Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 52569 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.433 to read as follows: 

§ 117.433 Bonfouca Bayou. 

The draw of the S433 Bridge, mile 7.0, 

at Slidell, shall open on signal, except 

that from 6 p.m. to 6 a.m. from 

November 1 through February 28 or 

February 29, the draw shall open on 

signal if at least two hours, notice is 

given. From March 1 through October 

30, from 9 p.m. to 7 a.m. the draw shall 

open on signal if at least two hours, 

notice is given. On Monday through 

Friday, except Federal holidays, 

throughout the year, the draw need not 

open for the passage of vessels from 7 

a.m. to 8 a.m. and from 1:45 p.m. to 

2:45 p.m. 

Dated: July 27, 2011. 

Roy A. Nash, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2011–21459 Filed 8–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0727] 

RIN 1625–AA11 

Regulated Navigation Area; Arthur Kill, 

NY and NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) on the navigable waters of 

the Arthur Kill in New York and New 

Jersey. This temporary interim rule is 

necessary to enhance navigation, vessel 

safety, marine environmental 

protection, and provide for the safety of 

life on the navigable waters during 

drilling, blasting and dredging 

operations in support of the U.S. Army 

Corps of Engineers channel deepening 

project. We seek comments regarding 

this rule and will consider those 

comments before issuing a final rule. 

DATES: This rule is effective in the CFR 

on August 23, 2011 until 5 p.m. on 

April 1, 2014. This rule is effective with 

actual notice for purposes of 

enforcement from 8 a.m. on August 12, 

2011 until 5 p.m. on April 1, 2014. 

Comments and related material must 

reach the Coast Guard on or before 

September 22, 2011 but will be accepted 

and reviewed by the Coast Guard 

through April 1, 2014, that is, for as long 

as the RNA is in place. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0727 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail Mr. Jeff Yunker, U.S. Coast 

Guard Sector New York Waterways 

Management Division, Coast Guard; 

telephone 718–354–4195, e-mail 

Jeff.M.Yunker@uscg.mil, or Lieutenant 

Junior Grade Isaac Slavitt, Coast Guard 

First District Waterways Management 

Branch, telephone 617–223–8385, 

e-mail Isaac.M.Slavitt@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

As this interim rule will be in effect 

before the end of the comment period, 

the Coast Guard will evaluate and revise 

this rule as necessary to address 

significant public comments. 

Alternatively, if the dredging project 

necessitating the interim rule is 

completed before April 1, 2014, and we 

receive no public comments that 

indicate a substantive need to revise the 

rule, we may allow it to expire on that 

date without further regulatory action. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0727), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 


rmajette on DSK89S0YB1PROD with RULES
52570 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–0727’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and will consider 

those comments before issuing a final 

rule. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0727’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting within the meaning of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553. But you may submit a 

request for one using one of the four 

methods specified under ADDRESSES. 

Please explain why you believe such a 

public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. The Coast 

Guard has held or participated in 

fourteen locally announced informal 

waterway user meetings where 

waterway closures and restrictions were 

discussed. We anticipate holding 

additional informal meetings, with 

opportunity for public questions or 

comments, during this project. We will 

provide written summaries of any such 

meetings in the docket. 

Regulatory Information 

The Coast Guard is issuing this 

interim rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 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 necessary to ensure 

the safety of the public in the vicinity 

of the drilling, dredging and blasting 

operations being conducted in the 

Arthur Kill. In November 2010, 

Northeast Dredging Company, the 

contractor, advised that the Arthur Kill 

Channel Deepening Project would 

require rolling two-week closures of the 

middle third of the Arthur Kill to 

conduct the drilling and blasting 

operations. The requested closure of the 

Arthur Kill would have shut down the 

Arthur Kill to all deep draft vessels in 

the area resulting in a long term 

disruption to cargo and oil terminal 

facilities operations. We advised the 

U.S. Army Corps of Engineers (USACE) 

and the contractor that the complete 

closure of the Arthur Kill for two-week 

periods during the course of the 

deepening project would negatively 

impact navigational safety on the 

waterway and that an alternative 

proposal that would keep the channel 

open to vessel traffic was necessary. 

We participated in nine initial 

planning meetings with the USACE, 

harbor and docking pilots, tugboat 

operators, facility operators, and the 

contractors between January and April 

2011. In early April 2011 the USACE, 

with the assistance of harbor and 

docking pilots, conducted simulator 

assessments of the drilling and blasting 

areas. These simulations studied the 

possibility of reducing the size of the 

drilling and blasting areas in order to 

maintain one-half of the channel open at 

all times for vessel transits. The results 

of the simulation allowed the USACE to 

determine that, although it was possible 

to conduct the channel deepening 

without completely closing the Arthur 

Kill, additional coordination meetings 

were necessary. 

Five additional meetings were held 

between April and June 2011 to discuss 

the results of the navigation 

simulations. In June the USACE and the 

contractor presented a revised drilling, 

blasting and dredging plan, which 

called for reduction in the channel 

width during the deepening project. The 

drilling, blasting and dredging 

operations will render a portion of the 

Arthur Kill unavailable to vessel 

navigation and decrease the overall 

width of the navigable channel that is 

available to deep draft commercial 

vessels. The Coast Guard initially 

planned to control traffic under the 

auspices of the Vessel Traffic Service 

(VTS) New York, but as a result of the 

June 2011 meeting with the USACE, it 

was determined that a Regulated 

Navigation Area (RNA) would be 

necessary. The dynamic nature of the 

dredging process and multitude of 

drilling and blasting equipment 

associated with the project necessitates 

that all mariners comply with this RNA, 

as the drilling and blasting equipment 

configuration may change on a daily 

basis. Immediate action is needed to 

control vessels operating in the reduced 

waterway and protect the maritime 

public from the hazards associated with 

drilling, blasting and dredging 

operations on a constricted waterway. 

Publishing a NPRM and waiting 30 days 

for comment would be contrary to the 

public interest since immediate action is 

needed to restrict vessel traffic and 

protect the maritime public from the 

hazards associated with drilling, 

blasting and dredging operations. 

For the same reasons, 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. 

Basis and Purpose 

Under the Ports and Waterways Safety 

Act, the Coast Guard has the authority 

to establish RNAs in defined water areas 

that are determined to have hazardous 

conditions and in which vessel traffic 

can be regulated in the interest of safety. 

See 33 U.S.C. 1231 and Department of 

Homeland Security Delegation No. 

0170.1. 


rmajette on DSK89S0YB1PROD with RULES
Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 52571 

The purpose of this interim rule is to 

ensure the safe transit of vessels in the 

area and to protect all persons, vessels, 

and the marine environment during the 

ongoing channel deepening project. 

Discussion of Rule 

The RNA encompasses all waters of 

the North of Shooters Island Reach, 

Elizabethport Reach, and Gulfport 

Reach in the Arthur Kill. 

Drilling and blasting operations began 

in the Arthur Kill on Tuesday, August 

2, 2011. The project consists of 

dredging, drilling and underwater 

blasting of bedrock in the Arthur Kill 

navigable channel. Dredging operations 

will encroach on portions of the 

navigable channel, require the 

relocation of lateral aids to navigation, 

and create a reduction in the width of 

the navigable channel. 

This interim rule seeks to enhance 

navigational safety and marine 

environmental protection, and promote 

vessel movement by reducing the 

potential for collisions, groundings, and 

the loss of lives and property. This 

interim rule became effective with 

actual notice upon being signed by the 

District Commander; however the Coast 

Guard would like to receive comments 

before issuing a final rule. 

Any violation of the RNA described 

herein is punishable by, among others, 

civil and criminal penalties, in rem 

liability against the offending vessel, 

and the initiation of suspension or 

revocation proceedings against Coast 

Guard-issued merchant-mariner 

credentials. 

The Captain of the Port (COTP) New 

York will cause notice of enforcement, 

suspension of enforcement, or closure of 

the waterway to be made by all 

appropriate means to effect the widest 

distribution among the affected 

segments of the public. Such means of 

notification may include, but are not 

limited to, Broadcast Notice to Mariners 

and Local Notice to Mariners. 

Regulatory Analyses 

We developed this interim rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The economic impact of this rule will 

be severely limited for the following 

reasons: (1) The RNA does not prohibit 

vessels from transiting the area; (2) 

vessels will be allowed to safely transit 

without restrictions in areas where there 

are no dredges or drill barges operating; 

(3) vessels may be allowed to transit 

work areas where dredges and/or drill 

barges are operating unless blasting 

operations are underway; (4) delays 

resulting from blast operations are 

expected to last no longer than 15 

minutes and occur twice daily; and (5) 

advance notification will be made to the 

maritime community via Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and on the Internet at http:// 

homeport.uscg.mil/newyork. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit in a portion 

of the Arthur Kill from August 12, 2011 

until the Arthur Kill Channel Deepening 

Project is completed. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: although the 

regulated navigation area will apply to 

the entire width of the Arthur Kill, 

vessel traffic will be allowed to pass 

through the regulated area by 

coordinating with Vessel Traffic Service 

New York (VTSNY). Before the effective 

period, we will issue maritime 

advisories widely available to users of 

the waterway. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

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

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 


rmajette on DSK89S0YB1PROD with RULES
52572 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a RNA. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

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. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0727 to read as 

follows: 

§ 165.T01–0727 Regulated Navigation 

Area; Arthur Kill, NY and NJ. 

(a) Regulated Area. The following area 

is a regulated navigation area: all waters 

of the North of Shooters Island Reach, 

Elizabethport Reach, and Gulfport 

Reach in the Arthur Kill; bounded in the 

northeast by a line drawn from position 

40° 38′48.637′′ N, 074° 09′18.204′′ W; to 

a point in position 40°38′37.815′′ N, 

074° 09′20.245′′ W; and bounded in the 

southwest by a line drawn from position 

40° 37′15.643′′ N, 074° 12′15.927′′ W; to 

a point in position 40° 37′15.779′′ N, 

074° 12′08.0622′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Regulations. 

(1) The general regulations contained 

in 33 CFR 165.13 apply. 

(2) All vessels must remain at least 

150 feet from all drilling and blasting 

equipment; if a vessel must pass within 

150 feet of drilling and blasting 

equipment for reasons of safety, they 

shall contact the dredge and/or blasting 

barge on Channel 13. 

(3) No vessel shall enter or transit any 

work area where drill barges and/or 

dredges are located without the 

permission of Vessel Traffic Service 

New York (VTSNY) Director. 

(4) No vessel may be underway within 

1,500 feet of the blasting area during 

blasting operations. 

(5) No vessel shall enter an area of 

drilling or blasting when they are 

advised by the drilling barge or VTSNY 

that a misfire or hang fire has occurred. 

(6) Vessel Movement Reporting 

System (VMRS) users are prohibited 

from meeting or overtaking other vessels 

when transiting alongside an active 

work area where dredging and drilling 

equipment are being operated. 

(7) Each vessel transiting in the 

vicinity of a work area where dredges 

are located is required to do so at 

reduced speed to maintain 

maneuverability while minimizing the 

effects of wake and surge. 

(8) The VTSNY Director may impose 

additional requirements through VTS 

measures, as per 33 CFR 161.11. 

(c) Effective Period. This rule is 

effective from 8 a.m. on August 12, 2011 

until 5 p.m. on April 1, 2014. 

Dated: 12 Aug 2011. 

J.B. McPherson, 

Captain, U.S. Coast Guard, Commander, First 

Coast Guard District, Acting. 

[FR Doc. 2011–21460 Filed 8–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 3 and 20 

RIN 2900–AO06 

Rules Governing Hearings Before the 

Agency of Original Jurisdiction and the 

Board of Veterans’ Appeals; 

Clarification 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its hearing 

regulations to clarify that the provisions 

regarding hearings before the Agency of 

Original Jurisdiction (AOJ) do not apply 

to hearings before the Board of Veterans’ 

Appeals (Board). 

DATES: Effective Date: This rule is 

effective August 23, 2011. 


rmajette on DSK89S0YB1PROD with RULES