Safety Zone; Tanapag Harbor, Saipan, CNMI
| Published date | 21 January 2021 |
| Citation | 86 FR 6247 |
| Record Number | 2021-01084 |
| Section | Rules and Regulations |
| Court | Coast Guard |
6247
Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Rules and Regulations
thereafter be continuously published in the
Chart Supplement.
* * * * *
ACE KS E2 Manhattan, KS [Amended]
Manhattan Regional Airport, KS
(Lat. 39°08′28″ N, long. 96°40′19″ W)
That airspace extending upward from the
surface within a 4.3-mile radius of Manhattan
Regional Airport excluding that airspace
within the Fort Riley, KS, Class D airspace
and Class E surface airspace areas and
excluding that airspace within Restricted
Area R–3602B. This Class E airspace area is
effective during the specific dates and times
established in advanced by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6004. Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
* * * * *
ACE KS E4 Manhattan, KS [Amended]
Manhattan Regional Airport, KS
(Lat. 39°08′28″ N, long. 96°40′19″ W)
Manhattan VOR/DME
(Lat. 39°08′44″ N, long. 96°40′07″ W)
That airspace extending upward from the
surface within 1.3 miles each side of the 042°
radial from the Manhattan VOR/DME
extending from the 4.3-mile radius of the
Manhattan Regional Airport to 5.2 miles
northeast of the airport, and within 2.4 miles
each side of the 211° radial from the
Manhattan VOR/DME extending from the
4.3-mile radius of the Manhattan Regional
Airport to 7 miles southwest of the
Manhattan VOR/DME excluding that airspace
within the Fort Riley, KS, Class D airspace
and Class E surface airspace areas and
excluding that airspace within Restricted
Area R–3602B.
Paragraph 6005. Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
* * * * *
ACE KS E5 Fort Riley, KS [Establish]
Marshall AAF, KS
(Lat. 39°03′10″ N, long. 96°45′52″ W)
Freeman Field, KS
(Lat. 39°02′36″ N, long. 96°50′36″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Marshall AAF, and within a 6.4-
mile radius of Freeman Field excluding that
airspace within Restricted Areas R–3602A
and R–3602B.
* * * * *
ACE KS E5 Manhattan, KS [Amended]
Manhattan Regional Airport, KS
(Lat. 39°08′28″ N, long. 96°40′19″ W)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of the Manhattan Regional Airport,
and within 4 miles each side of the 040°
bearing from the Manhattan Regional Airport
extending from the 6.8-mile radius of the
airport to 10.6 miles northeast of the airport
excluding that airspace within Restricted
Areas R–3602A and R–3602B.
Issued in Fort Worth, Texas, on January 13,
2021.
Martin A. Skinner,
Acting Manager, Operations Support
Group,ATO Central Service Center.
[FR Doc. 2021–01020 Filed 1–19–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0459]
RIN 1625–AA00
Safety Zone; Tanapag Harbor, Saipan,
CNMI
AGENCY
: Coast Guard, DHS.
ACTION
: Final rule.
SUMMARY
: The Coast Guard is
establishing a annually recurring safety
zone for navigable waters within
Tanapag Harbor, Saipan. This safety
zone will encompass the designated
swim course for the Escape from
Managaha swim event in the waters of
Tanapag Harbor, Saipan,
Commonwealth of the Northern Mariana
Islands. This action is necessary to
protect all persons and vessels
participating in this marine event from
potential safety hazards associated with
vessel traffic in the area. Race
participants, chase boats, and organizers
of the event will be exempt from the
safety zone. Entry of persons or vessels
into the safety zone is prohibited unless
authorized by the Captain of the Port
(COTP) Guam.
DATES
: This rule is effective February
22, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0459 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 Chief Petty Officer Robert Davis,
Sector Guam, U.S. Coast Guard, by
telephone at (671) 355–4866, or email at
WWMGuam@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The purpose of this rule is to ensure
the safety of the participants and the
navigable waters in the safety zone
before, during, and after the scheduled
swim event. In response, on November
20, 2020, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Tanapag Harbor,
Saipan, CNMI (85 FR 74304–74306).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this safety zone. During the comment
period that ended December 21, 2020,
we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under its authority in 46 U.S.C 70034
(previously 33 U.S.C. 1231). The
Captain of the Port (COTP) Guam has
determined that potential hazards exist,
and the purpose of this rule is to protect
all persons and vessels participating in
this marine event from potential safety
hazards associated with vessel traffic in
the area.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
November 20, 2020. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a annual
recurring safety zone from 5:00 a.m.
until 8:30 a.m. on a Saturday or Sunday
between February and April. The safety
zone will cover all navigable waters
within 100-yard radius of race
participants in Tanapag Harbor, Saipan.
This rulemaking would prohibit persons
and vessels not involved in the event
from being in the safety zone unless
authorized by the COTP or a 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
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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Rules and Regulations
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, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will impact a small designated area of
Tanapag Harbor for 3.5 hours. Moreover,
the Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
allows vessels to seek permission to
enter the zone.
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 00 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 call or email 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.
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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 lasting 3.5 hours that will prohibit
entry within 100-yards of swim
participants. 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. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the
ADDRESSES
section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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—SAFETY ZONE; TANAPAG
HARBOR, SAIPAN, CNMI
■1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
■2. Add § 165.1417 to read as follows:
165.1417 Safety Zone; Tanapag Harbor,
Saipan, CNMI.
(a) Location. The following area,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15), all
navigable waters within a 100-yard
radius of race participants for Escape for
Managaha Swim in Tanapag Harbor,
Saipan. Race participants, chase boats,
and organizers of the event will be
exempt from the safety zone.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Rules and Regulations
1
National Vaccine Injury Compensation Program,
Health Resources & Servs. Admin., https://
www.hrsa.gov/vaccine-compensation/index.html
(last reviewed Jan. 2020).
2
H.R. Rep. No. 99–908, pt. 1, at 6 (1986). Even
though in rare instances individuals may have
adverse reactions to vaccines, the Centers for
Disease Control and Prevention (CDC) recommends
that individuals be vaccinated against a wide range
of illnesses and diseases. See Recommended
Vaccines by Age. Ctrs. for Disease Control &
Prevention, https://www.cdc.gov/vaccines/vpd/
vaccines-age.html (last reviewed Nov. 22, 2016).
3
H.R. Rep. No. 99–908, at 6.
4
See id. at 4–6.
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Sector Guam in the
enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP or a designated on-scene
representative.
(2) This safety zone is closed to all
persons and vessel traffic, except as may
be permitted by the COTP or a
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Persons and Vessel operators
desiring to enter or operate within the
safety zone must contact the COTP or an
on-scene representative to obtain
permission to do so. The COTP or an
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
COTP or an on-scene representative.
(d) Enforcement period. This safety
zone will be enforced at a specified date
between February and April. The Coast
Guard will provide advance notice of
enforcement and a broadcast notice to
mariners to inform public of specific
date.
Dated: January 12, 2021.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2021–01084 Filed 1–19–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Public Health Service
42 CFR Part 100
RIN 0906–AB24
National Vaccine Injury Compensation
Program: Revisions to the Vaccine
Injury Table
AGENCY
: Public Health Service, Health
Resources and Services Administration
(‘‘HRSA’’), Department of Health and
Human Services (‘‘HHS’’ or the
‘‘Department’’).
ACTION
: Final rule.
SUMMARY
: The Secretary finalizes the
proposed rule to amend the Vaccine
Injury Table (Table) by regulation. This
final rule will have effect only for
petitions for compensation under the
National Vaccine Injury Compensation
Program (VICP) filed after this final rule
become effective. This final rule does
not impact COVID–19 vaccines or PREP
Act immunity for Covered Persons (as
defined in the PREP Act) who
manufacture, distribute, order, or
administer COVID–19 vaccines.
DATES
: This final rule is effective on
February 22, 2021.
FOR FURTHER INFORMATION CONTACT
:
Please visit the National Vaccine Injury
Compensation Program’s website,
https://www.hrsa.gov/
vaccinecompensation/, or contact
Tamara Overby, Acting Director,
Division of Injury Compensation
Programs, Healthcare Systems Bureau,
HRSA, Room 08N146B, 5600 Fishers
Lane, Rockville, MD 20857; by email at
vaccinecompensation@hrsa.gov; or by
telephone at (855) 266–2427.
SUPPLEMENTARY INFORMATION
: This is a
final rule by which HHS amends the
provisions of 42 CFR 100.3 by removing
Shoulder Injury Related to Vaccine
Administration, vasovagal syncope, and
Item XVII from the Vaccine Injury
Table.
I. Background and Purpose
Vaccination is one of the best ways to
protect against potentially harmful
diseases that can be very serious, may
require hospitalization, or even be
deadly. Almost all individuals who are
vaccinated have no serious reactions.
1
Nonetheless, in the 1980s, Congress
became concerned that a small number
of children who received
immunizations had serious reactions to
them, and it was not always possible to
predict which children would have
reactions, or what reactions they would
have.
2
Claimants alleging vaccine-
related injuries in civil litigation
encountered a time-consuming,
expensive, and often inadequate
system.
3
Moreover, increased litigation
against vaccine manufacturers resulted
in difficulties in their ability to secure
affordable product liability insurance,
stabilize vaccine prices and supply, and
enter the market.
4
Therefore, Congress enacted the
National Childhood Vaccine Injury Act
of 1986, title III of Public Law 99—660
(42 U.S.C. 300aa–1 et seq.) (‘‘Vaccine
Act’’ or ‘‘the Act’’), which established
the National Vaccine Injury
Compensation Program (VICP). The
objectives of the VICP are to ensure an
adequate supply of vaccines, stabilize
vaccine costs, and establish and
maintain an accessible and efficient
forum for individuals found to be
injured by certain vaccines to be
federally compensated. Petitions for
compensation under the VICP are filed
in the United States Court of Federal
Claims (Court), rather than the civil tort
system, with a copy served on the
Secretary, who is the Respondent. The
U.S. Department of Justice (DOJ)
represents HHS in Court, and the Court,
acting through judicial officers called
Special Masters, makes the final
decision as to eligibility for, and the
type and amount of, compensation.
To gain entitlement to compensation
under this Program, a petitioner must
establish that a vaccine-related injury or
death has occurred, either by proving
that a vaccine actually caused or
significantly aggravated an injury
(causation-in-fact) or by demonstrating
what is referred to as a ‘‘Table injury.’’
That is, a petitioner may show that the
vaccine recipient (1) received a vaccine
covered under the Act; (2) suffered an
injury of the type enumerated in the
regulations at 42 CFR 100.3—the
‘‘Vaccine Injury Table’’ (Table)—
corresponding to the vaccination in
question; and (3) that the onset of such
injury took place within the time period
specified in the Table. If so, the injury
is presumed to have been caused by the
vaccine, and the petitioner is entitled to
compensation (assuming that other
requirements are satisfied), unless the
respondent affirmatively shows that the
injury was caused by some factor
unrelated to the vaccination (see 42
U.S.C. 300aa–11(c)(1)(C)(i), 300aa–
13(a)(1)(B), and 300aa–14(a)).
42 U.S.C. 300aa–14(c) and (e) permit
the Secretary to revise the Table. The
Table currently includes 17 vaccine
categories, with 16 categories for
specific vaccines, as well as the
corresponding illnesses, disabilities,
injuries, or conditions covered, and the
requisite time period when the first
symptom or manifestation of onset or of
significant aggravation after the vaccine
administration must begin to receive the
Table’s legal presumption of causation.
The final category of the Table, ‘‘Item
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