82 FR 51767 - Safety Zone; Mamala Bay, Oahu, HI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 215 (November 8, 2017)
Coast Guard
Federal Register Volume 82, Issue 215 (November 8, 2017)
| Page Range | 51767-51770 | |
| FR Document | 2017-24290 |
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)] [Rules and Regulations] [Pages 51767-51770] From the Federal Register Online [www.thefederalregister.org] [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. ----------------------------------------------------------------------- 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 [[Page 51768]] 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 http://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 [email protected]. 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 [[Page 51769]] 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 [[Page 51770]] 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
![Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51767
Regulation and Controlling Regulatory Reduction Act of 1995 (44 U.S.C. 3501– List of Subjects in 33 CFR Part 117
Costs’’’ (April 5, 2017). 3520). Bridges.
As previously explained, the D. Federalism and Indian Tribal For the reasons discussed in the
Evergreen Point Floating Bridge was Government preamble, the Coast Guard amends 33
removed from Lake Washington and
A rule has implications for federalism CFR part 117 as follows:
replaced with a fixed bridge in 2016 and
no longer operates as a drawbridge. The under Executive Order 13132, PART 117—DRAWBRIDGE
removal of the operating schedule from Federalism, if it has a substantial direct OPERATION REGULATIONS
33 CFR part 117, subpart B, will have effect on the States, on the relationship
no effect on the movement of waterway between the national government and ■ 1. The authority citation for part 117
or land traffic, but will serve to remove the States, or on the distribution of continues to read as follows:
an outdated and obsolete provision from power and responsibilities among the
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
the CFR. various levels of government. We have and Department of Homeland Security
analyzed this rule under that Order and Delegation No. 0170.1.
B. Impact on Small Entities have determined that it is consistent
The Regulatory Flexibility Act of 1980 with the fundamental federalism § 117.1049 [Removed]
(RFA), 5 U.S.C. 601–612, as amended, principles and preemption requirements ■ 2. Remove § 117.1049.
requires federal agencies to consider the described in Executive Order 13132.
potential impact of regulations on small Also, this rule does not have tribal David G. Throop,
entities during rulemaking. The term implications under Executive Order Rear Admiral, U.S. Coast Guard, Commander,
‘‘small entities’’ comprises small 13175, Consultation and Coordination Thirteenth Coast Guard District.
businesses, not-for-profit organizations with Indian Tribal Governments, [FR Doc. 2017–24292 Filed 11–7–17; 8:45 am]
that are independently owned and because it does not have a substantial BILLING CODE 9110–04–P
operated and are not dominant in their direct effect on one or more Indian
fields, and governmental jurisdictions tribes, on the relationship between the
with populations of less than 50,000. Federal Government and Indian tribes, DEPARTMENT OF HOMELAND
The Coast Guard certifies under 5 U.S.C. or on the distribution of power and SECURITY
605(b) that this rule will not have a responsibilities between the Federal
significant economic impact on a Coast Guard
Government and Indian tribes.
substantial number of small entities.
E. Unfunded Mandates Reform Act 33 CFR Part 165
For the reasons stated in section IV.A
above this final rule would not have a The Unfunded Mandates Reform Act [Docket Number USCG–2017–0982]
significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
RIN 1625–AA00
vessel owner or operator. Federal agencies to assess the effects of
Under section 213(a) of the Small their discretionary regulatory actions. In Safety Zone; Mamala Bay, Oahu, HI
Business Regulatory Enforcement particular, the Act addresses actions
Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a AGENCY: Coast Guard, DHS.
we want to assist small entities in State, local, or tribal government, in the ACTION: Temporary final rule.
understanding this rule. If the rule aggregate, or by the private sector of
would affect your small business, $100,000,000 (adjusted for inflation) or SUMMARY: On October 10, 2017, the
organization, or governmental more in any one year. Though this rule commercial fishing vessel PACIFIC
jurisdiction and you have questions will not result in such expenditure, we PARADISE ran aground off of the
concerning its provisions or options for do discuss the effects of this rule navigable waters of Mamala Bay
compliance, please contact the person elsewhere in this preamble. approximately 400 yards southwest of
listed in the FOR FURTHER INFORMATION Kaimana Beach, Oahu, Hawaii. The
F. Environment Coast Guard established a temporary
CONTACT, above.
Small businesses may send comments We have analyzed this rule under safety zone around the grounded vessel
on the actions of Federal employees Department of Homeland Security to facilitate vessel salvage operations
who enforce, or otherwise determine Management Directive 023–01 and and on October 18, 2017, the safety zone
compliance with, Federal regulations to Commandant Instruction M16475.lD, was extended for two additional weeks.
the Small Business and Agriculture which guides the Coast Guard in To date, the vessel remains grounded.
Regulatory Enforcement Ombudsman complying with the National Accordingly, effective November 1,
and the Regional Small Business Environmental Policy Act of 1969 2017, the Coast Guard extends the safety
Regulatory Fairness Boards. The (NEPA) (42 U.S.C. 4321–4370f), and zone for an additional thirty days to
Ombudsman evaluates these actions have made a determination that this facilitate ongoing salvage and
annually and rates each agency’s action is one of a category of actions subsequent removal operations. The
responsiveness to small business. If you which do not individually or extension of this safety zone is
wish to comment on actions by cumulatively have a significant effect on necessary to protect personnel, vessels
employees of the Coast Guard, call 1– the human environment. This rule and the marine environmental from
888–REG–FAIR (1–888–734–3247). The simply promulgates the operating potential hazards associated with
Coast Guard will not retaliate against regulations or procedures for ongoing operations to salvage and
drawbridges. This action is categorically remove a grounded vessel in this area.
ethrower on DSK3G9T082PROD with RULES
small entities that question or complain
about this rule or any policy or action excluded from further review, under Entry of vessels or persons into this
of the Coast Guard. figure 2–1, paragraph (32) (e), of the zone is prohibited unless specifically
Instruction. authorized by the Captain of the Port
C. Collection of Information (COTP) Honolulu.
A Record of Environmental
This rule calls for no new collection Consideration and a Memorandum for DATES: This rule is effective without
of information under the Paperwork the Record are not required for this rule. actual notice from November 8, 2017
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![51770 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
prior to 8:00 a.m. on December 1, 2017, regulations by establishing in regulation unique to each faith. Before the year
the Coast Guard will provide notice via the eligibility requirements that 2000, VA did not have a process in
a broadcast notice to mariners. ecclesiastical endorsing organizations place to address endorsement of
(c) Regulations. The general must meet in order to provide chaplains and relied on criteria
regulations governing safety zones ecclesiastical endorsements of established by the Department of
contained in § 165.23 apply to the safety individuals seeking employment as VA Defense’s (DoD) Armed Forces Chaplain
zone created by this temporary final chaplains, or of individuals who are Board (AFCB) at DoD Instruction
rule. seeking to be engaged by VA under 1304.28. Under this criteria, an
(1) All persons are required to comply contract or appointed as on-facility fee individual cannot serve as chaplain
with the general regulations governing basis VA chaplains under the United unless he or she is endorsed by an
safety zones found in this part. States Code. VA considers veterans’ ecclesiastical endorsing organization.
(2) Entry into or remaining in this spiritual care an integral part of their The purpose is to ensure that the
zone is prohibited unless expressly overall health care. As such, VA is chaplain is recognized as an individual
authorized by the COTP Honolulu or his committed to providing qualified VA who is authorized by that organization
designated representative. chaplains to address the veterans’ to perform pastoral duties. The
(3) Persons desiring to transit the spiritual needs by engaging chaplains ecclesiastical endorsing organization
stationary or moving safety zone that are ecclesiastically endorsed. must submit a request to VA to
identified in paragraph (a) of this Ecclesiastical endorsement certifies that designate an ecclesiastical endorser.
section may contact the COTP at the the individual is qualified to perform all This request provides VA with the
Command Center telephone number the religious sacraments, rites, rituals, information on the ecclesiastical
(808) 842–2600 and (808) 842–2601, fax ceremonies and ordinances needed by endorsing organization and identifies
(808) 842–2642 or on VHF channel 16 members of a particular faith. the individual whom the organization
(156.8 Mhz) to seek permission to DATES: This final rule is effective designates as the official authorized to
transit the zone. If permission is December 8, 2017. sign ecclesiastical endorsements. VA
granted, all persons and vessels must FOR FURTHER INFORMATION CONTACT: John reviews the information provided and
comply with the instructions of the Batten, Program Analyst, National approves the request.
COTP Honolulu or his designated Chaplain Center, Veterans Health Before the year 2000, VA accepted
representative and proceed at the Administration, Department of Veterans endorsements from ecclesiastical
minimum speed necessary to maintain a Affairs Medical Center, 100 endorsing organizations recognized by
safe course while in the zone. Emancipation Dr., Hampton, VA 23667; DoD to perform this function as a means
(4) The U.S. Coast Guard may be (757) 728–7062 (this is not a toll-free of avoiding duplication of effort on VA’s
assisted in the patrol and enforcement number). part and because such organizations
of the safety zone by Federal, State, and would be better able to address veterans’
SUPPLEMENTARY INFORMATION: In a needs, having provided for the veterans’
local agencies. document published in the Federal
(d) Notice of enforcement. The COTP spiritual care while on active duty. In
Register on January 5, 2017, VA 1998, VA determined that it needed to
will provide notice of enforcement of proposed to establish in its medical
the safety zone described in this section establish its own policy on accepting
regulations the eligibility requirements ecclesiastical endorsements. The
via verbal broadcasts and written notice that ecclesiastical endorsing
to mariners and the general public. rationale was that there might be
organizations must meet in order to organizations that would endorse
(e) Definitions. As used in this provide ecclesiastical endorsements of
section, ‘‘designated representative’’ members seeking to work for VA, but
individuals seeking employment as VA would not permit their members to
means any Coast Guard commissioned, chaplains or of individuals who are
warrant, or petty officer who has been work as military chaplains, either for
seeking to be engaged by VA under theological or other reasons. VA has
authorized by the COTP to assist in contract or appointed as on-facility fee
enforcing the safety zone described in been successfully implementing since
basis VA chaplains under 38 U.S.C. the year 2000, via internal policy, the
paragraph (a) of this section. 7405. See 82 FR 1288. VA provided a eligibility requirements that
Dated: November 2, 2017. 60-day comment period, which ended ecclesiastical endorsing organizations
M.C. Long, on March 6, 2017. We received two must meet to endorse individuals who
Captain, U.S. Coast Guard, Captain of the comments on the proposed rule. Under are seeking employment as VA
Port Honolulu. 38 CFR 17.33, VA must make available chaplains or of individuals who are
[FR Doc. 2017–24290 Filed 11–7–17; 8:45 am] to each patient the opportunity for seeking to be engaged by VA under
BILLING CODE 9110–04–P
religious worship. The VA National contract or appointed as on-facility fee
Chaplain Service was established on basis VA chaplains under 38 U.S.C.
August 1, 1945, to provide veterans the 7405.1 However, VA subsequently
DEPARTMENT OF VETERANS opportunity for such worship and other determined a formal rulemaking is
AFFAIRS forms of spiritual care. VA employs prudent in order to make the process
chaplains in accordance with 5 CFR transparent as well as safeguard VA
38 CFR Part 17 213.3102(a) to provide for the spiritual from the appearance of favoritism of an
component of health care in accordance ecclesiastical endorsing organization
RIN 2900–AP83 to the spiritual needs of veterans. VA over another. We are establishing this
may employ chaplains in temporary process in 38 CFR 17.655.
Ecclesiastical Endorsing
appointments, on an on-facility fee basis
ethrower on DSK3G9T082PROD with RULES
Organizations One commenter stated that the
appointment under 38 U.S.C. 7405, and proposed rule appears to favor one faith
AGENCY: Department of Veterans Affairs. may engage chaplains under contract.
ACTION: Final rule. By requiring that chaplains be 1 Ecclesiastical Endorsing Organizations, VHA
ecclesiastically endorsed, VA ensures Handbook 1111.01 and VHA related policy VHA
Directive 1111, Spiritual and Pastoral Care, which
SUMMARY: The Department of Veterans that chaplains are qualified to perform incorporates by specific reference the terms of VHA
Affairs (VA) is amending its medical the rites, rituals, or ceremonies that are HB 1111.01.
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Document Created: 2017-11-08 01:20:44
Document Modified: 2017-11-08 01:20:44
| 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 without actual notice from November 8, 2017 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. | |
| 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 [email protected] | |
| FR Citation | 82 FR 51767 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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