2016.
                                                the drawbridge must return to its regular               the community to participate in the
                                                operating schedule immediately at the                   Pony Express Marathon. This temporary                 ADDRESSES:   To view documents
                                                end of the effective period of this                     deviation has been coordinated with the               mentioned in this preamble as being
                                                temporary deviation. This deviation                     waterway users. No objections to the                  available in the docket, go to http://
                                                from the operating regulations is                       proposed temporary deviation were                     www.regulations.gov, type USCG–2016–
                                                authorized under 33 CFR 117.35.                         raised.                                               0226 in the ‘‘SEARCH’’ box and click
                                                                                                           Vessels able to pass through the                   ‘‘SEARCH.’’ Click on Open Docket
                                                  Dated: March 23, 2016.                                                                                      Folder on the line associated with this
                                                D.H. Sulouff,                                           bridge in the closed position may do so
                                                                                                        at anytime. The bridge will be able to                rule.
                                                District Bridge Chief, Eleventh Coast Guard                                                                   FOR FURTHER INFORMATION CONTACT: If
                                                District.                                               open for emergencies and there is no
                                                                                                        immediate alternate route for vessels to              you have questions on this rule, call or
                                                [FR Doc. 2016–07660 Filed 4–1–16; 8:45 am]
                                                                                                        pass. The Coast Guard will also inform                email MST1 Kristina Pundt, Waterways
                                                BILLING CODE 9110–04–P                                                                                        Management Division, U.S. Coast
                                                                                                        the users of the waterways through our
                                                                                                        Local and Broadcast Notices to Mariners               Guard; telephone 718–354–4352, email
                                                                                                        of the change in operating schedule for               Kristina.H.Pundt@uscg.mil.
                                                DEPARTMENT OF HOMELAND
                                                SECURITY                                                the bridge so that vessels can arrange                SUPPLEMENTARY INFORMATION:
                                                                                                        their transits to minimize any impact
                                                                                                                                                              I. Table of Abbreviations
                                                Coast Guard                                             caused by the temporary deviation.
                                                                                                           In accordance with 33 CFR 117.35(e),               CFR Code of Federal Regulations
                                                33 CFR Part 117                                         the drawbridge must return to its regular             DHS Department of Homeland Security
                                                                                                        operating schedule immediately at the                 FR Federal Register
                                                [Docket No. USCG–2016–0225]                                                                                   NPRM Notice of proposed rulemaking
                                                                                                        end of the effective period of this
                                                                                                                                                              § Section
                                                Drawbridge Operation Regulation;                        temporary deviation. This deviation                   U.S.C. United States Code
                                                Sacramento River, Sacramento, CA                        from the operating regulations is
                                                                                                        authorized under 33 CFR 117.35.                       II. Background Information and
                                                AGENCY: Coast Guard, DHS.                                 Dated: March 23, 2016.                              Regulatory History
                                                ACTION: Notice of deviation from                                                                                 The Coast Guard is issuing this
                                                                                                        D.H. Sulouff,
                                                drawbridge regulation.                                                                                        temporary rule without prior notice and
                                                                                                        District Bridge Chief, Eleventh Coast Guard
                                                SUMMARY:   The Coast Guard has issued a                 District.                                             opportunity to comment pursuant to
                                                temporary deviation from the operating                  [FR Doc. 2016–07656 Filed 4–1–16; 8:45 am]            authority under section 4(a) of the
                                                schedule that governs the Tower                         BILLING CODE 9110–04–P                                Administrative Procedure Act (APA) (5
                                                Drawbridge across the Sacramento                                                                              U.S.C. 553(b)). This provision
                                                River, mile 59.0, at Sacramento, CA. The                                                                      authorizes an agency to issue a rule
                                                deviation is necessary to allow the                     DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                                community to participate in the Pony                    SECURITY                                              comment when the agency for good
                                                Express Marathon. This deviation                                                                              cause finds that those procedures are
                                                allows the bridge to remain in the                      Coast Guard                                           ‘‘impracticable, unnecessary, or contrary
                                                closed-to-navigation position during the                                                                      to the public interest.’’ Under 5 U.S.C.
                                                deviation period.                                       33 CFR Part 165                                       553(b) (B), the Coast Guard finds that
                                                DATES: This deviation is effective from                 [Docket Number USCG–2016–0226]                        good cause exists for not publishing a
                                                6:30 a.m. to 11 a.m. on May 1, 2016.                                                                          notice of proposed rulemaking (NPRM)
                                                                                                        RIN 1625–AA00                                         with respect to this rule because
                                                ADDRESSES: The docket for this
                                                                                                                                                              immediate action is needed to respond
                                                deviation, [USCG–2016–0225] is                          Safety Zone; Hudson River, Tarrytown,                 to the potential safety hazards
                                                available at http://www.regulations.gov.                NY                                                    associated with the salvage operations
                                                FOR FURTHER INFORMATION CONTACT: If                                                                           of TUG SPECIALIST that sank in the
                                                                                                        AGENCY:    Coast Guard, DHS.
                                                you have questions on this temporary                                                                          Hudson River on March 12, 2016.
                                                deviation, call or email David H.                       ACTION:   Temporary final rule.
                                                                                                                                                              Delaying the effective date of this rule
                                                Sulouff, Chief, Bridge Section, Eleventh                SUMMARY:   The Coast Guard is                         would be contrary to the public interest
                                                Coast Guard District; telephone 510–                    establishing a temporary moving safety                of ensuring the safety of salvage
                                                437–3516, email David.H.Sulouff@                        zone for navigable waters of the Hudson               workers, DECK BARGE WITTE 1406,
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                                                uscg.mil.                                               River, in the vicinity of the Tappan Zee              other vessels, and mariners from the
                                                SUPPLEMENTARY INFORMATION: California                   Bridge around a 100-yard radius of                    hazards associated with the salvage of
                                                Department of Transportation has                        DECK BARGE WITTE 1406. The safety                     TUG SPECIALIST.
                                                requested a temporary change to the                     zone is needed to protect personnel,                     We are issuing this rule, and under 5
                                                operation of the Tower Drawbridge,                      vessels, and the marine environment                   U.S.C. 553(d)(3), the Coast Guard finds
                                                mile 59.0, over Sacramento River, at                    from potential hazards created by                     that good cause exists for making it
                                                Sacramento, CA. The vertical lift bridge                salvage operations on the sunken vessel               effective less than 30 days after


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                                                19042                Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations

                                                publication in the Federal Register for                 during a time of year when vessel traffic             D. Federalism and Indian Tribal
                                                the same reasons as discussed above.                    is normally low. Moreover, the Coast                  Governments
                                                                                                        Guard will issue Broadcast Notice to                     A rule has implications for federalism
                                                III. Legal Authority and Need for Rule
                                                                                                        Mariners via VHF–FM marine channel                    under Executive Order 13132,
                                                   The Coast Guard is issuing this rule                 16 about the zone and the rule allows
                                                under authority in 33 U.S.C. 1231. The                                                                        Federalism, if it has a substantial direct
                                                                                                        vessels to seek permission to enter the               effect on the States, on the relationship
                                                Captain of the Port New York (COTP)                     zone.
                                                has determined that potential hazards                                                                         between the national government and
                                                associated with emergency salvage                       B. Impact on Small Entities                           the States, or on the distribution of
                                                operations starting March 17, 2016, will                                                                      power and responsibilities among the
                                                                                                           The Regulatory Flexibility Act of                  various levels of government. We have
                                                be a safety concern for anyone within a                 1980, 5 U.S.C. 601–612, as amended,
                                                100-yard radius of DECK BARGE WITTE                                                                           analyzed this rule under that Order and
                                                                                                        requires Federal agencies to consider                 have determined that it is consistent
                                                1406. This rule is needed to protect                    the potential impact of regulations on
                                                personnel, vessels, and the marine                                                                            with the fundamental federalism
                                                                                                        small entities during rulemaking. The                 principles and preemption requirements
                                                environment in the navigable waters                     term ‘‘small entities’’ comprises small
                                                within the safety zone while DECK                                                                             described in Executive Order 13132.
                                                                                                        businesses, not-for-profit organizations                 Also, this rule does not have tribal
                                                BARGE WITTE 1406 conducts salvage                       that are independently owned and
                                                operations on the sunken vessel.                                                                              implications under Executive Order
                                                                                                        operated and are not dominant in their                13175, Consultation and Coordination
                                                IV. Discussion of the Rule                              fields, and governmental jurisdictions                with Indian Tribal Governments,
                                                                                                        with populations of less than 50,000.                 because it does not have a substantial
                                                   This rule establishes a safety zone
                                                                                                        The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                                from March 17, 2016 through May 17,
                                                                                                        605(b) that this rule will not have a                 tribes, on the relationship between the
                                                2016. The safety zone will cover all
                                                                                                        significant economic impact on a                      Federal Government and Indian tribes,
                                                navigable waters within 100 yards of
                                                                                                        substantial number of small entities.                 or on the distribution of power and
                                                DECK BARGE WITTE 1406 to salvage
                                                the sunken tug vessel. The duration of                     While some owners or operators of                  responsibilities between the Federal
                                                the zone is intended to protect                         vessels intending to transit the safety               Government and Indian tribes. If you
                                                personnel, vessels, and the marine                      zone may be small entities, for the                   believe this rule has implications for
                                                environment in these navigable waters                   reasons stated in section V.A above, this             federalism or Indian tribes, please
                                                while salvage operations are conducted.                 rule will not have a significant                      contact the person listed in the FOR
                                                No vessel or person will be permitted to                economic impact on any vessel owner                   FURTHER INFORMATION CONTACT section
                                                enter the safety zone without obtaining                 or operator.                                          above.
                                                permission from the COTP or a                              Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                designated representative.                              Business Regulatory Enforcement
                                                                                                        Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                                V. Regulatory Analyses                                                                                        of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                        we want to assist small entities in
                                                  We developed this rule after                          understanding this rule. If the rule                  Federal agencies to assess the effects of
                                                considering numerous statutes and                       would affect your small business,                     their discretionary regulatory actions. In
                                                Executive order related to rulemaking.                  organization, or governmental                         particular, the Act addresses actions
                                                Below we summarize our analyses                         jurisdiction and you have questions                   that may result in the expenditure by a
                                                based on a number of these statutes and                 concerning its provisions or options for              State, local, or tribal government, in the
                                                Executive orders, and we discuss First                  compliance, please contact the person                 aggregate, or by the private sector of
                                                Amendment rights of protestors.                         listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                                                                                        CONTACT section.
                                                                                                                                                              more in any one year. Though this rule
                                                A. Regulatory Planning and Review                                                                             will not result in such an expenditure,
                                                   Executive Orders 12866 and 13563                        Small businesses may send comments                 we do discuss the effects of this rule
                                                direct agencies to assess the costs and                 on the actions of Federal employees                   elsewhere in this preamble.
                                                benefits of available regulatory                        who enforce, or otherwise determine
                                                                                                        compliance with, Federal regulations to               F. Environment
                                                alternatives and, if regulation is
                                                necessary, to select regulatory                         the Small Business and Agriculture                       We have analyzed this rule under
                                                approaches that maximize net benefits.                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                Executive Order 13563 emphasizes the                    and the Regional Small Business                       Management Directive 023–01 and
                                                importance of quantifying both costs                    Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                and benefits, of reducing costs, of                     Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                harmonizing rules, and of promoting                     annually and rates each agency’s                      complying with the National
                                                flexibility. This rule has not been                     responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                designated a ‘‘significant regulatory                   wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                action,’’ under Executive Order 12866.                  employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                Accordingly, it has not been reviewed                   888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                by the Office of Management and                         Coast Guard will not retaliate against                individually or cumulatively have a
                                                Budget.                                                 small entities that question or complain              significant effect on the human
                                                   This regulatory action determination                 about this rule or any policy or action               environment. This rule involves: A
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                                                is based on the size, location, duration,               of the Coast Guard.                                   safety zone lasting approximately 62
                                                and time-of-year of the safety zone.                    C. Collection of Information                          that will prohibit entry within 100 yards
                                                Vessel traffic will be able to safely                                                                         of DECK BARGE WITTE 1406 being
                                                transit around this safety zone which                     This rule will not call for a new                   used by personnel to salvage the sunken
                                                will impact a small designated area of                  collection of information under the                   tug vessel. It is categorically excluded
                                                the Hudson River in the vicinity of the                 Paperwork Reduction Act of 1995 (44                   from further review under paragraph
                                                Tappan Zee Bridge for 60 days and                       U.S.C. 3501–3520).                                    34(g) of Figure 2–1 of the Commandant


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                                                                     Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations                                          19043

                                                Instruction. An environmental analysis                  York Command Center). Those in the                    Reporting and Use of Information
                                                checklist supporting this determination                 safety zone must comply with all lawful               Concerning Recipient Integrity and
                                                and a Categorical Exclusion                             orders or directions given to them by the             Performance’’ to 2 CFR part 200,
                                                Determination will be available in the                  COTP or the COTP’s designated                         published on July 22, 2015 (80 FR
                                                docket where indicated under                            representative.                                       43301), and ‘‘Universal Identifier and
                                                ADDRESSES. We seek any comments or                        (d) Enforcement period. This section                System of Award Management;
                                                information that may lead to the                        will be enforced from March 17, 2016                  Corrections’’, published on September
                                                discovery of a significant environmental                through May 17, 2016, unless                          10, 2015 (80 FR 54407), made by the
                                                impact from this rule.                                  terminated sooner by the COTP.                        Office of Management and Budget
                                                                                                          Dated: March 17, 2016.                              (OMB). HHS adopts the correcting
                                                G. Protest Activities
                                                                                                        M.H. Day,                                             amendments made by OMB. HHS is also
                                                  The Coast Guard respects the First                                                                          making amendments to address citation
                                                                                                        Captain, U.S. Coast Guard, Captain of the
                                                Amendment rights of protesters.                         Port New York.                                        or grammatical inconsistencies, to
                                                Protesters are asked to contact the                                                                           amend incomplete statements in the
                                                                                                        [FR Doc. 2016–07657 Filed 4–1–16; 8:45 am]
                                                person listed in the FOR FURTHER                                                                              regulation, and to update existing HHS
                                                                                                        BILLING CODE 9110–04–P
                                                INFORMATION CONTACT section to                                                                                regulations to incorporate 45 CFR part
                                                coordinate protest activities so that your                                                                    75. The correcting amendments will go
                                                message can be received without                                                                               into effect at the time of publication.
                                                jeopardizing the safety or security of                  DEPARTMENT OF HEALTH AND
                                                                                                                                                                 This is the second set of corrections.
                                                people, places or vessels.                              HUMAN SERVICES
                                                                                                                                                              The first set of corrections was
                                                List of Subjects in 33 CFR Part 165                     45 CFR Part 75                                        published in the Federal Register on
                                                                                                                                                              January 20, 2016 (81 FR 3004). This
                                                  Harbors, Marine safety, Navigation                    RIN 0991–ZA46                                         document augments the corrections
                                                (water), Reporting and recordkeeping                                                                          which were published in the Federal
                                                requirements, Security measures,                        Federal Awarding Agency Regulatory
                                                                                                                                                              Register on January 20, 2016 (81 FR
                                                Waterways.                                              Implementation of Office of
                                                                                                                                                              3004). This document includes a
                                                  For the reasons discussed in the                      Management and Budget’s Uniform
                                                                                                                                                              corresponding change made by OMB to
                                                preamble, the Coast Guard amends 33                     Administrative Requirements, Cost
                                                                                                                                                              2 CFR 200 on November 9, 2015 (80 FR
                                                CFR part 165 as follows:                                Principles, and Audit Requirements for
                                                                                                                                                              69111) that was omitted from the first
                                                                                                        Federal Awards; Correction and
                                                                                                                                                              set of corrections. This document also
                                                PART 165–REGULATED NAVIGATION                           Technical Amendments
                                                                                                                                                              removes instruction 197c on page 3018
                                                AREAS AND LIMITED ACCESS AREAS
                                                                                                        AGENCY:  Department of Health and                     in the Federal Register on January 20,
                                                ■ 1. The authority citation for part 165                Human Services.                                       2016 (81 FR 3004), which as published
                                                continues to read as follows:                           ACTION: Interim final rule; correction                attempted to amend the wrong appendix
                                                                                                        and technical amendments.                             in 45 CFR part 75. Because that
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                              instruction cited the wrong appendix,
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               SUMMARY:    The Department of Health and
                                                Department of Homeland Security Delegation                                                                    that amendment could not be
                                                                                                        Human Services published a document                   incorporated into the CFR.
                                                No. 0170.1.
                                                                                                        containing technical amendments in the
                                                ■ 2. Add § 165.T01–0226 to read as                      Federal Register on January 20, 2016,                 Correction
                                                follows:                                                revising the Uniform Administrative                     In the Federal Register issue of
                                                                                                        Requirements, Cost Principles and                     January 20, 2016 (81 FR 3004), make the
                                                § 165.T01–0226 Safety Zone; Salvage of                  Audit Requirements for HHS Awards.
                                                TUG SPECIALIST, Hudson River, Tarrytown,                                                                      following correction:
                                                NY.
                                                                                                        That document inadvertently failed to                   On page 3018, in the third column,
                                                                                                        update the following: A provision in                  remove amendatory instruction 197c.
                                                  (a) Location. The following area is a
                                                                                                        Appendix II; an improper citation; a
                                                safety zone: All navigable waters within                                                                      List of Subjects in 45 CFR Part 75
                                                                                                        recent OMB change; and a grammatical
                                                100 yards of DECK BARGE WITTE 1406
                                                                                                        error. This document makes correcting                   Accounting, Auditing, Administrative
                                                while it is in the Hudson River.
                                                                                                        amendments to correct these sections.                 practice and procedure, Colleges and
                                                  (b) Definitions. As used in this
                                                section, designated representative                      DATES: Effective on April 4, 2016.                    universities, Cost principles, Grant
                                                means a Coast Guard Patrol                              FOR FURTHER INFORMATION CONTACT:                      programs, Grant programs-health,
                                                Commander, including a Coast Guard                      Audrey E. Clarke, Ph.D., Division of                  Grants administration, Hospitals,
                                                coxswain, petty officer, or other officer               Grants, Office of Grants and Acquisition              Indians, Nonprofit organizations,
                                                operating a Coast Guard vessel and a                    Policy and Accountability, Office of the              Reporting and recordkeeping
                                                Federal, State, and local officer                       Assistant Secretary for Financial                     requirements, and State and local
                                                designated by or assisting the Captain of               Resources, U.S. Department of Health                  governments.
                                                the Port New York (COTP) in the                         and Human Services, email:                              Accordingly, HHS makes the
                                                enforcement of the security zone.                       Audrey.Clarke@hhs.gov.                                following technical amendments to 45
                                                  (c) Regulations. (1) Under the general                SUPPLEMENTARY INFORMATION: HHS is                     CFR part 75:
                                                security zone regulations in subpart D of               correcting its regulations in line with FR
                                                this part, you may not enter the safety                 Doc. 2014–28697, published on                         PART 75—UNIFORM ADMINISTRATIVE
mstockstill on DSK4VPTVN1PROD with RULES




                                                zone described in paragraph (a) of this                 December 19, 2014 (79 FR 75871),                      REQUIREMENTS, COST PRINCIPLES,
                                                section unless authorized by the COTP                   entitled ‘‘Federal Awarding Agency                    AND AUDIT REQUIREMENTS FOR HHS
                                                or the COTP’s designated representative.                Regulatory Implementation of Office of                AWARDS
                                                  (2) To seek permission to enter,                      Management and Budget’s Uniform
                                                contact the COTP or the COTP’s                          Administrative Requirements, Cost                     ■ 1. The authority citation for part 75
                                                representative via VHF channel 16 or by                 Principles, and Audit Requirements for                continues to read as follows:
                                                phone at (718) 354–4353 (Sector New                     Federal Awards’’, the ‘‘Guidance for                      Authority: 5 U.S.C. 301.



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Document Created: 2016-04-02 03:53:19
Document Modified: 2016-04-02 03:53:19
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 April 4, 2016 through May 17, 2016. For the purposes of enforcement, actual notice will be used from March 17, 2016 through April 4, 2016.
ContactIf you have questions on this rule, call or email MST1 Kristina Pundt, Waterways Management Division, U.S. Coast Guard; telephone 718-354-4352, email [email protected]
FR Citation81 FR 19041 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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