81_FR_6205 81 FR 6181 - Safety Zone; Hudson River, Anchorage Ground 19-W

81 FR 6181 - Safety Zone; Hudson River, Anchorage Ground 19-W

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 24 (February 5, 2016)

Page Range6181-6183
FR Document2016-02276

The Coast Guard is establishing a temporary safety zone in the waters of the Hudson River in the vicinity of Anchorage Ground 19-W. This zone is intended to restrict vessels from a portion of the Hudson River due to the presence of a dielectric oil leak from a submerged power cable, and the hazards associated with the cable repair vessels. This temporary safety zone is necessary to protect people and vessels from the hazards associated with this event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York.

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
[Pages 6181-6183]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02276]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0028]
RIN 1625-AA00


Safety Zone; Hudson River, Anchorage Ground 19-W

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Hudson River in the vicinity of Anchorage Ground 19-W. 
This zone is intended to restrict vessels from a portion of the Hudson 
River due to the presence of a dielectric oil leak from a submerged 
power cable, and the hazards associated with the cable repair vessels. 
This temporary safety zone is necessary to protect people and vessels 
from the hazards associated with this event. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port New York.

DATES: This rule is effective without actual notice from February 5, 
2016 through July 9, 2016. For the purposes of enforcement, actual 
notice will be used from January 12, 2016 through February 5, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0028 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 Petty Officer Kristina Pundt, Waterways Management 
Division, U.S. Coast Guard Sector New York; telephone 718-354-4352, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard received notification of the dielectric oil release from a 
submerged power cable on January 2, 2016. Thus, waiting for a notice 
and comment period to run would inhibit the Coast Guard from protecting 
the public and vessels from the possible hazards associated with this 
dielectric oil leak and the hazards associated with the cable repairs.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. For the same reasons 
discussed in the preceding paragraph, waiting for a 30 day notice 
period to run would be impracticable and contrary to the public 
interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port New York (COTP) has 
determined that a temporary safety zone is necessary to ensure the 
safety of vessels from the hazards associated with this dielectric oil 
leak and power cable repairs.
    Establishing a safety zone to control vessel movements around the 
location of the dielectric oil leak will help ensure the safety of 
persons and property during assessment and response activities and help 
minimize the associated risks. Therefore, this rule will remain in 
effect for the time stated herein but will be cancelled if response 
activities are finished cease before July 9, 2016. The preliminary 
estimate for completion of the clean-up and cable repairs is February 
11, 2016. This TFR provides for an extended enforcement period in case 
of unforeseen circumstances that prevent the contractors from 
completing the repairs within their initial estimated timeline.

IV. Discussion of the Rule

    This rule establishes a safety zone from January 12, 2016 through 
July 9, 2016. The safety zone will cover all navigable waters of 
Anchorage Ground 19-W and the Hudson River within an area approximately 
870-930 yards wide and 1,330-1,335 yards long near Edgewater, NJ.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated 
representative. Vessel operators must contact the COTP or an on-scene 
representative to obtain permission to transit through this safety 
zone. The COTP or an on-scene representative may be contacted by VHF 
Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
E.O.s related to rulemaking. Below we summarize our analyses based on 
these

[[Page 6182]]

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.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, and will not adversely alter 
the budget of any grant or loan recipients. Vessel traffic will be able 
to safely transit around this safety zone. This safety zone only 
affects a small-designated area of the Hudson River waterway for a 
relatively short duration. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in 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 involves the establishment of a safety zone for approximately 30 
days that will prohibit entry within the dielectric oil spill, cleanup, 
and power cable repair area, and is therefore categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination will be in 
the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T01-0028 to read as follows:

[[Page 6183]]

Sec.  165.T01-0028  Safety Zone: Hudson River, Anchorage Ground 19-W.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Hudson River bound by the following 
points: 40[deg]48'56.00'' N., 073[deg]58'47.08'' W.; thence to 
40[deg]48'42.96'' N., 073[deg]58'15.00'' W.; thence to 
40[deg]48'08.04'' N., 073[deg]58'38.82'' W.; thence to 
40[deg]48'19.84'' N., 073[deg]59'09.31'' W., thence along the western 
shoreline to the point of origin. All coordinates are North American 
Datum 1983 (NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from January 12, 2016 until July 9, 
2016, unless terminated sooner by the COTP.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR 165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the COTP or his designated on 
scene representative.
    (2) A ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State or local law 
enforcement officer designated by or assisting the COTP to act on his 
behalf.
    (3) Vessel operators must contact the COTP via the Command Center 
to obtain permission to enter or operate within the safety zone. The 
COTP may be contacted via VHF Channel 16 or at (718) 354-4353. Vessel 
operators given permission to enter or operate within the safety zone 
must comply with all directions given to them by the COTP, via the 
Command Center or an on-scene representative.

    Dated: January 12, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-02276 Filed 2-4-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations                                          6181

                                             (b) Definitions. As used in this                      from a submerged power cable, and the                 and the hazards associated with the
                                           section, designated representative                      hazards associated with the cable repair              cable repairs.
                                           means a Coast Guard Patrol                              vessels. This temporary safety zone is                   We are issuing this rule, and under 5
                                           Commander, including a Coast Guard                      necessary to protect people and vessels               U.S.C. 553(d)(3), the Coast Guard finds
                                           coxswain, petty officer, or other officers              from the hazards associated with this                 that good cause exists for making it
                                           operating a Coast Guard vessel and a                    event. Entry of vessels or persons into               effective less than 30 days after
                                           Federal, State, and local officer                       this zone is prohibited unless                        publication in the Federal Register. For
                                           designated by or assisting the Captain of               specifically authorized by the Captain of             the same reasons discussed in the
                                           the Port (COTP) Morgan City in the                      the Port New York.                                    preceding paragraph, waiting for a 30
                                           enforcement of the safety zones.                        DATES: This rule is effective without                 day notice period to run would be
                                             (c) Regulations. (1) Under the general                actual notice from February 5, 2016                   impracticable and contrary to the public
                                           safety zone regulations in 33 CFR part                  through July 9, 2016. For the purposes                interest.
                                           165, subpart C, you may not enter the                   of enforcement, actual notice will be
                                           safety zones described in paragraph (a)                 used from January 12, 2016 through                    III. Legal Authority and Need for Rule
                                           of this section unless authorized by the                February 5, 2016.                                        The Coast Guard is issuing this rule
                                           COTP or the COTP’s designated                           ADDRESSES: To view documents                          under authority in 33 U.S.C. 1231, 33
                                           representative.                                         mentioned in this preamble as being                   CFR 1.05–1 and 160.5; and Department
                                             (2) To seek permission to enter,                      available in the docket, go to http://                of Homeland Security Delegation No.
                                           contact the COTP or the COTP’s                          www.regulations.gov, type USCG–2016–                  0170.1. The Captain of the Port New
                                           representative via VHF–FM channel 16,                   0028 in the ‘‘SEARCH’’ box and click                  York (COTP) has determined that a
                                           or through Coast Guard Marine Safety                    ‘‘SEARCH.’’ Click on Open Docket                      temporary safety zone is necessary to
                                           Unit Morgan City at 985–380–5334.                       Folder on the line associated with this               ensure the safety of vessels from the
                                           Those in the safety zones must comply                   rule.                                                 hazards associated with this dielectric
                                           with all lawful orders or directions                    FOR FURTHER INFORMATION CONTACT: If                   oil leak and power cable repairs.
                                           given to them by the COTP or the                        you have questions on this rule, call or                 Establishing a safety zone to control
                                           COTP’s designated representative.                       email Petty Officer Kristina Pundt,                   vessel movements around the location
                                             (d) Enforcement period. This rule will                Waterways Management Division, U.S.                   of the dielectric oil leak will help ensure
                                           be enforced from January 6, 2016                        Coast Guard Sector New York;                          the safety of persons and property
                                           through January 15, 2016, and from                      telephone 718–354–4352, email                         during assessment and response
                                           February 18, 2016 through February 27,                  Kristina.H.Pundt@uscg.mil.                            activities and help minimize the
                                           2016.                                                                                                         associated risks. Therefore, this rule will
                                                                                                   SUPPLEMENTARY INFORMATION:
                                             (e) Informational Broadcasts. The                                                                           remain in effect for the time stated
                                           COTP or a designated representative                     I. Table of Abbreviations                             herein but will be cancelled if response
                                           will inform the public through                          CFR Code of Federal Regulations                       activities are finished cease before July
                                           broadcasts notice to mariners of the                    DHS Department of Homeland Security                   9, 2016. The preliminary estimate for
                                           enforcement period for the emergency                    E.O. Executive order                                  completion of the clean-up and cable
                                           safety zones as well as any changes in                  FR Federal Register                                   repairs is February 11, 2016. This TFR
                                           the dates and times of enforcement.                     NPRM Notice of proposed rulemaking                    provides for an extended enforcement
                                                                                                   Pub. L. Public Law
                                             Dated: January 5, 2016.                               § Section                                             period in case of unforeseen
                                           D.G. McClellan,                                         U.S.C. United States Code                             circumstances that prevent the
                                           Captain, U.S. Coast Guard, Captain of the                                                                     contractors from completing the repairs
                                           Port Morgan City, Louisiana.                            II. Background Information and                        within their initial estimated timeline.
                                                                                                   Regulatory History
                                           [FR Doc. 2016–02281 Filed 2–4–16; 8:45 am]                                                                    IV. Discussion of the Rule
                                           BILLING CODE 9110–04–P                                     The Coast Guard is issuing this
                                                                                                   temporary rule without prior notice and                  This rule establishes a safety zone
                                                                                                   opportunity to comment pursuant to                    from January 12, 2016 through July 9,
                                           DEPARTMENT OF HOMELAND                                  authority under section 4(a) of the                   2016. The safety zone will cover all
                                           SECURITY                                                Administrative Procedure Act (APA) (5                 navigable waters of Anchorage Ground
                                                                                                   U.S.C. 553(b)). This provision                        19–W and the Hudson River within an
                                           Coast Guard                                             authorizes an agency to issue a rule                  area approximately 870–930 yards wide
                                                                                                   without prior notice and opportunity to               and 1,330–1,335 yards long near
                                           33 CFR Part 165                                         comment when the agency for good                      Edgewater, NJ.
                                           [Docket Number USCG–2016–0028]                          cause finds that those procedures are                    Entry into, transiting, or anchoring
                                                                                                   ‘‘impracticable, unnecessary, or contrary             within the safety zone is prohibited
                                           RIN 1625–AA00                                           to the public interest.’’ Under 5 U.S.C.              unless authorized by the COTP or a
                                                                                                   553(b)(B), the Coast Guard finds that                 designated representative. Vessel
                                           Safety Zone; Hudson River, Anchorage                    good cause exists for not publishing a                operators must contact the COTP or an
                                           Ground 19–W                                             notice of proposed rulemaking (NPRM)                  on-scene representative to obtain
                                           AGENCY:    Coast Guard, DHS.                            with respect to this rule because doing               permission to transit through this safety
                                           ACTION:   Temporary final rule.                         so would be impracticable. The Coast                  zone. The COTP or an on-scene
                                                                                                   Guard received notification of the                    representative may be contacted by VHF
                                           SUMMARY:   The Coast Guard is                           dielectric oil release from a submerged               Channel 16.
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                                           establishing a temporary safety zone in                 power cable on January 2, 2016. Thus,
                                                                                                                                                         V. Regulatory Analyses
                                           the waters of the Hudson River in the                   waiting for a notice and comment
                                           vicinity of Anchorage Ground 19–W.                      period to run would inhibit the Coast                   We developed this rule after
                                           This zone is intended to restrict vessels               Guard from protecting the public and                  considering numerous statutes and
                                           from a portion of the Hudson River due                  vessels from the possible hazards                     E.O.s related to rulemaking. Below we
                                           to the presence of a dielectric oil leak                associated with this dielectric oil leak              summarize our analyses based on these


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                                           6182               Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations

                                           statutes and E.O.s, and we discuss First                  Small businesses may send comments                  we do discuss the effects of this rule
                                           Amendment rights of protestors.                         on the actions of Federal employees                   elsewhere in this preamble.
                                                                                                   who enforce, or otherwise determine
                                           A. Regulatory Planning and Review                                                                             F. Environment
                                                                                                   compliance with, Federal regulations to
                                              E.O.s 12866 and 13563 direct agencies                the Small Business and Agriculture                       We have analyzed this rule under
                                           to assess the costs and benefits of                     Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           available regulatory alternatives and, if               and the Regional Small Business                       Management Directive 023–01 and
                                           regulation is necessary, to select                      Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                           regulatory approaches that maximize                     Ombudsman evaluates these actions
                                                                                                                                                         which guide the Coast Guard in
                                           net benefits. E.O. 13563 emphasizes the                 annually and rates each agency’s
                                                                                                                                                         complying with the National
                                           importance of quantifying both costs                    responsiveness to small business. If you
                                                                                                                                                         Environmental Policy Act of 1969(42
                                           and benefits, of reducing costs, of                     wish to comment on actions by
                                                                                                   employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                           harmonizing rules, and of promoting
                                                                                                   888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                           flexibility. This rule has not been
                                                                                                   Coast Guard will not retaliate against                category of actions that do not
                                           designated a ‘‘significant regulatory
                                                                                                   small entities that question or complain              individually or cumulatively have a
                                           action,’’ under E.O. 12866. Accordingly,
                                           it has not been reviewed by the Office                  about this rule or any policy or action               significant effect on the human
                                           of Management and Budget.                               of the Coast Guard.                                   environment. This rule involves the
                                                                                                                                                         establishment of a safety zone for
                                              We conclude that this rule is not a                  C. Collection of Information                          approximately 30 days that will prohibit
                                           significant regulatory action because we
                                           anticipate that it will have minimal                      This rule will not call for a new                   entry within the dielectric oil spill,
                                           impact on the economy, will not                         collection of information under the                   cleanup, and power cable repair area,
                                           interfere with other agencies, and will                 Paperwork Reduction Act of 1995 (44                   and is therefore categorically excluded
                                           not adversely alter the budget of any                   U.S.C. 3501–3520).                                    from further review under paragraph
                                           grant or loan recipients. Vessel traffic                                                                      34(g) of Figure 2–1 of the Commandant
                                                                                                   D. Federalism and Indian Tribal
                                           will be able to safely transit around this              Governments                                           Instruction. An environmental analysis
                                           safety zone. This safety zone only affects                                                                    checklist supporting this determination
                                                                                                      A rule has implications for federalism             and a Categorical Exclusion
                                           a small-designated area of the Hudson                   under E.O. 13132, Federalism, if it has
                                           River waterway for a relatively short                                                                         Determination will be in the docket
                                                                                                   a substantial direct effect on the States,            where indicated under ADDRESSES. We
                                           duration. Moreover, the Coast Guard                     on the relationship between the national
                                           will issue Broadcast Notice to Mariners                                                                       seek any comments or information that
                                                                                                   government and the States, or on the                  may lead to the discovery of a
                                           via VHF–FM marine channel 16.                           distribution of power and                             significant environmental impact from
                                           B. Impact on Small Entities                             responsibilities among the various                    this rule.
                                                                                                   levels of government. We have analyzed
                                              The Regulatory Flexibility Act of                    this rule under that Order and have                   G. Protest Activities
                                           1980, 5 U.S.C. 601–612, as amended,                     determined that it is consistent with the
                                           requires Federal agencies to consider                   fundamental federalism principles and                   The Coast Guard respects the First
                                           the potential impact of regulations on                  preemption requirements described in                  Amendment rights of protesters.
                                           small entities during rulemaking. The                   E.O. 13132.                                           Protesters are asked to contact the
                                           term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               person listed in the FOR FURTHER
                                           businesses, not-for-profit organizations                implications under E.O. 13175,                        INFORMATION CONTACT section to
                                           that are independently owned and                        Consultation and Coordination with                    coordinate protest activities so that your
                                           operated and are not dominant in their                  Indian Tribal Governments, because it                 message can be received without
                                           fields, and governmental jurisdictions                  does not have a substantial direct effect             jeopardizing the safety or security of
                                           with populations of less than 50,000.                   on one or more Indian tribes, on the                  people, places or vessels.
                                           The Coast Guard certifies under 5 U.S.C.                relationship between the Federal
                                           605(b) that this rule will not have a                                                                         List of Subjects in 33 CFR Part 165
                                                                                                   Government and Indian tribes, or on the
                                           significant economic impact on a                        distribution of power and                               Harbors, Marine safety, Navigation
                                           substantial number of small entities.                   responsibilities between the Federal                  (water), Reporting and recordkeeping
                                              While some owners or operators of                    Government and Indian tribes. If you                  requirements, Security measures,
                                           vessels intending to transit the safety                 believe this rule has implications for                Waterways.
                                           zone may be small entities, for the                     federalism or Indian tribes, please
                                           reasons stated in section V.A above, this               contact the person listed in the FOR                    For the reasons discussed in the
                                           rule will not have a significant                        FURTHER INFORMATION CONTACT section                   preamble, the Coast Guard amends 33
                                           economic impact on any vessel owner                     above.                                                CFR part 165 as follows:
                                           or operator.
                                              Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       PART 165—REGULATED NAVIGATION
                                           Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    AREAS AND LIMITED ACCESS AREAS
                                           Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
                                           we want to assist small entities in                     Federal agencies to assess the effects of             ■ 1. The authority citation for part 165
                                           understanding this rule. If the rule                    their discretionary regulatory actions. In            continues to read as follows:
                                           would affect your small business,                       particular, the Act addresses actions
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                                                                                                                                                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           organization, or governmental                           that may result in the expenditure by a               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           jurisdiction and you have questions                     State, local, or tribal government, in the            Department of Homeland Security Delegation
                                           concerning its provisions or options for                aggregate, or by the private sector of                No. 0170.1.
                                           compliance, please contact the person                   $100,000,000 (adjusted for inflation) or
                                           listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                ■ 2. Add § 165.T01–0028 to read as
                                           CONTACT section.                                        will not result in such an expenditure,               follows:


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                                                                       Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations                                                                                  6183

                                           § 165.T01–0028 Safety Zone: Hudson                                              Dated: January 12, 2016.                                                     Each year, LSC publishes an update to
                                           River, Anchorage Ground 19–W.                                                 M.H. Day,                                                                   Appendix A of 45 CFR part 1611 to
                                             (a) Location. The following area is a                                       Captain, U.S. Coast Guard, Captain of the                                   provide client income eligibility
                                           temporary safety zone: All U.S.                                               Port New York.                                                              standards based on the most recent
                                           navigable waters of the Hudson River                                          [FR Doc. 2016–02276 Filed 2–4–16; 8:45 am]                                  Guidelines. The figures for 2016, set out
                                                                                                                         BILLING CODE 9110–04–P                                                      below, are equivalent to 125 percent
                                           bound by the following points:
                                                                                                                                                                                                     (125%) of the current Guidelines
                                           40°48′56.00″ N., 073°58′47.08″ W.;
                                                                                                                                                                                                     published by HHS on January 25, 2016
                                           thence to 40°48′42.96″ N., 073°58′15.00″                                                                                                                  (81 FR 4036).
                                           W.; thence to 40°48′08.04″ N.,                                                LEGAL SERVICES CORPORATION
                                           073°58′38.82″ W.; thence to                                                                                                                                  In addition, LSC is publishing a chart
                                                                                                                         45 CFR Part 1611                                                            listing income levels that are two
                                           40°48′19.84″ N., 073°59′09.31″ W.,
                                           thence along the western shoreline to                                         Income Level for Individuals Eligible                                       hundred percent (200%) of the
                                           the point of origin. All coordinates are                                      for Assistance                                                              Guidelines. This chart is for reference
                                                                                                                                                                                                     purposes only as an aid to grant
                                           North American Datum 1983 (NAD 83).
                                                                                                                         AGENCY:         Legal Services Corporation.                                 recipients in assessing the financial
                                             (b) Enforcement period. The safety                                          ACTION:        Final rule.                                                  eligibility of an applicant whose income
                                           zone described in paragraph (a) of this                                                                                                                   is greater than 125 percent (125%) of the
                                           section will be enforced from January                                         SUMMARY:   The Legal Services                                               applicable Guidelines amount, but less
                                           12, 2016 until July 9, 2016, unless                                           Corporation (LSC or the Corporation) is                                     than 200 percent (200%) of the
                                           terminated sooner by the COTP.                                                required by law to establish maximum                                        applicable Guidelines amount (and who
                                                                                                                         income levels for individuals eligible for                                  may be found to be financially eligible
                                             (c) Regulations. (1) In accordance with                                     legal assistance. This document updates
                                           the general regulations in 33 CFR                                                                                                                         under duly adopted exceptions to the
                                                                                                                         the specified income levels to reflect the                                  annual income ceiling in accordance
                                           165.23, entry into, transiting, or                                            annual amendments to the Federal
                                           anchoring within this safety zone is                                                                                                                      with 45 CFR 1611.3, 1611.4, and
                                                                                                                         Poverty Guidelines issued by the                                            1611.5).
                                           prohibited unless authorized by the                                           Department of Health and Human
                                           COTP or his designated on scene                                               Services (HHS).                                                             List of Subjects in 45 CFR Part 1611
                                           representative.                                                               DATES: Effective February 5, 2016.
                                                                                                                                                                                                         Grant programs—law, Legal services.
                                             (2) A ‘‘on-scene representative’’ of the                                    FOR FURTHER INFORMATION CONTACT:
                                           COTP is any Coast Guard                                                       Stefanie K. Davis, Assistant General                                          For reasons set forth in the preamble,
                                           commissioned, warrant or petty officer                                        Counsel, Legal Services Corporation,                                        the Legal Services Corporation amends
                                           or a Federal, State or local law                                              3333 K St. NW., Washington, DC 20007;                                       45 CFR part 1611 as follows:
                                           enforcement officer designated by or                                          (202) 295–1563; sdavis@lsc.gov.
                                           assisting the COTP to act on his behalf.                                      SUPPLEMENTARY INFORMATION: Section                                          PART 1611—FINANCIAL ELIGIBILITY
                                             (3) Vessel operators must contact the                                       1007(a)(2) of the Legal Services
                                                                                                                         Corporation Act (Act), 42 U.S.C.                                            ■  1. The authority citation for part 1611
                                           COTP via the Command Center to                                                                                                                            is revised to read as follows:
                                                                                                                         2996f(a)(2), requires the Corporation to
                                           obtain permission to enter or operate                                         establish maximum income levels for                                           Authority: 42 U.S.C. 2996e(b)(1),
                                           within the safety zone. The COTP may                                          individuals eligible for legal assistance.                                  2996e(b)(3), 2996f(a)(1), 2996f(a)(2), 2996g(e);
                                           be contacted via VHF Channel 16 or at                                         Section 1611.3(c) of the Corporation’s                                      Sec. 509(h), Pub. L. 104–134, 110 Stat. 1321;
                                           (718) 354–4353. Vessel operators given                                        regulations establishes a maximum                                           Pub. L. 105–119, 11 Stat. 2512.
                                           permission to enter or operate within                                         income level equivalent to one hundred
                                           the safety zone must comply with all                                                                                                                      ■ 2. Revise Appendix A to part 1611 to
                                                                                                                         and twenty-five percent (125%) of the
                                           directions given to them by the COTP,                                                                                                                     read as follows:
                                                                                                                         Federal Poverty Guidelines
                                           via the Command Center or an on-scene                                         (Guidelines), which HHS is responsible                                      Appendix A to Part 1611— Income
                                           representative.                                                               for updating and issuing. 45 CFR                                            Level for Individuals Eligible for
                                                                                                                         1611.3(c).                                                                  Assistance

                                                                                                     LEGAL SERVICES CORPORATION 2016 INCOME GUIDELINES *
                                                                                                                                                                                                   48 Contiguous
                                                                                                                                                                                                   states and the
                                                                                                       Size of household                                                                                                Alaska            Hawaii
                                                                                                                                                                                                      District of
                                                                                                                                                                                                      Columbia

                                           1 ...................................................................................................................................................          $14,850          $18,550          $17,088
                                           2 ...................................................................................................................................................           20,025           25,025           23,038
                                           3 ...................................................................................................................................................           25,200           31,500           28,988
                                           4 ...................................................................................................................................................           30,375           37,975           34,938
                                           5 ...................................................................................................................................................           35,550           44,450           40,888
                                           6 ...................................................................................................................................................           40,725           50,925           46,838
                                           7 ...................................................................................................................................................           45,913           57,400           52,788
                                           8 ...................................................................................................................................................           51,113           63,900           58,763
Lhorne on DSK5TPTVN1PROD with RULES




                                           For each additional member of the household in excess of 8, add ...........................................                                                      5,200            6,500            5,975
                                              * The figures in this table represent 125% of the poverty guidelines by household size as determined by HHS.




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Document Created: 2016-02-05 00:17:01
Document Modified: 2016-02-05 00:17:01
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 February 5, 2016 through July 9, 2016. For the purposes of enforcement, actual notice will be used from January 12, 2016 through February 5, 2016.
ContactIf you have questions on this rule, call or email Petty Officer Kristina Pundt, Waterways Management Division, U.S. Coast Guard Sector New York; telephone 718-354-4352, email [email protected]
FR Citation81 FR 6181 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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