When Pigs Fly Fireworks Display; San Diego, CA, 32121-32124 [2013-12652]
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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
dependent was eligible as of that date.
If retroactive coverage is elected,
retroactive premiums must be paid for
the time period between January 1,
2011, and the date of the election. If no
retroactive coverage is elected or the
retroactive premiums are not paid
within the time prescribed, coverage
will not be retroactive and coverage will
apply only prospectively under the
procedures set forth for open
enrollment. No purchase of retroactive
coverage may take place after September
30, 2011. Coverage under TRICARE
Prime may not be made retroactively.
(2) Suspension and termination.
Procedures may be established for TYA
coverage to be suspended and/or
terminated as follows.
(i) Loss of eligibility or entitlement for
coverage by the sponsor will result in
termination of the dependent’s TYA
coverage unless otherwise specified.
The effective date of the sponsor’s loss
of eligibility for care will also be the
effective date of termination of benefits
under the TYA program unless specified
otherwise.
(A) Active duty military sponsor. TYA
coverage ends effective the date of
military sponsor’s separation from
military service, unless the dependent
would be eligible under section 199.3(e)
of this Part but for the dependent’s age,
for the duration of the Transitional
Assistance Management Program
(TAMP) eligibility or until reaching age
26, whichever comes first. Upon the
death of an active duty sponsor,
dependents eligible for Transitional
Survivor coverage may purchase TYA
coverage if otherwise qualified.
(B) Selected Reserve (Sel Res)
Sponsor. Sel Res sponsors must be
currently enrolled in TRICARE Reserve
Select (TRS) before a young adult
dependent is eligible to purchase TYA.
If TRS coverage is terminated by the
sponsor, TYA coverage ends effective
the same termination date as the
sponsor. If the Sel Res sponsor dies
while enrolled in TRS, the young adult
dependent is eligible to purchase TYA
coverage for six months after the date of
death of the Sel Res sponsor, if
otherwise qualified.
(C) Retired Reserve Sponsor. Retired
Reserve members not yet eligible for
retired or retainer pay must be enrolled
in TRICARE Retired Reserve (TRR) to
establish TYA eligibility for their young
adult dependents. If TRR coverage is
terminated by the sponsor, the TYA
coverage for the young adult dependent
ends effective the same date as the
sponsor’s termination of coverage under
TRR. If the retired reserve sponsor dies
while enrolled in TRR, the young adult
dependent may continue to purchase
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TYA coverage until the date on which
the deceased member would have
attained age 60, if otherwise qualified. If
the Retired Reserve member dies and is
not enrolled in TRR, there is no
eligibility for TYA coverage until the
sponsor would have reached age 60. On
the date the Retired Reserve member
would have reached 60, a young adult
dependent who otherwise qualifies for
TYA qualifies as a dependent of a
deceased retired sponsor and can
purchase TYA coverage.
(ii) Failure of a young adult
dependent to maintain the eligibility
qualifications in paragraph (b) of this
section shall result in the termination of
coverage under the TYA program. The
effective date of termination shall be the
date upon which the adult young
dependent failed to meet any of the
prerequisite qualifications. If a
subsequent change in circumstances reestablishes eligibility (such as losing
eligibility for an eligible employersponsored plan), the young adult
dependent may re-enroll for coverage
under the TYA program.
(iii) Coverage may also be terminated
due to a change in the sponsor’s status,
and the young adult dependent must requalify and reapply for TYA coverage
within 30 days of termination to
preclude a gap in coverage.
(iv) Termination of coverage results in
denial of claims for services with a date
of service after the effective date of
termination.
(v) Coverage may be suspended and
finally terminated for young adult
dependents upon request at any time by
submitting a completed request in the
appropriate format in accordance with
established procedures.
(vi) Coverage may be suspended and
finally terminated for young adult
dependents who fail to make premium
payments within established
procedures.
(vii) Under paragraph (d)(2)(v) or
(d)(2)(vi) of this section, TYA coverage
may be first suspended for a period up
to one year followed by final
termination. Procedures may be
established for the suspension to be
lifted upon request before final
termination is applied. Procedures may
also be established for the suspension to
be lifted before final termination is
applied upon request for undue
hardship as defined by § 199.26(g).
(3) Eligibility for the Continued Health
Care Benefit Program. Upon termination
of eligibility to purchase TYA coverage,
dependents may purchase coverage for
up to 36 months through the Continued
Health Care Benefit Program under
§ 199.20 unless locked out of TYA.
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32121
(4) Changing coverage. Upon
application and payment of appropriate
premiums, qualified dependents already
enrolled in and who are current in their
premium payments may elect to change
to another TRICARE program for which
the qualified dependent is eligible based
on the sponsor’s eligibility and the
geographic location of the qualified
young adult dependent. Upon change in
sponsor status (for example, active duty
to retired status), TYA coverage may be
automatically transferred to the
appropriate TRICARE option consistent
with the sponsor’s new status. Recurring
TYA premiums may be adjusted
accordingly. Administrative processes
may be established for changes in
program enrollment; however, no
change shall be effective until the
applicable premium has been paid.
(e) Preemption of State laws.—The
preemption provisions of § 199.17(a)(7)
are applicable to the TYA program.
(f) Administration. The Director,
TRICARE Management Activity may
establish other processes, policies and
procedures for the effective
administration of the TYA Program and
may authorize exceptions to
requirements of this section, if
permitted by law.
(g) Terminology. The following term
applies to the TYA program:
Undue hardship. This term involves a
situation that the TYA dependent could
neither have prevented nor avoided by
taking reasonable and timely action. The
ASD(HA) may provide further
guidelines regarding use of this term.
Dated: May 10, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2013–12412 Filed 5–28–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0276]
RIN 1625–AA00
When Pigs Fly Fireworks Display; San
Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone on the
navigable waters of the San Diego Bay
in support of the When Pigs Fly
Fireworks Display on June 11, 2013
SUMMARY:
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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
from 8:30 p.m. to 9:30 p.m. The safety
zone will include all navigable waters
within 600 feet of the nearest point of
the fireworks barge located in the
vicinity of the USS MIDWAY. The zone
is necessary to provide for the safety of
the participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway. Persons and
vessels are prohibited from entering
into, transiting through, or anchoring
within this safety zone unless
authorized by the Captain of the Port or
his designated representative.
DATES: This rule is effective from 8:30
p.m. to 9:30 p.m. on June 11, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0276]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Bryan Gollogly,
Waterways Management, U.S. Coast
Guard Sector San Diego, Coast Guard;
telephone 619–278–7656, email
d11marineeventssandiego@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and 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)
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with respect to this rule because
publishing an NPRM would be
impracticable. The Coast Guard did not
receive necessary information from the
event sponsor in time to publish a
notice of proposed rulemaking. The
event is scheduled to take place, and as
such, immediate action is necessary to
ensure the safety of vessels, spectators,
participants, and others in the vicinity
of the marine event on the dates and
times this rule will be in effect.
Under 5 U.S.C. 553(d)(3), for the same
reasons mentioned above, 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
would be impracticable for the reasons
cited above.
B. Basis and Purpose
The legal basis for this temporary rule
is the Ports and Waterways Safety Act
which authorizes the Coast Guard to
establish safety zones (33 U.S.C sections
1221 et seq.).
Pyro Spectaculars is sponsoring the
When Pigs Fly Fireworks Display,
which will be conducted from a barge
located in the vicinity of the USS
MIDWAY in San Diego Bay. A safety
zone is needed for the navigable waters
around the barge, which will be located
in the following approximate position:
32 42′46.71″ N 117 10′39.44″ W. A
safety zone is necessary to provide for
the safety of the crew, spectators, and
other vessels and users of the waterway.
The sponsor will provide a chase boat
to patrol the safety zone and inform
vessels of the safety zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone that will be enforced from
8:30 p.m. to 9:30 p.m. on June 11, 2013.
The limits of the safety zone will
include all the navigable waters within
600 feet of the nearest point of the
fireworks barge in approximate position
32 42′46.71″ N 117 10′39.44″ W.
The safety zone is necessary to
provide for the safety of the crews,
spectators, and other vessels and users
of the waterway. Persons and vessels
will be prohibited from entering into,
transiting through, or anchoring within
the safety zone unless authorized by the
Captain of the Port, or his designated
representative.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
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1. Regulatory Planning and Review
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, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
The safety zone is of a limited duration,
one hour, and is limited to a relatively
small geographic area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit or anchor in
the impacted portion of the San Diego
Bay on June 11, 2013 between 8:30 p.m.
and 9:30 p.m.
This rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. The safety zone will
be in effect for a short duration, one
hour, late at night when vessel traffic is
low. Additionally, vessel traffic can pass
around the safety zone.
3. Assistance for Small Entities
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, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
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.
4. 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).
5. Federalism
A rule has implications for federalism
under Executive Order 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
determined that this rule does not have
implications for federalism.
6. 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.
7. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
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8. 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.
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9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 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
establishment of a safety zone. This rule
is 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 are
available 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.
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32123
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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–561 to read as
follows:
■
§ 165.T11–561 Safety zone; When Pigs Fly
Fireworks Display; San Diego, CA.
(a) Location. The limits of the safety
zone will include all the navigable
waters within 600 feet of the nearest
point of the fireworks barge in
approximate position 32 42′46.71″ N
117 10′39.44″ W.
(b) Enforcement Period. This section
will be enforced from 8:30 p.m. to 9:30
p.m. on June 11, 2013.
(c) Definitions. The following
definition applies to this section:
designated representative means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Sector San Diego Command Center. The
Command Center may be contacted on
VHF–FM Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
a flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
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Dated: May 1, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2013–12652 Filed 5–28–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO62
Community Residential Care
Department of Veterans Affairs.
Interim final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its regulations
concerning approval of non-VA
community residential care facilities to
allow VA to waive such facilities’
compliance with standards that do not
jeopardize the health or safety of
residents. Waiver would be authorized
in those limited circumstances where
the deficiency cannot be corrected to
meet a standard provided for in VA
regulation. Authorizing this waiver will
prevent veterans from needlessly
choosing to move out of established and
appropriate living situations due to
minor deficiencies in standards that
cannot be corrected, and into more
restrictive and/or costly care. In
addition, we make a technical edit to
correct a reference to the section
addressing requests for a hearing.
DATES: Effective Date: This interim final
rule is effective on May 29, 2013.
Comment Date: Comments must be
received on or before July 29, 2013.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (02REG), Department
of Veterans Affairs, 810 Vermont
Avenue NW., Room 1068, Washington,
DC 20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AO62, Community Residential Care.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1068, between the
hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
www.Regulations.gov.
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SUMMARY:
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Jkt 229001
Nancy Quest, Director, Home and
Community Based Services (10P4G),
Veterans Health Administration, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–6064. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: The
Community Residential Care (CRC)
program is an important component in
VA’s continuum of care. It operates
under the authority of 38 U.S.C. 1730,
which, at subsection (a), provides that
VA may refer a veteran for placement in
a CRC facility if VA is furnishing
outpatient medical services or hospital,
domiciliary, or nursing home care to the
veteran or has furnished the veteran
with such care in the preceding 12
months, and placement in a CRC facility
is appropriate. Under 38 U.S.C. 1730(b),
VA cannot refer a veteran to a CRC
facility unless VA approves the facility.
CRC facilities provide room, board,
limited personal care, and supervision
to veterans who do not require hospital
or nursing home care but are unable to
live independently because of medical
or mental health conditions, and who
have insufficient family resources to
provide care. The veteran pays for the
cost of this living arrangement. VA’s
contribution is limited to approving
CRCs for inclusion on VA’s list of
approved CRC facilities. As part of the
approval process, VA inspects the
facility utilizing the criteria listed in 38
CFR 17.63 and conducts post-inspection
monitoring. VA provides clinical
services, including medical care
provided by VA health care
professionals, to veterans residing in
CRC facilities. A CRC facility may be
referred to by different names in various
states and settings, such as: Medical
Foster Homes, Assisted Living, Personal
Care Homes, Family Care Homes, and
psychiatric CRC Homes. The CRC
program currently approves 826 CRC
facilities serving more than 6,100
veterans, accounting for more than
398,000 bed days of care per calendar
quarter.
VA’s regulations governing the CRC
program appear at 38 CFR 17.61 through
17.72. Decisions regarding approval of
CRC facilities are made by an approving
official at a local VA medical center
level. The term ‘‘approving official’’ is
defined at § 17.62(e) as a Director of a
VA Medical Center or Outpatient Clinic
which has jurisdiction to approve the
CRC facility, or other medical center
officials listed in that section who may
be designated by the Director. As
provided in § 17.65(a), the approving
official may approve a CRC facility,
based on the report of a VA inspection
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and any findings of necessary interim
monitoring of the facility, if the facility
meets the standards listed in § 17.63.
The standards found in § 17.63 cover a
wide variety of issues related to health
and safety as well as quality of life,
environment, and administrative
requirements. For example, § 17.63
provides standards for fire safety,
heating and air conditioning, interior
building plans, laundry service, size and
furnishing requirements for the
residents’ bedrooms, nutrition,
activities, residents’ rights, and staffing
and administrative requirements. The
current regulation requires CRCs to meet
all of these standards before an
approving official may grant approval of
a CRC facility.
Under § 17.65(b), if there is an
identified deficiency that does not
jeopardize the health or safety of the
residents, the CRC facility may obtain
provisional approval if the deficiency
can be corrected and VA and the facility
agree on a plan to correct the deficiency.
If the deficiency is not corrected per the
agreement, the provisional approval is
terminated, as provided in §§ 17.66
through 17.71. Upon revocation of VA
approval for a CRC facility, VA is
required to cease referring veterans to
the CRC facility, notify any veteran
residing in the facility that VA has
disapproved the facility, and request
permission to assist in the veteran’s
removal if the veteran chooses to leave.
There currently is no provision
whereby VA may waive a standard
delineated in § 17.63. However, VA has
determined that there may be instances
in which a CRC facility may have a
minor deficiency that cannot be
corrected but which does not jeopardize
the health or safety of resident veterans.
We find that it is appropriate to provide
a mechanism to waive the standard
applicable to that minor deficiency and
authorize approval of the CRC facility
under § 17.65(a) or (b). An example of
an instance in which a waiver would be
appropriate would involve a CRC
facility that would qualify for full
approval but for the fact that a singleresident room measures slightly less
than 100 square feet (as required under
§ 17.63(e)(2)), and the deficiency cannot
be corrected without compromising the
structural integrity of the facility.
Waiver would be appropriate in this
instance in order to ensure that a
veteran is not discouraged from using an
appropriate CRC facility located near his
or her home, or to otherwise avoid more
restrictive and/or costly care.
This interim final rule amends § 17.65
by adding a new paragraph (d)
providing that VA may waive a standard
found in § 17.63 for the approval of a
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]]>Agencies
[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32121-32124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12652]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0276]
RIN 1625-AA00
When Pigs Fly Fireworks Display; San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of the San Diego Bay in support of the When Pigs Fly Fireworks
Display on June 11, 2013
[[Page 32122]]
from 8:30 p.m. to 9:30 p.m. The safety zone will include all navigable
waters within 600 feet of the nearest point of the fireworks barge
located in the vicinity of the USS MIDWAY. The zone is necessary to
provide for the safety of the participants, crew, spectators,
participating vessels, and other vessels and users of the waterway.
Persons and vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port or his designated representative.
DATES: This rule is effective from 8:30 p.m. to 9:30 p.m. on June 11,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0276]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7656,
email d11marineeventssandiego@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 publishing an NPRM would be
impracticable. The Coast Guard did not receive necessary information
from the event sponsor in time to publish a notice of proposed
rulemaking. The event is scheduled to take place, and as such,
immediate action is necessary to ensure the safety of vessels,
spectators, participants, and others in the vicinity of the marine
event on the dates and times this rule will be in effect.
Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, 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 would be impracticable for the reasons cited above.
B. Basis and Purpose
The legal basis for this temporary rule is the Ports and Waterways
Safety Act which authorizes the Coast Guard to establish safety zones
(33 U.S.C sections 1221 et seq.).
Pyro Spectaculars is sponsoring the When Pigs Fly Fireworks
Display, which will be conducted from a barge located in the vicinity
of the USS MIDWAY in San Diego Bay. A safety zone is needed for the
navigable waters around the barge, which will be located in the
following approximate position: 32 42'46.71'' N 117 10'39.44'' W. A
safety zone is necessary to provide for the safety of the crew,
spectators, and other vessels and users of the waterway. The sponsor
will provide a chase boat to patrol the safety zone and inform vessels
of the safety zone.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that will be enforced
from 8:30 p.m. to 9:30 p.m. on June 11, 2013. The limits of the safety
zone will include all the navigable waters within 600 feet of the
nearest point of the fireworks barge in approximate position 32
42'46.71'' N 117 10'39.44'' W.
The safety zone is necessary to provide for the safety of the
crews, spectators, and other vessels and users of the waterway. Persons
and vessels will be prohibited from entering into, transiting through,
or anchoring within the safety zone unless authorized by the Captain of
the Port, or his designated representative.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary. The safety zone is of a limited duration, one hour, and
is limited to a relatively small geographic area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in the impacted portion of the San Diego
Bay on June 11, 2013 between 8:30 p.m. and 9:30 p.m.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone will be in effect for a short duration, one hour, late at
night when vessel traffic is low. Additionally, vessel traffic can pass
around the safety zone.
3. Assistance for Small Entities
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,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine
[[Page 32123]]
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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 establishment of a safety zone. This
rule is 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 are available 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.
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
0
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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T11-561 to read as follows:
Sec. 165.T11-561 Safety zone; When Pigs Fly Fireworks Display; San
Diego, CA.
(a) Location. The limits of the safety zone will include all the
navigable waters within 600 feet of the nearest point of the fireworks
barge in approximate position 32 42'46.71'' N 117 10'39.44'' W.
(b) Enforcement Period. This section will be enforced from 8:30
p.m. to 9:30 p.m. on June 11, 2013.
(c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
(2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Command Center. The Command Center may be contacted on VHF-FM Channel
16.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
(4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, a flashing light, or other means, the operator of a
vessel shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
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Dated: May 1, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-12652 Filed 5-28-13; 8:45 am]
BILLING CODE 9110-04-P
