Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51767 

Regulation and Controlling Regulatory 

Costs’’’ (April 5, 2017). 

As previously explained, the 

Evergreen Point Floating Bridge was 

removed from Lake Washington and 

replaced with a fixed bridge in 2016 and 

no longer operates as a drawbridge. The 

removal of the operating schedule from 

33 CFR part 117, subpart B, will have 

no effect on the movement of waterway 

or land traffic, but will serve to remove 

an outdated and obsolete provision from 

the CFR. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

For the reasons stated in section IV.A 

above this final rule would not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

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 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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

simply promulgates the operating 

regulations or procedures for 

drawbridges. This action is categorically 

excluded from further review, under 

figure 2–1, paragraph (32) (e), of the 

Instruction. 

A Record of Environmental 

Consideration and a Memorandum for 

the Record are not required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

§ 117.1049 [Removed] 

■ 2. Remove § 117.1049. 

David G. Throop, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2017–24292 Filed 11–7–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

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 


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51768 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 

until 8:00 a.m. on December 1, 2017. For 

the purposes of enforcement, actual 

notice will be used from 8:00 a.m. on 

November 1, 2017 until November 8, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to 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 

john.e.bannon@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

TFR Temporary final rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On October 10, 2017, the fishing 

vessel PACIFIC PARADISE ran aground 

off of the navigable waters of Mamala 

Bay approximately 400 yards southwest 

of Kaimana Beach, Oahu, Hawaii at 

position 21°15.69′ N.; 157°49.49′ W. On 

October 11, 2017, the Coast Guard 

established a seven day temporary 

safety zone encompassing all waters 

extending 500 yards in all directions 

around the grounded vessel to facilitate 

vessel salvage operations and protect 

personnel, vessels and the marine 

environment from the hazards 

associated with them. Due to the 

emergent nature of the grounding and 

subsequent removal operations, the 

temporary final rule (TFR) safety zone 

was not initially published in the 

Federal Register. On October 18, 2017, 

the safety zone was extended for two 

additional weeks to account for delays 

in salvage operations due to ocean and 

weather conditions. The safety zone 

extension was published in the Federal 

Register (82 FR 49111) on October 24, 

2017. Ongoing challenges with the 

salvage efforts necessitate a second 

extension, this for thirty days, of the 

safety zone. 

The safety zone continues to 

encompass all waters extending 500 

yards in all directions around the 

grounded fishing vessel located 

approximately 400 yards southwest of 

Kaimana Beach at position 21°15.69′ N.; 

157°49.49′ W. When the vessel is off the 

reef, the safety zone will shift to a 

moving safety zone extending 500 yards 

in all directions around the vessel and 

continue until the removal operation is 

complete. 

The Coast Guard is extending the 

existing safety zone without prior notice 

and opportunity to comment pursuant 

to authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

initial estimate to salvage the vessel 

from the grounding was estimated at 

one week or less. Immediate action 

remains needed to respond to the safety 

hazards associated with this fishing 

vessel salvage effort for an estimated 

additional thirty days. Therefore, 

publishing an NPRM is impracticable 

and contrary to public interest. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. For 

the same reasons stated in the preceding 

paragraph, delaying the effective period 

of this safety zone would be 

impracticable and contrary to the public 

interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

pursuant to 33 U.S.C. 1231. On October 

10, 2017, the Coast Guard was informed 

the commercial fishing vessel PACIFIC 

PARADISE ran aground in Mamala Bay, 

Oahu, Hawaii, near Waikiki’s Kaimana 

Beach. Coast Guard COTP Sector 

Honolulu determined that potential 

hazards associated with the salvage and 

removal operations constituted a safety 

concern and thus established a safety 

zone to protect personnel, vessels, and 

the marine environment during ongoing 

operations to remove the grounded 

vessel from a reef in high winds and 

seas followed by the towing and 

disposal of the disabled vessel. 

IV. Discussion of the Rule 

This rule is effective from 8:00 a.m. 

on November 1, 2017 through 8:00 a.m. 

on December 1, 2017, or until salvage 

operations are complete, whichever is 

earlier. If the safety zone is terminated 

prior to 8:00 a.m. on December 1, 2017, 

the Coast Guard will provide notice via 

a broadcast notice to mariners. 

The temporary safety zone 

encompasses all waters extending 500 

yards in all directions around the 

location of the grounded vessel 400 

yards southwest of Kaimana Beach near 

position: 21°15.69′ N.; 157°49.49′ W. 

This zone extends from the surface of 

the water to the ocean floor. The safety 

zone is currently stationary around the 

grounded vessel. When the vessel is 

removed from the reef, the safety zone 

will shift to a moving safety zone and 

remain so until the tow and disposal 

operation is complete. The zone shall 

continue to encompass 500 yards in all 

directions around the commercial 

fishing vessel. When the vessel is off the 

reef and removal operations commence, 

the Coast Guard will provide notice via 

a broadcast notice to mariners. No 

vessel or person will be permitted to 

enter the safety zone absent the express 

authorization of the COTP Honolulu or 

his designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location and 

duration of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone away from the 

reef or during the salvage tow, which 

would impact only a small designated 

area of the waters off Kaimana Beach 

and Waikiki where vessel traffic is 

normally low. Closer to shore, the 

waterway is used primarily for beach 

recreation activities. Offshore of the 

beach, waterway traffic is primarily 

tourism related operations which will 

not be affected by the tow due to the 


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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T14–0982 to read as 

follows: 

§ 165.T14–0982 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°15.69′ 

N.; 157°49.49′ W. Once the commercial 

fishing vessel PACIFIC PARADISE is 

removed from the reef, the safety zone 

will become a moving safety zone 

extending 500 yards in all directions 

from the vessel to facilitate the towing 

and disposal of the vessel. The safety 

zone will be enforced and throughout 

the salvage, transit and removal 

operations within Mamala Bay, Keehi 

Lagoon, or Honolulu Harbor. This zone 

extends from the surface of the water to 

the ocean floor. 

(b) Enforcement period. This rule is 

effective from 8:00 a.m. on November 1, 

2017 through 8:00 a.m. on December 1, 

2017, or until salvage recovery 

operations are complete, whichever is 

earlier. If the safety zone is terminated 


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51770 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 

1Ecclesiastical Endorsing Organizations, VHA 

Handbook 1111.01 and VHA related policy VHA 

Directive 1111, Spiritual and Pastoral Care, which 

incorporates by specific reference the terms of VHA 

HB 1111.01. 

prior to 8:00 a.m. on December 1, 2017, 

the Coast Guard will provide notice via 

a broadcast notice to mariners. 

(c) Regulations. The general 

regulations governing safety zones 

contained in § 165.23 apply to the safety 

zone created by this temporary final 

rule. 

(1) All persons are required to comply 

with the general regulations governing 

safety zones found in this part. 

(2) Entry into or remaining in this 

zone is prohibited unless expressly 

authorized by the COTP Honolulu or his 

designated representative. 

(3) Persons desiring to transit the 

stationary or moving safety zone 

identified in paragraph (a) of this 

section may contact the COTP at the 

Command Center telephone number 

(808) 842–2600 and (808) 842–2601, fax 

(808) 842–2642 or on VHF channel 16 

(156.8 Mhz) to seek permission to 

transit the zone. If permission is 

granted, all persons and vessels must 

comply with the instructions of the 

COTP Honolulu or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while in the zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Notice of enforcement. The COTP 

will provide notice of enforcement of 

the safety zone described in this section 

via verbal broadcasts and written notice 

to mariners and the general public. 

(e) Definitions. As used in this 

section, ‘‘designated representative’’ 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

Dated: November 2, 2017. 

M.C. Long, 

Captain, U.S. Coast Guard, Captain of the 

Port Honolulu. 

[FR Doc. 2017–24290 Filed 11–7–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AP83 

Ecclesiastical Endorsing 

Organizations 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its medical 

regulations by establishing in regulation 

the eligibility requirements that 

ecclesiastical endorsing organizations 

must meet in order to provide 

ecclesiastical endorsements of 

individuals seeking employment as VA 

chaplains, or of individuals who are 

seeking to be engaged by VA under 

contract or appointed as on-facility fee 

basis VA chaplains under the United 

States Code. VA considers veterans’ 

spiritual care an integral part of their 

overall health care. As such, VA is 

committed to providing qualified VA 

chaplains to address the veterans’ 

spiritual needs by engaging chaplains 

that are ecclesiastically endorsed. 

Ecclesiastical endorsement certifies that 

the individual is qualified to perform all 

the religious sacraments, rites, rituals, 

ceremonies and ordinances needed by 

members of a particular faith. 

DATES: This final rule is effective 

December 8, 2017. 

FOR FURTHER INFORMATION CONTACT: John 

Batten, Program Analyst, National 

Chaplain Center, Veterans Health 

Administration, Department of Veterans 

Affairs Medical Center, 100 

Emancipation Dr., Hampton, VA 23667; 

(757) 728–7062 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on January 5, 2017, VA 

proposed to establish in its medical 

regulations the eligibility requirements 

that ecclesiastical endorsing 

organizations must meet in order to 

provide ecclesiastical endorsements of 

individuals seeking employment as VA 

chaplains or of individuals who are 

seeking to be engaged by VA under 

contract or appointed as on-facility fee 

basis VA chaplains under 38 U.S.C. 

7405. See 82 FR 1288. VA provided a 

60-day comment period, which ended 

on March 6, 2017. We received two 

comments on the proposed rule. Under 

38 CFR 17.33, VA must make available 

to each patient the opportunity for 

religious worship. The VA National 

Chaplain Service was established on 

August 1, 1945, to provide veterans the 

opportunity for such worship and other 

forms of spiritual care. VA employs 

chaplains in accordance with 5 CFR 

213.3102(a) to provide for the spiritual 

component of health care in accordance 

to the spiritual needs of veterans. VA 

may employ chaplains in temporary 

appointments, on an on-facility fee basis 

appointment under 38 U.S.C. 7405, and 

may engage chaplains under contract. 

By requiring that chaplains be 

ecclesiastically endorsed, VA ensures 

that chaplains are qualified to perform 

the rites, rituals, or ceremonies that are 

unique to each faith. Before the year 

2000, VA did not have a process in 

place to address endorsement of 

chaplains and relied on criteria 

established by the Department of 

Defense’s (DoD) Armed Forces Chaplain 

Board (AFCB) at DoD Instruction 

1304.28. Under this criteria, an 

individual cannot serve as chaplain 

unless he or she is endorsed by an 

ecclesiastical endorsing organization. 

The purpose is to ensure that the 

chaplain is recognized as an individual 

who is authorized by that organization 

to perform pastoral duties. The 

ecclesiastical endorsing organization 

must submit a request to VA to 

designate an ecclesiastical endorser. 

This request provides VA with the 

information on the ecclesiastical 

endorsing organization and identifies 

the individual whom the organization 

designates as the official authorized to 

sign ecclesiastical endorsements. VA 

reviews the information provided and 

approves the request. 

Before the year 2000, VA accepted 

endorsements from ecclesiastical 

endorsing organizations recognized by 

DoD to perform this function as a means 

of avoiding duplication of effort on VA’s 

part and because such organizations 

would be better able to address veterans’ 

needs, having provided for the veterans’ 

spiritual care while on active duty. In 

1998, VA determined that it needed to 

establish its own policy on accepting 

ecclesiastical endorsements. The 

rationale was that there might be 

organizations that would endorse 

members seeking to work for VA, but 

would not permit their members to 

work as military chaplains, either for 

theological or other reasons. VA has 

been successfully implementing since 

the year 2000, via internal policy, the 

eligibility requirements that 

ecclesiastical endorsing organizations 

must meet to endorse individuals who 

are seeking employment as VA 

chaplains or of individuals who are 

seeking to be engaged by VA under 

contract or appointed as on-facility fee 

basis VA chaplains under 38 U.S.C. 

7405.1 However, VA subsequently 

determined a formal rulemaking is 

prudent in order to make the process 

transparent as well as safeguard VA 

from the appearance of favoritism of an 

ecclesiastical endorsing organization 

over another. We are establishing this 

process in 38 CFR 17.655. 

One commenter stated that the 

proposed rule appears to favor one faith 


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