81_FR_78976 81 FR 78759 - Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone

81 FR 78759 - Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 217 (November 9, 2016)

Page Range78759-78760
FR Document2016-27037

The Coast Guard is publishing this notice to correct a misstatement and typographical error in a previous Advance Notice of Proposed Rulemaking (ANPRM). A sentence in the summary of that document erroneously stated that the Coast Guard was considering removing a security zone around Liberty State Park and Ellis Island, while the document itself merely discussed the possibility of modifying the zone, not removing it.

Federal Register, Volume 81 Issue 217 (Wednesday, November 9, 2016) 
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Proposed Rules]
[Pages 78759-78760]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27037]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0799]
RIN 1625-AA87


Safety and Security Zones; New York Marine Inspection and Captain 
of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Technical correction.

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SUMMARY: The Coast Guard is publishing this notice to correct a 
misstatement and typographical error in a previous

[[Page 78760]]

Advance Notice of Proposed Rulemaking (ANPRM). A sentence in the 
summary of that document erroneously stated that the Coast Guard was 
considering removing a security zone around Liberty State Park and 
Ellis Island, while the document itself merely discussed the 
possibility of modifying the zone, not removing it.

DATES: Comments and related material regarding the ANPRM must be 
received by the Coast Guard on or before January 3, 2017.

ADDRESSES: You may submit comments identified by docket number [USCG-
2016-0799] using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the ANPRM for further instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
technical correction, call or email Ari Scott, Office of Regulations 
and Administrative Law, U.S. Coast Guard; telephone (202) 372-3860, 
email [email protected].

SUPPLEMENTARY INFORMATION: 
    On November 3, 2016, the Coast Guard published an ANPRM which 
discussed the possibility of modifying the security zone around Liberty 
State Park and Ellis Island (81 FR 76545). On page 76545, in the second 
column, correct the second sentence of the Summary to read: ``The 
proposed modification of the security zone would increase navigational 
safety in New York Harbor by allowing vessels to transit under the 
Ellis Island Bridge, rather than being required to transit the 
Anchorage Channel.''

    Dated: November 3, 2016.
Katia Kroutil,
Office Chief, Office of Regulations and Administrative Law, U.S. Coast 
Guard.
[FR Doc. 2016-27037 Filed 11-8-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Proposed Rules 78759 Paperwork Reduction Act necessary to make a determination to disclose the identity of those medical This NPRM imposes no reporting or before the Board evaluates medical sources to us based on the attorney- recordkeeping requirements subject to evidence obtained from another source client privilege. As another example, if OMB clearance. on a consultative basis. The medical your representative asks a medical source will have 10 days from the source to complete an opinion form List of Subjects in 20 CFR Part 220 follow-up request to reply (unless related to your impairment(s), Disability benefits, Railroad experience indicates that a longer symptoms, or limitations, your retirement. period is advisable in a particular case). representative cannot withhold the The Railroad Retirement Board In order to expedite processing, the completed opinion form from us based Board may order a consultative exam on the attorney work product doctrine. proposes to amend title 20, chapter II, from a non-treating source while The attorney work product doctrine subchapter F, part 220 of the Code of awaiting receipt of medical source would not protect the source’s opinions Federal Regulations as follows: evidence. If the Board asks you to do so, on the completed form, regardless of PART 220 DETERMINING DISABILITY you must contact the medical sources to whether or not your representative used help us get the medical reports. the form in his or her analysis of your ■ 1. The authority citation for part 220 (2) Exceptions. Notwithstanding claim or made handwritten notes on the continues to read as follows: paragraph (a) of this section, evidence face of the report. does not include: (c) Your responsibility. You must Authority: 45 U.S.C. 231a(1); 45 U.S.C. 231f. (i) Oral or written communications inform us about or submit all evidence between you and your representative known to you that relates to whether or ■ 2. Revise § 220.45 to read as follows: that are subject to the attorney-client not you are blind or disabled. When you § 220.45 Providing evidence of disability. privilege, unless you voluntarily submit evidence received from another disclose the communication to us; or source, you must submit that evidence (a) General. You are responsible for (ii) Your representative’s analysis of providing all evidence of the claimed in its entirety, unless you previously your claim, unless he or she voluntarily submitted the same evidence to us or we disability and the effect of the disability discloses it to us. Your representative’s on your ability to work. You must instruct you otherwise. The Board may ‘‘analysis of your claim,’’ means inform the Board about or submit all also ask you to provide evidence about: information that is subject to the evidence known to you that relates to (1) Your age; attorney work product doctrine, but it the claimed disability. This duty is (2) Your education and training; does not include medical evidence, ongoing and requires you to disclose (3) Your work experience; medical source opinions, or any other any additional related evidence about (4) Your daily activities both before factual matter that we may consider in which you become aware. This duty and after the date you say that you determining whether or not you are applies at each level of the became disabled; entitled to benefits (See paragraph administrative review process, (5) Your efforts to work; and (b)(2)(iv) of this section). including the appeals level, if the (iii) The provisions of paragraph (6) Any other evidence showing how evidence relates to the period on or (b)(2)(i) of this section apply to your impairment(s) affects your ability before the date of the hearings officer’s communications between you and your to work. (In §§ 220.125 through 220.134, decision. The Board will assist you, non-attorney representative only if the we discuss in more detail the evidence when necessary, in obtaining the communications would be subject to the the Board needs when it considers required evidence. At its discretion, the attorney-client privilege, if your non- vocational factors.) Board will arrange for an examination attorney representative were an Dated: November 3, 2016. by a consultant at the expense of the attorney. The provisions of paragraph By Authority of the Board. Board as explained in §§ 220.50 and (b)(2)(ii) of this section apply to the Martha P. Rico, 220.51. analysis of your claim by your non- Secretary to the Board. (b) Kind of evidence. (1) You must attorney representative only if the [FR Doc. 2016–27060 Filed 11–8–16; 8:45 am] provide medical evidence proving that analysis of your claim would be subject BILLING CODE P you have an impairment(s) and how to the attorney work product doctrine, if severe it is during the time you claim to your non-attorney representative were be disabled. The Board will consider an attorney. only impairment(s) you claim to have or (iv) The attorney-client privilege DEPARTMENT OF HOMELAND about which the Board receives generally protects confidential SECURITY evidence. Before deciding your communications between an attorney disability status, the Board will develop and his or her client that are related to Coast Guard a complete medical history (i.e., providing or obtaining legal advice. The evidence from the records of the your attorney work product doctrine 33 CFR Part 165 medical sources) covering at least the generally protects an attorney’s analysis, [Docket Number USCG–2016–0799] preceding 12 months, unless you say theories, mental impressions, and notes. that your disability began less than 12 In the context of your disability claim, RIN 1625–AA87 months before you filed an application. neither the attorney-client privilege nor Safety and Security Zones; New York The Board will make every reasonable the attorney work product doctrine jstallworth on DSK7TPTVN1PROD with PROPOSALS Marine Inspection and Captain of the effort to help you in getting medical allows you to withhold factual Port Zone reports from your own medical sources information, medical source opinions, when you give the Board permission to or other medical evidence that we may AGENCY: Coast Guard, DHS. request them. Every reasonable effort consider in determining whether or not ACTION: Technical correction. means that the Board will make an you are entitled to benefits. For initial request and, after 20 days, one example, if you tell your representative SUMMARY: The Coast Guard is publishing follow-up request to your medical about the medical sources you have this notice to correct a misstatement and source to obtain the medical evidence seen, your representative cannot refuse typographical error in a previous VerDate Sep<11>2014 14:36 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1

78760 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Proposed Rules Advance Notice of Proposed DEPARTMENT OF HEALTH AND your written comments ONLY to the Rulemaking (ANPRM). A sentence in HUMAN SERVICES following addresses: the summary of that document a. For delivery in Washington, DC— erroneously stated that the Coast Guard Centers for Medicare & Medicaid Centers for Medicare & Medicaid was considering removing a security Services Services, Department of Health and zone around Liberty State Park and Ellis Human Services, Room 445–G, Hubert Island, while the document itself merely 42 CFR Part 440 H. Humphrey Building, 200 discussed the possibility of modifying Independence Avenue SW., [CMS–2404–NC] the zone, not removing it. Washington, DC 20201. RIN 0938–ZB33 (Because access to the interior of the DATES: Comments and related material Hubert H. Humphrey Building is not regarding the ANPRM must be received Medicaid Program; Request for readily available to persons without by the Coast Guard on or before January Information (RFI): Federal Government federal government identification, 3, 2017. Interventions To Ensure the Provision commenters are encouraged to leave ADDRESSES: You may submit comments of Timely and Quality Home and their comments in the CMS drop slots Community Based Services located in the main lobby of the identified by docket number [USCG– 2016–0799] using the Federal building. A stamp-in clock is available AGENCY: Centers for Medicare & eRulemaking Portal at http:// for persons wishing to retain a proof of Medicaid Services (CMS), HHS. filing by stamping in and retaining an www.regulations.gov. See the ‘‘Public ACTION: Request for information. extra copy of the comments being filed.) Participation and Request for SUMMARY: This request for information b. For delivery in Baltimore, MD— Comments’’ portion of the ANPRM for seeks information and data on Centers for Medicare & Medicaid further instructions on submitting additional reforms and policy options Services, Department of Health and comments. Human Services, 7500 Security that we can consider to accelerate the FOR FURTHER INFORMATION CONTACT: If provision of home and community- Boulevard, Baltimore, MD 21244–1850. you have questions on this technical based services (HCBS) to Medicaid If you intend to deliver your correction, call or email Ari Scott, Office beneficiaries taking into account issues comments to the Baltimore address, call of Regulations and Administrative Law, affecting beneficiary choice and control, telephone number (410) 786–7195 in U.S. Coast Guard; telephone (202) 372– program integrity, ratesetting, quality advance to schedule your arrival with 3860, email Ari.J.Scott@uscg.mil. infrastructure, and the homecare one of our staff members. workforce. Comments erroneously mailed to the SUPPLEMENTARY INFORMATION: addresses indicated as appropriate for DATES: To be assured consideration, hand or courier delivery may be delayed On November 3, 2016, the Coast comments must be received at one of Guard published an ANPRM which and received after the comment period. the addresses provided below, no later discussed the possibility of modifying For information on viewing public than 5 p.m. on January 9, 2017. the security zone around Liberty State comments, see the beginning of the ADDRESSES: In commenting, refer to file SUPPLEMENTARY INFORMATION section. Park and Ellis Island (81 FR 76545). On code CMS–2404–NC. Because of staff page 76545, in the second column, and resource limitations, we cannot FOR FURTHER INFORMATION CONTACT: correct the second sentence of the accept comments by facsimile (FAX) Melissa Harris, (410) 786–3397. Summary to read: ‘‘The proposed transmission. Jodie Anthony, (410) 786–5903. modification of the security zone would You may submit comments in one of SUPPLEMENTARY INFORMATION: Inspection increase navigational safety in New four ways (please choose only one of the of Public Comments: All comments York Harbor by allowing vessels to ways listed): received before the close of the transit under the Ellis Island Bridge, 1. Electronically. You may submit comment period are available for rather than being required to transit the electronic comments on this regulation viewing by the public, including any Anchorage Channel.’’ to http://www.regulations.gov. Follow personally identifiable or confidential Dated: November 3, 2016. the ‘‘Submit a comment’’ instructions. business information that is included in 2. By regular mail. You may mail a comment. We post all comments Katia Kroutil, written comments to the following received before the close of the Office Chief, Office of Regulations and address ONLY: Centers for Medicare & comment period on the following Web Administrative Law, U.S. Coast Guard. site as soon as possible after they have Medicaid Services, Department of [FR Doc. 2016–27037 Filed 11–8–16; 8:45 am] Health and Human Services, Attention: been received: http:// BILLING CODE 9110–04–P CMS–2404–NC, P.O. Box 8013, www.regulations.gov. Follow the search Baltimore, MD 21244–8013. instructions on that Web site to view Please allow sufficient time for mailed public comments. comments to be received before the Comments received timely will also close of the comment period. be available for public inspection as 3. By express or overnight mail. You they are received, generally beginning may send written comments to the approximately 3 weeks after publication jstallworth on DSK7TPTVN1PROD with PROPOSALS following address ONLY: Centers for of a document, at the headquarters of Medicare & Medicaid Services, the Centers for Medicare & Medicaid Department of Health and Human Services, 7500 Security Boulevard, Services, Attention: CMS–2404–NC, Baltimore, Maryland 21244, Monday Mail Stop C4–26–05, 7500 Security through Friday of each week from 8:30 Boulevard, Baltimore, MD 21244–1850. a.m. to 4 p.m. To schedule an 4. By hand or courier. Alternatively, appointment to view public comments, you may deliver (by hand or courier) phone 1–800–743–3951. VerDate Sep<11>2014 14:36 Nov 08, 2016 Jkt 241001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1


Document Created: 2016-11-09 01:39:49
Document Modified: 2016-11-09 01:39:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionTechnical correction.
DatesComments and related material regarding the ANPRM must be received by the Coast Guard on or before January 3, 2017.
ContactIf you have questions on this technical correction, call or email Ari Scott, Office of Regulations and Administrative Law, U.S. Coast Guard; telephone (202) 372-3860, email [email protected]
FR Citation81 FR 78759 
RIN Number1625-AA87
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