Safety Zone; Kentucky Air National Guard Vessel for Parachute Rescue Jumpmaster Training, Lake Erie, Dunkirk, NY, 42452-42455 [2013-16957]
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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations
safely control vessel movements in the
vicinity of the race and provide for the
safety of the general boating public and
commercial shipping. During this
period, no person or vessel may enter
the regulated area without the
permission of the Coast Guard Patrol
Commander (PATCOM).
DATES: The regulations in 33 CFR
100.902 will be enforced from 9 a.m.
until 5 p.m. on July 20, 2013.
FOR FURTHER INFORMATION CONTACT: CDR
Nathan A. Podoll, Auxiliary and Boating
Safety Branch, Ninth Coast Guard
District, 1240 East 9th Street Cleveland,
OH at (216) 902–6148.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation for the annual Bayview
Mackinac Race from 9 a.m. until 5 p.m.
on July 20, 2013. The Special Local
Regulations apply to all U.S. navigable
waters of the Black River, St. Clair
River, and lower Lake Huron, bound by
a line starting at latitude 042[deg]58′47′′
N, longitude 082[deg]26′0′′ W; then
easterly to latitude 042[deg]58′24′′ N,
longitude 082[deg]24′47′′ W; then
northward along the International
Boundary to latitude 043[deg]2′48′′ N,
longitude 082[deg]23′47′′ W; then
westerly to the shoreline at approximate
location latitude 043[deg]2′48′′ N,
longitude 082[deg]26′48′′ W; then
southward along the U.S. shoreline to
latitude 042[deg]58′54′′ N, longitude
082[deg]26′1′′ W; then back to the
beginning [DATUM: NAD 83].
In order to ensure the safety of
spectators and participating vessels, the
special local regulation will be in effect
for the duration of the event. The Coast
Guard will patrol the race area under
the direction of a designated Coast
Guard Patrol Commander (PATCOM).
Vessels desiring to transit the regulated
area may do so only with prior approval
of the PATCOM and when so directed
by that officer. The PATCOM may be
contacted on Channel 16 (156.8 MHZ)
by the call sign ‘‘Coast Guard Patrol
Commander.’’ Vessels, permitted to
transit the regulated area, will be
operated at no wake speed and in a
manner which will not endanger
participants in the event or any other
craft.
In the event this special local
regulation affects shipping, commercial
vessels may request permission from the
PATCOM to transit the area of the event
by hailing call sign ‘‘Coast Guard Patrol
Commander’’ on Channel 16 (156.8
MHZ).
This notice is issued under the
authority of 33 CFR 100.902 and 5
U.S.C. 552(a). If the District
Commander, Captain of the Port or
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PATCOM determines that the regulated
area need not be enforced for the full
duration stated in this notice, he or she
may use a Broadcast Notice to Mariners
to grant general permission to enter the
regulated area.
Dated: June 21, 2013.
Michael N. Parks,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2013–16956 Filed 7–15–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0570]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule governing the ‘‘I’’ Street
Drawbridge across the Sacramento
River, mile 59.4 at Sacramento, CA. The
deviation is necessary to allow the
bridge owner to make bridge repairs.
This deviation allows the bridge to
remain in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective from
6 a.m. on August 17, 2013 to 4 p.m. on
August 18, 2013.
ADDRESSES: The docket for this
deviation, [USCG–2013–0570], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUMMARY:
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Union
Pacific Railroad Company has requested
a temporary change to the operation of
the ‘‘I’’ Street Drawbridge, mile 59.4,
over Sacramento River, at Sacramento,
CA. The drawbridge navigation span
provides 109 feet vertical clearance
above Mean High Water in the full
open-to-navigation position, and 30 feet
vertical clearance above Mean High
Water when closed. The draw opens on
signal from May 1 through October 31
from 6 a.m. to 10 p.m. and from
November 1 through April 30 from 9
a.m. to 5 p.m. At all other times the
draw shall open on signal if at least four
hours notice is given, as required by 33
CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position 6 a.m. to 4
p.m. on August 17 and 18, 2013, to
allow the bridge owner in conjunction
with the cities of Sacramento and West
Sacramento to repair the pedestrian
sidewalks of the drawbridge. The
drawspan cannot be operated for
emergency openings. This temporary
deviation has been coordinated with the
waterway users. No objections to the
proposed temporary deviation were
raised.
No alternative route is available for
mariners. Vessels that can transit the
bridge, while in the closed-to-navigation
position, may continue to do so at any
time.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: July 3, 2013.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2013–16958 Filed 7–15–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0584]
RIN 1625–AA00
Safety Zone; Kentucky Air National
Guard Vessel for Parachute Rescue
Jumpmaster Training, Lake Erie,
Dunkirk, NY
AGENCY:
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Coast Guard, DHS.
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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations
ACTION:
Temporary final rule.
A. Regulatory History and Information
The Coast Guard is
establishing a temporary moving safety
zone around a training vessel on Lake
Erie near Dunkirk, NY. This moving
safety zone is intended to restrict
vessels from a portion of Lake Erie
while the Kentucky Air National Guard
conducts parachute rescue jumpmaster
training. This temporary safety zone is
necessary to protect the Kentucky Air
National Guard participants as well as
mariners and vessels from the
navigational and safety hazards
associated with the airborne
deployment of U.S. military personnel
and their associated equipment. These
hazards include parachutes and rigging
equipment for the parachute rescue
personnel, deployment of rafts,
potential of falling debris, and the use
of distress signals of flares, smoke, and
water dye during the training
operations.
SUMMARY:
This rule is effective from 11:30
a.m. on July 22, 2013, and 2:30 p.m. on
July 27, 2013, and will be enforced
intermittently. A Coast Guard vessel
will accompany the training vessel
during all periods of enforcement.
DATES:
Documents mentioned in
this preamble are part of docket [USCG–
2013–0584]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
ADDRESSES:
If
you have questions on this rule, call or
email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9573, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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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 doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
mariners, recreational boaters and U.S.
military personnel deploying into Lake
Erie from the hazards associated with
airborne deployment and insertion into
Lake Erie. These hazards are discussed
further below.
Under 5 U.S.C. 553(d)(3), The Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
Between 11:30 a.m. on July 22, 2013,
until 2:30 p.m. on July 27, 2013 a
training operation will be taking place
on Lake Erie north of Dunkirk, NY. The
Captain of the Port Buffalo has
determined that airborne deployment of
parachute rescue trainees may pose a
significant risk to public safety and
property. Such hazards include
parachutes and rigging equipment for
the parachute rescue personnel,
deployment of rafts, potential of falling
debris, and the use of distress signals of
flares, smoke, and water dye during the
training operations.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of U.S. military personnel,
transient watercraft and potential
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spectator vessels during the 2013
Kentucky Air National Guard Parachute
Rescue Jumpmaster Training. This zone
will be effective between 11:30 a.m. on
July 22, 2013, and 2:30 p.m. on July 27,
2013, and enforced intermittently.
During periods of enforcement, a Coast
Guard vessel will be present, indicating
that the safety zone is being enforced.
Additionally, Broadcast Notices to
Mariners will be made via radio prior to
all jump evolutions. This moving safety
zone will encompass all waters of Lake
Erie, Dunkirk, NY within a 1000 yard
radius of the target vessel, starting in
position 42°31’34″ N and 079°19’46″ W
(NAD 83), and drifting with the
elements throughout the training
evolution.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
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, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
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2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. 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 might be small entities: the
owners or operators of vessels intending
to transit or anchor in a portion of Lake
Erie between varying hours starting July
22 until 27 July, 2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: this safety zone
would be activated, and thus subject to
enforcement, for only a few hours at a
time during any 24 hour period. The
majority of the training exercises will be
conducted during the regular business
week during normal daylight business
hours or late in the evening greatly
reducing the likelihood of affecting
transient recreational vessels.
Additionally, the starting drift point is
3 miles offshore with a zone of 1000
yards (approximately one half nautical
mile) in all directions, allowing ample
room for transient vessels to pass by
without being negatively impacted.
Traffic may be allowed to pass through
the zone with the permission of the
Captain of the Port before and after the
completion of each evolution. The
Captain of the Port can be reached via
VHF channel 16. Before the activation of
the zone, the Coast Guard intends to
issue local Broadcast Notices to
Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
Small businesses may send comments
on the actions of Federal employees
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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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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.
8. 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.
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9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES.
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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: July 2, 2013.
J. S. Imahori,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 2013–16957 Filed 7–15–13; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 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.
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO77
2. Add § 165.T09–0584 to read as
follows:
Medications Prescribed by Non-VA
Providers
§ 165.T09–0163 Safety Zone; Rescue
Jumpmaster Training, Lake Erie, Dunkirk,
NY.
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■
AGENCY:
(a) Location. This zone will
encompass all waters of Lake Erie,
Dunkirk, NY within a 1000 yard radius
of a drifting training vessel, beginning at
position 42°31’34″ N and 079°19’46″ W
(NAD 83) and moving with the vessel.
(b) Effective and Enforcement Period.
This regulation is effective between
11:30 a.m. on July 22, 2013, and 2:30
p.m. on July 27, 2013, and will be
enforced at various times throughout the
day and night. A Coast Guard vessel
will accompany the training vessel
during periods of enforcement.
Broadcast Notices to Mariners notifying
the public will be made via radio prior
to all jump evolutions.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo 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
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
SUMMARY:
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ACTION:
Department of Veterans Affairs.
Final rule.
The Department of Veterans
Affairs (VA) is amending its regulation
concerning filling prescriptions written
by non-VA providers for veterans of a
period of war who are receiving
increased pension because they are
permanently housebound or in need of
aid and attendance. This rulemaking
revises the regulation to reflect the
current statutory periods of war to
ensure that eligible veterans engaged in
current and future conflicts receive
medications prescribed by non-VA
physicians when appropriate for their
care.
Effective Date: This final rule is
effective July 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Kristin Cunningham, Director, Business
Policy, Chief Business Office (10NB),
Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420; (202) 461–1599. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: Under 38
U.S.C. 1712(d), VA is required to
furnish prescription drugs and medicine
ordered by a duly licensed physician to
a veteran as a specific therapy in the
treatment of any illness or injury
suffered by a veteran who is receiving
increased compensation under 38 U.S.C.
chapter 11 or increased pension as a
veteran of a period of war, by reason of
being permanently housebound or in
need of regular aid and attendance. VA
implemented this authority in 38 CFR
17.96(a)(1), which authorizes VA
pharmacies (or non-VA pharmacies in
State homes under contract with VA for
filling prescriptions for patients in State
DATES:
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42455
homes) to fill prescriptions ordered by
duly licensed providers not employed
by VA for the cohort of veterans
described in the statute. In order to
assist in identifying wartime veterans in
receipt of increased pension, the
language of § 17.96(a)(1) listed those
periods of war recognized at the time of
its publication, which were the Mexican
Border Period, World War I, World War
II, the Korean Conflict, or the Vietnam
Era. In contrast, the statutory authority
for this regulation, 38 U.S.C. 1712(d),
refers only to ‘‘a veteran of a period of
war,’’ without setting forth specific
periods by name. Since this regulation
was published, the United States has
become engaged in additional conflicts.
Because VA does not intend to deny
these prescription services to veterans of
later periods of war and has not done so,
we are revising this regulation.
‘‘Period of war’’ is defined in 38
U.S.C. 101(11) to mean ‘‘the SpanishAmerican War, the Mexican border
period, World War I, World War II, the
Korean conflict, the Vietnam era, the
Persian Gulf War, and the period
beginning on the date of any future
declaration of war by the Congress and
ending on the date prescribed by
Presidential proclamation or concurrent
resolution of the Congress.’’ In order to
ensure that our regulation comports
with the statutory mandate that VA fill
prescriptions for all increased pension
recipients who are veterans of a period
of war, including current and future
periods of war, we are revising
§ 17.96(a)(1) to cross-reference the
statute, rather than list each period of
war. We are also revising the authority
citation at the end of § 17.96. We are not
making any other changes to the text in
§ 17.96.
Administrative Procedure Act
The Secretary of Veterans Affairs
(Secretary) finds good cause under the
provisions of 5 U.S.C. 553(b)(B) to
publish this rule without prior
opportunity for public comment. This
amendment merely revises VA’s
regulation to comply with a statutory
mandate that VA provide medications
prescribed by non-VA providers to
increased pension recipients who are
veterans who served in wars after
Vietnam under the same conditions as
those who served in earlier periods of
war. Therefore, a prior opportunity for
notice and comment is unnecessary.
Additionally, for the reason previously
stated, the Secretary finds good cause to
dispense with the delayed-effective-date
requirement of 5 U.S.C. 553(d).
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42452-42455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16957]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0584]
RIN 1625-AA00
Safety Zone; Kentucky Air National Guard Vessel for Parachute
Rescue Jumpmaster Training, Lake Erie, Dunkirk, NY
AGENCY: Coast Guard, DHS.
[[Page 42453]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around a training vessel on Lake Erie near Dunkirk, NY. This moving
safety zone is intended to restrict vessels from a portion of Lake Erie
while the Kentucky Air National Guard conducts parachute rescue
jumpmaster training. This temporary safety zone is necessary to protect
the Kentucky Air National Guard participants as well as mariners and
vessels from the navigational and safety hazards associated with the
airborne deployment of U.S. military personnel and their associated
equipment. These hazards include parachutes and rigging equipment for
the parachute rescue personnel, deployment of rafts, potential of
falling debris, and the use of distress signals of flares, smoke, and
water dye during the training operations.
DATES: This rule is effective from 11:30 a.m. on July 22, 2013, and
2:30 p.m. on July 27, 2013, and will be enforced intermittently. A
Coast Guard vessel will accompany the training vessel during all
periods of enforcement.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0584]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christopher Mercurio, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo; telephone 716-843-9573, email
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and 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 doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect mariners,
recreational boaters and U.S. military personnel deploying into Lake
Erie from the hazards associated with airborne deployment and insertion
into Lake Erie. These hazards are discussed further below.
Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
Between 11:30 a.m. on July 22, 2013, until 2:30 p.m. on July 27,
2013 a training operation will be taking place on Lake Erie north of
Dunkirk, NY. The Captain of the Port Buffalo has determined that
airborne deployment of parachute rescue trainees may pose a significant
risk to public safety and property. Such hazards include parachutes and
rigging equipment for the parachute rescue personnel, deployment of
rafts, potential of falling debris, and the use of distress signals of
flares, smoke, and water dye during the training operations.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of U.S. military personnel, transient watercraft and
potential spectator vessels during the 2013 Kentucky Air National Guard
Parachute Rescue Jumpmaster Training. This zone will be effective
between 11:30 a.m. on July 22, 2013, and 2:30 p.m. on July 27, 2013,
and enforced intermittently. During periods of enforcement, a Coast
Guard vessel will be present, indicating that the safety zone is being
enforced. Additionally, Broadcast Notices to Mariners will be made via
radio prior to all jump evolutions. This moving safety zone will
encompass all waters of Lake Erie, Dunkirk, NY within a 1000 yard
radius of the target vessel, starting in position 42[deg]31'34'' N and
079[deg]19'46'' W (NAD 83), and drifting with the elements throughout
the training evolution.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within
[[Page 42454]]
that particular area are expected to be minimal. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. 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 might be small entities: the owners or operators of
vessels intending to transit or anchor in a portion of Lake Erie
between varying hours starting July 22 until 27 July, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
safety zone would be activated, and thus subject to enforcement, for
only a few hours at a time during any 24 hour period. The majority of
the training exercises will be conducted during the regular business
week during normal daylight business hours or late in the evening
greatly reducing the likelihood of affecting transient recreational
vessels. Additionally, the starting drift point is 3 miles offshore
with a zone of 1000 yards (approximately one half nautical mile) in all
directions, allowing ample room for transient vessels to pass by
without being negatively impacted. Traffic may be allowed to pass
through the zone with the permission of the Captain of the Port before
and after the completion of each evolution. The Captain of the Port can
be reached via VHF channel 16. Before the activation of the zone, the
Coast Guard intends to issue local Broadcast Notices to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.
[[Page 42455]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 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.T09-0584 to read as follows:
Sec. 165.T09-0163 Safety Zone; Rescue Jumpmaster Training, Lake Erie,
Dunkirk, NY.
(a) Location. This zone will encompass all waters of Lake Erie,
Dunkirk, NY within a 1000 yard radius of a drifting training vessel,
beginning at position 42[deg]31'34'' N and 079[deg]19'46'' W (NAD 83)
and moving with the vessel.
(b) Effective and Enforcement Period. This regulation is effective
between 11:30 a.m. on July 22, 2013, and 2:30 p.m. on July 27, 2013,
and will be enforced at various times throughout the day and night. A
Coast Guard vessel will accompany the training vessel during periods of
enforcement. Broadcast Notices to Mariners notifying the public will be
made via radio prior to all jump evolutions.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Buffalo 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 Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. 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 Buffalo, or his on-scene representative.
Dated: July 2, 2013.
J. S. Imahori,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2013-16957 Filed 7-15-13; 8:45 am]
BILLING CODE 9110-04-P
