81_FR_26213 81 FR 26129 - Drawbridge Operation Regulation; Long Creek & Sloop Channel, Hempstead, NY

81 FR 26129 - Drawbridge Operation Regulation; Long Creek & Sloop Channel, Hempstead, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26129-26130
FR Document2016-10204

The Coast Guard has modified a temporary deviation from the operating schedule that governs the Loop Parkway Bridge, mile 0.7, across Long Creek, and the Meadowbrook State Parkway Bridge, mile 12.8, across Sloop Channel, both at Hempstead, New York. This modified deviation is necessary to facilitate the Dee Snider's Motorcycle Ride to Fight Hunger on Long Island.

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26129-26130]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10204]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0139]


Drawbridge Operation Regulation; Long Creek & Sloop Channel, 
Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation; modification.

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

SUMMARY: The Coast Guard has modified a temporary deviation from the 
operating schedule that governs the Loop Parkway Bridge, mile 0.7, 
across Long Creek, and the Meadowbrook State Parkway Bridge, mile 12.8, 
across Sloop Channel, both at Hempstead, New York. This modified 
deviation is necessary to facilitate the Dee Snider's Motorcycle Ride 
to Fight Hunger on Long Island.

DATES: This modified deviation is effective from 11 a.m. to 1 p.m. on 
October 2, 2016.

ADDRESSES: The docket for this modified deviation, [USCG-2016-0139] is 
available at http://www.regulations.gov. Type the docket number in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary deviation, call or email Ms. Judy K. Leung-Yee, Project 
Officer, First Coast Guard District, telephone (212) 514-4330, email 
[email protected].

SUPPLEMENTARY INFORMATION: On February 29, 2016, the Coast Guard 
published a temporary deviation entitled ``Drawbridge Operation 
Regulation; Long Creek & Sloop Channel, Hempstead, NY'' in the

[[Page 26130]]

Federal Register (81 FR 10086). The sponsor, Long Island Cares, Inc., 
has rescheduled the event from its original date of September 18, 2016 
to October 2, 2016.
    Long Island Cares, Inc. requested and the bridge owner for both 
bridges, the State of New York Department of Transportation, concurred 
with this modified temporary deviation from the normal operating 
schedule to facilitate a public event, the Dee Snider's Motorcycle Ride 
to Fight Hunger.
    The Loop Parkway Bridge, mile 0.7, across Long Creek has a vertical 
clearance in the closed position of 21 feet at mean high water and 25 
feet at mean low water. The existing bridge operating regulations are 
found at 33 CFR 117.799(f).
    The Meadowbrook State Parkway Bridge, mile 12.8, across Sloop 
Channel has a vertical clearance in the closed position of 22 feet at 
mean high water and 25 feet at mean low water. The existing bridge 
operating regulations are found at 33 CFR 117.799(h).
    Long Creek and Sloop Channel are transited by commercial fishing 
and recreational vessel traffic.
    Under this modified temporary deviation, the Loop Parkway and the 
Meadowbrook State Parkway Bridges may remain in the closed position 
between 11 a.m. and 1 p.m. on October 2, 2016.
    Vessels able to pass under the bridge in the closed position may do 
so at anytime. The bridges will not be able to open for emergencies and 
there are no immediate alternate routes for vessels to pass.
    The Coast Guard will also inform the users of the waterways through 
our Local and Broadcast Notices to Mariners of the change in operating 
schedule for the bridge so that vessels can arrange their transits to 
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

    Dated: April 27, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2016-10204 Filed 4-29-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations                                                26129

                                                  For the reasons set out in the                        assessed under part 355 of this chapter               two years prior to the current calendar
                                                preamble, the Railroad Retirement                       is $5,000.                                            year, adding that amount to the amount
                                                Board revises title 20, chapter II,                        (b) For claims or statements made                  for the previous calendar year, and
                                                subchapter E, part 356 of the Code of                   after October 23, 1996, but before                    rounding the total to the nearest dollar.
                                                Federal Regulations to read as follows:                 August 1, 2016, the maximum penalty                     (e) Notice of the minimum and
                                                                                                        which may be assessed under part 355                  maximum penalty which may be
                                                PART 356—CIVIL MONETARY                                 of this chapter is $5,500.                            assessed under 31 U.S.C. 3729 for
                                                PENALTY INFLATION ADJUSTMENT                               (c) For claims or statements made on               calendar years after 2016 will be
                                                                                                        or after August 1, 2016, but before                   published by the Board in the Federal
                                                Sec.
                                                356.1 Introduction.
                                                                                                        January 1, 2017, the maximum penalty                  Register on an annual basis on or before
                                                356.2 Penalties under the Program Fraud                 which may be assessed under part 355                  January 15 of each calendar year.
                                                     Civil Remedies Act of 1986.                        of this chapter is $10,781.                             By Authority of the Board.
                                                356.3 False claims.                                        (d) For claims or statements made on
                                                                                                                                                              Martha P. Rico,
                                                                                                        or after January 1, 2017, the maximum
                                                  Authority: 28 U.S.C. 2461; 31 U.S.C. 3729,                                                                  Secretary to the Board.
                                                3809.                                                   penalty which may be assessed under
                                                                                                        part 355 of this chapter is the larger of:            [FR Doc. 2016–09959 Filed 4–29–16; 8:45 am]
                                                § 356.1   Introduction.                                    (1) The amount for the previous                    BILLING CODE P

                                                   (a) The Federal Civil Penalties                      calendar year; or
                                                Inflation Adjustment Act, as amended                       (2) An amount adjusted for inflation,
                                                by the Federal Civil Penalties Inflation                calculated by multiplying the amount                  DEPARTMENT OF HOMELAND
                                                Adjustment Act Improvements Act of                      for the previous calendar year by the                 SECURITY
                                                2015 (28 U.S.C. 2461 note), requires that               percentage by which the CPI–U for the
                                                                                                        month of October preceding the current                Coast Guard
                                                civil monetary penalties be adjusted on
                                                an annual basis by the percentage by                    calendar year exceeds the CPI–U for the
                                                                                                        month of October of the calendar year                 33 CFR Part 117
                                                which the Consumer Price Index for all
                                                Urban Consumers (CPI–U) for the month                   two years prior to the current calendar               [Docket No. USCG–2016–0139]
                                                of October preceding the adjustment                     year, adding that amount to the amount
                                                exceeds the CPI–U for the month of                      for the previous calendar year, and                   Drawbridge Operation Regulation;
                                                October of the calendar year prior to the               rounding the total to the nearest dollar.             Long Creek & Sloop Channel,
                                                October preceding the adjustment, with                     (e) Notice of the maximum penalty                  Hempstead, NY
                                                final amounts rounded to the nearest                    which may be assessed under part 355
                                                                                                        of this chapter for calendar years after              AGENCY: Coast Guard, DHS.
                                                dollar. That Act also requires a one-time
                                                catch up adjustment in the amount of                    2016 will be published by the Board in                ACTION:Notice of deviation from
                                                the percentage by which the CPI–U for                   the Federal Register on an annual basis               drawbridge regulation; modification.
                                                October 2015 exceeds the CPI–U for the                  on or before January 15 of each calendar
                                                                                                        year.                                                 SUMMARY:    The Coast Guard has modified
                                                month of October of the calendar year                                                                         a temporary deviation from the
                                                during which the amount of civil                        § 356.3    False claims.                              operating schedule that governs the
                                                monetary penalty was established or                        (a) For claims or statements made on               Loop Parkway Bridge, mile 0.7, across
                                                adjusted under a provision of law other                 or before October 23, 1996, the                       Long Creek, and the Meadowbrook State
                                                than the Federal Civil Penalties Inflation              minimum penalty which may be                          Parkway Bridge, mile 12.8, across Sloop
                                                Adjustment Act.                                         assessed under 31 U.S.C. 3729 is $5,000               Channel, both at Hempstead, New York.
                                                   (b) Other than adjustments under the                 and the maximum penalty is $10,000.                   This modified deviation is necessary to
                                                Federal Civil Penalties Inflation                          (b) For claims or statements made                  facilitate the Dee Snider’s Motorcycle
                                                Adjustment Act, the Board last                          after October 23, 1996, but before                    Ride to Fight Hunger on Long Island.
                                                established or adjusted civil monetary                  August 1, 2016, the minimum penalty                   DATES: This modified deviation is
                                                penalties in 1986. The CPI–U increased                  which may be assessed under 31 U.S.C.                 effective from 11 a.m. to 1 p.m. on
                                                by 215.628 percent between October                      3729 is $5,500 and the maximum                        October 2, 2016.
                                                1986 and October 2015.                                  penalty is $11,000.                                   ADDRESSES: The docket for this
                                                   (c) Imposition of the increased civil                   (c) For claims or statements made on               modified deviation, [USCG–2016–0139]
                                                monetary penalties are limited to                       or after August 1, 2016, but before                   is available at http://
                                                actions occurring after the effective date              January 1, 2017, the minimum penalty                  www.regulations.gov. Type the docket
                                                of the increases.                                       which may be assessed under 31 U.S.C.                 number in the ‘‘SEARCH’’ box and click
                                                   (d) The amount of the one-time catch                 3729 is $10,781 and the maximum                       ‘‘SEARCH.’’ Click on Open Docket
                                                up adjustment may not exceed 150                        penalty is $21,563.                                   Folder on the line associated with this
                                                percent of the penalty amount or range                     (d) For claims or statements made on
                                                                                                                                                              deviation.
                                                as of November 2, 2015. The ten percent                 or after January 1, 2017, the minimum
                                                                                                        and maximum penalty amounts which                     FOR FURTHER INFORMATION CONTACT: If
                                                cap on increases imposed by the Debt
                                                Collection Improvements Act of 1996                     may be assessed under 31 U.S.C. 3729                  you have questions on this temporary
                                                was eliminated in the 2015 amendments                   is the larger of:                                     deviation, call or email Ms. Judy K.
                                                to the Federal Civil Penalties Inflation                   (1) The amount for the previous                    Leung-Yee, Project Officer, First Coast
                                                Adjustment Act, and is no longer                        calendar year; or                                     Guard District, telephone (212) 514–
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                                                applicable.                                                (2) An amount adjusted for inflation,              4330, email judy.k.leung-yee@uscg.mil.
                                                                                                        calculated by multiplying the amount                  SUPPLEMENTARY INFORMATION: On
                                                § 356.2 Penalties under the Program Fraud               for the previous calendar year by the                 February 29, 2016, the Coast Guard
                                                Civil Remedies Act of 1986.                             percentage by which the CPI–U for the                 published a temporary deviation
                                                  (a) For claims or statements made on                  month of October preceding the current                entitled ‘‘Drawbridge Operation
                                                or before October 23, 1996, the                         calendar year exceeds the CPI–U for the               Regulation; Long Creek & Sloop
                                                maximum penalty which may be                            month of October of the calendar year                 Channel, Hempstead, NY’’ in the


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                                                26130                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations

                                                Federal Register (81 FR 10086). The                     DEPARTMENT OF VETERANS                                § 21.4232(a)(2)(i), VA corrects the
                                                sponsor, Long Island Cares, Inc., has                   AFFAIRS                                               spelling of ‘‘Rehabilation’’ to read
                                                rescheduled the event from its original                                                                       ‘‘Rehabilitation’’. No substantive
                                                date of September 18, 2016 to October                   38 CFR Part 21                                        changes are intended by these
                                                2, 2016.                                                RIN 2900–AP65                                         amendments.
                                                   Long Island Cares, Inc. requested and                                                                      Administrative Procedure Act
                                                the bridge owner for both bridges, the                  Technical Corrections—VA Vocational
                                                                                                        Rehabilitation and Employment                            This final rule concerns only agency
                                                State of New York Department of                                                                               organization, procedure, or practice and,
                                                                                                        Nomenclature Change for Position
                                                Transportation, concurred with this                                                                           therefore, is not subject to the notice
                                                                                                        Title
                                                modified temporary deviation from the                                                                         and comment provisions of 5 U.S.C.
                                                normal operating schedule to facilitate a               AGENCY:    Department of Veterans Affairs.            553(b). See 38 U.S.C. 553(b)(A). This
                                                public event, the Dee Snider’s                          ACTION:   Final rule.                                 final rule consists of only
                                                Motorcycle Ride to Fight Hunger.                                                                              nonsubstantive changes that will make
                                                                                                        SUMMARY:    The Department of Veterans                the regulations more accurate and less
                                                   The Loop Parkway Bridge, mile 0.7,
                                                                                                        Affairs is amending its regulations by                confusing to readers. For this reason,
                                                across Long Creek has a vertical                        making nonsubstantive changes to                      VA has also determined that there is
                                                clearance in the closed position of 21                  ensure consistency within its                         good cause to waive the 30-day delay
                                                feet at mean high water and 25 feet at                  regulations regarding a nomenclature                  effective date requirement under 5
                                                mean low water. The existing bridge                     change in the title of a Vocational                   U.S.C. 553(d)(3).
                                                operating regulations are found at 33                   Rehabilitation and Employment
                                                CFR 117.799(f).                                         position.                                             Executive Orders 12866 and 13563
                                                   The Meadowbrook State Parkway                                                                                 Executive Orders 12866 and 13563
                                                                                                        DATES:   Effective Date: This final rule is
                                                Bridge, mile 12.8, across Sloop Channel                                                                       direct agencies to assess the costs and
                                                                                                        effective May 2, 2016.
                                                has a vertical clearance in the closed                                                                        benefits of available regulatory
                                                                                                        FOR FURTHER INFORMATION CONTACT: C.J.                 alternatives and, when regulation is
                                                position of 22 feet at mean high water                  Riley, Policy Analyst, Vocational
                                                and 25 feet at mean low water. The                                                                            necessary, to select regulatory
                                                                                                        Rehabilitation and Employment Service                 approaches that maximize net benefits
                                                existing bridge operating regulations are               (28), Veterans Benefits Administration,               (including potential economic,
                                                found at 33 CFR 117.799(h).                             Department of Veterans Affairs, 810                   environmental, public health and safety
                                                   Long Creek and Sloop Channel are                     Vermont Avenue NW., Washington, DC                    effects, and other advantages;
                                                transited by commercial fishing and                     20420, (202) 461–9600. (This is not a                 distributive impacts; and equity).
                                                recreational vessel traffic.                            toll-free telephone number.)                          Executive Order 13563 (Improving
                                                                                                        SUPPLEMENTARY INFORMATION: In January                 Regulation and Regulatory Review)
                                                   Under this modified temporary
                                                deviation, the Loop Parkway and the                     2000, the name of VA’s program,                       emphasizes the importance of
                                                                                                        Vocational Rehabilitation and                         quantifying both costs and benefits,
                                                Meadowbrook State Parkway Bridges
                                                                                                        Counseling (VR&C), responsible for                    reducing costs, harmonizing rules, and
                                                may remain in the closed position
                                                                                                        assisting veterans with service-                      promoting flexibility. Executive Order
                                                between 11 a.m. and 1 p.m. on October
                                                                                                        connected disabilities to obtain and                  12866 (Regulatory Planning and
                                                2, 2016.                                                maintain suitable employment and                      Review) defines a ‘‘significant
                                                   Vessels able to pass under the bridge                achieve maximum independence in                       regulatory action’’ requiring review by
                                                in the closed position may do so at                     daily living was changed to Vocational                the Office of Management and Budget
                                                anytime. The bridges will not be able to                Rehabilitation and Employment (VR&E).                 (OMB), unless OMB waives such
                                                open for emergencies and there are no                   This change reflects the major goal of                review, as ‘‘any regulatory action that is
                                                immediate alternate routes for vessels to               the program by focusing on                            likely to result in a rule that may: (1)
                                                pass.                                                   employment. As outlined by VA’s Office                Have an annual effect on the economy
                                                   The Coast Guard will also inform the                 of Field Operations (OFO) in OFO Letter               of $100 million or more or adversely
                                                                                                        20F–11–09, a National Journey-Level                   affect in a material way the economy, a
                                                users of the waterways through our
                                                                                                        Counseling Psychologist (CP)/                         sector of the economy, productivity,
                                                Local and Broadcast Notices to Mariners
                                                                                                        Vocational Rehabilitation Counselor                   competition, jobs, the environment,
                                                of the change in operating schedule for
                                                                                                        (VRC) Performance Plan was                            public health or safety, or State, local,
                                                the bridge so that vessels can arrange                  implemented on December 16, 2003.                     or tribal governments or communities;
                                                their transits to minimize any impact                   The performance plan described how                    (2) Create a serious inconsistency or
                                                caused by the temporary deviation.                      the job duties and qualifications for a CP            otherwise interfere with an action taken
                                                   In accordance with 33 CFR 117.35(e),                 and VRC were the same. As a result, the               or planned by another agency; (3)
                                                the drawbridge must return to its regular               position description for CP was                       Materially alter the budgetary impact of
                                                operating schedule immediately at the                   amended to include the synonymous                     entitlements, grants, user fees, or loan
                                                end of the effective period of this                     title of VRC. Since this change, VA has               programs or the rights and obligations of
                                                temporary deviation. This deviation                     updated several regulations to include                recipients thereof; or (4) Raise novel
                                                from the operating regulations is                       this synonymous title. To ensure                      legal or policy issues arising out of legal
                                                authorized under 33 CFR 117.35.                         consistency within the regulations, this              mandates, the President’s priorities, or
                                                                                                        final rule amends VA regulations to                   the principles set forth in this Executive
mstockstill on DSK3G9T082PROD with RULES




                                                  Dated: April 27, 2016.
                                                                                                        reflect this nomenclature change in the               Order.’’
                                                C.J. Bisignano,                                         title for this VR&E position.                            The economic, interagency,
                                                Supervisory Bridge Management Specialist,                  VA is also correcting two spelling                 budgetary, legal, and policy
                                                First Coast Guard District.                             mistakes. In 38 CFR 21.94(b), VA                      implications of this regulatory action
                                                [FR Doc. 2016–10204 Filed 4–29–16; 8:45 am]             corrects the spelling of the word                     have been examined, and it has been
                                                BILLING CODE 9110–04–P                                  ‘‘statement.’’ The current text misspells             determined not to be a significant
                                                                                                        ‘‘statement’’ as ‘‘staement.’’ In                     regulatory action under Executive Order


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Document Created: 2016-04-30 13:35:34
Document Modified: 2016-04-30 13:35:34
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
ActionNotice of deviation from drawbridge regulation; modification.
DatesThis modified deviation is effective from 11 a.m. to 1 p.m. on October 2, 2016.
ContactIf you have questions on this temporary deviation, call or email Ms. Judy K. Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514-4330, email [email protected]
FR Citation81 FR 26129 

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