Safety Zone; Newtown Creek, Queens, NY, 10762-10764 [2016-04474]

Download as PDF 10762 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations related standards for fire extinguishers. The rule was based on recommendations from the Aviation Rulemaking Advisory Committee (ARAC) and the National Transportation Safety Board (NTSB), and the changes addressed designs for which airworthiness directives (ADs) have been issued by both the FAA and the French civil aviation authority, ´ ´ Direction Generale de l’Aviation Civile (DGAC). It eliminated certain regulatory differences between the airworthiness standards of the FAA and EASA, without affecting current industry design practices. These changes ensured an acceptable level of safety for these types of cargo compartments by standardizing certain requirements and procedures. However, the rule was published with an incorrect amendment number, ‘‘25– 141,’’ which is the same amendment number as the rule entitled ‘‘Harmonization of Airworthiness Standards—Gust and Maneuver Load Requirements’’ (79 FR 73462), published on December 11, 2014. The correct amendment number for this rule should be ‘‘25–142.’’ In FR Doc. 2016–03000, beginning on page 7698 in the Federal Register of February 16, 2016, make the following correction: The Coast Guard is establishing a temporary safety zone for navigable waters of Newtown Creek between the Greenpoint Avenue Bridge (mile 1.3) and the entrance to Dutch Kills. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a sunken vessel adjacent to the Federal navigation channel. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port New York. DATES: This rule is effective without actual notice from March 2, 2016 through March 5, 2016. For the purposes of enforcement, actual notice will be used from February 3, 2016 through March 2, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2016– 0100 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Jeff Yunker, Coast Guard Sector New York Waterways Management Division, U.S. Coast Guard; telephone 718–354–4195, email jeff.m.yunker@uscg.mil. SUPPLEMENTARY INFORMATION: Correction I. Table of Abbreviations 1. On page 7698, in the third column, correct the 4th header paragraph from ‘‘[Docket No.: FAA–2014–0001; Amdt. No. 25–141]’’ to read as ‘‘[Docket No.: FAA–2014–0001; Amdt. No. 25–142]’’. CFR Code of Federal Regulations COTP Captain of the Port New York DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section U.S.C. United States Code Correction Issued under authority provided by 49 U.S.C. 106(f) in Washington, DC, on February 24, 2016. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2016–04508 Filed 3–1–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard asabaliauskas on DSK3SPTVN1PROD with RULES 33 CFR Part 165 [Docket Number USCG–2016–0100] RIN 1625–AA00 Safety Zone; Newtown Creek, Queens, NY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: VerDate Sep<11>2014 17:00 Mar 01, 2016 Jkt 238001 SUMMARY: II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 a vessel sank adjacent to the Federal navigation channel at the Sims Hugo Neu facility on Newtown Creek and immediate action is needed to respond to the potential safety hazards associated with PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 removing cargo from the vessel and refloating the vessel. It is impracticable to publish an NPRM because we must establish this safety zone by February 3, 2016. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is needed to respond to the potential safety hazards associated with removing cargo from the vessel and refloating the vessel. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP has determined that potential hazards associated with refloating a sunken barge adjacent to the Federal navigation channel starting February 4, 2016 will be a safety concern for anyone between the Greenpoint Avenue Bridge (mile 1.3) and the confluence of Newtown Creek and Dutch Kills during this process. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while cargo is removed from the vessel and the vessel is refloated. Therefore, this rule will remain in effect for the time stated herein but will be cancelled if response activities are finished cease before March 5, 2016. The preliminary estimate for completion of the cargo removal and refloating the vessel is February 6, 2016. This TFR provides for an extended enforcement period in case of unforeseen circumstances that prevent the contractors from completing the work within their initial estimated timeline. IV. Discussion of the Rule This rule establishes a safety zone from 7 a.m. on Wednesday, February 3, 2016 through 11:59 p.m. on Saturday, March 5, 2016. The safety zone will cover all navigable waters between the Greenpoint Avenue Bridge (mile 1.3) and the confluence of Newtown Creek and Dutch Kills. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the vessel is being refloated. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive order related to rulemaking. E:\FR\FM\02MRR1.SGM 02MRR1 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. asabaliauskas on DSK3SPTVN1PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit through this safety zone which will impact a small designated area of Newtown Creek in Queens, NY after making passing arrangements with the work vessels while cargo is being removed from the sunken barge during daylight hours on February 3, 2016. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF– FM marine channel 16 about the zone and the rule allows vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 VerDate Sep<11>2014 17:00 Mar 01, 2016 Jkt 238001 jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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. C. 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). D. Federalism and Indian Tribal Governments 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 have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 10763 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. F. 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 (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 a safety zone lasting less than 31 days that will prohibit entry between the Greenpoint Avenue Bridge (mile 1.3) and the entrance to Dutch Kills on Newtown Creek being used by personnel to remove cargo from a sunken vessel and to refloat the vessel. 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 will be in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. 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. 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: 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. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; E:\FR\FM\02MRR1.SGM 02MRR1 10764 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0100 to read as follows: ■ § 165.T01–0100 Safety Zone: Newtown Creek, Queens, NY (a) Location. The following area is a temporary safety zone: All U.S. navigable waters of Newtown Creek between the Greenpoint Avenue Bridge (mile 1.3) and the entrance to Dutch Kills (b) Enforcement period. The safety zone described in paragraph (a) of this section will be enforced from February 3, 2016 until March 5, 2016, unless terminated sooner by the COTP. (c) Regulations. (1) In accordance with the general regulations in 33 CFR 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the COTP or a designated on scene representative. (3) A ‘‘on-scene representative’’ of the COTP is any Coast Guard commissioned, warrant or petty officer or a Federal, State or local law enforcement officer designated by or assisting the COTP to act on his behalf. (4) Vessel operators must contact the COTP via the Command Center to obtain permission to enter or operate within the safety zone. The COTP may be contacted via VHF Channel 16 or at (718) 354–4353. Vessel operators given permission to enter or operate within the safety zone must comply with all directions given to them by the COTP, via the Command Center or an on-scene representative. Dated: Februrary 3, 2016. M.H. Day, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2016–04474 Filed 3–1–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AP21 Vet Centers Department of Veterans Affairs. Final rule. asabaliauskas on DSK3SPTVN1PROD with RULES AGENCY: ACTION: The Department of Veterans Affairs (VA) adopts as final an interim final rule that amends its medical regulation that governs Vet Center services. The National Defense Authorization Act for Fiscal Year 2013 (the 2013 Act) requires Vet Centers to SUMMARY: VerDate Sep<11>2014 17:00 Mar 01, 2016 Jkt 238001 provide readjustment counseling services to broader groups of veterans, members of the Armed Forces, including a member of a reserve component of the Armed Forces, and family members of such veterans and members. This final rule adopts as final the regulatory criteria to conform to the 2013 Act, to include new and revised definitions. DATES: Effective date: March 2, 2016. FOR FURTHER INFORMATION CONTACT: Michael Fisher, Readjustment Counseling Service (10RCS), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; (202) 461– 6525. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: On August 4, 2015, VA published in the Federal Register an interim final rule that implemented the National Defense Authorization Act for Fiscal Year 2013, Public Law 112–239 (Jan. 2, 2013) (the 2013 Act). 80 FR 46197. VA invited interested persons to submit comments on the interim final rule on or before October 5, 2015, and we received one comment. The commenter questioned why the rulemaking is including individuals who remotely control unmanned aerial vehicles as individuals who are entitled to receive readjustment counseling services and how has VA and the Department of Defense assessed the need for such services for this group of individuals. The requirement to provide readjustment counseling to individuals who remotely control unmanned aerial vehicles is mandated by Public Law 112–239, which is implemented by this rulemaking. We do not make any changes based on this comment. Finally, we make a technical edit to paragraphs (b) and (e) to ensure that these provisions are easier to understand. As amended in the interim final rule, the first sentence of the introductory paragraph to paragraph (b) read ‘‘With the veteran’s or member’s of the Armed Forces, including a member of a reserve component of the Armed Forces, consent, VA will assist in obtaining proof of eligibility.’’ We determined that this amendatory language was grammatically incorrect. We are now amending this sentence to read ‘‘With the consent of the veteran or member of the Armed Forces, including a member of a reserve component of the Armed Forces, VA will assist in obtaining proof of eligibility.’’ The first sentence of paragraph (e) was similarly incorrect and read ‘‘Benefits under this section are furnished solely by VA Vet Centers, which maintain confidential records independent from any other VA PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 or Department of Defense medical records and which will not disclose such records without either the veteran’s or member’s of the Armed Forces, including a member of a reserve component of the Armed Forces, voluntary, signed authorization, or a specific exception permitting their release.’’ This sentence now reads ‘‘Benefits under this section are furnished solely by VA Vet Centers, which maintain confidential records independent from any other VA or Department of Defense medical records and which will not disclose such records without the voluntary signed authorization of the veteran or member of the Armed Forces (including a member of a reserve component of the Armed Forces), or where a specific exception permits disclosure.’’ Based on the rationale set forth in the interim final rule and in this document, VA is adopting the provisions of the interim final rule as a final rule making only technical edits. Administrative Procedure Act In accordance with U.S.C. 553(b)(B) and (d)(3), the Secretary of Veterans Affairs concluded that there was good cause to publish this rule without prior opportunity for public comment and to publish this rule with an immediate effective date. This final rule incorporates a specific program requirement mandated by Congress in Public Law 112–239. The Secretary finds that it is impracticable and contrary to the public interest to delay this rule for the purpose of soliciting advance public comment or to have a delayed effective date. This rule will increase the pool of individuals who are eligible to receive mental health care at Vet Centers. This rule will also increase access to much needed mental health care services in Vet Centers. For the above reason, the Secretary, through this rulemaking, adopts as final an interim final rule in which we provided prior notice and opportunity for the public to comment. Effect of Rulemaking Title 38 of the Code of Federal Regulations, as revised by this final rulemaking, represents VA’s implementation of its legal authority on this subject. Other than future amendments to this regulation or governing statutes, no contrary guidance or procedures are authorized. All existing or subsequent VA guidance must be read to conform with this rulemaking if possible or, if not possible, such guidance is superseded by this rulemaking. E:\FR\FM\02MRR1.SGM 02MRR1

Agencies

[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Rules and Regulations]
[Pages 10762-10764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04474]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0100]
RIN 1625-AA00


Safety Zone; Newtown Creek, Queens, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Newtown Creek between the Greenpoint Avenue Bridge 
(mile 1.3) and the entrance to Dutch Kills. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by a sunken vessel adjacent to the Federal 
navigation channel. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
New York.

DATES: This rule is effective without actual notice from March 2, 2016 
through March 5, 2016. For the purposes of enforcement, actual notice 
will be used from February 3, 2016 through March 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0100 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Jeff Yunker, Coast Guard Sector New York Waterways 
Management Division, U.S. Coast Guard; telephone 718-354-4195, email 
jeff.m.yunker@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 a vessel sank adjacent to the Federal 
navigation channel at the Sims Hugo Neu facility on Newtown Creek and 
immediate action is needed to respond to the potential safety hazards 
associated with removing cargo from the vessel and refloating the 
vessel. It is impracticable to publish an NPRM because we must 
establish this safety zone by February 3, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to respond to the potential safety hazards 
associated with removing cargo from the vessel and refloating the 
vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
refloating a sunken barge adjacent to the Federal navigation channel 
starting February 4, 2016 will be a safety concern for anyone between 
the Greenpoint Avenue Bridge (mile 1.3) and the confluence of Newtown 
Creek and Dutch Kills during this process. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while cargo is removed from the vessel 
and the vessel is refloated. Therefore, this rule will remain in effect 
for the time stated herein but will be cancelled if response activities 
are finished cease before March 5, 2016. The preliminary estimate for 
completion of the cargo removal and refloating the vessel is February 
6, 2016. This TFR provides for an extended enforcement period in case 
of unforeseen circumstances that prevent the contractors from 
completing the work within their initial estimated timeline.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on Wednesday, 
February 3, 2016 through 11:59 p.m. on Saturday, March 5, 2016. The 
safety zone will cover all navigable waters between the Greenpoint 
Avenue Bridge (mile 1.3) and the confluence of Newtown Creek and Dutch 
Kills. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters while the 
vessel is being refloated. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking.

[[Page 10763]]

Below we summarize our analyses based on a number of these statutes and 
Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit through this safety zone which will 
impact a small designated area of Newtown Creek in Queens, NY after 
making passing arrangements with the work vessels while cargo is being 
removed from the sunken barge during daylight hours on February 3, 
2016. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone and the rule allows vessels 
to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 a safety zone lasting less than 31 days that will 
prohibit entry between the Greenpoint Avenue Bridge (mile 1.3) and the 
entrance to Dutch Kills on Newtown Creek being used by personnel to 
remove cargo from a sunken vessel and to refloat the vessel. 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 will be in the docket where indicated under ADDRESSES. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

G. 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.

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:

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5;

[[Page 10764]]

Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0100 to read as follows:


Sec.  165.T01-0100  Safety Zone: Newtown Creek, Queens, NY

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of Newtown Creek between the Greenpoint Avenue 
Bridge (mile 1.3) and the entrance to Dutch Kills
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from February 3, 2016 until March 5, 
2016, unless terminated sooner by the COTP.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR 165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated on 
scene representative.
    (3) A ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State or local law 
enforcement officer designated by or assisting the COTP to act on his 
behalf.
    (4) Vessel operators must contact the COTP via the Command Center 
to obtain permission to enter or operate within the safety zone. The 
COTP may be contacted via VHF Channel 16 or at (718) 354-4353. Vessel 
operators given permission to enter or operate within the safety zone 
must comply with all directions given to them by the COTP, via the 
Command Center or an on-scene representative.

    Dated: Februrary 3, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-04474 Filed 3-1-16; 8:45 am]
 BILLING CODE 9110-04-P
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