83_FR_20822 83 FR 20733 - Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of Mexico

83 FR 20733 - Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of Mexico

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 89 (May 8, 2018)

Page Range20733-20735
FR Document2018-09789

The Coast Guard is establishing a permanent safety zone extending 500 meters around the Appomattox Floating Production System (FPS) facility located in Mississippi Canyon Block 437 on the Outer Continental Shelf (OCS) in the Gulf of Mexico. This action is necessary to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Only vessels measuring less than 100 feet in length overall and not engaged in towing, attending vessels as defined in 33 CFR 147.20, or those vessels specifically authorized by the Eighth Coast Guard District Commander or a designated representative are permitted to enter or remain in the safety zone.

Federal Register, Volume 83 Issue 89 (Tuesday, May 8, 2018)
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Rules and Regulations]
[Pages 20733-20735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09789]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2017-0446]
RIN 1625-AA00


Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer 
Continental Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a permanent safety zone 
extending 500 meters around the Appomattox Floating Production System 
(FPS) facility located in Mississippi Canyon Block 437 on the Outer 
Continental Shelf (OCS) in the Gulf of Mexico. This action is necessary 
to protect the facility from all vessels operating outside the normal 
shipping channels and fairways that are not providing services to or 
working with the facility. Only vessels measuring less than 100 feet in 
length overall and not engaged in towing, attending vessels as defined 
in 33 CFR 147.20, or those vessels specifically authorized by the 
Eighth Coast Guard District Commander or a designated representative 
are permitted to enter or remain in the safety zone.

DATES: This rule is effective on May 8, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0446 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 Ms. Laura Knoll, U.S. Coast Guard, District Eight 
Waterways Management Branch; telephone 504-671-2139, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FPS Floating production system
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Shell Exploration and Production Co. requested that the Coast Guard 
establish an Outer Continental Shelf (OCS) safety zone extending 500 
meters from each point on the Appomattox Floating Production System 
(FPS) facility structure's outermost edge. In response to Shell 
Exploration and Production Co.'s request and on the basis of the 
District Commander's safety analysis, on March 20, 2018, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf 
on the Gulf of Mexico (83 FR 12144). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
establishing the 500-meter safety zone. During the comment period that 
ended on April 19, 2018, we received no comments.
    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. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to respond to the potential safety concerns and 
hazards that could occur within 500 meters of the facility.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority provided 
in 14 U.S.C. 85, 43 U.S.C. 1333, and Department of Homeland Security 
Delegation No. 0170.1(90), and Title 33, CFR 147.1, 147.5, and 147.10. 
The District Commander determined that placing a safety zone around the 
facility will significantly reduce the threat of allisions, oil spills, 
and releases of natural gas, and thereby protect the safety of life, 
property, and living marine resources. The purpose of this rule is to 
protect the facility from all vessels operating outside the normal 
shipping channels and fairways that are not providing services to or 
working with the facility.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
March 20, 2018. This regulatory text of this final rule contains one 
technical amendment. In the NPRM, we indicated that permission to enter 
the safety zone may be obtained from the District Commander or a 
designated representative in the discussion of the proposed rule but 
not the regulatory text. This final rule corrects the regulatory text 
to indicate that permission to enter the safety zone may be obtained 
from the District Commander or a designated representative.
    This rule establishes a safety zone on the OCS in the deepwater 
area of the Gulf of Mexico at Mississippi Canyon Block 437. The area 
for the safety zone is 500 meters (1640.4 feet) from each point on the 
facility, which is located at 28[deg]34'25.47'' N 87[deg]56'03.11'' W. 
Only vessels measuring less than 100 feet in length overall and not 
engaged in towing, attending vessels as defined in 33 CFR 147.20, or 
those vessels specifically authorized by the Eighth Coast Guard 
District Commander or a designated representative are permitted to 
enter or remain in the safety zone.

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.

[[Page 20734]]

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 as 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 safety zone's 
location and its distance from both land and safety fairways. This rule 
is not a significant regulatory action due to the location of the 
Appomattox FPS on the Outer Continental Shelf, and its distance from 
both land and safety fairways. Vessels traversing waters near the 
proposed safety zone are able to safely travel around the zone using 
alternate routes. Exceptions to this rule also include vessels 
measuring less than 100 feet in length overall and not engaged in 
towing and attending vessels as defined in 33 CFR 147.20. In addition, 
the Eighth Coast Guard District Commander or a designated 
representative will consider requests to enter or transit through the 
safety zone on a case-by-case basis.

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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    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.
    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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
establishing a safety zone around an offshore deepwater facility. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  147.869 to read as follows:


Sec.  147.869  Safety Zone; Appomattox FPS Facility, Outer Continental 
Shelf on the Gulf of Mexico.

    (a) Description. The Appomattox Floating Production System (FPS) 
system is in the deepwater area of the

[[Page 20735]]

Gulf of Mexico at Mississippi Canyon Block 437. The facility is located 
at 28[deg]34'25.47'' N 87[deg]56'03.11'' W (NAD 83), and the area 
within 500 meters (1640.4 feet) from each point on the facility 
structure's outer edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone 
except the following:
    (1) An attending vessel, as defined by 33 CFR 147.20;
    (2) A vessel under 100 feet in length overall not engaged in 
towing; or
    (3) A vessel authorized by the Eighth Coast Guard District 
Commander or a designated representative.

    Dated: May 2, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-09789 Filed 5-7-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Rules and Regulations                                          20733

                                              33781) now codified primarily at 21                     providing services to or working with                 needed to respond to the potential
                                              CFR 101.9 and 101.36). With respect to                  the facility. Only vessels measuring less             safety concerns and hazards that could
                                              our enforcement discretion policy                       than 100 feet in length overall and not               occur within 500 meters of the facility.
                                              pertaining to ‘‘calories from fat’’                     engaged in towing, attending vessels as
                                              declarations, this part of the guidance is              defined in 33 CFR 147.20, or those                    III. Legal Authority and Need for Rule
                                              immediately effective because we have                   vessels specifically authorized by the                   The Coast Guard is issuing this rule
                                              determined that prior public                            Eighth Coast Guard District Commander                 under the authority provided in 14
                                              participation is not feasible or                        or a designated representative are                    U.S.C. 85, 43 U.S.C. 1333, and
                                              appropriate (21 CFR 10.115(g)(2)). The                  permitted to enter or remain in the                   Department of Homeland Security
                                              guidance announced in this notice                       safety zone.                                          Delegation No. 0170.1(90), and Title 33,
                                              finalizes the draft guidance dated                      DATES: This rule is effective on May 8,               CFR 147.1, 147.5, and 147.10. The
                                              November 2017.                                          2018.                                                 District Commander determined that
                                              II. Paperwork Reduction Act of 1995                     ADDRESSES: To view documents                          placing a safety zone around the facility
                                                                                                      mentioned in this preamble as being                   will significantly reduce the threat of
                                                 This guidance refers to previously                   available in the docket, go to http://
                                              approved collections of information                                                                           allisions, oil spills, and releases of
                                                                                                      www.regulations.gov, type USCG–2017–                  natural gas, and thereby protect the
                                              found in FDA regulations. These                         0446 in the ‘‘SEARCH’’ box and click
                                              collections of information are subject to                                                                     safety of life, property, and living
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket                      marine resources. The purpose of this
                                              review by the Office of Management and                  Folder on the line associated with this
                                              Budget (OMB) under the Paperwork                                                                              rule is to protect the facility from all
                                                                                                      rule.                                                 vessels operating outside the normal
                                              Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                      FOR FURTHER INFORMATION CONTACT: If                   shipping channels and fairways that are
                                              3520). The collections of information in
                                                                                                      you have questions on this rule, call or              not providing services to or working
                                              § 101.11(b)(2), (c)(3), and (d) have been
                                                                                                      email Ms. Laura Knoll, U.S. Coast                     with the facility.
                                              approved under OMB control number
                                                                                                      Guard, District Eight Waterways
                                              0910–0783.                                                                                                    IV. Discussion of Comments, Changes,
                                                                                                      Management Branch; telephone 504–
                                              III. Electronic Access                                  671–2139, Laura.B.Knoll@uscg.mil.                     and the Rule
                                                 Persons with access to the internet                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                               As noted above, we received no
                                              may obtain the guidance at either                       I. Table of Abbreviations                             comments on our NPRM published on
                                              https://www.fda.gov/FoodGuidances or                                                                          March 20, 2018. This regulatory text of
                                              https://www.regulations.gov. Use the                    CFR Code of Federal Regulations
                                                                                                      DHS Department of Homeland Security                   this final rule contains one technical
                                              FDA website listed in the previous                      FPS Floating production system                        amendment. In the NPRM, we indicated
                                              sentence to find the most current                       FR Federal Register                                   that permission to enter the safety zone
                                              version of the guidance.                                NPRM Notice of proposed rulemaking                    may be obtained from the District
                                                Dated: May 3, 2018.                                   OCS Outer Continental Shelf
                                                                                                                                                            Commander or a designated
                                                                                                      § Section
                                              Leslie Kux,                                                                                                   representative in the discussion of the
                                                                                                      U.S.C. United States Code
                                              Associate Commissioner for Policy.                                                                            proposed rule but not the regulatory
                                              [FR Doc. 2018–09725 Filed 5–7–18; 8:45 am]              II. Background Information and                        text. This final rule corrects the
                                              BILLING CODE 4164–01–P
                                                                                                      Regulatory History                                    regulatory text to indicate that
                                                                                                         Shell Exploration and Production Co.               permission to enter the safety zone may
                                                                                                      requested that the Coast Guard establish              be obtained from the District
                                              DEPARTMENT OF HOMELAND                                  an Outer Continental Shelf (OCS) safety               Commander or a designated
                                              SECURITY                                                zone extending 500 meters from each                   representative.
                                                                                                      point on the Appomattox Floating                         This rule establishes a safety zone on
                                              Coast Guard                                             Production System (FPS) facility                      the OCS in the deepwater area of the
                                                                                                      structure’s outermost edge. In response               Gulf of Mexico at Mississippi Canyon
                                              33 CFR Part 147                                         to Shell Exploration and Production                   Block 437. The area for the safety zone
                                              [Docket Number USCG–2017–0446]                          Co.’s request and on the basis of the                 is 500 meters (1640.4 feet) from each
                                                                                                      District Commander’s safety analysis, on              point on the facility, which is located at
                                              RIN 1625–AA00                                           March 20, 2018, the Coast Guard                       28°34′25.47″ N 87°56′03.11″ W. Only
                                                                                                      published a notice of proposed
                                              Safety Zone; Appomattox FPS,                                                                                  vessels measuring less than 100 feet in
                                                                                                      rulemaking (NPRM) titled Safety Zone;
                                              Mississippi Canyon 437, Outer                                                                                 length overall and not engaged in
                                                                                                      Appomattox FPS, Mississippi Canyon
                                              Continental Shelf on the Gulf of Mexico                                                                       towing, attending vessels as defined in
                                                                                                      437, Outer Continental Shelf on the Gulf
                                                                                                                                                            33 CFR 147.20, or those vessels
                                              AGENCY:    Coast Guard, DHS.                            of Mexico (83 FR 12144). There we
                                                                                                                                                            specifically authorized by the Eighth
                                              ACTION:   Final rule.                                   stated why we issued the NPRM, and
                                                                                                                                                            Coast Guard District Commander or a
                                                                                                      invited comments on our proposed
                                              SUMMARY:   The Coast Guard is                                                                                 designated representative are permitted
                                                                                                      regulatory action related to establishing
                                              establishing a permanent safety zone                                                                          to enter or remain in the safety zone.
                                                                                                      the 500-meter safety zone. During the
                                              extending 500 meters around the                         comment period that ended on April 19,                V. Regulatory Analyses
                                              Appomattox Floating Production                          2018, we received no comments.
sradovich on DSK3GMQ082PROD with RULES




                                              System (FPS) facility located in                           Under 5 U.S.C. 553(d)(3), the Coast                  We developed this rule after
                                              Mississippi Canyon Block 437 on the                     Guard finds that good cause exists for                considering numerous statutes and
                                              Outer Continental Shelf (OCS) in the                    making this rule effective less than 30               Executive orders related to rulemaking.
                                              Gulf of Mexico. This action is necessary                days after publication in the Federal                 Below we summarize our analyses
                                              to protect the facility from all vessels                Register. Delaying the effective date of              based on a number of these statutes and
                                              operating outside the normal shipping                   this rule would be contrary to the public             Executive orders, and we discuss First
                                              channels and fairways that are not                      interest because immediate action is                  Amendment rights of protestors.


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                                              20734                Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Rules and Regulations

                                              A. Regulatory Planning and Review                       Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                                 Executive Orders 12866 and 13563                     we want to assist small entities in                   their discretionary regulatory actions. In
                                              direct agencies to assess the costs and                 understanding this rule. If the rule                  particular, the Act addresses actions
                                              benefits of available regulatory                        would affect your small business,                     that may result in the expenditure by a
                                              alternatives and, if regulation is                      organization, or governmental                         State, local, or tribal government, in the
                                              necessary, to select regulatory                         jurisdiction and you have questions                   aggregate, or by the private sector of
                                              approaches that maximize net benefits.                  concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                              Executive Order 13771 directs agencies                  compliance, please contact the person                 more in any one year. Though this rule
                                              to control regulatory costs through a                   listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                                                                                      CONTACT section.                                      we do discuss the effects of this rule
                                              budgeting process. This rule has not
                                                                                                         Small businesses may send comments                 elsewhere in this preamble.
                                              been designated as a ‘‘significant
                                                                                                      on the actions of Federal employees
                                              regulatory action,’’ under Executive                                                                          F. Environment
                                                                                                      who enforce, or otherwise determine
                                              Order 12866. Accordingly, this rule has                                                                         We have analyzed this rule under
                                                                                                      compliance with, Federal regulations to
                                              not been reviewed by the Office of                                                                            Department of Homeland Security
                                                                                                      the Small Business and Agriculture
                                              Management and Budget (OMB), and                                                                              Directive 023–01 and Commandant
                                                                                                      Regulatory Enforcement Ombudsman
                                              pursuant to OMB guidance it is exempt                                                                         Instruction M16475.1D, which guide the
                                                                                                      and the Regional Small Business
                                              from the requirements of Executive                                                                            Coast Guard in complying with the
                                                                                                      Regulatory Fairness Boards. The
                                              Order 13771.                                                                                                  National Environmental Policy Act of
                                                                                                      Ombudsman evaluates these actions
                                                 This regulatory action determination                                                                       1969 (42 U.S.C. 4321–4370f), and have
                                                                                                      annually and rates each agency’s
                                              is based on the safety zone’s location                                                                        determined that this action is one of a
                                                                                                      responsiveness to small business. If you
                                              and its distance from both land and                                                                           category of actions that do not
                                                                                                      wish to comment on actions by
                                              safety fairways. This rule is not a                                                                           individually or cumulatively have a
                                                                                                      employees of the Coast Guard, call 1–
                                              significant regulatory action due to the                                                                      significant effect on the human
                                                                                                      888–REG–FAIR (1–888–734–3247). The
                                              location of the Appomattox FPS on the                                                                         environment. This rule involves
                                                                                                      Coast Guard will not retaliate against
                                              Outer Continental Shelf, and its                                                                              establishing a safety zone around an
                                                                                                      small entities that question or complain
                                              distance from both land and safety                                                                            offshore deepwater facility. It is
                                                                                                      about this rule or any policy or action
                                              fairways. Vessels traversing waters near                                                                      categorically excluded from further
                                                                                                      of the Coast Guard.
                                              the proposed safety zone are able to                                                                          review under paragraph L60(a) of
                                              safely travel around the zone using                     C. Collection of Information                          Appendix A, Table 1 of DHS Instruction
                                              alternate routes. Exceptions to this rule                 This rule will not call for a new                   Manual 023–01–001–01, Rev. 01. A
                                              also include vessels measuring less than                collection of information under the                   Record of Environmental Consideration
                                              100 feet in length overall and not                      Paperwork Reduction Act of 1995 (44                   supporting this determination is
                                              engaged in towing and attending vessels                 U.S.C. 3501–3520).                                    available in the docket where indicated
                                              as defined in 33 CFR 147.20. In                                                                               under ADDRESSES.
                                              addition, the Eighth Coast Guard                        D. Federalism and Indian Tribal
                                              District Commander or a designated                      Governments                                           G. Protest Activities
                                              representative will consider requests to                   A rule has implications for federalism               The Coast Guard respects the First
                                              enter or transit through the safety zone                under Executive Order 13132,                          Amendment rights of protesters.
                                              on a case-by-case basis.                                Federalism, if it has a substantial direct            Protesters are asked to contact the
                                              B. Impact on Small Entities                             effect on the States, on the relationship             person listed in the FOR FURTHER
                                                                                                      between the national government and                   INFORMATION CONTACT section to
                                                 The Regulatory Flexibility Act of                    the States, or on the distribution of                 coordinate protest activities so that your
                                              1980, 5 U.S.C. 601–612, as amended,                     power and responsibilities among the                  message can be received without
                                              requires Federal agencies to consider                   various levels of government. We have                 jeopardizing the safety or security of
                                              the potential impact of regulations on                  analyzed this rule under that Order and               people, places or vessels.
                                              small entities during rulemaking. The                   have determined that it is consistent
                                              term ‘‘small entities’’ comprises small                 with the fundamental federalism                       List of Subjects in 33 CFR Part 147
                                              businesses, not-for-profit organizations                principles and preemption requirements                  Continental shelf, Marine safety,
                                              that are independently owned and                        described in Executive Order 13132.                   Navigation (water).
                                              operated and are not dominant in their                     Also, this rule does not have tribal                 For the reasons discussed in the
                                              fields, and governmental jurisdictions                  implications under Executive Order                    preamble, the Coast Guard amends 33
                                              with populations of less than 50,000.                   13175, Consultation and Coordination                  CFR part 147 as follows:
                                              The Coast Guard received no comments                    with Indian Tribal Governments,
                                              from the Small Business Administration                  because it does not have a substantial                PART 147—SAFETY ZONES
                                              on this rulemaking. The Coast Guard                     direct effect on one or more Indian
                                              certifies under 5 U.S.C. 605(b) that this               tribes, on the relationship between the               ■ 1. The authority citation for part 147
                                              rule will not have a significant                        Federal Government and Indian tribes,                 continues to read as follows:
                                              economic impact on a substantial                        or on the distribution of power and                     Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
                                              number of small entities.                               responsibilities between the Federal                  and Department of Homeland Security
                                                 While some owners or operators of                    Government and Indian tribes. If you                  Delegation No. 0170.1.
                                              vessels intending to transit the safety                 believe this rule has implications for                ■   2. Add § 147.869 to read as follows:
sradovich on DSK3GMQ082PROD with RULES




                                              zone may be small entities, for the                     federalism or Indian tribes, please
                                              reasons stated in section V.A above, this               contact the person listed in the FOR                  § 147.869 Safety Zone; Appomattox FPS
                                              rule will not have a significant                        FURTHER INFORMATION CONTACT section.                  Facility, Outer Continental Shelf on the Gulf
                                              economic impact on any vessel owner                                                                           of Mexico.
                                              or operator.                                            E. Unfunded Mandates Reform Act                         (a) Description. The Appomattox
                                                 Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    Floating Production System (FPS)
                                              Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 system is in the deepwater area of the


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                                                                   Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Rules and Regulations                                           20735

                                              Gulf of Mexico at Mississippi Canyon                    20420, (202) 461–9700. (This is not a                 applying for the benefit was not
                                              Block 437. The facility is located at                   toll-free telephone number.)                          dishonorably discharged. This
                                              28°34′25.47″ N 87°56′03.11″ W (NAD                      SUPPLEMENTARY INFORMATION: On                         commenter also appears to suggest that
                                              83), and the area within 500 meters                     December 21, 2016, VA published in the                posttraumatic stress disorder (PTSD) be
                                              (1640.4 feet) from each point on the                    Federal Register (81 FR 93649) a                      included in the definition of a TBI and
                                              facility structure’s outer edge is a safety             proposed rule to amend 38 CFR 3.350                   provided examples of individuals who
                                              zone.                                                   and 3.352 to add SMC for veterans with                may have benefited from this approach.
                                                (b) Regulation. No vessel may enter or                residuals of TBI. As explained in the                    While any injury outside the line of
                                              remain in this safety zone except the                   proposed rule, section 601 of the                     duty would not be service connected,
                                              following:                                              Veterans’ Benefits Act of 2010, Public                we note that the occurrence of such an
                                                (1) An attending vessel, as defined by                Law 111–275 (the Veterans’ Benefits                   injury is interpreted very broadly. See
                                              33 CFR 147.20;                                          Act) authorized SMC for veterans who,                 Holton v. Shinseki, 557 F.3d 1362,
                                                (2) A vessel under 100 feet in length                 as the result of service-connected                    1366–67 (Fed. Cir. 2009) (explaining
                                              overall not engaged in towing; or                       disability, are in need of regular aid and            that an injury or disease will be deemed
                                                (3) A vessel authorized by the Eighth                 attendance for the residuals of TBI, and              to have been incurred in the line of duty
                                              Coast Guard District Commander or a                     in the absence of such regular aid and                if it occurred at almost any time during
                                              designated representative.                              attendance, would require                             a veteran’s active service—even during
                                                Dated: May 2, 2018.                                   hospitalization, nursing home care, or                authorized leave). With regard to the
                                                                                                      other residential institutional care.                 commenter’s statement that self-
                                              Paul F. Thomas,
                                                                                                      Effective October 1, 2011, section 601                inflicted injuries should not be the basis
                                              Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                      authorized an additional monetary                     for service-connected TBI for SMC, we
                                              Eighth Coast Guard District.
                                                                                                      allowance for veterans with residuals of              note that self-inflicted injuries generally
                                              [FR Doc. 2018–09789 Filed 5–7–18; 8:45 am]
                                                                                                      TBI who require this higher level of care             would not be covered to the extent they
                                              BILLING CODE 9110–04–P                                                                                        constituted willful misconduct.
                                                                                                      but would not otherwise qualify for the
                                                                                                      benefit under 38 U.S.C. 1114(r)(2).                   Whether or not a given self-injury rises
                                                                                                         To date, VA has relied on non-                     to the level of willful misconduct is a
                                              DEPARTMENT OF VETERANS                                  regulatory guidance to implement                      case specific factual determination that
                                              AFFAIRS                                                 section 601 of the Veterans’ Benefits                 is separate from the level of
                                                                                                      Act. By issuing this final rule, VA                   compensation at stake, which is what is
                                              38 CFR Part 3                                                                                                 affected by this rule. See 38 CFR 3.301.
                                                                                                      updates its adjudication regulations to
                                              RIN 2900–AP23                                           reflect the authorization provided by                 While the commenter also expressed
                                                                                                      section 601.                                          that SMC based on service-connected
                                              Special Monthly Compensation for                                                                              TBI should not be available to
                                              Veterans With Traumatic Brain Injury                    Response to Public Comments                           individuals with a dishonorable
                                                                                                        As noted above, VA published the                    discharge, VA statutes and regulations
                                              AGENCY:    Department of Veterans Affairs.
                                                                                                      proposed rule in the Federal Register                 preclude veteran status and benefits for
                                              ACTION:   Final rule.                                   (81 FR 93649) on December 21, 2016.                   individuals with a dishonorable
                                              SUMMARY:    The Department of Veterans                  VA provided a 60-day public comment                   discharge. 38 U.S.C. 101(2); 38 CFR
                                              Affairs (VA) amends its adjudication                    period, which ended on February 21,                   3.12(a). Finally, in response to the
                                              regulations to add an additional                        2017, and received two comments. VA                   commenter’s last assertion that VA
                                              compensation benefit for veterans with                  responds to all comments as follows.                  should define whether PTSD ‘‘is
                                              residuals of traumatic brain injury (TBI).              For the reasons set forth in the proposed             included under the definition of [TBI],’’
                                              This final rule incorporates in                         rule and below, VA adopts the proposed                we note that PTSD is already a disability
                                                                                                      rule as final, without changes.                       available for VA service connection and
                                              regulations a benefit authorized by the
                                                                                                        Both commenters expressed support                   rating as a mental disorder under 38
                                              enactment of the Veterans’ Benefits Act
                                                                                                      for the rulemaking, noting that SMC                   CFR 4.130, Diagnostic Code 9411.
                                              of 2010. The Veterans’ Benefits Act                     should be awarded for TBI. VA                         Therefore, VA already compensates
                                              authorizes special monthly                              appreciates the time and effort                       veterans for service-connected PTSD,
                                              compensation (SMC) for veterans with                    expended by these commenters in                       including with PTSD that is somehow
                                              TBI who are in need of aid and                          reviewing the proposed rule and in                    causally related to TBI.
                                              attendance, and in the absence of such                  submitting comments, as well as their                    In any case, the general eligibility
                                              aid and attendance, would require                       support for this rulemaking.                          criteria for SMC and the definition of
                                              hospitalization, nursing home care, or                    One commenter stated that this                      TBI are outside the scope of this
                                              other residential institutional care.                   rulemaking should restrict the use of                 rulemaking. Therefore, VA makes no
                                              DATES: Effective Date: This final rule is               SMC payments to treatment for TBI. The                change based on these comments.
                                              effective June 7, 2018.                                 commenter noted that application for                     The second commenter stated that
                                                 Applicability Date: The provisions of                SMC funds should be made on a yearly                  veterans with TBI should have always
                                              this final rule shall apply to all                      basis and the funds should be applied                 qualified for maximum monthly relief.
                                              applications for benefits received by VA                specifically for medical care of the TBI.             VA notes that SMC is authorized by
                                              on or after October 1, 2011, or that were               VA notes that it has no authority to                  statute, and prior to the enactment of
                                              pending before VA, the United States                    direct how payments are used once                     the Veterans’ Benefits Act, VA lacked
                                              Court of Appeals for Veterans Claims, or                awarded to a veteran; VA only has legal               the statutory authority to provide the
sradovich on DSK3GMQ082PROD with RULES




                                              the United States Court of Appeals for                  authority to determine benefit eligibility            level of SMC contemplated in the Act
                                              the Federal Circuit on October 1, 2011.                 and entitlement.                                      for TBI. The commenter also noted the
                                              FOR FURTHER INFORMATION CONTACT:                          The same commenter stated that                      length of time it took to authorize and
                                              Roselyn Tyson, Regulations Staff                        application of SMC should be limited to               implement SMC for TBI. As noted
                                              (211D), Compensation Service,                           claims where TBI that was incurred in                 above, VA has to date relied on non-
                                              Department of Veterans Affairs, 810                     the line of duty and was not a result of              regulatory guidance to implement the
                                              Vermont Avenue NW., Washington, DC                      self-inflicted injury, and the veteran                statutory authorization for SMC for TBI.


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Document Created: 2018-05-08 01:32:41
Document Modified: 2018-05-08 01:32:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on May 8, 2018.
ContactIf you have questions on this rule, call or email Ms. Laura Knoll, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2139, [email protected]
FR Citation83 FR 20733 
RIN Number1625-AA00
CFR AssociatedContinental Shelf; Marine Safety and Navigation (water)

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