Safety Zone; Mamala Bay, Oahu, HI, 51767-51770 [2017-24290]
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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
Regulation and Controlling Regulatory
Costs’’’ (April 5, 2017).
As previously explained, the
Evergreen Point Floating Bridge was
removed from Lake Washington and
replaced with a fixed bridge in 2016 and
no longer operates as a drawbridge. The
removal of the operating schedule from
33 CFR part 117, subpart B, will have
no effect on the movement of waterway
or land traffic, but will serve to remove
an outdated and obsolete provision from
the CFR.
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B. 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.
For the reasons stated in section IV.A
above this final rule would not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, 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.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
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Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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.
51767
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
§ 117.1049
■
[Removed]
2. Remove § 117.1049.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2017–24292 Filed 11–7–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
E. Unfunded Mandates Reform Act
33 CFR Part 165
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.
[Docket Number USCG–2017–0982]
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32) (e), of the
Instruction.
A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
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RIN 1625–AA00
Safety Zone; Mamala Bay, Oahu, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
On October 10, 2017, the
commercial fishing vessel PACIFIC
PARADISE ran aground off of the
navigable waters of Mamala Bay
approximately 400 yards southwest of
Kaimana Beach, Oahu, Hawaii. The
Coast Guard established a temporary
safety zone around the grounded vessel
to facilitate vessel salvage operations
and on October 18, 2017, the safety zone
was extended for two additional weeks.
To date, the vessel remains grounded.
Accordingly, effective November 1,
2017, the Coast Guard extends the safety
zone for an additional thirty days to
facilitate ongoing salvage and
subsequent removal operations. The
extension of this safety zone is
necessary to protect personnel, vessels
and the marine environmental from
potential hazards associated with
ongoing operations to salvage and
remove a grounded vessel in this area.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
(COTP) Honolulu.
DATES: This rule is effective without
actual notice from November 8, 2017
SUMMARY:
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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
until 8:00 a.m. on December 1, 2017. For
the purposes of enforcement, actual
notice will be used from 8:00 a.m. on
November 1, 2017 until November 8,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0982 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander John
Bannon, Waterways Management
Division, U.S. Coast Guard Sector
Honolulu at (808) 541–4359 or
john.e.bannon@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
TFR Temporary final rule
U.S.C. United States Code
II. Background Information and
Regulatory History
On October 10, 2017, the fishing
vessel PACIFIC PARADISE ran aground
off of the navigable waters of Mamala
Bay approximately 400 yards southwest
of Kaimana Beach, Oahu, Hawaii at
position 21°15.69′ N.; 157°49.49′ W. On
October 11, 2017, the Coast Guard
established a seven day temporary
safety zone encompassing all waters
extending 500 yards in all directions
around the grounded vessel to facilitate
vessel salvage operations and protect
personnel, vessels and the marine
environment from the hazards
associated with them. Due to the
emergent nature of the grounding and
subsequent removal operations, the
temporary final rule (TFR) safety zone
was not initially published in the
Federal Register. On October 18, 2017,
the safety zone was extended for two
additional weeks to account for delays
in salvage operations due to ocean and
weather conditions. The safety zone
extension was published in the Federal
Register (82 FR 49111) on October 24,
2017. Ongoing challenges with the
salvage efforts necessitate a second
extension, this for thirty days, of the
safety zone.
The safety zone continues to
encompass all waters extending 500
yards in all directions around the
grounded fishing vessel located
approximately 400 yards southwest of
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Kaimana Beach at position 21°15.69′ N.;
157°49.49′ W. When the vessel is off the
reef, the safety zone will shift to a
moving safety zone extending 500 yards
in all directions around the vessel and
continue until the removal operation is
complete.
The Coast Guard is extending the
existing safety zone without prior notice
and opportunity to comment pursuant
to authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
initial estimate to salvage the vessel
from the grounding was estimated at
one week or less. Immediate action
remains needed to respond to the safety
hazards associated with this fishing
vessel salvage effort for an estimated
additional thirty days. Therefore,
publishing an NPRM is impracticable
and contrary to public interest.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register. For
the same reasons stated in the preceding
paragraph, delaying the effective period
of this safety zone would be
impracticable and contrary to the public
interest.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
pursuant to 33 U.S.C. 1231. On October
10, 2017, the Coast Guard was informed
the commercial fishing vessel PACIFIC
PARADISE ran aground in Mamala Bay,
Oahu, Hawaii, near Waikiki’s Kaimana
Beach. Coast Guard COTP Sector
Honolulu determined that potential
hazards associated with the salvage and
removal operations constituted a safety
concern and thus established a safety
zone to protect personnel, vessels, and
the marine environment during ongoing
operations to remove the grounded
vessel from a reef in high winds and
seas followed by the towing and
disposal of the disabled vessel.
IV. Discussion of the Rule
This rule is effective from 8:00 a.m.
on November 1, 2017 through 8:00 a.m.
on December 1, 2017, or until salvage
operations are complete, whichever is
earlier. If the safety zone is terminated
prior to 8:00 a.m. on December 1, 2017,
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the Coast Guard will provide notice via
a broadcast notice to mariners.
The temporary safety zone
encompasses all waters extending 500
yards in all directions around the
location of the grounded vessel 400
yards southwest of Kaimana Beach near
position: 21°15.69′ N.; 157°49.49′ W.
This zone extends from the surface of
the water to the ocean floor. The safety
zone is currently stationary around the
grounded vessel. When the vessel is
removed from the reef, the safety zone
will shift to a moving safety zone and
remain so until the tow and disposal
operation is complete. The zone shall
continue to encompass 500 yards in all
directions around the commercial
fishing vessel. When the vessel is off the
reef and removal operations commence,
the Coast Guard will provide notice via
a broadcast notice to mariners. No
vessel or person will be permitted to
enter the safety zone absent the express
authorization of the COTP Honolulu or
his designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone away from the
reef or during the salvage tow, which
would impact only a small designated
area of the waters off Kaimana Beach
and Waikiki where vessel traffic is
normally low. Closer to shore, the
waterway is used primarily for beach
recreation activities. Offshore of the
beach, waterway traffic is primarily
tourism related operations which will
not be affected by the tow due to the
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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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open space in the area. Moreover,
vessels wishing to enter the zone may
seek permission as set forth below.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator. The safety zone is limited
in size and duration, and the location of
the grounded vessel is not in an actively
used navigable waterway. Once the
vessel is free from the reef, the tow
evolution will not impact existing
waterway users. Furthermore, mariners
may request to enter the zone by
contacting the COTP.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
VerDate Sep<11>2014
16:22 Nov 07, 2017
Jkt 244001
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone extension for duration of thirty
additional days, or until the salvage
operation is suspended. It is
categorically excluded from further
review under paragraph 34(g) of Figure
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51769
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165— REGULATED
NAVIGATION AREAS AND LIMITED
ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T14–0982 to read as
follows:
■
§ 165.T14–0982
Oahu, HI.
Safety Zone; Mamala Bay,
(a) Location. The safety zone is
located within the COTP Honolulu Zone
(See 33 CFR 3.70–10) and will
encompass all navigable waters
extending 500 yards in all directions
from the fishing vessel PACIFIC
PARADISE, which is grounded on a reef
approximately 400 yards southwest of
Kaimana Beach at position: 21°15.69′
N.; 157°49.49′ W. Once the commercial
fishing vessel PACIFIC PARADISE is
removed from the reef, the safety zone
will become a moving safety zone
extending 500 yards in all directions
from the vessel to facilitate the towing
and disposal of the vessel. The safety
zone will be enforced and throughout
the salvage, transit and removal
operations within Mamala Bay, Keehi
Lagoon, or Honolulu Harbor. This zone
extends from the surface of the water to
the ocean floor.
(b) Enforcement period. This rule is
effective from 8:00 a.m. on November 1,
2017 through 8:00 a.m. on December 1,
2017, or until salvage recovery
operations are complete, whichever is
earlier. If the safety zone is terminated
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prior to 8:00 a.m. on December 1, 2017,
the Coast Guard will provide notice via
a broadcast notice to mariners.
(c) Regulations. The general
regulations governing safety zones
contained in § 165.23 apply to the safety
zone created by this temporary final
rule.
(1) All persons are required to comply
with the general regulations governing
safety zones found in this part.
(2) Entry into or remaining in this
zone is prohibited unless expressly
authorized by the COTP Honolulu or his
designated representative.
(3) Persons desiring to transit the
stationary or moving safety zone
identified in paragraph (a) of this
section may contact the COTP at the
Command Center telephone number
(808) 842–2600 and (808) 842–2601, fax
(808) 842–2642 or on VHF channel 16
(156.8 Mhz) to seek permission to
transit the zone. If permission is
granted, all persons and vessels must
comply with the instructions of the
COTP Honolulu or his designated
representative and proceed at the
minimum speed necessary to maintain a
safe course while in the zone.
(4) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Notice of enforcement. The COTP
will provide notice of enforcement of
the safety zone described in this section
via verbal broadcasts and written notice
to mariners and the general public.
(e) Definitions. As used in this
section, ‘‘designated representative’’
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the COTP to assist in
enforcing the safety zone described in
paragraph (a) of this section.
Dated: November 2, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2017–24290 Filed 11–7–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
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RIN 2900–AP83
Ecclesiastical Endorsing
Organizations
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its medical
SUMMARY:
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16:22 Nov 07, 2017
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regulations by establishing in regulation
the eligibility requirements that
ecclesiastical endorsing organizations
must meet in order to provide
ecclesiastical endorsements of
individuals seeking employment as VA
chaplains, or of individuals who are
seeking to be engaged by VA under
contract or appointed as on-facility fee
basis VA chaplains under the United
States Code. VA considers veterans’
spiritual care an integral part of their
overall health care. As such, VA is
committed to providing qualified VA
chaplains to address the veterans’
spiritual needs by engaging chaplains
that are ecclesiastically endorsed.
Ecclesiastical endorsement certifies that
the individual is qualified to perform all
the religious sacraments, rites, rituals,
ceremonies and ordinances needed by
members of a particular faith.
DATES: This final rule is effective
December 8, 2017.
FOR FURTHER INFORMATION CONTACT: John
Batten, Program Analyst, National
Chaplain Center, Veterans Health
Administration, Department of Veterans
Affairs Medical Center, 100
Emancipation Dr., Hampton, VA 23667;
(757) 728–7062 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on January 5, 2017, VA
proposed to establish in its medical
regulations the eligibility requirements
that ecclesiastical endorsing
organizations must meet in order to
provide ecclesiastical endorsements of
individuals seeking employment as VA
chaplains or of individuals who are
seeking to be engaged by VA under
contract or appointed as on-facility fee
basis VA chaplains under 38 U.S.C.
7405. See 82 FR 1288. VA provided a
60-day comment period, which ended
on March 6, 2017. We received two
comments on the proposed rule. Under
38 CFR 17.33, VA must make available
to each patient the opportunity for
religious worship. The VA National
Chaplain Service was established on
August 1, 1945, to provide veterans the
opportunity for such worship and other
forms of spiritual care. VA employs
chaplains in accordance with 5 CFR
213.3102(a) to provide for the spiritual
component of health care in accordance
to the spiritual needs of veterans. VA
may employ chaplains in temporary
appointments, on an on-facility fee basis
appointment under 38 U.S.C. 7405, and
may engage chaplains under contract.
By requiring that chaplains be
ecclesiastically endorsed, VA ensures
that chaplains are qualified to perform
the rites, rituals, or ceremonies that are
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unique to each faith. Before the year
2000, VA did not have a process in
place to address endorsement of
chaplains and relied on criteria
established by the Department of
Defense’s (DoD) Armed Forces Chaplain
Board (AFCB) at DoD Instruction
1304.28. Under this criteria, an
individual cannot serve as chaplain
unless he or she is endorsed by an
ecclesiastical endorsing organization.
The purpose is to ensure that the
chaplain is recognized as an individual
who is authorized by that organization
to perform pastoral duties. The
ecclesiastical endorsing organization
must submit a request to VA to
designate an ecclesiastical endorser.
This request provides VA with the
information on the ecclesiastical
endorsing organization and identifies
the individual whom the organization
designates as the official authorized to
sign ecclesiastical endorsements. VA
reviews the information provided and
approves the request.
Before the year 2000, VA accepted
endorsements from ecclesiastical
endorsing organizations recognized by
DoD to perform this function as a means
of avoiding duplication of effort on VA’s
part and because such organizations
would be better able to address veterans’
needs, having provided for the veterans’
spiritual care while on active duty. In
1998, VA determined that it needed to
establish its own policy on accepting
ecclesiastical endorsements. The
rationale was that there might be
organizations that would endorse
members seeking to work for VA, but
would not permit their members to
work as military chaplains, either for
theological or other reasons. VA has
been successfully implementing since
the year 2000, via internal policy, the
eligibility requirements that
ecclesiastical endorsing organizations
must meet to endorse individuals who
are seeking employment as VA
chaplains or of individuals who are
seeking to be engaged by VA under
contract or appointed as on-facility fee
basis VA chaplains under 38 U.S.C.
7405.1 However, VA subsequently
determined a formal rulemaking is
prudent in order to make the process
transparent as well as safeguard VA
from the appearance of favoritism of an
ecclesiastical endorsing organization
over another. We are establishing this
process in 38 CFR 17.655.
One commenter stated that the
proposed rule appears to favor one faith
1 Ecclesiastical Endorsing Organizations, VHA
Handbook 1111.01 and VHA related policy VHA
Directive 1111, Spiritual and Pastoral Care, which
incorporates by specific reference the terms of VHA
HB 1111.01.
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]]>Agencies
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51767-51770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24290]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0982]
RIN 1625-AA00
Safety Zone; Mamala Bay, Oahu, HI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: On October 10, 2017, the commercial fishing vessel PACIFIC
PARADISE ran aground off of the navigable waters of Mamala Bay
approximately 400 yards southwest of Kaimana Beach, Oahu, Hawaii. The
Coast Guard established a temporary safety zone around the grounded
vessel to facilitate vessel salvage operations and on October 18, 2017,
the safety zone was extended for two additional weeks. To date, the
vessel remains grounded. Accordingly, effective November 1, 2017, the
Coast Guard extends the safety zone for an additional thirty days to
facilitate ongoing salvage and subsequent removal operations. The
extension of this safety zone is necessary to protect personnel,
vessels and the marine environmental from potential hazards associated
with ongoing operations to salvage and remove a grounded vessel in this
area. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) Honolulu.
DATES: This rule is effective without actual notice from November 8,
2017
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until 8:00 a.m. on December 1, 2017. For the purposes of enforcement,
actual notice will be used from 8:00 a.m. on November 1, 2017 until
November 8, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0982 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Bannon, Waterways Management
Division, U.S. Coast Guard Sector Honolulu at (808) 541-4359 or
john.e.bannon@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
TFR Temporary final rule
U.S.C. United States Code
II. Background Information and Regulatory History
On October 10, 2017, the fishing vessel PACIFIC PARADISE ran
aground off of the navigable waters of Mamala Bay approximately 400
yards southwest of Kaimana Beach, Oahu, Hawaii at position
21[deg]15.69' N.; 157[deg]49.49' W. On October 11, 2017, the Coast
Guard established a seven day temporary safety zone encompassing all
waters extending 500 yards in all directions around the grounded vessel
to facilitate vessel salvage operations and protect personnel, vessels
and the marine environment from the hazards associated with them. Due
to the emergent nature of the grounding and subsequent removal
operations, the temporary final rule (TFR) safety zone was not
initially published in the Federal Register. On October 18, 2017, the
safety zone was extended for two additional weeks to account for delays
in salvage operations due to ocean and weather conditions. The safety
zone extension was published in the Federal Register (82 FR 49111) on
October 24, 2017. Ongoing challenges with the salvage efforts
necessitate a second extension, this for thirty days, of the safety
zone.
The safety zone continues to encompass all waters extending 500
yards in all directions around the grounded fishing vessel located
approximately 400 yards southwest of Kaimana Beach at position
21[deg]15.69' N.; 157[deg]49.49' W. When the vessel is off the reef,
the safety zone will shift to a moving safety zone extending 500 yards
in all directions around the vessel and continue until the removal
operation is complete.
The Coast Guard is extending the existing safety zone without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the initial estimate to salvage the
vessel from the grounding was estimated at one week or less. Immediate
action remains needed to respond to the safety hazards associated with
this fishing vessel salvage effort for an estimated additional thirty
days. Therefore, publishing an NPRM is impracticable and contrary to
public interest.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. For the same reasons
stated in the preceding paragraph, delaying the effective period of
this safety zone would be impracticable and contrary to the public
interest.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule pursuant to 33 U.S.C. 1231. On
October 10, 2017, the Coast Guard was informed the commercial fishing
vessel PACIFIC PARADISE ran aground in Mamala Bay, Oahu, Hawaii, near
Waikiki's Kaimana Beach. Coast Guard COTP Sector Honolulu determined
that potential hazards associated with the salvage and removal
operations constituted a safety concern and thus established a safety
zone to protect personnel, vessels, and the marine environment during
ongoing operations to remove the grounded vessel from a reef in high
winds and seas followed by the towing and disposal of the disabled
vessel.
IV. Discussion of the Rule
This rule is effective from 8:00 a.m. on November 1, 2017 through
8:00 a.m. on December 1, 2017, or until salvage operations are
complete, whichever is earlier. If the safety zone is terminated prior
to 8:00 a.m. on December 1, 2017, the Coast Guard will provide notice
via a broadcast notice to mariners.
The temporary safety zone encompasses all waters extending 500
yards in all directions around the location of the grounded vessel 400
yards southwest of Kaimana Beach near position: 21[deg]15.69' N.;
157[deg]49.49' W. This zone extends from the surface of the water to
the ocean floor. The safety zone is currently stationary around the
grounded vessel. When the vessel is removed from the reef, the safety
zone will shift to a moving safety zone and remain so until the tow and
disposal operation is complete. The zone shall continue to encompass
500 yards in all directions around the commercial fishing vessel. When
the vessel is off the reef and removal operations commence, the Coast
Guard will provide notice via a broadcast notice to mariners. No vessel
or person will be permitted to enter the safety zone absent the express
authorization of the COTP Honolulu or his designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size, location
and duration of the safety zone. Vessel traffic will be able to safely
transit around this safety zone away from the reef or during the
salvage tow, which would impact only a small designated area of the
waters off Kaimana Beach and Waikiki where vessel traffic is normally
low. Closer to shore, the waterway is used primarily for beach
recreation activities. Offshore of the beach, waterway traffic is
primarily tourism related operations which will not be affected by the
tow due to the
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open space in the area. Moreover, vessels wishing to enter the zone may
seek permission as set forth below.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. The safety zone is limited in size and
duration, and the location of the grounded vessel is not in an actively
used navigable waterway. Once the vessel is free from the reef, the tow
evolution will not impact existing waterway users. Furthermore,
mariners may request to enter the zone by contacting the COTP.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
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. If you believe this
rule has implications for federalism or Indian tribes, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone extension for duration of thirty additional
days, or until the salvage operation is suspended. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.T14-0982 to read as follows:
Sec. 165.T14-0982 Safety Zone; Mamala Bay, Oahu, HI.
(a) Location. The safety zone is located within the COTP Honolulu
Zone (See 33 CFR 3.70-10) and will encompass all navigable waters
extending 500 yards in all directions from the fishing vessel PACIFIC
PARADISE, which is grounded on a reef approximately 400 yards southwest
of Kaimana Beach at position: 21[deg]15.69' N.; 157[deg]49.49' W. Once
the commercial fishing vessel PACIFIC PARADISE is removed from the
reef, the safety zone will become a moving safety zone extending 500
yards in all directions from the vessel to facilitate the towing and
disposal of the vessel. The safety zone will be enforced and throughout
the salvage, transit and removal operations within Mamala Bay, Keehi
Lagoon, or Honolulu Harbor. This zone extends from the surface of the
water to the ocean floor.
(b) Enforcement period. This rule is effective from 8:00 a.m. on
November 1, 2017 through 8:00 a.m. on December 1, 2017, or until
salvage recovery operations are complete, whichever is earlier. If the
safety zone is terminated
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prior to 8:00 a.m. on December 1, 2017, the Coast Guard will provide
notice via a broadcast notice to mariners.
(c) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply to the safety zone created by this
temporary final rule.
(1) All persons are required to comply with the general regulations
governing safety zones found in this part.
(2) Entry into or remaining in this zone is prohibited unless
expressly authorized by the COTP Honolulu or his designated
representative.
(3) Persons desiring to transit the stationary or moving safety
zone identified in paragraph (a) of this section may contact the COTP
at the Command Center telephone number (808) 842-2600 and (808) 842-
2601, fax (808) 842-2642 or on VHF channel 16 (156.8 Mhz) to seek
permission to transit the zone. If permission is granted, all persons
and vessels must comply with the instructions of the COTP Honolulu or
his designated representative and proceed at the minimum speed
necessary to maintain a safe course while in the zone.
(4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(d) Notice of enforcement. The COTP will provide notice of
enforcement of the safety zone described in this section via verbal
broadcasts and written notice to mariners and the general public.
(e) Definitions. As used in this section, ``designated
representative'' means any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the COTP to assist in enforcing the
safety zone described in paragraph (a) of this section.
Dated: November 2, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-24290 Filed 11-7-17; 8:45 am]
BILLING CODE 9110-04-P
