Safety Zone; Hudson River, Tarrytown, NY, 19041-19043 [2016-07657]
Download as PDF
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
for vessels unable to pass through the
bridge in the closed position. The Coast
Guard will also inform waterway users
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
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.
Dated: March 23, 2016.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2016–07660 Filed 4–1–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0225]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
ACTION: Notice of deviation from
drawbridge regulation.
AGENCY:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the Pony
Express Marathon. This deviation
allows the bridge to remain in the
closed-to-navigation position during the
deviation period.
DATES: This deviation is effective from
6:30 a.m. to 11 a.m. on May 1, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0225] is
available at https://www.regulations.gov.
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.
SUPPLEMENTARY INFORMATION: California
Department of Transportation has
requested a temporary change to the
operation of the Tower Drawbridge,
mile 59.0, over Sacramento River, at
Sacramento, CA. The vertical lift bridge
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:02 Apr 01, 2016
Jkt 238001
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw operates 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 from 6:30
a.m. to 11 a.m. on May 1, 2016, to allow
the community to participate in the
Pony Express Marathon. This temporary
deviation has been coordinated with the
waterway users. No objections to the
proposed temporary deviation were
raised.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
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.
Dated: March 23, 2016.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2016–07656 Filed 4–1–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0226]
RIN 1625–AA00
Safety Zone; Hudson River, Tarrytown,
NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone for navigable waters of the Hudson
River, in the vicinity of the Tappan Zee
Bridge around a 100-yard radius of
DECK BARGE WITTE 1406. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by
salvage operations on the sunken vessel
SUMMARY:
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Fmt 4700
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19041
TUG SPECIALIST. 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 April 4, 2016 through
May 17, 2016. For the purposes of
enforcement, actual notice will be used
from March 17, 2016 through April 4,
2016.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0226 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 MST1 Kristina Pundt, Waterways
Management Division, U.S. Coast
Guard; telephone 718–354–4352, email
Kristina.H.Pundt@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
immediate action is needed to respond
to the potential safety hazards
associated with the salvage operations
of TUG SPECIALIST that sank in the
Hudson River on March 12, 2016.
Delaying the effective date of this rule
would be contrary to the public interest
of ensuring the safety of salvage
workers, DECK BARGE WITTE 1406,
other vessels, and mariners from the
hazards associated with the salvage of
TUG SPECIALIST.
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
E:\FR\FM\04APR1.SGM
04APR1
19042
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
publication in the Federal Register for
the same reasons as discussed above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port New York (COTP)
has determined that potential hazards
associated with emergency salvage
operations starting March 17, 2016, will
be a safety concern for anyone within a
100-yard radius of DECK BARGE WITTE
1406. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while DECK
BARGE WITTE 1406 conducts salvage
operations on the sunken vessel.
IV. Discussion of the Rule
This rule establishes a safety zone
from March 17, 2016 through May 17,
2016. The safety zone will cover all
navigable waters within 100 yards of
DECK BARGE WITTE 1406 to salvage
the sunken tug vessel. The duration of
the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
while salvage operations are conducted.
No vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
mstockstill on DSK4VPTVN1PROD with RULES
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive order related to rulemaking.
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 around this safety zone which
will impact a small designated area of
the Hudson River in the vicinity of the
Tappan Zee Bridge for 60 days and
VerDate Sep<11>2014
17:02 Apr 01, 2016
Jkt 238001
during a time of year when vessel traffic
is normally low. 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).
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Frm 00022
Fmt 4700
Sfmt 4700
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 approximately 62
that will prohibit entry within 100 yards
of DECK BARGE WITTE 1406 being
used by personnel to salvage the sunken
tug vessel. It is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
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04APR1
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination will be available 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.
York Command Center). Those in the
safety zone must comply with all lawful
orders or directions given to them by the
COTP or the COTP’s designated
representative.
(d) Enforcement period. This section
will be enforced from March 17, 2016
through May 17, 2016, unless
terminated sooner by the COTP.
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.
Dated: March 17, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
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:
45 CFR Part 75
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;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0226 to read as
follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 165.T01–0226 Safety Zone; Salvage of
TUG SPECIALIST, Hudson River, Tarrytown,
NY.
(a) Location. The following area is a
safety zone: All navigable waters within
100 yards of DECK BARGE WITTE 1406
while it is in the Hudson River.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port New York (COTP) in the
enforcement of the security zone.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF channel 16 or by
phone at (718) 354–4353 (Sector New
17:02 Apr 01, 2016
Jkt 238001
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
RIN 0991–ZA46
PART 165–REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
[FR Doc. 2016–07657 Filed 4–1–16; 8:45 am]
Federal Awarding Agency Regulatory
Implementation of Office of
Management and Budget’s Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards; Correction and
Technical Amendments
Department of Health and
Human Services.
ACTION: Interim final rule; correction
and technical amendments.
AGENCY:
The Department of Health and
Human Services published a document
containing technical amendments in the
Federal Register on January 20, 2016,
revising the Uniform Administrative
Requirements, Cost Principles and
Audit Requirements for HHS Awards.
That document inadvertently failed to
update the following: A provision in
Appendix II; an improper citation; a
recent OMB change; and a grammatical
error. This document makes correcting
amendments to correct these sections.
DATES: Effective on April 4, 2016.
FOR FURTHER INFORMATION CONTACT:
Audrey E. Clarke, Ph.D., Division of
Grants, Office of Grants and Acquisition
Policy and Accountability, Office of the
Assistant Secretary for Financial
Resources, U.S. Department of Health
and Human Services, email:
Audrey.Clarke@hhs.gov.
SUPPLEMENTARY INFORMATION: HHS is
correcting its regulations in line with FR
Doc. 2014–28697, published on
December 19, 2014 (79 FR 75871),
entitled ‘‘Federal Awarding Agency
Regulatory Implementation of Office of
Management and Budget’s Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards’’, the ‘‘Guidance for
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
19043
Reporting and Use of Information
Concerning Recipient Integrity and
Performance’’ to 2 CFR part 200,
published on July 22, 2015 (80 FR
43301), and ‘‘Universal Identifier and
System of Award Management;
Corrections’’, published on September
10, 2015 (80 FR 54407), made by the
Office of Management and Budget
(OMB). HHS adopts the correcting
amendments made by OMB. HHS is also
making amendments to address citation
or grammatical inconsistencies, to
amend incomplete statements in the
regulation, and to update existing HHS
regulations to incorporate 45 CFR part
75. The correcting amendments will go
into effect at the time of publication.
This is the second set of corrections.
The first set of corrections was
published in the Federal Register on
January 20, 2016 (81 FR 3004). This
document augments the corrections
which were published in the Federal
Register on January 20, 2016 (81 FR
3004). This document includes a
corresponding change made by OMB to
2 CFR 200 on November 9, 2015 (80 FR
69111) that was omitted from the first
set of corrections. This document also
removes instruction 197c on page 3018
in the Federal Register on January 20,
2016 (81 FR 3004), which as published
attempted to amend the wrong appendix
in 45 CFR part 75. Because that
instruction cited the wrong appendix,
that amendment could not be
incorporated into the CFR.
Correction
In the Federal Register issue of
January 20, 2016 (81 FR 3004), make the
following correction:
On page 3018, in the third column,
remove amendatory instruction 197c.
List of Subjects in 45 CFR Part 75
Accounting, Auditing, Administrative
practice and procedure, Colleges and
universities, Cost principles, Grant
programs, Grant programs-health,
Grants administration, Hospitals,
Indians, Nonprofit organizations,
Reporting and recordkeeping
requirements, and State and local
governments.
Accordingly, HHS makes the
following technical amendments to 45
CFR part 75:
PART 75—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR HHS
AWARDS
1. The authority citation for part 75
continues to read as follows:
■
Authority: 5 U.S.C. 301.
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04APR1
Agencies
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19041-19043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07657]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0226]
RIN 1625-AA00
Safety Zone; Hudson River, Tarrytown, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for navigable waters of the Hudson River, in the vicinity of the Tappan
Zee Bridge around a 100-yard radius of DECK BARGE WITTE 1406. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by salvage operations on the
sunken vessel TUG SPECIALIST. 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 April 4, 2016
through May 17, 2016. For the purposes of enforcement, actual notice
will be used from March 17, 2016 through April 4, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0226 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 MST1 Kristina Pundt, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4352, email Kristina.H.Pundt@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 immediate action is needed to respond
to the potential safety hazards associated with the salvage operations
of TUG SPECIALIST that sank in the Hudson River on March 12, 2016.
Delaying the effective date of this rule would be contrary to the
public interest of ensuring the safety of salvage workers, DECK BARGE
WITTE 1406, other vessels, and mariners from the hazards associated
with the salvage of TUG SPECIALIST.
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
[[Page 19042]]
publication in the Federal Register for the same reasons as discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port New York (COTP) has determined that
potential hazards associated with emergency salvage operations starting
March 17, 2016, will be a safety concern for anyone within a 100-yard
radius of DECK BARGE WITTE 1406. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while DECK BARGE WITTE 1406 conducts salvage
operations on the sunken vessel.
IV. Discussion of the Rule
This rule establishes a safety zone from March 17, 2016 through May
17, 2016. The safety zone will cover all navigable waters within 100
yards of DECK BARGE WITTE 1406 to salvage the sunken tug vessel. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while salvage operations
are conducted. 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. 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 around this safety zone which will
impact a small designated area of the Hudson River in the vicinity of
the Tappan Zee Bridge for 60 days and during a time of year when vessel
traffic is normally low. 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 approximately 62 that will
prohibit entry within 100 yards of DECK BARGE WITTE 1406 being used by
personnel to salvage the sunken tug vessel. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant
[[Page 19043]]
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination will be
available 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; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-0226 to read as follows:
Sec. 165.T01-0226 Safety Zone; Salvage of TUG SPECIALIST, Hudson
River, Tarrytown, NY.
(a) Location. The following area is a safety zone: All navigable
waters within 100 yards of DECK BARGE WITTE 1406 while it is in the
Hudson River.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port New York (COTP) in the enforcement of the security
zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector
New York Command Center). Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement period. This section will be enforced from March
17, 2016 through May 17, 2016, unless terminated sooner by the COTP.
Dated: March 17, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-07657 Filed 4-1-16; 8:45 am]
BILLING CODE 9110-04-P