Safety Zone: Robert Moses Causeway Bridge State Boat Channel, Captree, NY, 48654-48657 [E9-22981]
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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations
§ 40.25a Pipe tobacco and roll-your-own
tobacco tax rates and classification.
6. Section 41.72c is revised to read as
follows:
■
*
*
*
*
*
(b) * * *
(4) During the period from June 22,
2009, through March 23, 2010,
manufacturers may continue to remove
products as pipe tobacco in packages
that do not bear the declaration ‘‘pipe
tobacco’’ in the manner prescribed in
paragraph (b)(3)(i) of this section.
3. Section 40.216c is revised to read
as follows:
■
§ 40.216c
Package use-up rule.
(a) During the period from June 22,
2009, through March 23, 2010, a
manufacturer of tobacco products may
remove packages of pipe tobacco or rollyour-own tobacco that do not meet the
requirements of § 40.216a(a) or
§ 40.216b(a), provided that such
packages bear the designation ‘‘Tax
Class L’’ (to designate pipe tobacco) or
‘‘Tax Class J’’ (to designate roll-yourown tobacco) and were in use prior to
June 22, 2009.
(b) During the period from June 22,
2009, through March 23, 2010, a
manufacturer may remove roll-yourown tobacco for which the applicable
designation is ‘‘cigar tobacco,’’
‘‘cigarette wrapper,’’ or ‘‘cigar wrapper’’
even if the packages of such products do
not meet the requirements of § 40.216b.
PART 41—IMPORTATION OF
TOBACCO PRODUCTS, CIGARETTE
PAPERS AND TUBES, AND
PROCESSED TOBACCO
4. The authority citation for part 41
continues to read as follows:
■
Authority: 26 U.S.C. 5701–5705, 5708,
5712, 5713, 5721–5723, 5741, 5754, 5761–
5763, 6301, 6302, 6313, 6402, 6404, 7101,
7212, 7342, 7606, 7651, 7652, 7805; 31 U.S.C.
9301, 9303, 9304, 9306.
5. In § 41.30, paragraph (b)(3) is
amended by removing the words ‘‘Any
tobacco’’ and adding, in their place, the
words ‘‘Subject to paragraph (b)(4) of
this section, any tobacco’’, and a new
paragraph (b)(4) is added to read as
follows:
■
§ 41.30 Pipe tobacco and roll-your-own
tobacco.
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*
*
*
*
*
(b) * * *
(4) During the period from June 22,
2009, through March 23, 2010,
importers may continue to remove
products as pipe tobacco in packages
that do not bear the declaration ‘‘pipe
tobacco’’ in the manner prescribed in
paragraph (b)(3)(i) of this section.
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13:21 Sep 23, 2009
Jkt 217001
§ 41.72c
Package use-up rule.
(a) During the period from June 22,
2009, through March 23, 2010, an
importer of tobacco products may
remove packages of pipe tobacco or rollyour-own tobacco that do not meet the
requirements of § 41.72a(a) or
§ 41.72b(a), provided that such packages
bear the designation ‘‘Tax Class L’’ (to
designate pipe tobacco) or ‘‘Tax Class J’’
(to designate roll-your-own tobacco) and
were in use prior to June 22, 2009.
(b) During the period from June 22,
2009, through March 23, 2010, an
importer may remove roll-your-own
tobacco for which the applicable
designation is ‘‘cigar tobacco,’’
‘‘cigarette wrapper,’’ or ‘‘cigar wrapper’’
even if the packages of such products do
not meet the requirements of § 41.72b.
■ 7. In § 41.81, paragraphs (c)(6) and
(c)(7) are revised to read as follows:
§ 41.81
*
*
*
*
(c) * * *
(6) For pipe tobacco: The importer
will show the designation ‘‘pipe
tobacco’’, the number of pounds and
ounces, the rate of tax, and the tax due.
(7) For roll-your-own tobacco: The
importer will show the designation
‘‘roll-your-own tobacco’’ or any other
acceptable designation (‘‘cigarette
tobacco’’, ‘‘cigarette wrapper’’, ‘‘cigar
tobacco’’, or ‘‘cigar wrapper’’), the
number of pounds and ounces, the rate
of tax, and the tax due.
*
*
*
*
*
PART 45—REMOVAL OF TOBACCO
PRODUCTS AND CIGARETTE PAPERS
AND TUBES, WITHOUT PAYMENT OF
TAX, FOR USE OF THE UNITED
STATES
8. The authority citation for part 45
continues to read as follows:
■
Authority: 26 U.S.C. 5702–5705, 5723,
5741, 5751, 5762, 5763, 6313, 7212, 7342,
7606, 7805; 44 U.S.C. 3504(h).
9. Section 45.45c is revised to read as
follows:
■
Package use-up rule.
(a) During the period from June 22,
2009, through March 23, 2010, a
manufacturer of tobacco products may
remove packages of pipe tobacco or rollyour-own tobacco that do not meet the
requirements of § 45.45a(a) or
§ 45.45b(a), provided that such packages
bear the designation ‘‘Tax Class L’’ (to
designate pipe tobacco) or ‘‘Tax Class J’’
(to designate roll-your-own tobacco))
and were in use prior to June 22, 2009.
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Signed: August 23, 2009.
John J. Manfreda,
Administrator.
Approved: September 4, 2009.
Timothy E. Skud,
Deputy Assistant Secretary, Tax, Trade, and
Tariff Policy.
[FR Doc. E9–23180 Filed 9–23–09; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
Taxpayment.
*
§ 45.45c
(b) During the period from June 22,
2009, through March 23, 2010, a
manufacturer may remove roll-yourown tobacco for which the applicable
designation is ‘‘cigar tobacco,’’
‘‘cigarette wrapper,’’ or ‘‘cigar wrapper’’
even if the packages of such products do
not meet the requirements of § 45.45b.
Sfmt 4700
[Docket No. USCG–2009–0755]
RIN 1625–AA00
Safety Zone: Robert Moses Causeway
Bridge State Boat Channel, Captree,
NY
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
the waters of the State Boat Channel
surrounding the Robert Moses
Causeway located in Captree, New York
due to ongoing construction. This rule
is necessary to protect vessels transiting
the area from hazards imposed by
construction barges and equipment;
entry into this zone is prohibited unless
authorized by the Captain of the Port
Long Island Sound, New Haven, CT.
DATES: This interim rule is effective
from September 24, 2009 until May
28th, 2010. The safety zone has been
enforced with actual notice since
September 8, 2009. Comments and
related material must reach the Coast
Guard on or before November 9, 2009.
Requests for public meetings must be
received by the Coast Guard on or before
October 1, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0755 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or e-mail, Chief Petty Officer
Christie Dixon, Waterways
Management, Coast Guard Sector Long
Island Sound: telephone 203–468–4459,
e-mail Christie.M.Dixon@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0755),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
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To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–0755’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit comments by mail or hand
delivery, submit them in an unbound
format, no larger than 8c by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
this rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
0755’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before October 1, 2009,
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
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48655
public meeting, contact Chief Petty
Officer Christie Dixon, Waterways
Management, Coast Guard Sector Long
Island Sound at the telephone number
or e-mail address indicated under the
FOR FURTHER INFORMATION CONTACT
section of this notice.
Regulatory Information
The Coast Guard is issuing this
interim 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
insufficient time exists prior to the
beginning of construction to allow for a
full notice and comment period.
Further, any delay encountered in this
regulation’s effective date would be
contrary to the public’s interest as
immediate action is needed to ensure
the safety of vessels transiting in the
State Boat Channel in the vicinity of the
Robert Moses Causeway Bridge during
construction.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. A delay or cancellation of this
ongoing construction project is not in
the public interest and would further
disrupt the flow of vehicular and
maritime traffic. In addition, this safety
zone is necessary to ensure the
continued safety of the maritime public
and construction workers throughout
the completion of this essential repair
project.
Background and Purpose
The New York Department of
Transportation has been rehabilitating
portions of the Robert Moses Causeway
Bridge and recently determined that
additional work is needed and will be
rehabilitating the northbound section of
the Robert Moses Causeway Bridge
located over the State Boat Channel in
Captree, NY beginning on September
8th, 2009. These repairs are needed to
ensure the continued safe operation of
the bridge when being raised to
accommodate vessel traffic. To complete
the repairs on the bridge, construction
barges will need to block the waterway
throughout the course of the
rehabilitation project. To ensure the
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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations
continued safety of the boating
community and the construction
workers during the completion of this
project, the Coast Guard is establishing
a safety zone on the navigable waters of
the State Boat Channel within 100-yards
to either side of the Robert Moses
Causeway Bridge. This safety zone is
necessary to protect boaters from the
hazards posed by construction
equipment located on the waterway
during the rehabilitation work and to
protect the construction workers from
the dangers caused by vessels and vessel
wake near the barges. Vessels may
utilize the Great South Bay or Jones
Inlet as an alternative route to using the
State Boat Channel, allowing vessels to
avoid the safety zone and construction
while adding minimal additional transit
time. Marine traffic may also transit
outside of the established safety zone
during the effective dates thus allowing
navigation to continue in all other areas
of the State Boat Channel, except the
portion delineated by this rule.
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Discussion of Rule
This regulation establishes a
temporary safety zone on the State Boat
Channel within 100-yards to either side
of the Robert Moses Causeway Bridge.
This action is intended to prohibit all
vessels from entering the designated
portion of the State Boat Channel unless
prior permission has been received from
the Captain of the Port Long Island
Sound.
The effective period of this safety
zone is from September 8th, 2009
through May 28th, 2010, inclusive.
Entry into this zone during the effective
period is prohibited unless authorized
by the Captain of the Port Long Island
Sound. If construction is completed and
the barges are removed prior to May
28th, 2010, the safety zone will no
longer be enforced and the Coast Guard
will advise the public of the
cancellation of the safety zone through
marine information broadcasts and local
notice to mariners.
Any violation of the safety zone
described herein is punishable by,
among other things, civil and criminal
penalties, in rem liability against the
offending vessel, and the initiation of
suspension or revocation proceedings
against Coast Guard-issued merchant
mariner credentials.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
This regulation may have some
impact on the public, but the potential
impact will be minimized for the
following reasons: Vessels may transit
in all areas of the State Boat Channel
other than the area of the safety zone,
and may utilize other routes to transit
around the safety zone and construction
with minimally increased transit time.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit in those
portions of the State Boat Channel that
are covered by the safety zone. For the
reasons outlined in the Regulatory
Evaluation section above, this rule will
not have a significant impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under subsection 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking. Small
businesses may send comments on the
actions of Federal employees who
enforce, or otherwise determine
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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.
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 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.
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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
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Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
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technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
establishes a safety zone and therefore
falls under the categorical exclusion in
paragraph (34)(g). An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
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:
48657
Designated on-scene patrol personnel,
means any commissioned, warrant and
petty officers of the U.S. Coast Guard
operating Coast Guard vessels who have
been authorized to act on the behalf of
the Captain of the Port Long Island
Sound.
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in § 165.23 of this part, entry
into or movement within this zone is
prohibited unless authorized by the
Captain of the Port Long Island Sound.
(3) All persons and vessels must
comply with the Coast Guard Captain of
the Port or the designated on-scene
patrol personnel.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Persons and vessels may request
permission to enter the zone on VHF–
16 or via phone at (203) 468–4401.
(d) Effective period. This rule is
effective from September 8th, 2009,
through May 28th, 2010, inclusive.
Dated: September 4, 2009.
Kevin C. Burke,
Commander, U.S. Coast Guard, Acting
Captain of the Port Long Island Sound.
[FR Doc. E9–22981 Filed 9–23–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AN26
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Loan Guaranty: Assistance to Eligible
Individuals in Acquiring Specially
Adapted Housing; Cost-ofConstruction Index
AGENCY:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0755 to read as
follows:
■
§ 165.T01–0755 Safety Zone: Robert
Moses Causeway Bridge State Boat
Channel, Captree, New York.
(a) Location. The following area is a
safety zone: All navigable waters of the
Federal channel on the State Boat
Channel in Captree, NY, from surface to
bottom, within 100 yards to either side
of the Robert Moses Causeway Bridge.
(b) Definitions. The following
definition applies to this section:
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ACTION:
Department of Veterans Affairs.
Final rule.
SUMMARY: This document amends the
Department of Veterans Affairs’ (VA’s)
Loan Guaranty regulations concerning
assistance to eligible individuals in
acquiring specially adapted housing.
This final rule implements provisions of
the Housing and Economic Recovery
Act of 2008, which authorized VA to
provide for automatic annual increases
in the dollar amounts available to
certain Specially Adapted Housing grant
recipients.
DATES: Effective Date: October 26, 2009.
FOR FURTHER INFORMATION CONTACT:
Katherine Faliski, Assistant Director for
Loan Policy and Valuation, Loan
Guaranty Service (26), Veterans Benefits
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]]>Agencies
[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Rules and Regulations]
[Pages 48654-48657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22981]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0755]
RIN 1625-AA00
Safety Zone: Robert Moses Causeway Bridge State Boat Channel,
Captree, NY
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the State Boat Channel surrounding the Robert Moses
Causeway located in Captree, New York due to ongoing construction. This
rule is necessary to protect vessels transiting the area from hazards
imposed by construction barges and equipment; entry into this zone is
prohibited unless authorized by the Captain of the Port Long Island
Sound, New Haven, CT.
DATES: This interim rule is effective from September 24, 2009 until May
28th, 2010. The safety zone has been enforced with actual notice since
September 8, 2009. Comments and related material must reach the Coast
Guard on or before November 9, 2009. Requests for public meetings must
be received by the Coast Guard on or before October 1, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0755 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
[[Page 48655]]
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail, Chief Petty Officer Christie Dixon, Waterways
Management, Coast Guard Sector Long Island Sound: telephone 203-468-
4459, e-mail Christie.M.Dixon@uscg.mil. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0755), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-0755'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0755'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before October 1, 2009, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Chief Petty Officer Christie Dixon, Waterways Management, Coast
Guard Sector Long Island Sound at the telephone number or e-mail
address indicated under the FOR FURTHER INFORMATION CONTACT section of
this notice.
Regulatory Information
The Coast Guard is issuing this interim 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 insufficient time exists prior to the
beginning of construction to allow for a full notice and comment
period. Further, any delay encountered in this regulation's effective
date would be contrary to the public's interest as immediate action is
needed to ensure the safety of vessels transiting in the State Boat
Channel in the vicinity of the Robert Moses Causeway Bridge during
construction.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. A delay or cancellation of this
ongoing construction project is not in the public interest and would
further disrupt the flow of vehicular and maritime traffic. In
addition, this safety zone is necessary to ensure the continued safety
of the maritime public and construction workers throughout the
completion of this essential repair project.
Background and Purpose
The New York Department of Transportation has been rehabilitating
portions of the Robert Moses Causeway Bridge and recently determined
that additional work is needed and will be rehabilitating the
northbound section of the Robert Moses Causeway Bridge located over the
State Boat Channel in Captree, NY beginning on September 8th, 2009.
These repairs are needed to ensure the continued safe operation of the
bridge when being raised to accommodate vessel traffic. To complete the
repairs on the bridge, construction barges will need to block the
waterway throughout the course of the rehabilitation project. To ensure
the
[[Page 48656]]
continued safety of the boating community and the construction workers
during the completion of this project, the Coast Guard is establishing
a safety zone on the navigable waters of the State Boat Channel within
100-yards to either side of the Robert Moses Causeway Bridge. This
safety zone is necessary to protect boaters from the hazards posed by
construction equipment located on the waterway during the
rehabilitation work and to protect the construction workers from the
dangers caused by vessels and vessel wake near the barges. Vessels may
utilize the Great South Bay or Jones Inlet as an alternative route to
using the State Boat Channel, allowing vessels to avoid the safety zone
and construction while adding minimal additional transit time. Marine
traffic may also transit outside of the established safety zone during
the effective dates thus allowing navigation to continue in all other
areas of the State Boat Channel, except the portion delineated by this
rule.
Discussion of Rule
This regulation establishes a temporary safety zone on the State
Boat Channel within 100-yards to either side of the Robert Moses
Causeway Bridge. This action is intended to prohibit all vessels from
entering the designated portion of the State Boat Channel unless prior
permission has been received from the Captain of the Port Long Island
Sound.
The effective period of this safety zone is from September 8th,
2009 through May 28th, 2010, inclusive. Entry into this zone during the
effective period is prohibited unless authorized by the Captain of the
Port Long Island Sound. If construction is completed and the barges are
removed prior to May 28th, 2010, the safety zone will no longer be
enforced and the Coast Guard will advise the public of the cancellation
of the safety zone through marine information broadcasts and local
notice to mariners.
Any violation of the safety zone described herein is punishable by,
among other things, civil and criminal penalties, in rem liability
against the offending vessel, and the initiation of suspension or
revocation proceedings against Coast Guard-issued merchant mariner
credentials.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: Vessels
may transit in all areas of the State Boat Channel other than the area
of the safety zone, and may utilize other routes to transit around the
safety zone and construction with minimally increased transit time.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit in those portions of the State Boat Channel that are covered by
the safety zone. For the reasons outlined in the Regulatory Evaluation
section above, this rule will not have a significant impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist
small entities in understanding the rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
[[Page 48657]]
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule establishes a safety zone and
therefore falls under the categorical exclusion in paragraph (34)(g).
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0755 to read as follows:
Sec. 165.T01-0755 Safety Zone: Robert Moses Causeway Bridge State
Boat Channel, Captree, New York.
(a) Location. The following area is a safety zone: All navigable
waters of the Federal channel on the State Boat Channel in Captree, NY,
from surface to bottom, within 100 yards to either side of the Robert
Moses Causeway Bridge.
(b) Definitions. The following definition applies to this section:
Designated on-scene patrol personnel, means any commissioned, warrant
and petty officers of the U.S. Coast Guard operating Coast Guard
vessels who have been authorized to act on the behalf of the Captain of
the Port Long Island Sound.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port Long Island Sound.
(3) All persons and vessels must comply with the Coast Guard
Captain of the Port or the designated on-scene patrol personnel.
(4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
(5) Persons and vessels may request permission to enter the zone on
VHF-16 or via phone at (203) 468-4401.
(d) Effective period. This rule is effective from September 8th,
2009, through May 28th, 2010, inclusive.
Dated: September 4, 2009.
Kevin C. Burke,
Commander, U.S. Coast Guard, Acting Captain of the Port Long Island
Sound.
[FR Doc. E9-22981 Filed 9-23-09; 8:45 am]
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