Safety Zones; Fireworks Displays and Surfing Events in Captain of the Port Long Island Sound Zone, 55566-55570 [2011-22996]
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
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.
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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
involves the establishment of a
temporary safety zone, ships can safely
pass around the zone, and the zone will
be enforced for only five hours.
Therefore this rule is categorically
excluded under paragraph 34(g) of the
Instruction.
An environmental analysis check list
and categorical exclusion determination
are available in the docket where
indicated under ADDRESSES.
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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:
contact the Captain of the Port Detroit
or his on-scene representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
directions given to them by the Captain
of the Port or his on-scene
representative.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Dated: August 29, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2011–22995 Filed 9–7–11; 8:45 am]
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 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.T09–0775 to read as
follows:
■
§ 165.T09–0775 Safety Zone; Revolution 3,
Sandusky Bay, Lake Erie, Cedar Point, OH.
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Erie within 41–29–00.04 N, 082–
40–48.16 W to 41–29–19.28 N, 082–40–
38.97 W to 41–29–02.51 N, 082.40.20.82
W to 41–28–45.52 N, 082–40–35.75 W.
In the event of inclement weather, the
following alternate area is a temporary
safety zone: All waters of Sandusky Bay
within 41–28–22 N, 082–40–44 W to
41–28–38.59 N, 082–41–10.51 W to 41–
28–17.25 N, 082–40–54.09 W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced from 6:00 a.m. through
11:00 a.m. on September 11, 2011.
(c) Regulations.
(1) In accordance with the general
regulations in section 165.23 of this
part, entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Detroit, or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on scene representative may
be contact via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0786]
RIN 1625–AA00
Safety Zones; Fireworks Displays and
Surfing Events in Captain of the Port
Long Island Sound Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing safety zones for marine
events within the Captain of the Port
(COTP) Long Island Sound Zone for a
surfing event and fireworks displays.
This action is necessary to provide for
the safety of life on navigable waters
during the events. Entry into, transit
through, mooring or anchoring within
this zone is prohibited unless
authorized by the COTP Sector Long
Island Sound.
DATES: This rule is effective in the CFR
on September 8, 2011 through 5 p.m. on
September 15, 2011. This rule is
effective with actual notice for purposes
of enforcement beginning at 8:30 p.m.
on September 1, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0786 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0786 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
SUMMARY:
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rule, call or e-mail Petty Officer Joseph
Graun, Prevention Department, Coast
Guard Sector Long Island Sound, (203)
468–4544, Joseph.L.Graun@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final 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 any
delay encountered in this regulation’s
effective date by publishing an NPRM
would be contrary to public interest
since immediate action is needed to
protect both spectators and participants
from the potential safety hazards
associated with these events. We spoke
to the event sponsors, and they are
unable and unwilling to move their
event dates for the following reasons.
The sponsors for Quiksilver Pro New
York, Surf competition stated delaying
the event is not an option because
weather conditions later in the year will
not support competition size waves.
This is the first time this event will be
held on the East Coast. The sponsors
were not aware of the requirements for
submitting a marine event application
135 days in advance resulting in a late
notification to the Coast Guard. The
sponsors are now aware of the reporting
requirements.
The sponsors for Stamford Fireworks
and Village of Island Park Labor Day
Celebration Fireworks submitted a
marine event application with sufficient
notice to the Coast Guard. These
fireworks displays are recurring marine
events with a corresponding entry in a
proposed permanent rule for which the
NPRM just closed its public comment
period (docket number USCG–2008–
0384); no public comments were
received. The Coast Guard is
establishing these temporary safety
zones to provide for safety of life during
this year’s events.
For the same reasons 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
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publication in the Federal Register.
Delaying the effective date by first
publishing a NPRM would be contrary
to the rule’s objectives of ensuring safety
of life on the navigable waters during
these scheduled events as immediate
action is needed to protect both
spectators and participants from the
potential safety hazards associated with
these events including collisions with
surfers, unexpected pyrotechnics
detonation and burning debris.
Basis and Purpose
The legal basis for this temporary rule
is 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; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define regulatory safety zones.
This temporary rule establishes safety
zones for fireworks displays and a
surfing event. Marine events are
frequently held on the navigable waters
within the COTP Long Island Sound
Zone. Based on accidents that have
occurred in the past and the explosive
hazards of fireworks, the COTP Long
Island Sound has determined that
surfing events and fireworks displays
proximate to watercrafts pose significant
risk to public safety and property.
In order to protect the safety of all
waterway users including event
participants and spectators, this
temporary rule establishes safety zones
for the time and location of each event.
Discussion of Rule
This temporary rule establishes safety
zones for two fireworks displays and
one surfing event in the COTP Long
Island Sound Zone. These events are
listed below in the text of the regulation
in table format.
Because large numbers of spectator
vessels are expected to congregate
around the location of these events,
these regulated areas are needed to
protect both spectators and participants
from the safety hazards created by them
including unexpected pyrotechnics
detonation, burning debris, and hazards
inherent with surfing competitions.
This rule prevents vessels from
entering, transiting, mooring or
anchoring within areas specifically
designated as regulated areas during the
periods of enforcement unless
authorized by the COTP, or designated
representative.
The Coast Guard determined that
these regulated areas will not have a
significant impact on vessel traffic due
to their temporary nature, limited size,
and the fact that vessels are allowed to
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transit the navigable waters outside of
the regulated areas. The COTP will
cause public notifications to be made by
all appropriate means including but not
limited to the Local Notice to Mariners
as well as Broadcast Notice to Mariners.
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.
Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, 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.
The Coast Guard determined that this
rule is not a significant regulatory action
for the following reasons: The regulated
areas will be of limited duration and
cover only a small portion of the
navigable waterways. Furthermore,
vessels may transit the navigable
waterways outside of the regulated
areas. Vessels requiring entry into the
regulated areas may be authorized to do
so by the COTP or the designated
representative.
Advance public notifications will also
be made to the local maritime
community by the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
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 will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
the designated regulated areas during
the enforcement periods stated for each
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
event listed below in the List of
Subjects.
The temporary safety zones will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: The regulated
areas will be of limited size and of short
duration, and vessels that can safely do
so may navigate in all other portions of
the waterways except for the areas
designated as regulated areas.
Additionally, before the effective
period, notifications will be made to the
local maritime community by all
appropriate means including but not
limited to the Local Notice to Mariners
and Broadcast Notice to Mariners well
in advance of the events.
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Assistance for Small Entities
Under section 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 process.
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.
Civil Justice Reform
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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
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Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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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
involves the establishment of safety
zones. 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, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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; and
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0786 to read as
follows:
■
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
§ 165.T01–0786 Safety Zones; Fireworks
Displays and Surfing Events in Captain of
the Port Long Island Sound Zone
(a) Regulations.
The general regulations contained in
33 CFR 165.23 as well as the following
regulations apply to the events listed in
TABLE 1 of § 165.T01–0786 and TABLE
2 of § 165.T01–0786.
These regulations will be enforced for
the duration of each event.
(b) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port, Sector Long Island Sound (COTP),
to act on his or her behalf. The
designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(c) Vessel operators desiring to enter
or operate within the regulated areas
should contact the COTP or the
designated representative via VHF
channel 16 or by telephone at (203)
468–4404 to obtain permission to do so.
(d) Spectators shall not anchor, block,
loiter, or impede the transit of event
participants or official patrol vessels in
the regulated areas during the effective
dates and times, or dates and times as
modified through the Local Notice to
Mariners, unless authorized by COTP or
designated representative.
(e) The COTP or designated
representative may delay or terminate
55569
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(f) The regulated area for all fireworks
displays listed in TABLE 1 of
§ 165.T01–0786 is that area of navigable
waters within a 1000 foot radius of the
launch platform or launch site for each
fireworks display. Fireworks barges
used in these locations will also have a
sign on their port and starboard side
labeled ‘‘FIREWORKS—STAY AWAY.’’
This sign will consist of 10 inch high by
1.5 inch wide red lettering on a white
background. Shore sites used in these
locations will display a sign labeled
‘‘FIREWORKS—STAY AWAY’’ with the
same dimensions.
(g) The regulated areas for all surfing
events listed in Table 2 of § 165.T01–
0786 are all navigable waters within a
100 yard radius of surfing participants
and support vessels within the location
area.
TABLE 1 OF § 165.T01–0786
Fireworks Events
1 Stamford Fireworks ......................
2 Village of Island Park Labor Day
Celebration Fireworks.
• Date: September 1, 2011.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of Stamford Harbor, Stamford, CT in approximate position 41°1′48.464″ N,
073°32′15.316″ W (NAD 83).
• Date: September 3, 2011.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters off Village of Island Park Fishing Pier, Village Beach, NY in approximate position
40°36′30.95″ N, 073°39′22.23″ W (NAD 83).
TABLE 2 OF § 165.T01–0786
Surfing Events
2 Quiksilver Pro New York, Surf
competition.
•
•
•
•
•
•
•
•
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Effective dates: September 4–15, 2011.
Enforcement dates: 4 days to be determined by weather.
Notification: Broad.
Time: 8 a.m. to 5 p.m.
Locations: All waters of the Atlantic Ocean within 150 yards of each beach listed below, Long Beach,
NY.
National Beach: Approximate positions, beach begins 40°34′58.961″ N, 073°40′10.236″ W beach ends
40°34′58.961″ N, 073°39′59.962″ W.
Lincoln Beach: Approximate positions, beach begins 40°34′56.647″ N, 073°39′18.982″ W beach ends
40°34′56.647″ N, 073°39′8.668″ W.
Laurelton Beach: Approximate positions, beach begins 40°34′59.344″ N, 073°40′31.962″ W beach ends
40°34′59.344″ N, 073°40′31.789″ W.
Pacific Beach: Approximate positions, beach begins 40°34′56.733″ N, 073°38′37.385″ W beach ends
40°34′56.733″ N, 073°38′26.491″ W.
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
Dated: August 19, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2011–22996 Filed 9–7–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 17 and 51
RIN 2900–AN63
Per Diem Payments for the Care
Provided to Eligible Veterans
Evacuated From a State Home as a
Result of an Emergency
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its regulations
concerning per diem payments to States
to permit continuation of such
payments in some situations for
veterans who have been evacuated from
a State home as a result of an
emergency. Per diem is the daily rate
paid by VA to a State for providing a
specified level of care to eligible
veterans in a facility that is officially
recognized and certified by VA. This
final rule authorizes VA to continue to
pay per diem when veterans for whom
VA is paying per diem are evacuated as
a result of an emergency from a State
home to a facility that is not recognized
by VA as a State home. The rule
requires, in order for per diem payments
to continue while the veteran is
relocated due to an emergency, that an
appropriate VA official determine
whether an emergency exists and
whether the facility to which veterans
may be evacuated (evacuation facility)
complies with certain minimum
standards. The rule establishes the
minimum standards that facilities to
which veterans are evacuated must meet
in order for States to continue receiving
per diem for relocated veterans. These
standards also apply to evacuation
facilities when veterans are evacuated
from contract nursing homes.
DATES: Effective Date: This final rule is
effective October 11, 2011. This final
rule applies to all applications for
reimbursement pending with VA or
received by VA on or after the effective
date of this rule.
FOR FURTHER INFORMATION CONTACT:
Theresa A. Hayes, MPH, RN, Office of
Patient Care Services (114), Veterans
Health Administration, Department of
Veterans Affairs, 810 Vermont Avenue,
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14:47 Sep 07, 2011
Jkt 223001
NW., Washington, DC 20420, (202) 461–
6771 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Pursuant
to 38 U.S.C. 1741–1745, VA provides
per diem payments to reimburse States
for each eligible veteran receiving
nursing home care, domiciliary care,
and adult day health care in State home
facilities that are recognized and
certified by VA. Section 1742
specifically provides that ‘‘[n]o payment
or grant may be made to any home
* * * unless such home is determined
by the Secretary to meet such standards
as the Secretary shall prescribe, which
standards with respect to nursing home
care shall be no less stringent than those
prescribed pursuant to section 1720(b)
of this title.’’ The statutes do not address
circumstances in which veterans may
need to be evacuated temporarily to
another facility due to an emergency.
VA implemented its authority to
provide per diem payments to States in,
inter alia, 38 CFR parts 17 and 51. In a
document published in the Federal
Register on March 23, 2011 (76 FR
16354), VA proposed to amend those
regulations to address VA’s authority to
continue per diem payments to a State
for a veteran during an emergency
evacuation of the veteran to a temporary
or substitute State home facility where
the State continues to provide care.
VA provided a 60-day comment
period that ended May 23, 2011. VA
received no comments. Based on the
rationale set forth in the proposed rule
and in this document, we are adopting
the proposed rule as a final rule without
change.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in an
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
given year. This final rule would have
no such effect on State, local, and tribal
governments, or on the private sector.
Paperwork Reduction Act
This final rule does not contain any
collections of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521).
Executive Order 12866
Executive order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
VA has examined the economic,
interagency, budgetary, legal, and policy
implications of this final rule and has
concluded that it does not constitute a
significant regulatory action under the
Executive Order.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
affects veterans receiving care in State
facilities and will not have a significant
economic impact on any small entities.
Accordingly, pursuant to 5 U.S.C.
605(b), this final rule is exempt from the
initial and final regulatory flexibility
analysis requirements of section 604.
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance numbers and titles are
64.009 Veterans Medical Care Benefits,
64.010 Veterans Nursing Home Care,
and 64.011 Veterans Dental Care.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on September 1, 2011, for
publication.
E:\FR\FM\08SER1.SGM
08SER1
]]>Agencies
[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55566-55570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22996]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0786]
RIN 1625-AA00
Safety Zones; Fireworks Displays and Surfing Events in Captain of
the Port Long Island Sound Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing safety zones for marine events
within the Captain of the Port (COTP) Long Island Sound Zone for a
surfing event and fireworks displays. This action is necessary to
provide for the safety of life on navigable waters during the events.
Entry into, transit through, mooring or anchoring within this zone is
prohibited unless authorized by the COTP Sector Long Island Sound.
DATES: This rule is effective in the CFR on September 8, 2011 through 5
p.m. on September 15, 2011. This rule is effective with actual notice
for purposes of enforcement beginning at 8:30 p.m. on September 1,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0786 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0786 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary
[[Page 55567]]
rule, call or e-mail Petty Officer Joseph Graun, Prevention Department,
Coast Guard Sector Long Island Sound, (203) 468-4544,
Joseph.L.Graun@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 any delay encountered in this
regulation's effective date by publishing an NPRM would be contrary to
public interest since immediate action is needed to protect both
spectators and participants from the potential safety hazards
associated with these events. We spoke to the event sponsors, and they
are unable and unwilling to move their event dates for the following
reasons.
The sponsors for Quiksilver Pro New York, Surf competition stated
delaying the event is not an option because weather conditions later in
the year will not support competition size waves. This is the first
time this event will be held on the East Coast. The sponsors were not
aware of the requirements for submitting a marine event application 135
days in advance resulting in a late notification to the Coast Guard.
The sponsors are now aware of the reporting requirements.
The sponsors for Stamford Fireworks and Village of Island Park
Labor Day Celebration Fireworks submitted a marine event application
with sufficient notice to the Coast Guard. These fireworks displays are
recurring marine events with a corresponding entry in a proposed
permanent rule for which the NPRM just closed its public comment period
(docket number USCG-2008-0384); no public comments were received. The
Coast Guard is establishing these temporary safety zones to provide for
safety of life during this year's events.
For the same reasons 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. Delaying the
effective date by first publishing a NPRM would be contrary to the
rule's objectives of ensuring safety of life on the navigable waters
during these scheduled events as immediate action is needed to protect
both spectators and participants from the potential safety hazards
associated with these events including collisions with surfers,
unexpected pyrotechnics detonation and burning debris.
Basis and Purpose
The legal basis for this temporary rule is 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; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
This temporary rule establishes safety zones for fireworks displays
and a surfing event. Marine events are frequently held on the navigable
waters within the COTP Long Island Sound Zone. Based on accidents that
have occurred in the past and the explosive hazards of fireworks, the
COTP Long Island Sound has determined that surfing events and fireworks
displays proximate to watercrafts pose significant risk to public
safety and property.
In order to protect the safety of all waterway users including
event participants and spectators, this temporary rule establishes
safety zones for the time and location of each event.
Discussion of Rule
This temporary rule establishes safety zones for two fireworks
displays and one surfing event in the COTP Long Island Sound Zone.
These events are listed below in the text of the regulation in table
format.
Because large numbers of spectator vessels are expected to
congregate around the location of these events, these regulated areas
are needed to protect both spectators and participants from the safety
hazards created by them including unexpected pyrotechnics detonation,
burning debris, and hazards inherent with surfing competitions.
This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP, or
designated representative.
The Coast Guard determined that these regulated areas will not have
a significant impact on vessel traffic due to their temporary nature,
limited size, and the fact that vessels are allowed to transit the
navigable waters outside of the regulated areas. The COTP will cause
public notifications to be made by all appropriate means including but
not limited to the Local Notice to Mariners as well as Broadcast Notice
to Mariners.
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.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, 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.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration and cover only a small portion of the navigable
waterways. Furthermore, vessels may transit the navigable waterways
outside of the regulated areas. Vessels requiring entry into the
regulated areas may be authorized to do so by the COTP or the
designated representative.
Advance public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
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 will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in the designated regulated areas during the
enforcement periods stated for each
[[Page 55568]]
event listed below in the List of Subjects.
The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, before the effective period, notifications will be
made to the local maritime community by all appropriate means including
but not limited to the Local Notice to Mariners and Broadcast Notice to
Mariners well in advance of the events.
Assistance for Small Entities
Under section 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 process.
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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause 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 involves the establishment of
safety zones. 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, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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; and Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0786 to read as follows:
[[Page 55569]]
Sec. 165.T01-0786 Safety Zones; Fireworks Displays and Surfing Events
in Captain of the Port Long Island Sound Zone
(a) Regulations.
The general regulations contained in 33 CFR 165.23 as well as the
following regulations apply to the events listed in TABLE 1 of Sec.
165.T01-0786 and TABLE 2 of Sec. 165.T01-0786.
These regulations will be enforced for the duration of each event.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Long Island Sound (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Vessel operators desiring to enter or operate within the
regulated areas should contact the COTP or the designated
representative via VHF channel 16 or by telephone at (203) 468-4404 to
obtain permission to do so.
(d) Spectators shall not anchor, block, loiter, or impede the
transit of event participants or official patrol vessels in the
regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
(e) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
(f) The regulated area for all fireworks displays listed in TABLE 1
of Sec. 165.T01-0786 is that area of navigable waters within a 1000
foot radius of the launch platform or launch site for each fireworks
display. Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background. Shore sites used in these locations will display a
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions.
(g) The regulated areas for all surfing events listed in Table 2 of
Sec. 165.T01-0786 are all navigable waters within a 100 yard radius of
surfing participants and support vessels within the location area.
Table 1 of Sec. 165.T01-0786
------------------------------------------------------------------------
------------------------------------------------------------------------
Fireworks Events
------------------------------------------------------------------------
1 Stamford Fireworks.............. Date: September 1, 2011.
Time: 8:30 p.m. to 10:30
p.m.
Location: All waters of
Stamford Harbor, Stamford, CT in
approximate position
41[deg]1'48.464'' N,
073[deg]32'15.316'' W (NAD 83).
2 Village of Island Park Labor Day Date: September 3, 2011.
Celebration Fireworks. Time: 8:30 p.m. to 10:30
p.m.
Location: Waters off
Village of Island Park Fishing
Pier, Village Beach, NY in
approximate position
40[deg]36'30.95'' N,
073[deg]39'22.23'' W (NAD 83).
------------------------------------------------------------------------
Table 2 of Sec. 165.T01-0786
------------------------------------------------------------------------
------------------------------------------------------------------------
Surfing Events
------------------------------------------------------------------------
2 Quiksilver Pro New York, Surf Effective dates: September
competition. 4-15, 2011.
Enforcement dates: 4 days
to be determined by weather.
Notification: Broad.
Time: 8 a.m. to 5 p.m.
Locations: All waters of
the Atlantic Ocean within 150 yards
of each beach listed below, Long
Beach, NY.
National Beach: Approximate
positions, beach begins
40[deg]34'58.961'' N,
073[deg]40'10.236'' W beach ends
40[deg]34'58.961'' N,
073[deg]39'59.962'' W.
Lincoln Beach: Approximate
positions, beach begins
40[deg]34'56.647'' N,
073[deg]39'18.982'' W beach ends
40[deg]34'56.647'' N,
073[deg]39'8.668'' W.
Laurelton Beach:
Approximate positions, beach begins
40[deg]34'59.344'' N,
073[deg]40'31.962'' W beach ends
40[deg]34'59.344'' N,
073[deg]40'31.789'' W.
Pacific Beach: Approximate
positions, beach begins
40[deg]34'56.733'' N,
073[deg]38'37.385'' W beach ends
40[deg]34'56.733'' N,
073[deg]38'26.491'' W.
------------------------------------------------------------------------
[[Page 55570]]
Dated: August 19, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2011-22996 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P
