80 FR 22903 - Safety Zone: Giants Enterprises Fireworks Display, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 79 (April 24, 2015)

Page Range		22903-22906
FR Document		2015-09588

The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay near AT&T Park in support of Giants Enterprises Fireworks Display on May 22, 2015. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 80 Issue 79 (Friday, April 24, 2015)

[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Pages 22903-22906]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09588]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0221]
RIN 1625-AA00


Safety Zone: Giants Enterprises Fireworks Display, San Francisco 
Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the San Francisco Bay near AT&T Park in support of 
Giants Enterprises Fireworks Display on May 22, 2015. This safety zone 
is established to ensure the safety of participants and spectators from 
the dangers associated with pyrotechnics. Unauthorized persons or 
vessels are prohibited from entering into, transiting through, or 
remaining in the safety zone without permission of the Captain of the 
Port or their designated representative.

DATES: This rule is effective on May 22, 2015. This rule will be 
enforced from 11 a.m. to 9:30 p.m. on May 22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0221. To view documents

[[Page 22904]]

mentioned in this preamble as being available in the docket, go to 
http://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 Junior Grade Joshua V. Dykman, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-3585 or email at [email protected]. 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 as it would be impracticable due to the short 
notice of the event. The Coast Guard received the information about the 
fireworks display on March 24, 2015, and it would be impracticable to 
accept comments before the fireworks display. Because of the dangers 
posed by the pyrotechnics used in this fireworks display, the safety 
zone is necessary to provide for the safety of event participants, 
spectators, spectator craft, and other vessels transiting the event 
area.
    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 due to the short notice of the 
event.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1231; 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish safety zones.
    Giants Enterprises will sponsor the Giants Enterprises Fireworks 
Display on May 22, 2015, near Pier 48 in San Francisco, CA in 
approximate position 37[deg]46'40'' N, 122[deg]22'58'' W (NAD83) as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18650. From 11 a.m. until 8:50 p.m. on May 22, 2015, the 
fireworks barge will be loading pyrotechnics at Pier 50 in San 
Francisco, CA. From 8:50 p.m. to 9 p.m. on May 22, 2015 the loaded 
fireworks barge will transit from Pier 50 to the launch site near Pier 
48 in approximate position 37[deg]46'40'' N, 122[deg]22'58'' W (NAD 83) 
where it will remain until the commencement of the fireworks display. A 
10 minute fireworks display is scheduled to begin at 9:20 p.m. on May 
22, 2015.
    The fireworks display is meant for entertainment purposes. A 
restricted area around the fireworks barge is necessary to protect 
spectators, vessels, and other property from the hazards associated 
with pyrotechnics.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters 
around and under a fireworks barge within a radius of 100 feet during 
the loading, transit, and arrival of the fireworks barge to the display 
location and until the start of the fireworks display. The safety zone 
will increase in size and encompass the navigable waters around and 
under the fireworks barge within a radius of 700 feet in approximate 
position 37[deg]46'40'' N, 122[deg]22'58'' W (NAD 83) for the Giants 
Enterprises Fireworks Display. At the conclusion of the fireworks 
display the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the launch site until the conclusion of 
the scheduled display. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the restricted area. These regulations are needed to keep spectators 
and vessels away from the immediate vicinity of the launch site to 
ensure the safety of participants, spectators, and transiting vessels.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone is 
limited in duration, and is limited to a narrowly tailored geographic 
area. In addition, although this rule restricts access to the waters 
encompassed by the safety zone, the effect of this rule will not be 
significant because the local waterway users will be notified via 
public Broadcast Notice to Mariners to ensure the safety zone will 
result in minimum impact. The entities most likely to be affected are 
waterfront facilities, commercial vessels, and pleasure craft engaged 
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    This rule may affect owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zone is activated, vessel traffic could pass safely around the safety 
zone. The maritime public will be advised in advance of this safety 
zone via Broadcast Notice to Mariners.

[[Page 22905]]

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. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an 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 a safety zone of limited size and 
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. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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; 46 U.S.C. Chapter 701, 3306, 3707; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T11-693 to read as follows:


Sec.  165.T11-693  Safety Zone; Giants Enterprises Fireworks Display, 
San Francisco Bay, San Francisco, CA.

    (a) Location. This temporary safety zone is established in the 
navigable waters of the San Francisco Bay near Pier 48 in San 
Francisco, CA as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18650. From 11 a.m. until 9:20 p.m. on May 
22, 2015, the temporary safety zone applies to the nearest point of the 
fireworks barge within a radius of 100 feet during the loading, 
transit, and arrival of the fireworks barge from Pier 50 to the launch 
site near Pier 48 in approximate position 37[deg]46'40'' N, 
122[deg]22'58'' W (NAD83). From 9:20 p.m. until 9:30 p.m. on May 22, 
2015, the temporary safety zone will increase in size and encompass the 
navigable waters around and under the fireworks barge in approximate 
position 37[deg]46'40'' N, 122[deg]22'58'' W (NAD83) within a radius of 
700 feet.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 11 a.m. through 9:30 p.m. on May 22, 
2015. The

[[Page 22906]]

Captain of the Port San Francisco (COTP) will notify the maritime 
community of periods during which this zone will be enforced via 
Broadcast Notice to Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP to assist in the patrol and enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: April 7, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-09588 Filed 4-23-15; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations 22903

message can be received without 14. Environment (2) Non-participant persons and
jeopardizing the safety or security of We have analyzed this rule under vessels desiring to enter, transit through,
people, places or vessels. Department of Homeland Security anchor in, or remain within the
Management Directive 023–01 and regulated area may contact the Captain
7. Unfunded Mandates Reform Act
Commandant Instruction M16475.lD, of the Port St. Petersburg by telephone
The Unfunded Mandates Reform Act at (727) 824–7506, or a designated
which guide the Coast Guard in
of 1995 (2 U.S.C. 1531–1538) requires representative via VHF radio on channel
complying with the National
Federal agencies to assess the effects of 16. If authorization to enter, transit
Environmental Policy Act of 1969
their discretionary regulatory actions. In through, anchor in, or remain within the
(NEPA) (42 U.S.C. 4321–4370f), and
particular, the Act addresses actions regulated area is granted by the Captain
have determined that this action is one
that may result in the expenditure by a of the Port St. Petersburg or a designated
of a category of actions that do not
State, local, or tribal government, in the representative, all persons and vessels
individually or cumulatively have a
aggregate, or by the private sector of receiving such authorization must
significant effect on the human
$100,000,000 (adjusted for inflation) or comply with the instructions of the
environment. This rule is categorically
more in any one year. Though this rule Captain of the Port St. Petersburg or a
excluded, under figure 2–1, paragraph
will not result in such an expenditure, designated representative.
(34)(g), of the Instruction. This rule
we do discuss the effects of this rule (3) The Coast Guard will provide
involves establishing a temporary safety
elsewhere in this preamble. notice of the regulated area by Local
zone that will be enforced for 17 hours
Notice to Mariners, Broadcast Notice to
8. Taking of Private Property total. An environmental analysis
Mariners, and/or on-scene designated
This rule will not cause a taking of checklist and a categorical exclusion
representatives.
private property or otherwise have determination are available in the (d) Enforcement date. This rule will
taking implications under Executive docket where indicated under be enforced from 4 a.m. until 9 p.m. on
Order 12630, Governmental Actions and ADDRESSES.
April 25, 2015.
Interference with Constitutionally List of Subjects in 33 CFR Part 165 Dated: April 1, 2015.
Protected Property Rights.
Harbors, Marine safety, Navigation G. D. Case,
9. Civil Justice Reform (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the
requirements, Security measures, Port St. Petersburg.
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive Waterways. [FR Doc. 2015–09580 Filed 4–23–15; 8:45 am]
Order 12988, Civil Justice Reform, to For the reasons discussed in the BILLING CODE 9110–04–P

minimize litigation, eliminate preamble, the Coast Guard amends 33
ambiguity, and reduce burden. CFR part 165 as follows:
DEPARTMENT OF HOMELAND
10. Protection of Children PART 165—REGULATED NAVIGATION SECURITY
We have analyzed this rule under AREAS AND LIMITED ACCESS AREAS
Coast Guard
Executive Order 13045, Protection of
Children from Environmental Health ■ 1. The authority citation for part 165
continues to read as follows: 33 CFR Part 165
Risks and Safety Risks. This rule is not
an economically significant rule and Authority: 33 U.S.C. 1231; 50 U.S.C. 191; [Docket No. USCG–2015–0221]
does not create an environmental risk to 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation RIN 1625–AA00
health or risk to safety that may
disproportionately affect children. No. 0170.1.
Safety Zone: Giants Enterprises
■ 2. Add a temporary § 165.T07–0071 to Fireworks Display, San Francisco Bay,
11. Indian Tribal Governments
read as follows: San Francisco, CA
This rule does not have tribal
implications under Executive Order § 165.T07–0071 Safety Zone; 24 Mile AGENCY: Coast Guard, DHS.
13175, Consultation and Coordination Tampa Bay Marathon Swim, Tampa Bay; ACTION: Temporary final rule.
Tampa, FL.
with Indian Tribal Governments,
(a) The following regulated area is a SUMMARY: The Coast Guard is
because it does not have a substantial
safety zone: All waters within a 50-yard establishing a temporary safety zone in
direct effect on one or more Indian
radius around safety vessels including the navigable waters of the San
tribes, on the relationship between the
kayaks. Francisco Bay near AT&T Park in
Federal Government and Indian tribes,
(b) Definition. The term ‘‘designated support of Giants Enterprises Fireworks
or on the distribution of power and
representative’’ means Coast Guard Display on May 22, 2015. This safety
responsibilities between the Federal
Patrol Commanders, including Coast zone is established to ensure the safety
Government and Indian tribes.
Guard coxswains, petty officers, and of participants and spectators from the
12. Energy Effects other officers operating Coast Guard dangers associated with pyrotechnics.
This action is not a ‘‘significant vessels, and Federal, state, and local Unauthorized persons or vessels are
energy action’’ under Executive Order officers designated by or assisting the prohibited from entering into, transiting
13211, Actions Concerning Regulations Captain of the Port St. Petersburg in the through, or remaining in the safety zone
That Significantly Affect Energy Supply, enforcement of the regulated areas. without permission of the Captain of the
Distribution, or Use. (c) Regulations. (1) Non-participant Port or their designated representative.
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persons and vessels are prohibited from DATES: This rule is effective on May 22,
13. Technical Standards entering, transiting through, anchoring 2015. This rule will be enforced from 11
This rule does not use technical in or remaining within the regulated a.m. to 9:30 p.m. on May 22, 2015.
standards. Therefore, we did not area unless authorized by the Captain of ADDRESSES: Documents mentioned in
consider the use of voluntary consensus the Port St. Petersburg or a designated this preamble are part of docket USCG–
standards. representative. 2015–0221. To view documents

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22906 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations

Captain of the Port San Francisco time goals of the Veterans Health December 16, 2014, when the President
(COTP) will notify the maritime Administration or who qualify based on signed into law the Consolidated and
community of periods during which this their place of residence (hereafter Further Continuing Appropriations Act,
zone will be enforced via Broadcast referred to as the Veterans Choice 2015 (Pub. L. 113–235, 128 Stat. 2568).
Notice to Mariners in accordance with Program, or the ‘‘Program’’). VA Section 101 of the Act creates the
33 CFR 165.7. published an interim final rule Veterans Choice Program (‘‘the
(c) Definitions. As used in this implementing the Veterans Choice Program’’). Section 101 requires the
section, ‘‘designated representative’’ Program on November 5, 2014. Under Secretary to enter into agreements with
means a Coast Guard Patrol current law, VA uses a straight-line or identified eligible non-VA entities or
Commander, including a Coast Guard geodesic distance to determine providers to furnish hospital care and
coxswain, petty officer, or other officer eligibility based on place of residence. medical services to eligible veterans
on a Coast Guard vessel or a Federal, This interim final rule modifies how VA who elect to receive care under the
State, or local officer designated by or measures the distance from a veteran’s Program. Sec. 101(a)(1)(A), Public Law
assisting the COTP to assist in the patrol residence to the nearest VA medical 113–146, 128 Stat. 1754. Veterans are
and enforcement of the safety zones. facility. This modified standard will eligible for the Program if they meet
(d) Regulations. (1) Under the general consider the distance the veteran must eligibility criteria identified in the Act;
regulations in 33 CFR part 165, subpart drive to the nearest VA medical facility, one criterion for eligibility is that a
C, entry into, transiting or anchoring rather than the straight-line or geodesic veteran who meets initial eligibility
within this safety zone is prohibited distance to such a facility. standards (being enrolled as of August
unless authorized by the COTP or a DATES: Effective Date: This rule is 1, 2014, or who qualifies based on being
designated representative. effective on April 24, 2015. recently separated from the Armed
(2) The safety zone is closed to all Comment date: Comments must be Forces following service in a theater of
vessel traffic, except as may be received on or before May 26, 2015. combat operations) can participate in
permitted by the COTP or a designated ADDRESSES: Written comments may be the Program if he or she resides more
representative. submitted by email through http:// than 40 miles from the medical facility
(3) Vessel operators desiring to enter www.regulations.gov; by mail or hand- of the Department, including a
or operate within the safety zone must delivery to Director, Regulation Policy community-based outpatient clinic, that
contact the COTP or a designated and Management (02REG), Department is closest to the residence of the veteran.
representative to obtain permission to of Veterans Affairs, 810 Vermont Sec. 101(b)(2)(B), Public Law 113–146,
do so. Vessel operators given permission Avenue NW., Room 1068, Washington, 128 Stat. 1754. The Act required VA to
to enter or operate in the safety zone DC 20420; or by fax to (202) 273–9026. implement the Program through an
must comply with all directions given to (This is not a toll-free number.) interim final rule, and on November 5,
them by the COTP or a designated Comments should indicate that they are 2014, the Department of Veterans
representative. Persons and vessels may submitted in response to ‘‘RIN 2900– Affairs (VA) published an interim final
request permission to enter the safety AP24-Driving Distance Eligibility for the rulemaking implementing the Program
zone on VHF–23A or through the 24- Veterans Choice Program.’’ Copies of by creating new regulations at 38 CFR
hour Command Center at telephone comments received will be available for 17.1500–17.1540. 79 FR 65571. Under
(415) 399–3547. public inspection in the Office of § 17.1510(b)(2), veterans whose
Regulation Policy and Management, residence is more than 40 miles from
Dated: April 7, 2015. the VA medical facility that is closest to
Room 1068, between the hours of 8:00
Gregory G. Stump, the veteran’s residence are eligible.
a.m. and 4:30 p.m. Monday through
Captain, U.S. Coast Guard, Captain of the Friday (except holidays). Please call The Act states that a veteran must
Port San Francisco. reside more than 40 miles from the
(202) 461–4902 for an appointment.
[FR Doc. 2015–09588 Filed 4–23–15; 8:45 am] (This is not a toll-free number.) In medical facility of the Department that
BILLING CODE 9110–04–P addition, during the comment period, is closest to the residence of the veteran,
comments may be viewed online but does not state how that distance
through the Federal Docket Management should be calculated. When Congress
DEPARTMENT OF VETERANS System (FDMS) at http:// has not directly addressed the precise
AFFAIRS www.regulations.gov. question at issue—here the method for
calculating distance—a Federal agency
38 CFR Part 17 FOR FURTHER INFORMATION CONTACT: charged with implementing a statute is
Kristin Cunningham, Director, Business permitted to make a reasonable
RIN 2900–AP24 Policy, Chief Business Office (10NB), interpretation of that statute. See
Veterans Health Administration, Chevron, U.S.A., Inc., v. Natural
Driving Distance Eligibility for the Department of Veterans Affairs, 810
Veterans Choice Program Resources Defense Council, Inc., 467
Vermont Avenue NW., Washington, DC U.S. 837, 843–844 (1984). Accordingly,
AGENCY: Department of Veterans Affairs. 20420, (202) 382–2508. (This is not a VA may, through rulemaking, define the
ACTION: Interim final rule. toll-free number.) methodology it will use to calculate
SUPPLEMENTARY INFORMATION: On August such distances between a veteran’s
SUMMARY: The Department of Veterans 7, 2014, the President signed into law residence and the nearest VA medical
Affairs (VA) amends its medical the Veterans Access, Choice, and facility.
regulations implementing section 101 of Accountability Act of 2014 (‘‘the Act,’’ The most common methodologies for
the Veterans Access, Choice, and Pub. L. 113–146, 128 Stat. 1754). calculating the distance between two
tkelley on DSK3SPTVN1PROD with RULES

Accountability Act of 2014, which Further technical revisions to the Act places are by using a straight-line and
directed VA to establish a program to were made on September 26, 2014, by following the actual driving path
furnish hospital care and medical when the President signed into law the between the two points. In the interim
services through eligible non-VA health Department of Veterans Affairs Expiring final rule published in November, VA
care providers to eligible veterans who Authorities Act of 2014 (Pub. L. 113– determined that it would use the
either cannot be seen within the wait- 175, 128 Stat. 1901, 1906), and on straight-line distance between the

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Document Created: 2015-12-16 08:43:20
Document Modified: 2015-12-16 08:43:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective on May 22, 2015. This rule will be enforced from 11 a.m. to 9:30 p.m. on May 22, 2015.
Contact		If you have questions on this rule, call or email Lieutenant Junior Grade Joshua V. Dykman, U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585 or email at D11- [email protected] If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation		80 FR 22903
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 22903 - Safety Zone: Giants Enterprises Fireworks Display, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 79 (April 24, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard