Safety Zones and Regulated Navigation Area; Shell Arctic Drilling/Exploration Vessel and Associated Voluntary First Amendment Area, Portland, OR, 46194-46197 [2015-19120]
Download as PDF
<![CDATA[
46194
Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations
1. DEN130046: De Novo Request per 513(f)(2)
from Somna Therapeutics, LLC, dated
November 11, 2013.
List of Subjects in 21 CFR Part 874
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 874 is
amended as follows:
PART 874—EAR, NOSE, AND THROAT
DEVICES
1. The authority citation for 21 CFR
part 874 continues to read as follows:
(i) Relevant warnings, precautions,
and adverse effects/complications,
(ii) Information on how to correctly
wear the device,
(iii) The potential risks and benefits
associated with the use of the device,
(iv) Alternative treatments, and
(v) Reprocessing instructions.
Dated: July 30, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–19074 Filed 8–3–15; 8:45 am]
BILLING CODE 4164–01–P
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Add § 874.5900 to subpart F to read
as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 874.5900 External upper esophageal
sphincter compression device.
14:47 Aug 03, 2015
Jkt 235001
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0543]
(a) Identification. An external upper
esophageal sphincter compression
device is a prescription device used to
apply external pressure on the cricoid
cartilage for the purpose of reducing the
symptoms of laryngopharyngeal reflux
disease.
(b) Classification. Class II (special
controls). The special controls for this
device are:
(1) The patient contacting
components must be demonstrated to be
biocompatible.
(2) Non-clinical performance testing
must demonstrate that the device
performs as intended under anticipated
conditions of use. The following
performance characteristics must be
demonstrated:
(i) Mechanical integrity testing (e.g.,
tensile strength testing, fatigue testing)
and
(ii) Shelf life testing.
(3) The technical specifications must
include pressure measurement accuracy
to characterize device performance.
(4) Clinical performance testing must
document any adverse events observed
during clinical use, and demonstrate
that the device performs as intended
under anticipated conditions of use.
(5) Labeling must include the
following:
(i) Appropriate warnings and
precautions,
(ii) A detailed summary of the clinical
testing pertinent to use of the device
including a detailed summary of the
device-related complications or adverse
events,
(iii) Detailed instructions on how to
fit the device to the patient, and
(iv) Instructions for reprocessing of
any reusable components.
(6) Patient labeling must be provided
and must include:
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00; 1625–AA11
Safety Zones and Regulated
Navigation Area; Shell Arctic Drilling/
Exploration Vessel and Associated
Voluntary First Amendment Area,
Portland, OR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones
around Royal Dutch Shell’s (Shell)
contracted vessel FENNICA, which is
participating in Shell’s planned Arctic
oil drilling and exploration operations,
while it is located in the U.S. Territorial
and Internal Waters of the Sector
Columbia River Captain of the Port
Zone. In addition, the Coast Guard is
establishing a regulated navigation area
to designate a Voluntary First
Amendment Area for individuals that
desire to exercise their First
Amendment free speech rights with
regards to Shell’s operations. The safety
zones and regulated navigation area
created by this rule are necessary to
ensure the mutual safety of all
waterways users including the
FENNICA and those individuals that
desire to exercise their First
Amendment rights.
DATES: This rule is effective without
actual notice from August 4, 2015 until
August 22, 2015. For the purposes of
enforcement, actual notice will be used
from July 22, 2015 until August 4, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0543 to view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 Lieutenant Commander Laura
Springer, Waterways Management
Division, Coast Guard Marine Safety
Unit Portland; telephone (503) 240–
2594, email Laura.M.Springer@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, 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 since the regulation is
immediately necessary to help ensure
the safety of all waterway users
including the Shell contracted vessel
FENNICA and those individuals that
desire to exercise their First
Amendment rights regarding Shell’s
activities and holding a notice and
comment period at this time would
delay regulatory implementation
beyond the arrival of the FENNICA and
expected start of First Amendment
activities regarding Shell’s operations,
thereby increasing the safety risk to all
waterways users.
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. For reasons identical to those
described above, delaying the effective
E:\FR\FM\04AUR1.SGM
04AUR1
Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
date until 30 days after publication
would be impracticable since the
regulation is immediately necessary to
help ensure the safety of all waterway
users.
B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
limited access areas: 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.
Shell is planning Arctic oil drilling
and exploration operations for the
summer of 2015. One of the Shell
contracted vessels related to these
operations, FENNICA, has been
damaged and will be returning to
Portland, Oregon for repairs. Over the
last several months there has been
significant waterborne First Amendment
activity related to Shell’s operations,
particularly in the Puget Sound region,
and the Coast Guard believes there will
be similar activity in the greater
Portland area related to FENNICA’s
presence there. The First Amendment
activity previously observed includes
unauthorized boardings of Shell
contracted vessels and the formation of
a ‘‘kayak flotilla’’ designed to protest as
well as attempt to block Shell
contracted vessels from departing for
the Arctic.
Draft restrictions, vessel maneuvering
characteristics, and geographic/
environmental conditions may constrain
the ability of large commercial vessels
such as FENNICA to maneuver in close
quarters with other vessels, particularly
small craft piloted by recreational
operators. Intentional close-in
interaction of these vessels will create
an increased risk of collision,
grounding, or personal injury for all
parties. Furthermore, while moored, at
anchor, and in drydock the FENNICA
will have ongoing operations occurring
onboard, some of which could pose a
safety risk to other maritime traffic. The
myriad of potential safety risks to all
parties and the port itself is best
addressed by mandating a minimum
zone of separation. For these reasons,
the Coast Guard believes that a safety
zone around the FENNICA is necessary
to ensure the safety of all waterways
users.
Additionally, the Coast Guard
believes that given the nature of the
First Amendment activity expected and
the likely type of vessels used by
individuals desiring to express their
First Amendment rights, namely kayaks
and other small vessels, a regulated
navigation area designating a Voluntary
First Amendment Area is necessary to
VerDate Sep<11>2014
14:47 Aug 03, 2015
Jkt 235001
ensure the safety of those vessels and
persons. The regulated navigation area
encompassing the Voluntary First
Amendment Area would do so by
establishing it as a ‘‘no wake’’ area,
which is particularly important for
small boats such as kayaks, to better
enable persons and vessels to congregate
and exercise their First Amendment
rights safely and without interference
from or interfering with other maritime
traffic.
C. Discussion of the Final Rule
In this rule, the Coast Guard is
establishing safety zones around the
FENNICA, a Shell contracted vessel
involved in the company’s Arctic oil
drilling and exploration operations, and
a regulated navigation area for a
Voluntary Free Speech Area that will
allow individuals a meaningful
opportunity to be heard in exercising
their First Amendment rights while not
compromising the safety of maritime
traffic or the individuals exercising their
First Amendment rights.
The safety zones are established in
subsection (a) of this temporary
regulation. Per subsection (a)(1)(i),
while transiting, the safety zone around
FENNICA will encompass all waters
within a rectangle measuring 500 yards
in front and 100 yards to the port,
starboard, and astern of that vessel and
any other vessel actively engaged in
towing or escorting it. Per subsection
(a)(1)(ii), while moored, anchored, or in
drydock, the safety zone around
FENNICA will encompass all waters
within 100 yards of the vessel in all
directions. Persons and/or vessels that
desire to enter these safety zones must
request permission to do so from the
Captain of the Port, Columbia River by
contacting the Coast Guard Sector
Columbia River Command Center at
866–284–6958 or 503–861–6211, or the
on-scene Law Enforcement patrol craft,
if any, via VHF–FM CH 16.
The Coast Guard is also establishing
a regulated navigation area to ensure the
safety of individuals that desire to
exercise their First Amendment rights
related to Shell’s activities in subsection
(b) of this regulation. The Voluntary
First Amendment Area is being
established in an area where we believe
individuals will be able to effectively
communicate their message, without
posing an undue risk to maritime safety,
after analyzing maritime traffic patterns
and other environmental factors. The
regulated navigation area encompassing
the Voluntary First Amendment Area
will ensure the safety of small boats by
establishing it as a ‘‘no wake’’ area for
persons and/or vessels to congregate
and exercise their First Amendment
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
46195
rights safely and without interference
from or interfering with other maritime
traffic. The ‘‘no wake’’ provisions will
ensure all interactions between vessels
within the area occur at a low rate of
speed, thereby reducing risk of collision
and personal injury. Likewise, the
designation of a Voluntary First
Amendment Area will help to ensure
that a large congregation of vessels does
not impede or endanger other
commercial and recreational users who
are not associated with Shell’s arctic
drilling and exploration operations or
the associated First Amendment
activity.
These provisions are particularly vital
given the expected presence of a ‘‘kayak
flotilla’’ described above. Persons or
vessels desiring to exercise their First
Amendment rights to free speech
regarding Shell’s Arctic drilling and
exploration operations may enter the
regulated navigation area at any time.
All other persons or vessels are advised
to avoid the regulated navigation area.
When inside the regulated navigation
area, all vessels must proceed at ‘‘no
wake’’ speed and with due regard for all
other persons and/or vessels inside the
regulated navigation area.
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. This rule is not a significant
regulatory action as the safety zones and
regulated navigation area are limited in
both size and duration and any person
and/or vessel needing to transit through
the safety zones or regulated navigation
area may be allowed to do so in
accordance with the regulatory
provisions.
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
E:\FR\FM\04AUR1.SGM
04AUR1
46196
Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations
‘‘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 the affected
waterways when the safety zones and
regulated navigation area are in effect.
The safety zones and regulated
navigation area will not have a
significant economic impact on a
substantial number of small entities,
however, because the safety zones and
regulated navigation area are limited in
both size and duration and any person
and/or vessel needing to transit through
the safety zones or regulated navigation
area may be allowed to do so in
accordance with the regulatory
provisions.
mstockstill on DSK4VPTVN1PROD with RULES
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
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).
VerDate Sep<11>2014
14:47 Aug 03, 2015
Jkt 235001
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. First Amendment Activities
The Coast Guard respects the First
Amendment rights of all individuals.
This regulation establishes a regulated
navigation area to create a Voluntary
First Amendment Area so that persons
and vessels can congregate and exercise
their First Amendment free speech
rights safely and without interference
from or interfering with other maritime
traffic. Of particular note, large vessels
operating in restricted waters cannot
maneuver freely, nor can they stop
immediately. As such, any First
Amendment activity taking place in
immediate proximity to such vessels
can quickly result in extremis. The
Voluntary First Amendment Area has
been located to allow individuals a
meaningful opportunity to be heard.
Individuals that desire to exercise their
First Amendment rights are asked
utilize the designated area to the extent
possible, however, its use is voluntary.
Individuals that desire to exercise their
First Amendment rights outside the
designated area are requested to contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate their activities so that their
message can be heard, 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.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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 the
establishment of temporary safety zones
and a regulated navigation area to deal
with an emergency situation that is one
week or longer in duration. 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.
E:\FR\FM\04AUR1.SGM
04AUR1
Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations
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.T13–292 to read as
follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 165.T13–292 Safety Zones and Regulated
Navigation Area; Shell Arctic Drilling/
Exploration Vessel and Associated
Voluntary First Amendment Area, Portland,
OR.
(a) Safety Zones—(1) Location. The
following areas are designated as safety
zones:
(i) All waters within a rectangle
measuring 500 yards in front and 100
yards to the port, starboard, and astern
of the vessel FENNICA and any other
vessel actively engaged in towing or
escorting it while transiting within the
U.S. Territorial or Internal Waters of the
Sector Columbia River Captain of the
Port Zone as defined in 33 CFR 3.65–15.
(ii) All waters within 100 yards of the
vessel FENNICA while moored,
anchored, or in drydock within the U.S.
Territorial or Internal Waters of the
Sector Columbia River Captain of the
Port Zone as defined in 33 CFR 3.65–15.
(2) Regulations. In accordance with
the general regulations in 33 CFR part
165 Subpart C, no persons or vessels
may enter these safety zones unless
authorized by the Captain of the Port,
Columbia River or his designated
representative. To request permission to
enter one of these safety zones contact
the Coast Guard Sector Columbia River
Command Center at 866–284–6958 or
503–861–6211, or the on-scene Law
Enforcement patrol craft, if any, via
VHF–FM CH 16. If permission for entry
into one of these safety zones is granted,
vessels must proceed at a minimum
speed for safe navigation.
(b) Regulated Navigation Area—(1)
Location. The following area is
designated as a regulated navigation
area: All waters of Swan Island Basin
south east from a line connecting the
following points: 45°34′04″ N,
122°42′57″ W and 45°34′00″ N,
122°43′03″ W.
VerDate Sep<11>2014
14:47 Aug 03, 2015
Jkt 235001
(2) Regulations. In accordance with
the general regulations in 33 CFR part
165 Subpart B, persons or vessels
desiring to exercise their First
Amendment right to free speech
regarding Royal Dutch Shell’s Arctic
drilling and exploration operations may
enter the regulated navigation area at
any time. All other persons or vessels
are advised to avoid the regulated
navigation area. When inside the
regulated navigation area, all vessels
must proceed at no wake speed and
with due regard for all other persons
and/or vessels inside the regulated
navigation area.
(c) Dates. This rule will be enforced
from July 22, 2015 through August 22,
2015.
Dated: July 22, 2015.
D.L. Cottrell,
Captain, U.S. Coast Guard, Acting
Commander, Thirteenth Coast Guard District.
[FR Doc. 2015–19120 Filed 8–3–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP21
Vet Centers
Department of Veterans Affairs.
Interim final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its medical
regulation that governs Vet Center
services. The National Defense
Authorization Act for Fiscal Year 2013
(the 2013 Act) requires Vet Centers to
provide readjustment counseling
services to broader groups of veterans,
members of the Armed Forces,
including a member of a reserve
component of the Armed Forces, and
family members of such veterans and
members. This interim final rule
amends regulatory criteria to conform to
the 2013 Act, to include new and
revised definitions.
DATES: Effective date: This rule is
effective on August 4, 2015.
Comment date: Comments must be
received by VA on or before October 5,
2015.
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
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
46197
submitted in response to ‘‘RIN 2900–
AP21—Vet Centers.’’ 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.
FOR FURTHER INFORMATION CONTACT:
Michael Fisher, Readjustment
Counseling Service (10RCS), Veterans
Health Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420; (202) 461–
6525. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On
September 17, 2013, VA promulgated 38
CFR 17.2000, which implemented VA’s
authority to provide readjustment
counseling services through Vet Centers
based on 38 U.S.C. 1712A, as amended
by the Caregivers and Veterans Omnibus
Health Services Act of 2010 (the 2010
Act), Public Law 111–163, sec. 304,
401(a) and (b). The 2010 Act amended
section 1712A to require VA to provide
readjustment counseling services to
certain servicemembers and veterans
who served on active duty in specific
theaters of combat operations, or in
certain areas in which hostilities
occurred. The 2010 Act also mandated
that VA provide readjustment
counseling to veterans and
servicemembers of Operation Enduring
Freedom and Operation Iraqi Freedom,
and the family members of such
veterans and servicemembers after the
veterans and servicemembers return
from deployment. Although not
expressly stated in the 2010 Act, VA
also considered veterans,
servicemembers, and the family
members of such veterans and
servicemembers who participated in
Operation New Dawn as eligible for
readjustment counseling. In
promulgating § 17.2000, VA
implemented the mandates in the 2010
Act, as well as interpreted section
1712A to permit VA to provide
readjustment counseling to family
members of all veterans that were
themselves eligible for readjustment
counseling. See 77 FR 14707 and 78 FR
57067. The term ‘‘servicemembers’’ as
used in § 17.2000 means a member of
the Armed Forces, including a member
of a reserve component of the Armed
Forces. We note, however, that the
terms servicemembers and member of
the Armed Forces, including a member
E:\FR\FM\04AUR1.SGM
04AUR1
]]>Agencies
[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Rules and Regulations]
[Pages 46194-46197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19120]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0543]
RIN 1625-AA00; 1625-AA11
Safety Zones and Regulated Navigation Area; Shell Arctic
Drilling/Exploration Vessel and Associated Voluntary First Amendment
Area, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones around
Royal Dutch Shell's (Shell) contracted vessel FENNICA, which is
participating in Shell's planned Arctic oil drilling and exploration
operations, while it is located in the U.S. Territorial and Internal
Waters of the Sector Columbia River Captain of the Port Zone. In
addition, the Coast Guard is establishing a regulated navigation area
to designate a Voluntary First Amendment Area for individuals that
desire to exercise their First Amendment free speech rights with
regards to Shell's operations. The safety zones and regulated
navigation area created by this rule are necessary to ensure the mutual
safety of all waterways users including the FENNICA and those
individuals that desire to exercise their First Amendment rights.
DATES: This rule is effective without actual notice from August 4, 2015
until August 22, 2015. For the purposes of enforcement, actual notice
will be used from July 22, 2015 until August 4, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0543 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 Lieutenant Commander Laura Springer, Waterways Management
Division, Coast Guard Marine Safety Unit Portland; telephone (503) 240-
2594, email Laura.M.Springer@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, 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 since the regulation is immediately necessary to help
ensure the safety of all waterway users including the Shell contracted
vessel FENNICA and those individuals that desire to exercise their
First Amendment rights regarding Shell's activities and holding a
notice and comment period at this time would delay regulatory
implementation beyond the arrival of the FENNICA and expected start of
First Amendment activities regarding Shell's operations, thereby
increasing the safety risk to all waterways users.
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. For reasons identical to those
described above, delaying the effective
[[Page 46195]]
date until 30 days after publication would be impracticable since the
regulation is immediately necessary to help ensure the safety of all
waterway users.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish limited access areas: 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.
Shell is planning Arctic oil drilling and exploration operations
for the summer of 2015. One of the Shell contracted vessels related to
these operations, FENNICA, has been damaged and will be returning to
Portland, Oregon for repairs. Over the last several months there has
been significant waterborne First Amendment activity related to Shell's
operations, particularly in the Puget Sound region, and the Coast Guard
believes there will be similar activity in the greater Portland area
related to FENNICA's presence there. The First Amendment activity
previously observed includes unauthorized boardings of Shell contracted
vessels and the formation of a ``kayak flotilla'' designed to protest
as well as attempt to block Shell contracted vessels from departing for
the Arctic.
Draft restrictions, vessel maneuvering characteristics, and
geographic/environmental conditions may constrain the ability of large
commercial vessels such as FENNICA to maneuver in close quarters with
other vessels, particularly small craft piloted by recreational
operators. Intentional close-in interaction of these vessels will
create an increased risk of collision, grounding, or personal injury
for all parties. Furthermore, while moored, at anchor, and in drydock
the FENNICA will have ongoing operations occurring onboard, some of
which could pose a safety risk to other maritime traffic. The myriad of
potential safety risks to all parties and the port itself is best
addressed by mandating a minimum zone of separation. For these reasons,
the Coast Guard believes that a safety zone around the FENNICA is
necessary to ensure the safety of all waterways users.
Additionally, the Coast Guard believes that given the nature of the
First Amendment activity expected and the likely type of vessels used
by individuals desiring to express their First Amendment rights, namely
kayaks and other small vessels, a regulated navigation area designating
a Voluntary First Amendment Area is necessary to ensure the safety of
those vessels and persons. The regulated navigation area encompassing
the Voluntary First Amendment Area would do so by establishing it as a
``no wake'' area, which is particularly important for small boats such
as kayaks, to better enable persons and vessels to congregate and
exercise their First Amendment rights safely and without interference
from or interfering with other maritime traffic.
C. Discussion of the Final Rule
In this rule, the Coast Guard is establishing safety zones around
the FENNICA, a Shell contracted vessel involved in the company's Arctic
oil drilling and exploration operations, and a regulated navigation
area for a Voluntary Free Speech Area that will allow individuals a
meaningful opportunity to be heard in exercising their First Amendment
rights while not compromising the safety of maritime traffic or the
individuals exercising their First Amendment rights.
The safety zones are established in subsection (a) of this
temporary regulation. Per subsection (a)(1)(i), while transiting, the
safety zone around FENNICA will encompass all waters within a rectangle
measuring 500 yards in front and 100 yards to the port, starboard, and
astern of that vessel and any other vessel actively engaged in towing
or escorting it. Per subsection (a)(1)(ii), while moored, anchored, or
in drydock, the safety zone around FENNICA will encompass all waters
within 100 yards of the vessel in all directions. Persons and/or
vessels that desire to enter these safety zones must request permission
to do so from the Captain of the Port, Columbia River by contacting the
Coast Guard Sector Columbia River Command Center at 866-284-6958 or
503-861-6211, or the on-scene Law Enforcement patrol craft, if any, via
VHF-FM CH 16.
The Coast Guard is also establishing a regulated navigation area to
ensure the safety of individuals that desire to exercise their First
Amendment rights related to Shell's activities in subsection (b) of
this regulation. The Voluntary First Amendment Area is being
established in an area where we believe individuals will be able to
effectively communicate their message, without posing an undue risk to
maritime safety, after analyzing maritime traffic patterns and other
environmental factors. The regulated navigation area encompassing the
Voluntary First Amendment Area will ensure the safety of small boats by
establishing it as a ``no wake'' area for persons and/or vessels to
congregate and exercise their First Amendment rights safely and without
interference from or interfering with other maritime traffic. The ``no
wake'' provisions will ensure all interactions between vessels within
the area occur at a low rate of speed, thereby reducing risk of
collision and personal injury. Likewise, the designation of a Voluntary
First Amendment Area will help to ensure that a large congregation of
vessels does not impede or endanger other commercial and recreational
users who are not associated with Shell's arctic drilling and
exploration operations or the associated First Amendment activity.
These provisions are particularly vital given the expected presence
of a ``kayak flotilla'' described above. Persons or vessels desiring to
exercise their First Amendment rights to free speech regarding Shell's
Arctic drilling and exploration operations may enter the regulated
navigation area at any time. All other persons or vessels are advised
to avoid the regulated navigation area. When inside the regulated
navigation area, all vessels must proceed at ``no wake'' speed and with
due regard for all other persons and/or vessels inside the regulated
navigation area.
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. This rule is not a
significant regulatory action as the safety zones and regulated
navigation area are limited in both size and duration and any person
and/or vessel needing to transit through the safety zones or regulated
navigation area may be allowed to do so in accordance with the
regulatory provisions.
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
[[Page 46196]]
``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 the affected waterways
when the safety zones and regulated navigation area are in effect. The
safety zones and regulated navigation area will not have a significant
economic impact on a substantial number of small entities, however,
because the safety zones and regulated navigation area are limited in
both size and duration and any person and/or vessel needing to transit
through the safety zones or regulated navigation area may be allowed to
do so in accordance with the regulatory provisions.
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 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. First Amendment Activities
The Coast Guard respects the First Amendment rights of all
individuals. This regulation establishes a regulated navigation area to
create a Voluntary First Amendment Area so that persons and vessels can
congregate and exercise their First Amendment free speech rights safely
and without interference from or interfering with other maritime
traffic. Of particular note, large vessels operating in restricted
waters cannot maneuver freely, nor can they stop immediately. As such,
any First Amendment activity taking place in immediate proximity to
such vessels can quickly result in extremis. The Voluntary First
Amendment Area has been located to allow individuals a meaningful
opportunity to be heard. Individuals that desire to exercise their
First Amendment rights are asked utilize the designated area to the
extent possible, however, its use is voluntary. Individuals that desire
to exercise their First Amendment rights outside the designated area
are requested to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate their activities so that
their message can be heard, 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 the establishment of temporary safety
zones and a regulated navigation area to deal with an emergency
situation that is one week or longer in duration. 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.
[[Page 46197]]
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. 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.
0
2. Add Sec. 165.T13-292 to read as follows:
Sec. 165.T13-292 Safety Zones and Regulated Navigation Area; Shell
Arctic Drilling/Exploration Vessel and Associated Voluntary First
Amendment Area, Portland, OR.
(a) Safety Zones--(1) Location. The following areas are designated
as safety zones:
(i) All waters within a rectangle measuring 500 yards in front and
100 yards to the port, starboard, and astern of the vessel FENNICA and
any other vessel actively engaged in towing or escorting it while
transiting within the U.S. Territorial or Internal Waters of the Sector
Columbia River Captain of the Port Zone as defined in 33 CFR 3.65-15.
(ii) All waters within 100 yards of the vessel FENNICA while
moored, anchored, or in drydock within the U.S. Territorial or Internal
Waters of the Sector Columbia River Captain of the Port Zone as defined
in 33 CFR 3.65-15.
(2) Regulations. In accordance with the general regulations in 33
CFR part 165 Subpart C, no persons or vessels may enter these safety
zones unless authorized by the Captain of the Port, Columbia River or
his designated representative. To request permission to enter one of
these safety zones contact the Coast Guard Sector Columbia River
Command Center at 866-284-6958 or 503-861-6211, or the on-scene Law
Enforcement patrol craft, if any, via VHF-FM CH 16. If permission for
entry into one of these safety zones is granted, vessels must proceed
at a minimum speed for safe navigation.
(b) Regulated Navigation Area--(1) Location. The following area is
designated as a regulated navigation area: All waters of Swan Island
Basin south east from a line connecting the following points:
45[deg]34'04'' N, 122[deg]42'57'' W and 45[deg]34'00'' N,
122[deg]43'03'' W.
(2) Regulations. In accordance with the general regulations in 33
CFR part 165 Subpart B, persons or vessels desiring to exercise their
First Amendment right to free speech regarding Royal Dutch Shell's
Arctic drilling and exploration operations may enter the regulated
navigation area at any time. All other persons or vessels are advised
to avoid the regulated navigation area. When inside the regulated
navigation area, all vessels must proceed at no wake speed and with due
regard for all other persons and/or vessels inside the regulated
navigation area.
(c) Dates. This rule will be enforced from July 22, 2015 through
August 22, 2015.
Dated: July 22, 2015.
D.L. Cottrell,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2015-19120 Filed 8-3-15; 8:45 am]
BILLING CODE 9110-04-P
