1870 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1115] 

RIN 1625–AA00 

Safety Zone; Matlacha Bridge 

Construction, Matlacha Pass, 

Matlacha, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Matlacha Pass in the 

vicinity of the Matlacha Bridge in 

Matlacha, Florida. The safety zone will 

be enforced during construction of the 

Matlacha Bridge from Thursday, 

December 15, 2011 until Sunday, 

January 15, 2012. The safety zone is 

necessary to protect life and property on 

navigable waters of the United States 

during the Matlacha Bridge 

construction. Persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port St. Petersburg 

or a designated representative. 

DATES: This rule is effective in the CFR 

on January 12, 2012 until 7 p.m. January 

15, 2012. This rule is effective with 

actual notice for purposes of 

enforcement from 7 a.m. December 15, 

2011, until 7 p.m. January 15, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1115 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1115 in the ‘‘Keyword’’ 

box, 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 temporary 

final rule, call or email Marine Science 

Technician Second Class Chad. R. 

Griffiths, Sector St. Petersburg 

Prevention Department, Coast Guard; 

telephone (813) 228–2191, email D07- 

SMB-Tampa-WWM@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final 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 the 

Coast Guard did not receive notice of 

this stage of the Matlacha Bridge 

construction until November 18, 2011. 

As a result, the Coast Guard did not 

have sufficient time to publish an 

NPRM and to receive public comments 

prior to construction operations to 

install supports for the new bascule leaf 

on the Matlacha Bridge. Any delay in 

the effective date of this rule would be 

contrary to the public interest because 

immediate action is needed to minimize 

potential danger to the public during the 

bridge construction. 

For the same reason discussed above, 

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 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 33 U.S.C. 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; Public Law 107–295, 116 

Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

The purpose of the rule is to protect 

life and property on navigable waters of 

the United States during the Matlacha 

Bridge construction. 

Discussion of Rule 

From Thursday, December 15, 2011 

until Sunday, January 15, 2012, Archer 

Western Contractors, Ltd., Inc. will be 

installing a new fender system on the 

Matlacha Bridge in Matlacha, Florida. 

The fender installation will require a 

barge to be placed between the fender 

system at the Matlacha Bridge, thereby 

closing the Matlacha Pass channel to 

marine traffic. The construction poses a 

danger to mariners located in or 

transiting the area. 

The safety zone encompasses certain 

waters of Matlacha Pass in the vicinity 

of the Matlacha Bridge in Matlacha, 

Florida. The safety zone will be 

enforced daily from 7 a.m. until 7 p.m. 

from December 15, 2011 until January 

15, 2012. 

Persons and vessels are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

safety zone unless authorized by the 

Captain of the Port St. Petersburg or a 

designated representative. Persons and 

vessels desiring to enter, transit through, 

anchor in, or remain within the safety 

zone may contact the Captain of the Port 

St. Petersburg by telephone at (727) 

824–7524, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the Captain of the 

Port St. Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, and onscene designated representatives. 

Regulatory Analyses 

We developed this 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. 

Regulatory Planning and Review 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). 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 section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this regulation under 

Executive Order 12866. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The safety zone will only be 

enforced for 12 hours per day; (2) vessel 

traffic in the area is expected to be 

minimal during the enforcement 


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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1871 

periods; (3) the barge placed in the main 

channel will be able to move with a 12 

hour advance notice; (4) although 

persons and vessels will not be able to 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the Captain of the 

Port St. Petersburg or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement periods; (5) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the safety 

zone during the enforcement periods if 

authorized by the Captain of the Port St. 

Petersburg or a designated 

representative; and (6) the Coast Guard 

will provide advance notification of the 

safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within 

that portion of Matlacha Pass 

encompassed within the safety zone 

between 7 a.m. and 7 p.m. from 

December 15, 2011 until January 15, 

2012. For the reasons discussed in the 

Regulatory Planning and Review section 

above, this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

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 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 effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

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 


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1872 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

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

involves establishing a temporary safety 

zone that will be enforced 12 hours per 

day during a 30 day period. 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. 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 a temporary § 165.T07–1115 to 

read as follows: 

§ 165.T07–1115 Safety Zone; Matlacha 

Bridge Construction, Matlacha Pass, 

Matlacha, FL. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of Matlacha Pass within a 100 

yard radius of position 26°37′57.6′′ N, 

82°04′04.8′′ W. All coordinates are 

North American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port St. Petersburg or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port St. 

Petersburg by telephone at (727) 824– 

7524, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port St. Petersburg or 

a designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port St. Petersburg or 

a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement. This rule is enforced 

daily from 7 a.m. until 7 p.m. from 

December 15, 2011, until January 15, 

2012. 

Dated: December 12, 2011. 

S.L. Dickinson, 

Captain, U.S. Coast Guard Captain of the 

Port. 

[FR Doc. 2012–403 Filed 1–11–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AO10 

Vocational Rehabilitation and 

Employment Program—Changes to 

Subsistence Allowance 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document adopts as 

final, without change, the interim final 

rule amending regulations of the 

Department of Veterans Affairs (VA) to 

reflect changes made by the Post-9/11 

Veterans Educational Assistance 

Improvements Act of 2010, effective 

August 1, 2011, that affect payment of 

vocational rehabilitation benefits for 

certain service-disabled veterans. 

Pursuant to these changes, a veteran, 

who is eligible for a subsistence 

allowance under chapter 31 of title 38, 

United States Code, and educational 

assistance under chapter 33 of title 38, 

United States Code, may participate in 

a rehabilitation program under chapter 

31 and elect to receive a payment equal 

in amount to an applicable military 

housing allowance payable under title 

37, United States Code, instead of the 

regular subsistence allowance under 

chapter 31. In addition, payments of 

subsistence allowances during periods 

between school terms are discontinued, 

and payments during periods of 

temporary school closings are modified. 

DATES: Effective Date: This final rule is 

effective January 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Alvin Bauman, Senior Policy Analyst, 

Vocational Rehabilitation and 

Employment Service (28), Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Ave. 

NW., Washington, DC 20420, (202) 461– 

9600 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: In an 

interim final rule published in the 

Federal Register on August 1, 2011 (76 

FR 45697), VA amended §§ 21.260 and 

21.264 to allow a veteran who is eligible 

for a chapter 31 subsistence allowance 

and chapter 33 educational assistance to 

participate in a chapter 31 rehabilitation 

program and elect a subsistence 

allowance in an alternate amount, 

which we referred to as the Post-9/11 

subsistence allowance, in lieu of the 

amount of the regular chapter 31 

subsistence allowance provided for in 

§ 21.260(b). Among other things, we also 

amended § 21.270 to discontinue the 

payment of subsistence allowance for 

periods between school terms. 

We provided a 30-day comment 

period that ended August 31, 2011. No 

comments were received. Based on the 

rationale set forth in the interim final 

rule, we adopt the interim final rule as 

a final rule without change. 

Administrative Procedure Act 

This document affirms the 

amendments made by the interim final 

rule that is already in effect. The 

Secretary of Veterans Affairs concluded 

that, under 5 U.S.C. 553(b)(3)(B) and 

(d)(3), there was good cause to dispense 

with advance public notice and 

opportunity to comment on this rule 

and good cause to publish the interim 

final rule with an immediate effective 

date. The Secretary found that it was 

impracticable and contrary to the public 

interest to delay this regulation for the 

purpose of soliciting prior public 

comment. Sections 205 and 206 of 

Public Law 111–377 required that 

certain changes to the rehabilitation 

program take effect on August 1, 2011. 

This interim final rule was necessary to 

implement by August 1, 2011, the 

statutory changes as they related to 

chapter 31 subsistence allowance. For 

instance, Public Law 111–377 did not 

address how the alternate rate of 

subsistence allowance would be 

calculated in different situations. 

Allowing veterans to elect an alternate 

rate of subsistence allowance ensured 

that such veterans would receive the 

supportive services under chapter 31 to 

assist them in the transition from 

military to civilian careers. Because 

eligible veterans could begin to make 

the election on August 1, 2011, it was 

important to have procedures in place 

by this date to allow veterans to receive 

the alternate rate of subsistence 

allowance authorized under the law as 


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