19910 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations 

ITVERP claimants that might otherwise 

lead to the denial of meritorious claims 

from victims, even where such victims 

show good cause for delayed filing. 

The rule would not adversely affect 

any segment of the public whatsoever, 

as it would not result in the denial of 

any additional claims, and therefore 

advance notice and public comment are 

unnecessary. The present rule clearly is 

one that ‘‘grants or recognizes an 

exemption or relieves a restriction,’’ and, 

therefore, waiver of the 30-day period 

prior to the rule’s taking effect is 

likewise appropriate here. See 5 U.S.C. 

553(d)(1). The changes made by this 

interim-final rule remove an 

unnecessary administrative restriction 

on claim filing, and operate for the 

benefit of victims of international 

terrorism who may apply for the 

program. 

As there are presently ITVERP claims 

before OVC that might otherwise be 

unnecessarily denied or delayed absent 

this amendment, it is impractical and 

contrary to the public interest to delay 

implementation of this rule. Moreover, 

the portion of the ITVERP rule amended 

by this interim-final rule directly affects 

only the Director of OVC, and the 

Director has ‘‘actual notice’’ of this rule, 

per 5 U.S.C. 553(b). OVC believes that 

the rule is noncontroversial and adverse 

comments will not be received, 

although comments on this rule are 

invited. Accordingly, OVC finds that 

‘‘good cause’’ exists under 5 U.S.C. 

553(b)(B) and 553(d) to make this rule 

effective upon publication in the 

Federal Register. Public comment after 

this rule is published is welcomed, and 

will be carefully reviewed to ensure that 

any substantive concerns or issues are 

addressed. 

Executive Order 13132—Federalism 

This regulation will not have a 

substantial direct effect on the states, on 

the relationship between the national 

government and the states, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Exec. Order No. 13132, 

64 FR 43, 255 (Aug. 4, 1999), it is 

determined that this regulation does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Cost/Benefit Assessment 

This regulation has no cost to state, 

local, or tribal governments, or to the 

private sector. It merely alleviates an 

administrative restriction on victim 

claim filing by permitting the OVC 

Director to allow late filing where the 

Director determines that this is 

appropriate. The ITVERP is funded by 

fines, fees, penalty assessments, and 

forfeitures paid by federal offenders, as 

well as gifts from private individuals, 

deposited into the Crime Victims Fund 

in the U.S. Treasury, and set aside in the 

Antiterrorism Emergency Reserve Fund, 

which is capped at $50 million in any 

given year. The cost to the Federal 

Government consists both of 

administrative expenses and amounts 

reimbursed to victims. Both types of 

costs depend on the number of 

claimants, prospective as well as 

retroactive. This rule is not expected to 

significantly increase the number of 

eligible claimants, and therefore the 

negligible cost potentially associated 

with allowing certain late-filed claims to 

be processed is clearly outweighed by 

considerations of fairness in the 

program’s administration (given that the 

program is relatively new) and the 

benefit of ensuring that victims eligible 

for, and in need of, reimbursement for 

injuries and losses from overseas 

terrorism are provided such 

reimbursement. This regulation is not 

expected to substantially increase the 

overall budgetary impact of the ITVERP. 

Regulatory Flexibility Act 

This regulation will not have a 

significant economic impact on a 

substantial number of small entities. 

This regulation has no cost to State, 

local, or tribal governments, or to the 

private sector. The ITVERP is funded by 

fines, fees, penalty assessments, and 

bond forfeitures paid by Federal 

offenders, as well as gifts from private 

individuals, deposited into the Crime 

Victims Fund in the U.S. Treasury. 

Therefore, an analysis of the impact of 

this regulation on such entities is not 

required under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.). 

Paperwork Reduction Act of 1995 

This rule contains no new 

information collection or record-keeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501, 

et seq.). 

Unfunded Mandates Reform Act of 1995 

This regulation will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

List of Subjects in 28 CFR Part 94 

Administrative practice and 

procedures, International terrorism, 

Victim compensation. 

Accordingly, for the reasons set forth 

in the preamble, title 28, part 94, 

subpart A of the Code of Federal 

Regulations is amended as follows: 

PART 94—CRIME VICTIM SERVICES 

■ 1. The authority citation for part 94 

continues to read as follows: 

Authority: Victims of Crime Act (VOCA), 

Title II, Secs. 1404C and 1407 (42 U.S.C. 

10603c, 10604). 

Subpart A—International Terrorism 

Victim Expense Reimbursement 

Program 

■ 2. Revise § 94.32 to read as follows: 

§ 94.32 Application deadline. 

For claims related to acts of 

international terrorism that occurred 

after October 6, 2006, the deadline to 

file an application is three years from 

the date of the act of international 

terrorism. For claims related to acts of 

international terrorism that occurred 

between December 21, 1988, and 

October 6, 2006, the deadline to file an 

application is October 6, 2009. At the 

discretion of the Director, the deadline 

for filing a claim may be tolled or 

extended upon a showing of good cause. 

Dated: March 31, 2011. 

Laurie O. Robinson, 

Assistant Attorney General. 

[FR Doc. 2011–8479 Filed 4–8–11; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0202] 

Drawbridge Operation Regulations; 

Harlem River, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the 103rd Street (Wards 

Island) Pedestrian Bridge, mile 0.0, 

across the Harlem River at New York 

City, New York. The deviation is 

necessary to facilitate bridge 

rehabilitation. This deviation allows the 

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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations 19911 

bridge to remain in the closed position 

for 70 days. 

DATES: This deviation is effective from 

April 30, 2011 through July 8, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0202 and are available online at 

http://www.regulations.gov, inserting 

USCG–2011–0202 in the ‘‘Keyword’’ and 

then clicking ‘‘Search’’. They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Joe Arca, Project Officer, 

First Coast Guard District, 

joe.m.arca@uscg.mil, or telephone (212) 

668–7165. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 103rd 

Street (Wards Island) Pedestrian Bridge, 

across the Harlem River, mile 0.0, at 

New York City, New York, has a vertical 

clearance in the closed position of 55 

feet at mean high water and 60 feet at 

mean low water. The drawbridge 

operation regulations are listed at 33 

CFR 117.789. 

The owner of the bridge, New York 

City Department of Transportation, has 

requested a temporary deviation from 

the regulations to complete 

rehabilitation of the bridge which was 

begun in January 2011. 

The Coast Guard published a 

temporary deviation for the 103rd Street 

(Wards Island) Pedestrian Bridge on 

January 20, 2011, (76 FR 3516), 

authorizing the bridge to remain in the 

closed position effective from January 

10, 2011 through April 29, 2011. 

The bridge owner has requested a 

second temporary deviation through 

July 8, 2011 in order to continue 

rehabilitation past April 29, 2011, due 

to unanticipated additional repair work 

which was discovered. 

In addition, containment scaffolding 

located under the lift span will reduce 

the vertical clearance by approximately 

four feet while the scaffolding is in 

place. Most vessel traffic that uses this 

waterway can fit under the draw 

without requiring bridge openings. 

Under this temporary deviation the 

103rd Street (Wards Island) Pedestrian 

Bridge may remain in the closed 

position from April 30, 2011 through 

July 8, 2011. Vessels that can pass under 

the bridge in the closed position may do 

so at any time. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 31, 2011. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2011–8515 Filed 4–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0203] 

Drawbridge Operation Regulations; 

Apponagansett River, Dartmouth, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Padanaram Bridge 

at mile 1.0 across the Apponagansett 

River, at Dartmouth, Massachusetts. The 

deviation is necessary to facilitate 

electrical maintenance. This deviation 

allows the bridge to remain in the 

closed position for five days. 

DATES: This deviation is effective from 

April 18, 2011 through April 22, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0203 and are available online at 

http://www.regulations.gov, inserting 

USCG–2011–0203 in the ‘‘Keyword’’ and 

then clicking ‘‘Search’’. They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. John McDonald, Project 

Officer, First Coast Guard District, 

john.w.mcdonald@uscg.mil, or 

telephone (617) 223–8364. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Padanaram Bridge, across the 

Apponagansett River, mile 1.0, at 

Dartmouth, Massachusetts, has a 

vertical clearance in the closed position 

of 9 feet at mean high water and 12 feet 

at mean low water. The drawbridge 

operation regulations are listed at 

33 CFR 117.587. 

The owner of the bridge, the Town of 

Dartmouth, requested a temporary 

deviation from the regulations to 

facilitate electrical repairs, motor 

replacement, at the bridge. 

Under this temporary deviation the 

Padanaram Bridge may remain in the 

closed position from April 18, 2011 

through April 22, 2011. Vessels that can 

pass under the bridge in the closed 

position may do so at any time. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 29, 2011. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2011–8517 Filed 4–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0095] 

Drawbridge Operation Regulation; 

Calcasieu River, Westlake, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Union 

Pacific Railroad swing bridge across the 

Calcasieu River, mile 36.4, at Westlake, 

Calcasieu Parish, Louisiana. The 

deviation is necessary to perform 

maintenance and updates to the bridge’s 

operating system. This deviation allows 

the bridge to remain closed to 

navigation during night operations on 

two separate occasions. 

DATES: This deviation is effective from 

11 p.m. on Sunday, April 17, 2011, 

through 5 a.m. on Monday, April 25, 

2011, and from 11 p.m. on Sunday, May 

8, 2011, through 5 a.m. on Tuesday, 

May 31, 2011. 

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