81_FR_24103 81 FR 24024 - Safety Zone; Newport Beach Harbor Grand Canal Bridge Construction; Newport Beach, CA

81 FR 24024 - Safety Zone; Newport Beach Harbor Grand Canal Bridge Construction; Newport Beach, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 79 (April 25, 2016)

Page Range24024-24026
FR Document2016-09518

The Coast Guard is establishing a temporary safety zone in the waters of the Newport Harbor Grand Canal on Balboa Island. This temporary safety zone is being established to provide for the safety of the waterway users during bridge construction over a 10 month period. Transiting through or within this temporary safety zone is prohibited unless specifically authorized by the Captain of the Port, Los Angeles--Long Beach, or her designated representative.

Federal Register, Volume 81 Issue 79 (Monday, April 25, 2016)
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24024-24026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09518]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0227]
RIN 1625-AA00


Safety Zone; Newport Beach Harbor Grand Canal Bridge 
Construction; Newport Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Newport Harbor Grand Canal on Balboa Island. This 
temporary safety zone is being established to provide for the safety of 
the waterway users during bridge construction over a 10 month period. 
Transiting through or within this temporary safety zone is prohibited 
unless specifically authorized by the Captain of the Port, Los 
Angeles--Long Beach, or her designated representative.

DATES: This rule is effective without actual notice from April 25, 2016 
through January 31, 2017. For purposes of enforcement, actual notice 
will be used from April 4, 2016 until April 25, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0227 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 BMC James Morgia, Waterways Management, U.S. Coast Guard 
Sector Los Angeles--Long Beach; telephone (310) 521-3860, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 24025]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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.'' An NPRM is unnecessary and for this regulation because 
local authorities have already notified boaters not to transit the 
waterway during bridge construction and the Grand Canal waterway 
typically only experiences minimal vessel traffic, by small personal 
pleasure crafts. An NPRM is impractical for this regulation because the 
Coast Guard did not receive notice of the April 4 construction until 
March 8, 2016, and the construction schedule cannot be moved. Under 5 
U.S.C. 553(d)(3), the Coast Guard finds good cause for making this rule 
effective less than 30 days after publication in the Federal Register.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective without 30 days advanced notice 
of the rule. Delaying the effective date of the rule is impractical and 
unnecessary for the same reasons specified above: (1) Local authorities 
have already notified boaters not to transit the waterway during bridge 
construction, (2) the Coast Guard did not receive notice of the April 4 
construction until March 8, 2016, and (3) the Grand Canal waterway 
typically only experiences minimal vessel traffic, by small personal 
pleasure craft.

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 Los Angeles--Long Beach (COTP) has 
determined that potential hazards, like falling debris and heavy 
equipment operations in and near the waterway create a serious safety 
concern for anyone transiting the waterway during construction. This 
temporary safety zone is necessary to ensure the safety of, and reduce 
the risk to, the public, and mariners, in vicinity of the Newport 
Harbor Grand Canal.

IV. Discussion of the Rule

    The U.S. Coast Guard is establishing a temporary safety zone on 
April 4, 2016 to January 31, 2017, encompassing all navigable waters 
from the surface to the sea floor within the following coordinates: 
33[deg]36.311' N. 117[deg]53.323' W., 33[deg]36.437' N. 117[deg]53.324' 
W., 33[deg]36.438' N. 117[deg]53.343' W., 33[deg]36.312' N. 
117[deg]53.341' W. All coordinates displayed are referenced by North 
American Datum of 1983, World Geodetic System, 1984.
    This temporary safety zone will be effective from 6:00 a.m. on 
April 4, 2016, to 11:59 p.m. on January 31, 2017. No vessel or person 
is permitted to operate in the safety zone without obtaining permission 
from the Captain of the Port (COTP) or the COTP's designated 
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or 310-521-3801.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 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 E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    The implementation of this temporary safety zone is necessary for 
the protection of all waterway users. The size of the zone is the 
minimum necessary to provide adequate protection for the waterways 
users, adjoining areas, and the public. Any hardships experienced by 
persons or vessels are considered minimal compared to the interest in 
protecting the public.

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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor within the designated area during the designated enforcement 
times. This temporary safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: (i) This zone will support the safety of vessel traffic 
through the area, (ii) this zone is limited in scope and duration, 
(iii) the Coast Guard will issue Broadcast Notice to Mariners via VHF-
FM marine channel 16 while the safety zone is enforced.
    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 E.O. 13132, 
Federalism, if it has a substantial direct effect on the States,

[[Page 24026]]

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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 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 are 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.T11-772 to read as follows:


Sec.  165.T11-772  Safety Zone; Newport Beach Harbor Grand Canal Bridge 
Construction; Newport Beach, CA.

    (a) Location. The following area is a safety zone: All navigable 
waters from the surface to the sea floor within the following 
coordinates: 33[deg]36.311' N. 117[deg]53.323' W., 33[deg]36.437' N. 
117[deg]53.324' W., 33[deg]36.438' N. 117[deg]53.343' W., 
33[deg]36.312' N. 117[deg]53.341' W. All coordinates displayed are 
referenced by North American Datum of 1983, World Geodetic System, 
1984.
    (b) Definitions. For the purposes of 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 Los Angeles-Long 
Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C 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 by VHF-FM Channel 16 or 310-521-3801. 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 rule will be enforced from April 4, 
2016 to January 31, 2017.

    Dated: March 23, 2016.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2016-09518 Filed 4-22-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                24024               Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations

                                                because it does not have a substantial                  PART 165—REGULATED NAVIGATION                           (e) Definitions. As used in this
                                                direct effect on one or more Indian                     AREAS AND LIMITED ACCESS AREAS                        section, designated representative
                                                tribes, on the relationship between the                                                                       means any Coast Guard commissioned,
                                                Federal Government and Indian tribes,                   ■ 1. The authority citation for part 165              warrant, or petty officer who has been
                                                or on the distribution of power and                     continues to read as follows:                         authorized by the COTP to assist in
                                                responsibilities between the Federal                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           enforcing the safety zone described in
                                                Government and Indian tribes. If you                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             paragraph (a) of this section.
                                                believe this rule has implications for                  Department of Homeland Security Delegation              Dated: March 30, 2016.
                                                federalism or Indian tribes, please                     No. 0170.1.
                                                                                                                                                              S.N. Gilreath,
                                                contact the person listed in the FOR                    ■ 2. Add § 165.T14–1035 to read as                    Captain, U.S. Coast Guard, Captain of the
                                                FURTHER INFORMATION CONTACT section                     follows:                                              Port, Honolulu.
                                                above.
                                                                                                        § 165.T14–1035 Safety Zone; Pacific                   [FR Doc. 2016–09517 Filed 4–22–16; 8:45 am]
                                                E. Unfunded Mandates Reform Act                         Ocean, North Shore Oahu, HI—Recovery                  BILLING CODE 9110–04–P
                                                                                                        Operations.
                                                  The Unfunded Mandates Reform Act
                                                of 1995 (2 U.S.C. 1531–1538) requires                      (a) Location. The safety zone is
                                                                                                        located within the COTP zone (See 33                  DEPARTMENT OF HOMELAND
                                                Federal agencies to assess the effects of                                                                     SECURITY
                                                their discretionary regulatory actions. In              CFR 3.70–10) and will encompass all
                                                particular, the Act addresses actions                   waters extending one nautical mile in
                                                                                                                                                              Coast Guard
                                                that may result in the expenditure by a                 all directions around the location of the
                                                State, local, or tribal government, in the              salvage operations being conducted in
                                                                                                                                                              33 CFR Part 165
                                                aggregate, or by the private sector of                  location 21°38′01″ N., 158°07′54″ W.
                                                $100,000,000 (adjusted for inflation) or                This zone extends from the surface of
                                                                                                                                                              [Docket Number USCG–2016–0227]
                                                more in any one year. Though this rule                  the water to the ocean floor.
                                                will not result in such an expenditure,                    (b) Enforcement period. This
                                                                                                                                                              RIN 1625–AA00
                                                we do discuss the effects of this rule                  regulation will be enforced from 3:00
                                                elsewhere in this preamble.                             p.m. (HST) on April 1, 2016 through                   Safety Zone; Newport Beach Harbor
                                                                                                        3:00 p.m. (HST) on April 29, 2016, or                 Grand Canal Bridge Construction;
                                                F. Environment                                          until the salvage operations are                      Newport Beach, CA
                                                   We have analyzed this rule under                     complete, whichever is earlier. If the
                                                                                                        safety zone is terminated prior 3:00 p.m.             AGENCY:    Coast Guard, DHS.
                                                Department of Homeland Security
                                                Management Directive 023–01 and                         (HST) on April 29, 2016, the Coast                    ACTION:   Temporary final rule.
                                                Commandant Instruction M16475.lD,                       Guard will provide notice via a
                                                                                                        broadcast notice to mariners.                         SUMMARY:   The Coast Guard is
                                                which guide the Coast Guard in                                                                                establishing a temporary safety zone in
                                                                                                           (c) Regulations. The general
                                                complying with the National                                                                                   the waters of the Newport Harbor Grand
                                                                                                        regulations governing safety zones
                                                Environmental Policy Act of 1969 (42                                                                          Canal on Balboa Island. This temporary
                                                                                                        contained in § 165.20 apply to the safety
                                                U.S.C. 4321–4370f), and have                                                                                  safety zone is being established to
                                                                                                        zone created by this temporary section.
                                                determined that this action is one of a                    (1) All persons are required to comply             provide for the safety of the waterway
                                                category of actions that do not                         with the general regulations governing                users during bridge construction over a
                                                individually or cumulatively have a                     safety zones found in this part.                      10 month period. Transiting through or
                                                significant effect on the human                            (2) Entry into or remaining in this                within this temporary safety zone is
                                                environment. This rule involves a safety                zone is prohibited unless expressly                   prohibited unless specifically
                                                zone with a duration of twenty eight                    authorized by the COTP or his                         authorized by the Captain of the Port,
                                                days or until the salvage operations are                designated representative.                            Los Angeles—Long Beach, or her
                                                complete. It is categorically excluded                     (3) Persons desiring to transit the                designated representative.
                                                from further review under paragraph                     safety zone identified in paragraph (a) of            DATES: This rule is effective without
                                                34(g) of Figure 2–1 of the Commandant                   this section may contact the COTP at the
                                                Instruction.                                                                                                  actual notice from April 25, 2016
                                                                                                        Command Center telephone number                       through January 31, 2017. For purposes
                                                G. Protest Activities                                   (808) 842–2600 and (808) 842–2601, fax                of enforcement, actual notice will be
                                                                                                        (808) 842–2642 or on VHF channel 16                   used from April 4, 2016 until April 25,
                                                  The Coast Guard respects the First                    (156.8 Mhz) to seek permission to                     2016.
                                                Amendment rights of protesters.                         transit the zone. If permission is
                                                Protesters are asked to contact the                                                                           ADDRESSES: To view documents
                                                                                                        granted, all persons and vessels must
                                                person listed in the FOR FURTHER                                                                              mentioned in this preamble as being
                                                                                                        comply with the instructions of the
                                                INFORMATION CONTACT section to                                                                                available in the docket, go to http://
                                                                                                        COTP or his designated representative
                                                coordinate protest activities so that your                                                                    www.regulations.gov, type USCG–2016–
                                                                                                        and proceed at the minimum speed
                                                message can be received without                                                                               0227 in the ‘‘SEARCH’’ box and click
                                                                                                        necessary to maintain a safe course
                                                jeopardizing the safety or security of                                                                        ‘‘SEARCH.’’ Click on Open Docket
                                                                                                        while in the zone.
                                                people, places or vessels.                                                                                    Folder on the line associated with this
                                                                                                           (4) The U.S. Coast Guard may be
                                                                                                                                                              rule.
                                                List of Subjects in 33 CFR Part 165                     assisted in the patrol and enforcement
                                                                                                        of the safety zone by Federal, State, and             FOR FURTHER INFORMATION CONTACT: If
jstallworth on DSK7TPTVN1PROD with RULES




                                                  Harbors, Marine safety, Navigation                    local agencies.                                       you have questions on this rule, call or
                                                (water), Reporting and recordkeeping                       (d) Notice of enforcement. The COTP                email BMC James Morgia, Waterways
                                                requirements, Security measures,                        will cause notice of the enforcement of               Management, U.S. Coast Guard Sector
                                                Waterways.                                              the safety zone described in this section             Los Angeles—Long Beach; telephone
                                                  For the reasons discussed in the                      to be made by verbal broadcasts and                   (310) 521–3860, email James.M.Morgia@
                                                preamble, the Coast Guard amends 33                     written notice to mariners and the                    uscg.mil.
                                                CFR part 165 as follows:                                general public.                                       SUPPLEMENTARY INFORMATION:



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                                                                    Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations                                          24025

                                                I. Table of Abbreviations                               to, the public, and mariners, in vicinity             small entities during rulemaking. The
                                                CFR Code of Federal Regulations
                                                                                                        of the Newport Harbor Grand Canal.                    term ‘‘small entities’’ comprises small
                                                DHS Department of Homeland Security                                                                           businesses, not-for-profit organizations
                                                                                                        IV. Discussion of the Rule
                                                E.O. Executive order                                                                                          that are independently owned and
                                                FR Federal Register                                        The U.S. Coast Guard is establishing               operated and are not dominant in their
                                                LLNR Light List Number                                  a temporary safety zone on April 4, 2016              fields, and governmental jurisdictions
                                                NPRM Notice of proposed rulemaking                      to January 31, 2017, encompassing all                 with populations of less than 50,000.
                                                Pub. L. Public Law                                      navigable waters from the surface to the              The Coast Guard certifies under 5 U.S.C.
                                                § Section                                               sea floor within the following                        605(b) that this rule will not have a
                                                U.S.C. United States Code                               coordinates: 33°36.311′ N. 117°53.323′                significant economic impact on a
                                                II. Background Information and                          W., 33°36.437′ N. 117°53.324′ W.,                     substantial number of small entities.
                                                Regulatory History                                      33°36.438′ N. 117°53.343′ W.,                            This rule will affect the following
                                                                                                        33°36.312′ N. 117°53.341′ W. All                      entities, some of which may be small
                                                   The Coast Guard is issuing this                      coordinates displayed are referenced by               entities: The owners or operators of
                                                temporary rule without prior notice and                 North American Datum of 1983, World                   vessels intending to transit or anchor
                                                opportunity to comment pursuant to                      Geodetic System, 1984.                                within the designated area during the
                                                authority under section 4(a) of the                        This temporary safety zone will be                 designated enforcement times. This
                                                Administrative Procedure Act (APA) (5                   effective from 6:00 a.m. on April 4,                  temporary safety zone will not have a
                                                U.S.C. 553(b)). This provision                          2016, to 11:59 p.m. on January 31, 2017.              significant economic impact on a
                                                authorizes an agency to issue a rule                    No vessel or person is permitted to                   substantial number of small entities for
                                                without prior notice and opportunity to                 operate in the safety zone without                    the following reasons: (i) This zone will
                                                comment when the agency for good                        obtaining permission from the Captain                 support the safety of vessel traffic
                                                cause finds that those procedures are                   of the Port (COTP) or the COTP’s                      through the area, (ii) this zone is limited
                                                ‘‘impracticable, unnecessary, or contrary               designated representative. Sector Los                 in scope and duration, (iii) the Coast
                                                to the public interest.’’ An NPRM is                    Angeles—Long Beach may be contacted                   Guard will issue Broadcast Notice to
                                                unnecessary and for this regulation                     on VHF–FM Channel 16 or 310–521–                      Mariners via VHF–FM marine channel
                                                because local authorities have already                  3801.                                                 16 while the safety zone is enforced.
                                                notified boaters not to transit the                                                                              Under section 213(a) of the Small
                                                waterway during bridge construction                     V. Regulatory Analyses                                Business Regulatory Enforcement
                                                and the Grand Canal waterway typically                    We developed this rule after                        Fairness Act of 1996 (Pub. L. 104–121),
                                                only experiences minimal vessel traffic,                considering numerous statutes and                     we want to assist small entities in
                                                by small personal pleasure crafts. An                   executive orders (E.O.s) related to                   understanding this rule. If the rule
                                                NPRM is impractical for this regulation                 rulemaking. Below we summarize our                    would affect your small business,
                                                because the Coast Guard did not receive                 analyses based on a number of these                   organization, or governmental
                                                notice of the April 4 construction until                statutes and E.O.s, and we discuss First              jurisdiction and you have questions
                                                March 8, 2016, and the construction                     Amendment rights of protestors.                       concerning its provisions or options for
                                                schedule cannot be moved. Under 5                                                                             compliance, please contact the person
                                                U.S.C. 553(d)(3), the Coast Guard finds                 A. Regulatory Planning and Review
                                                                                                                                                              listed in the FOR FURTHER INFORMATION
                                                good cause for making this rule effective                  E.O.s 12866 and 13563 direct agencies              CONTACT section.
                                                less than 30 days after publication in the              to assess the costs and benefits of                      Small businesses may send comments
                                                Federal Register.                                       available regulatory alternatives and, if             on the actions of Federal employees
                                                   Under 5 U.S.C. 553(d)(3), the Coast                  regulation is necessary, to select                    who enforce, or otherwise determine
                                                Guard finds that good cause exists for                  regulatory approaches that maximize                   compliance with, Federal regulations to
                                                making this rule effective without 30                   net benefits. E.O. 13563 emphasizes the               the Small Business and Agriculture
                                                days advanced notice of the rule.                       importance of quantifying both costs                  Regulatory Enforcement Ombudsman
                                                Delaying the effective date of the rule is              and benefits, of reducing costs, of                   and the Regional Small Business
                                                impractical and unnecessary for the                     harmonizing rules, and of promoting                   Regulatory Fairness Boards. The
                                                same reasons specified above: (1) Local                 flexibility. This rule has not been                   Ombudsman evaluates these actions
                                                authorities have already notified boaters               designated a ‘‘significant regulatory                 annually and rates each agency’s
                                                not to transit the waterway during                      action,’’ under E.O. 12866. Accordingly,              responsiveness to small business. If you
                                                bridge construction, (2) the Coast Guard                it has not been reviewed by the Office                wish to comment on actions by
                                                did not receive notice of the April 4                   of Management and Budget.                             employees of the Coast Guard, call 1–
                                                construction until March 8, 2016, and                      The implementation of this temporary               888–REG–FAIR (1–888–734–3247). The
                                                (3) the Grand Canal waterway typically                  safety zone is necessary for the                      Coast Guard will not retaliate against
                                                only experiences minimal vessel traffic,                protection of all waterway users. The                 small entities that question or complain
                                                by small personal pleasure craft.                       size of the zone is the minimum                       about this rule or any policy or action
                                                                                                        necessary to provide adequate                         of the Coast Guard.
                                                III. Legal Authority and Need for Rule
                                                                                                        protection for the waterways users,
                                                   The Coast Guard is issuing this rule                 adjoining areas, and the public. Any                  C. Collection of Information
                                                under authority in 33 U.S.C. 1231. The                  hardships experienced by persons or                     This rule will not call for a new
                                                Captain of the Port Los Angeles—Long                    vessels are considered minimal                        collection of information under the
                                                Beach (COTP) has determined that                        compared to the interest in protecting                Paperwork Reduction Act of 1995 (44
jstallworth on DSK7TPTVN1PROD with RULES




                                                potential hazards, like falling debris and              the public.                                           U.S.C. 3501–3520).
                                                heavy equipment operations in and near
                                                the waterway create a serious safety                    B. Impact on Small Entities                           D. Federalism and Indian Tribal
                                                concern for anyone transiting the                         The Regulatory Flexibility Act of                   Governments
                                                waterway during construction. This                      1980, 5 U.S.C. 601–612, as amended,                      A rule has implications for federalism
                                                temporary safety zone is necessary to                   requires Federal agencies to consider                 under E.O. 13132, Federalism, if it has
                                                ensure the safety of, and reduce the risk               the potential impact of regulations on                a substantial direct effect on the States,


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                                                24026               Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations

                                                on the relationship between the national                G. Protest Activities                                 or directions given to them by the COTP
                                                government and the States, or on the                                                                          or the COTP’s designated representative.
                                                                                                          The Coast Guard respects the First
                                                distribution of power and                                                                                       (d) Enforcement period. This rule will
                                                                                                        Amendment rights of protesters.
                                                responsibilities among the various                                                                            be enforced from April 4, 2016 to
                                                                                                        Protesters are asked to contact the
                                                levels of government. We have analyzed                                                                        January 31, 2017.
                                                                                                        person listed in the FOR FURTHER
                                                this rule under that Order and have                     INFORMATION CONTACT section to                           Dated: March 23, 2016.
                                                determined that it is consistent with the               coordinate protest activities so that your            J. F. Williams,
                                                fundamental federalism principles and                   message can be received without                       Captain, U.S. Coast Guard, Captain of the
                                                preemption requirements described in                    jeopardizing the safety or security of                Port Los Angeles—Long Beach.
                                                E.O. 13132.                                             people, places or vessels.                            [FR Doc. 2016–09518 Filed 4–22–16; 8:45 am]
                                                  Also, this rule does not have tribal                                                                        BILLING CODE 9110–04–P
                                                                                                        List of Subjects in 33 CFR Part 165
                                                implications under E.O. 13175,
                                                Consultation and Coordination with                        Harbors, Marine safety, Navigation
                                                Indian Tribal Governments, because it                   (water), Reporting and recordkeeping
                                                does not have a substantial direct effect               requirements, Security measures,                      DEPARTMENT OF VETERANS
                                                on one or more Indian tribes, on the                    Waterways.                                            AFFAIRS
                                                relationship between the Federal                          For the reasons discussed in the                    38 CFR Part 17
                                                Government and Indian tribes, or on the                 preamble, the Coast Guard amends 33
                                                distribution of power and                               CFR part 165 as follows:                              Expanded Access to Non-VA Care
                                                responsibilities between the Federal                                                                          Through the Veterans Choice Program;
                                                Government and Indian tribes. If you                    PART 165—REGULATED NAVIGATION                         Correction
                                                believe this rule has implications for                  AREAS AND LIMITED ACCESS AREAS
                                                federalism or Indian tribes, please                                                                           AGENCY:Department of Veterans Affairs.
                                                contact the person listed in the FOR                    ■ 1. The authority citation for part 165                    Interim final rule; correcting
                                                                                                                                                              ACTION:
                                                FURTHER INFORMATION CONTACT section                     continues to read as follows:                         amendment.
                                                above.                                                    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;             SUMMARY:   The Department of Veterans
                                                E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation            Affairs published in the Federal
                                                                                                        No. 0170.1.                                           Register of December 1, 2015, a
                                                  The Unfunded Mandates Reform Act                                                                            document amending its medical
                                                                                                        ■ 2. Add § 165.T11–772 to read as
                                                of 1995 (2 U.S.C. 1531–1538) requires                                                                         regulations that implement section 101
                                                                                                        follows:
                                                Federal agencies to assess the effects of                                                                     of the Veterans Access, Choice, and
                                                their discretionary regulatory actions. In              § 165.T11–772 Safety Zone; Newport                    Accountability Act of 2014. In that rule,
                                                particular, the Act addresses actions                   Beach Harbor Grand Canal Bridge
                                                                                                                                                              two paragraphs were inadvertently
                                                that may result in the expenditure by a                 Construction; Newport Beach, CA.
                                                                                                                                                              removed. This document corrects that
                                                State, local, or tribal government, in the                (a) Location. The following area is a               error.
                                                aggregate, or by the private sector of                  safety zone: All navigable waters from
                                                $100,000,000 (adjusted for inflation) or                the surface to the sea floor within the               DATES:    Effective on April 25, 2016.
                                                more in any one year. Though this rule                  following coordinates: 33°36.311′ N.                  FOR FURTHER INFORMATION CONTACT:
                                                will not result in such an expenditure,                 117°53.323′ W., 33°36.437′ N.                         Kristin J. Cunningham, Veterans Health
                                                we do discuss the effects of this rule                  117°53.324′ W., 33°36.438′ N.                         Administration, (202) 382–2508 (this is
                                                elsewhere in this preamble.                             117°53.343′ W., 33°36.312′ N.                         not a toll-free number).
                                                                                                        117°53.341′ W. All coordinates                        SUPPLEMENTARY INFORMATION: The
                                                F. Environment
                                                                                                        displayed are referenced by North                     Department of Veterans Affairs (VA)
                                                  We have analyzed this rule under                      American Datum of 1983, World                         published in the Federal Register of
                                                Department of Homeland Security                         Geodetic System, 1984.                                December 1, 2015, a document
                                                Management Directive 023–01 and                           (b) Definitions. For the purposes of                amending its medical regulations that
                                                Commandant Instruction M16475.lD,                       this section:                                         implement section 101 of the Veterans
                                                which guide the Coast Guard in                            Designated representative means a                   Access, Choice, and Accountability Act
                                                complying with the National                             Coast Guard Patrol Commander,                         of 2014. 80 FR 74991. Inadvertently
                                                Environmental Policy Act of 1969 (42                    including a Coast Guard coxswain, petty               paragraphs (a)(1) and (a)(2) of 38 CFR
                                                U.S.C. 4321–4370f), and have                            officer, or other officer operating a Coast           17.1530 were removed. This document
                                                determined that this action is one of a                 Guard vessel and a Federal, State, and                corrects that error.
                                                category of actions that do not                         local officer designated by or assisting
                                                                                                                                                              List of Subjects in 38 CFR Part 17
                                                individually or cumulatively have a                     the Captain of the Port Los Angeles-
                                                significant effect on the human                         Long Beach (COTP) in the enforcement                     Administrative practice and
                                                environment. This rule is categorically                 of the safety zone.                                   procedure, Alcohol abuse, Alcoholism,
                                                excluded from further review under                        (c) Regulations. (1) Under the general              Claims, Day care, Dental health, Drug
                                                paragraph 34(g) of Figure 2–1 of the                    safety zone regulations in subpart C of               abuse, Government contracts, Grant
                                                Commandant Instruction. An                              this part, you may not enter the safety               programs-health, Grant programs-
                                                environmental analysis checklist                        zone described in paragraph (a) of this               veterans, Health care, Health facilities,
jstallworth on DSK7TPTVN1PROD with RULES




                                                supporting this determination and a                     section unless authorized by the COTP                 Health professions, Health records,
                                                Categorical Exclusion Determination are                 or the COTP’s designated representative.              Homeless, Mental health programs,
                                                available in the docket where indicated                   (2) To seek permission to enter,                    Nursing homes, Reporting and
                                                under ADDRESSES. We seek any                            contact the COTP or the COTP’s                        recordkeeping requirements, Travel and
                                                comments or information that may lead                   representative by VHF–FM Channel 16                   transportation expenses, Veterans.
                                                to the discovery of a significant                       or 310–521–3801. Those in the safety                     For reasons set forth in the preamble,
                                                environmental impact from this rule.                    zone must comply with all lawful orders               the Department of Veterans Affairs


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Document Created: 2016-04-23 01:39:20
Document Modified: 2016-04-23 01:39:20
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 25, 2016 through January 31, 2017. For purposes of enforcement, actual notice will be used from April 4, 2016 until April 25, 2016.
ContactIf you have questions on this rule, call or email BMC James Morgia, Waterways Management, U.S. Coast Guard Sector Los Angeles--Long Beach; telephone (310) 521-3860, email [email protected]
FR Citation81 FR 24024 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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