Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6181 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officers 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP) Morgan City in the 

enforcement of the safety zones. 

(c) Regulations. (1) Under the general 

safety zone regulations in 33 CFR part 

165, subpart C, you may not enter the 

safety zones 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–FM channel 16, 

or through Coast Guard Marine Safety 

Unit Morgan City at 985–380–5334. 

Those in the safety zones must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This rule will 

be enforced from January 6, 2016 

through January 15, 2016, and from 

February 18, 2016 through February 27, 

2016. 

(e) Informational Broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcasts notice to mariners of the 

enforcement period for the emergency 

safety zones as well as any changes in 

the dates and times of enforcement. 

Dated: January 5, 2016. 

D.G. McClellan, 

Captain, U.S. Coast Guard, Captain of the 

Port Morgan City, Louisiana. 

[FR Doc. 2016–02281 Filed 2–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0028] 

RIN 1625–AA00 

Safety Zone; Hudson River, Anchorage 

Ground 19–W 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the waters of the Hudson River in the 

vicinity of Anchorage Ground 19–W. 

This zone is intended to restrict vessels 

from a portion of the Hudson River due 

to the presence of a dielectric oil leak 

from a submerged power cable, and the 

hazards associated with the cable repair 

vessels. This temporary safety zone is 

necessary to protect people and vessels 

from the hazards associated with this 

event. 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 February 5, 2016 

through July 9, 2016. For the purposes 

of enforcement, actual notice will be 

used from January 12, 2016 through 

February 5, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0028 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 Petty Officer Kristina Pundt, 

Waterways Management Division, U.S. 

Coast Guard Sector New York; 

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 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ 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 doing 

so would be impracticable. The Coast 

Guard received notification of the 

dielectric oil release from a submerged 

power cable on January 2, 2016. Thus, 

waiting for a notice and comment 

period to run would inhibit the Coast 

Guard from protecting the public and 

vessels from the possible hazards 

associated with this dielectric oil leak 

and the hazards associated with the 

cable repairs. 

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 

publication in the Federal Register. For 

the same reasons discussed in the 

preceding paragraph, waiting for a 30 

day notice period to run would be 

impracticable and contrary to the public 

interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231, 33 

CFR 1.05–1 and 160.5; and Department 

of Homeland Security Delegation No. 

0170.1. The Captain of the Port New 

York (COTP) has determined that a 

temporary safety zone is necessary to 

ensure the safety of vessels from the 

hazards associated with this dielectric 

oil leak and power cable repairs. 

Establishing a safety zone to control 

vessel movements around the location 

of the dielectric oil leak will help ensure 

the safety of persons and property 

during assessment and response 

activities and help minimize the 

associated risks. Therefore, this rule will 

remain in effect for the time stated 

herein but will be cancelled if response 

activities are finished cease before July 

9, 2016. The preliminary estimate for 

completion of the clean-up and cable 

repairs is February 11, 2016. This TFR 

provides for an extended enforcement 

period in case of unforeseen 

circumstances that prevent the 

contractors from completing the repairs 

within their initial estimated timeline. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from January 12, 2016 through July 9, 

2016. The safety zone will cover all 

navigable waters of Anchorage Ground 

19–W and the Hudson River within an 

area approximately 870–930 yards wide 

and 1,330–1,335 yards long near 

Edgewater, NJ. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. Vessel 

operators must contact the COTP or an 

on-scene representative to obtain 

permission to transit through this safety 

zone. The COTP or an on-scene 

representative may be contacted by VHF 

Channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

E.O.s related to rulemaking. Below we 

summarize our analyses based on these 


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6182 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 

statutes and E.O.s, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

E.O.s 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. E.O. 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 E.O. 12866. Accordingly, 

it has not been reviewed by the Office 

of Management and Budget. 

We conclude that this rule is not a 

significant regulatory action because we 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, and will 

not adversely alter the budget of any 

grant or loan recipients. Vessel traffic 

will be able to safely transit around this 

safety zone. This safety zone only affects 

a small-designated area of the Hudson 

River waterway for a relatively short 

duration. Moreover, the Coast Guard 

will issue Broadcast Notice to Mariners 

via VHF–FM marine channel 16. 

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 E.O. 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 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 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 the 

establishment of a safety zone for 

approximately 30 days that will prohibit 

entry within the dielectric oil spill, 

cleanup, and power cable repair area, 

and is therefore categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination will be 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 

■ 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.T01–0028 to read as 

follows: 


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Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6183 

§ 165.T01–0028 Safety Zone: Hudson 

River, Anchorage Ground 19–W. 

(a) Location. The following area is a 

temporary safety zone: All U.S. 

navigable waters of the Hudson River 

bound by the following points: 

40°48′56.00′′ N., 073°58′47.08′′ W.; 

thence to 40°48′42.96′′ N., 073°58′15.00′′ 

W.; thence to 40°48′08.04′′ N., 

073°58′38.82′′ W.; thence to 

40°48′19.84′′ N., 073°59′09.31′′ W., 

thence along the western shoreline to 

the point of origin. All coordinates are 

North American Datum 1983 (NAD 83). 

(b) Enforcement period. The safety 

zone described in paragraph (a) of this 

section will be enforced from January 

12, 2016 until July 9, 2016, unless 

terminated sooner by the COTP. 

(c) Regulations. (1) In accordance with 

the general regulations in 33 CFR 

165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP or his designated on scene 

representative. 

(2) A ‘‘on-scene representative’’ of the 

COTP is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State or local law 

enforcement officer designated by or 

assisting the COTP to act on his behalf. 

(3) Vessel operators must contact the 

COTP via the Command Center to 

obtain permission to enter or operate 

within the safety zone. The COTP may 

be contacted via VHF Channel 16 or at 

(718) 354–4353. Vessel operators given 

permission to enter or operate within 

the safety zone must comply with all 

directions given to them by the COTP, 

via the Command Center or an on-scene 

representative. 

Dated: January 12, 2016. 

M.H. Day, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2016–02276 Filed 2–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (LSC or the Corporation) is 

required by law to establish maximum 

income levels for individuals eligible for 

legal assistance. This document updates 

the specified income levels to reflect the 

annual amendments to the Federal 

Poverty Guidelines issued by the 

Department of Health and Human 

Services (HHS). 

DATES: Effective February 5, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie K. Davis, Assistant General 

Counsel, Legal Services Corporation, 

3333 K St. NW., Washington, DC 20007; 

(202) 295–1563; sdavis@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (Act), 42 U.S.C. 

2996f(a)(2), requires the Corporation to 

establish maximum income levels for 

individuals eligible for legal assistance. 

Section 1611.3(c) of the Corporation’s 

regulations establishes a maximum 

income level equivalent to one hundred 

and twenty-five percent (125%) of the 

Federal Poverty Guidelines 

(Guidelines), which HHS is responsible 

for updating and issuing. 45 CFR 

1611.3(c). 

Each year, LSC publishes an update to 

Appendix A of 45 CFR part 1611 to 

provide client income eligibility 

standards based on the most recent 

Guidelines. The figures for 2016, set out 

below, are equivalent to 125 percent 

(125%) of the current Guidelines 

published by HHS on January 25, 2016 

(81 FR 4036). 

In addition, LSC is publishing a chart 

listing income levels that are two 

hundred percent (200%) of the 

Guidelines. This chart is for reference 

purposes only as an aid to grant 

recipients in assessing the financial 

eligibility of an applicant whose income 

is greater than 125 percent (125%) of the 

applicable Guidelines amount, but less 

than 200 percent (200%) of the 

applicable Guidelines amount (and who 

may be found to be financially eligible 

under duly adopted exceptions to the 

annual income ceiling in accordance 

with 45 CFR 1611.3, 1611.4, and 

1611.5). 

List of Subjects in 45 CFR Part 1611 

Grant programs—law, Legal services. 

For reasons set forth in the preamble, 

the Legal Services Corporation amends 

45 CFR part 1611 as follows: 

PART 1611—FINANCIAL ELIGIBILITY 

■ 1. The authority citation for part 1611 

is revised to read as follows: 

Authority: 42 U.S.C. 2996e(b)(1), 

2996e(b)(3), 2996f(a)(1), 2996f(a)(2), 2996g(e); 

Sec. 509(h), Pub. L. 104–134, 110 Stat. 1321; 

Pub. L. 105–119, 11 Stat. 2512. 

■ 2. Revise Appendix A to part 1611 to 

read as follows: 

Appendix A to Part 1611— Income 

Level for Individuals Eligible for 

Assistance 

LEGAL SERVICES CORPORATION 2016 INCOME GUIDELINES * 

Size of household 

48 Contiguous 

states and the 

District of 

Columbia 

Alaska Hawaii 

1 ................................................................................................................................................... $14,850 $18,550 $17,088 

2 ................................................................................................................................................... 20,025 25,025 23,038 

3 ................................................................................................................................................... 25,200 31,500 28,988 

4 ................................................................................................................................................... 30,375 37,975 34,938 

5 ................................................................................................................................................... 35,550 44,450 40,888 

6 ................................................................................................................................................... 40,725 50,925 46,838 

7 ................................................................................................................................................... 45,913 57,400 52,788 

8 ................................................................................................................................................... 51,113 63,900 58,763 

For each additional member of the household in excess of 8, add ........................................... 5,200 6,500 5,975 

* The figures in this table represent 125% of the poverty guidelines by household size as determined by HHS. 


Lhorne on DSK5TPTVN1PROD with RULES