Safety Zone: Robert Moses Causeway Bridge State Boat Channel, Captree, NY, 48654-48657 [E9-22981]

Download as PDF 48654 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. cprice-sewell on DSK2BSOYB1PROD with RULES * * * * * (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. VerDate Nov<24>2008 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. PO 00000 Frm 00008 Fmt 4700 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: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of E:\FR\FM\24SER1.SGM 24SER1 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 http:// www.regulations.gov and will include any personal information you have provided. cprice-sewell on DSK2BSOYB1PROD with RULES 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 http:// 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 http:// 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. VerDate Nov<24>2008 13:21 Sep 23, 2009 Jkt 217001 To submit your comment online, go to http://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 http://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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24SER1.SGM 24SER1 48656 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. cprice-sewell on DSK2BSOYB1PROD with RULES 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. VerDate Nov<24>2008 13:21 Sep 23, 2009 Jkt 217001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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. E:\FR\FM\24SER1.SGM 24SER1 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. cprice-sewell on DSK2BSOYB1PROD with RULES 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 VerDate Nov<24>2008 13:21 Sep 23, 2009 Jkt 217001 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: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24SER1.SGM 24SER1

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.

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

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: http://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 http://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 http://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 http://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 http://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 http://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]
BILLING CODE 4910-15-P