Availability of DoD Directives, DoD Instructions, DoD Publications, and Changes, 6968-6969 [2019-03674]
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Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
this rule have significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of the U.S.-based enterprises
to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
This final rule does not impose an
unfunded mandate of more than $100
million per year on state, local, or tribal
governments or the private sector. The
rule also does not have a significant or
unique effect on state, local, or tribal
governments or the private sector.
Therefore, a statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.) is not required.
Takings
Under the criteria in Executive Order
12630, this final rule does not affect
individual property rights protected by
the Fifth Amendment nor does it
involve a compensable ‘‘taking.’’ Thus,
a takings implication assessment is not
required.
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Federalism
Under the criteria in Executive Order
13132, this final rule has no 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.
affecting the quality of the human
environment.
Information Quality Act
In developing this final rule, the
Commission did not conduct or use a
study, experiment, or survey requiring
peer review under the Information
Quality Act (Pub. L. 106–554).
This final rule is not a significant
energy action under the definition in
Executive Order 13211. A Statement of
Energy Effects is not required.
Clarity of This Regulation
The Commission is required by
Executive Orders 12866 and 12988 and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule that
the Commission publishes must:
(a) Be logically organized;
(b) use the active voice to address
readers directly;
(c) use clear language rather than
jargon;
(d) be divided into short sections and
sentences; and
(e) use lists and tables wherever
possible.
Required Determinations Under the
Administrative Procedure Act
Consultation With Indian Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal
Governments, Executive Order 13175
(59 FR 22951, November 6, 2000), the
Commission has determined that
consultations with Indian gaming tribes
is not practicable, as Congress has
mandated that annual civil penalty
adjustments in the Act be implemented
no later than January 15th of each year.
List of Subjects in 25 CFR Part 575
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BILLING CODE 7565–01–P
Administrative practice and
procedure, Gaming, Indian lands,
Penalties.
For the reasons set forth in the
preamble, the Commission amends 25
CFR part 575 as follows:
PART 575—CIVIL FINES
1. The authority citation for part 575
continues to read as follows:
■
Authority: 25 U.S.C. 2705(a), 2706, 2713,
2715; and Sec. 701, Pub. L. 114–74, 129 Stat.
599.
§ 575.4
[Amended]
2. Amend the introductory text of
§ 575.4 by removing ‘‘$51,302’’ and
adding in its place ‘‘$52,596’’.
■
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 337
In accordance with the Act, agencies
are to annually adjust civil monetary
penalties without providing an
opportunity for notice and comment,
and without a delay in its effective date.
Therefore, the Commission is not
required to complete a notice and
comment process prior to promulgation.
National Environmental Policy Act
This final rule does not constitute a
major federal action significantly
[FR Doc. 2019–03475 Filed 2–28–19; 8:45 am]
Effects on the Energy Supply
Civil Justice Reform
This final rule complies with the
requirements of Executive Order 12988.
Specifically, this rule has been reviewed
to eliminate errors and ambiguity and
written to minimize litigation. It is
written in clear language and contains
clear legal standards.
Paperwork Reduction Act
This final rule does not affect any
information collections under the
Paperwork Reduction Act.
Dated: January 8, 2019.
Jonodev O. Chaudhuri,
Chairman,
Kathryn Isom-Clause,
Vice Chair,
E. Sequoyah Simermeyer,
Associate Commissioner.
[Docket ID: DOD–2019–OS–0004]
RIN 0790–AK48
Availability of DoD Directives, DoD
Instructions, DoD Publications, and
Changes
Office of the Secretary, DoD.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule removes DoD’s
obsolete regulation which established a
subscription service that entitled
subscribers to receive new and revised
DoD issuances cleared for public
release. This rule predated the free,
publicly available, online collection of
DoD Directives, Instructions,
Publications, and Changes. The
subscription service was discontinued,
and the content of this rule is obsolete.
DATES: This rule is effective on March 1,
2019.
FOR FURTHER INFORMATION CONTACT:
Morgan E. Park at 571–372–0489.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this rule
removal in the CFR for public comment
is impracticable, unnecessary, and
contrary to public interest since it is
based on removing obsolete
information. This regulation was last
updated on December 10, 1991 (56 FR
64482), prior to the discontinuation of
the subscription service. DoD issuances
are publicly available on the DoD
Directives Division’s website: https://
www.esd.whs.mil/DD/DoD-Issuances/.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
List of Subjects in 32 CFR Part 337
Freedom of information, Government
publications.
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01MRR1
Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Rules and Regulations
PART 337—[REMOVED]
I. Table of Abbreviations
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 337 is removed.
CFR Code of Federal Regulations
COTP Captain of the Port New York and
New Jersey
DBO USCG First District Bridge Office
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NYSTA New York State Thruway Authority
RNA Regulated Navigation Area
§ Section
TFR Temporary Final Rule
TIR Temporary Interim Rule
U.S.C. United States Code
■
Dated: February 26, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–03674 Filed 2–28–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1059]
RIN 1625–AA00
Safety Zones; Tappan Zee Bridge
Demolition, Hudson River; South
Nyack and Tarrytown, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing two temporary safety zones
for navigable waters within
approximately a 2,500 foot radius of the
center of the old Tappan Zee Bridge east
cantilever span. The two safety zones
are needed to protect personnel, vessels,
and the marine environment from
potential hazards created by dropping
the east cantilever span by explosive
charges into the Hudson River. Entry of
vessels or persons into either of these
two safety zones is prohibited unless
specifically authorized by the Captain of
the Port New York or a designated
representative.
This rule is effective without
actual notice from March 1, 2019
through April 31, 2019. For the
purposes of enforcement, actual notice
will be used from January 12, 2019
through March 1, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1059 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, Waterways
Management Division, U.S. Coast Guard
Sector New York, telephone (718) 354–
4195, email Jeff.M.Yunker@uscg.mil.
SUPPLEMENTARY INFORMATION:
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II. Background Information and
Regulatory History
On September 26, 2013, the Coast
Guard published a TIR establishing a
RNA on the navigable waters of the
Hudson River, NY, for the Tappan Zee
Bridge replacement project (78 FR
59231). We received no comments on
the September 26, 2013 TIR. No public
meeting was requested, and no public
meeting was held. Construction on the
Tappan Zee Bridge replacement project
began on October 1, 2013.
On July 25, 2014, the Coast Guard
published a change to the original TIR
which established a new safety zone
and expanded the RNA to create both an
Eastern and Western RNA for the
Tappan Zee Bridge replacement project
on navigable waters of the Hudson
River, NY (79 FR 43250). We received
two comments on the July 25, 2014, TIR.
The first comment referenced an
unrelated rulemaking effort to establish
anchorage locations along the Hudson
River. The second comment merely
provided the environmental checklist
for the TIR. No public meeting was
requested, and no public meeting was
held.
On August 23, 2018 the NYSTA
requested the RNAs and safety zone be
extended until December 31, 2019, to
complete all remaining contract
operations in and over the Hudson
River, including, but not limited to,
steel erection, concrete bridge deck
placements, installation of navigation
lighting, and removal of the original
Tappan Zee Bridge. On December 21,
2018, the Coast Guard published a
change to the original TIR extending the
RNAs and safety zone effective date to
December 31, 2019 (83 FR 65521).
On November 9, 2018, the Coast
Guard received the contractor’s
preliminary plan and procedures for
explosives handling, and their east
cantilever span salvage plan. The
contractor has since deployed heavy
lifting chains along the Hudson
Riverbed beneath the east cantilever
span, east of the Federal navigation
channel. These heavy chains will be
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used to lift and remove the east
cantilever span from the Hudson
Riverbed after it has been felled from
the existing bridge structure by
explosive charges. The Hudson River
will be closed to all vessels within
approximately a 2,500 foot radius of the
center of the east cantilever span, unless
authorized by the COTP or his
designated representative during these
operations. These two safety zones will
provide this 2,500 foot restricted area
that is not currently within the
boundaries of the existing eastern RNA
codified at 33 CFR 165.T01–0174.
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 an
NPRM with respect to this rule because
the plans for using explosive charges to
drop the east cantilever span into the
Hudson River was only recently
finalized and provided to the Coast
Guard, which did not give the Coast
Guard enough time to publish an
NPRM, take public comments, and issue
a final rule before demolition
commences. Timely action is needed to
respond to the potential safety hazards
associated with this demolition project.
It would be impracticable and contrary
to the public interest to publish an
NPRM because we must establish these
two safety zones prior to demolition on
January 12, 2019, to protect the safety of
the waterway users, construction crew,
and other personnel associated with the
bridge project. A delay of the demolition
to accommodate a full notice and
comment period would delay necessary
operations, result in increased costs,
and delay the completion date of the
bridge project and subsequent reopening
of the Hudson River for normal
operations. Under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause
exists for making this rule effective less
than 30 days after publication in the
Federal Register. Delaying the effective
date of this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the use of explosives to
drop the east cantilever span of the old
Tappan Zee Bridge to the Hudson
Riverbed and subsequent removal of the
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Agencies
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6968-6969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03674]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 337
[Docket ID: DOD-2019-OS-0004]
RIN 0790-AK48
Availability of DoD Directives, DoD Instructions, DoD
Publications, and Changes
AGENCY: Office of the Secretary, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes DoD's obsolete regulation which
established a subscription service that entitled subscribers to receive
new and revised DoD issuances cleared for public release. This rule
predated the free, publicly available, online collection of DoD
Directives, Instructions, Publications, and Changes. The subscription
service was discontinued, and the content of this rule is obsolete.
DATES: This rule is effective on March 1, 2019.
FOR FURTHER INFORMATION CONTACT: Morgan E. Park at 571-372-0489.
SUPPLEMENTARY INFORMATION: It has been determined that publication of
this rule removal in the CFR for public comment is impracticable,
unnecessary, and contrary to public interest since it is based on
removing obsolete information. This regulation was last updated on
December 10, 1991 (56 FR 64482), prior to the discontinuation of the
subscription service. DoD issuances are publicly available on the DoD
Directives Division's website: https://www.esd.whs.mil/DD/DoD-Issuances/.
This rule is not significant under Executive Order (E.O.) 12866,
``Regulatory Planning and Review,'' therefore, E.O. 13771, ``Reducing
Regulation and Controlling Regulatory Costs'' does not apply.
List of Subjects in 32 CFR Part 337
Freedom of information, Government publications.
[[Page 6969]]
PART 337--[REMOVED]
0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 337 is
removed.
Dated: February 26, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2019-03674 Filed 2-28-19; 8:45 am]
BILLING CODE 5001-06-P