80 FR 35244 - Safety Zone; Bridgefest Regatta Fireworks, Portage Canal, Hancock, MI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 118 (June 19, 2015)
Coast Guard
Federal Register Volume 80, Issue 118 (June 19, 2015)
| Page Range | 35244-35246 | |
| FR Document | 2015-15188 |
[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)] [Rules and Regulations] [Pages 35244-35246] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15188] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0531] RIN 1625-AA00 Safety Zone; Bridgefest Regatta Fireworks, Portage Canal, Hancock, MI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a safety zone in the Portage Canal near Hancock, MI. This safety zone is intended to restrict vessels from specified waters in the Portage Canal during the Bridgefest Regatta Fireworks Display. This safety zone is necessary to protect spectators from the hazards associated with the fireworks display. DATES: This rule is effective from 10 p.m. to 11 p.m. on June 20, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0531]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Chief Petty Officer Aaron Woof, Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3821, email [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 1-800-647-5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. In May of this year, the Coast Guard discovered an error in the coordinates for the safety zone for the Bridgefest Regatta Fireworks in 33 CFR 165.943(a)(1). On May 4, 2015, the COTP Duluth signed a NPRM to correct the error (USCG-2015-0215). This NPRM has yet to publish in the Federal Register. Because the fireworks event is scheduled for June 20, 2015, there is insufficient time to accommodate the comment period. Thus, delaying the effective date of this rule to wait for the comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with the fireworks display. 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. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. Between 10 p.m. and 11 p.m. on June 20, 2015, Bridgefest Regatta fireworks display will take place within the Portage Canal in Hancock, MI. The likely combination of recreation vessels, darkness punctuated by bright flashes of light, and fireworks debris falling into the water presents risks of collisions which could result in serious injuries or fatalities. Establishing a safety zone around the launch site will help ensure the safety of persons and recreational boats during the fireworks display. C. Discussion of the Final Rule In light of the aforementioned hazards, the Captain of the Port Duluth has determined that a temporary safety zone is necessary to ensure the safety of spectators and participants during the fireworks display. This safety zone will encompass all waters of the Portage Canal within an area bounded by a circle with a 280 foot radius at position 47[deg] 07' 22'' N, 088[deg] 35' 39'' W. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for an hour on a single day. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) [[Page 35245]] that this rule will not have a significant economic impact on a substantial number of small entities. Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this temporary rule on small entities. This rule would affect the following entities, some of which might be small entities: the owners or operators of recreational vessels intending to transit or anchor in a portion of the Portage Canal in Hancock, MI from 10 p.m. to 11 p.m. on June 20, 2015.'' This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons cited in the Regulatory Planning and Review section. Additionally, before the enforcement of the zone, we would issue local Broadcast Notice to Mariners so vessel owners and operators can plan accordingly. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing a safety zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for Part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T09-0531 to read as follows: Sec. 165.T09-0531 Safety zone; Bridgefest Regatta Fireworks, Portage Canal, Hancock, MI. (a) Location. All waters of the Portage Canal within an area bounded by a [[Page 35246]] circle with a 280 foot radius at position 47[deg]07'22'' N, 088[deg]35'39'' W. (b) Effective period. This safety zone is effective from 10 p.m. to 11 p.m. on June 20, 2015. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Duluth, or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Duluth or his designated on- scene representative. (3) The ``on-scene representative'' of the Captain of the Port is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port to act on his behalf. The on- scene representative of the Captain of the Port will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Duluth or his on-scene representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Duluth or his on- scene representative. Dated: June 10, 2015. A.H. Moore, Jr., Commander, U.S. Coast Guard, Captain of the Port Duluth. [FR Doc. 2015-15188 Filed 6-18-15; 8:45 am] BILLING CODE 9110-04-P
![35244 Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
Dated: June 15, 2015. A. Regulatory History and Information fatalities. Establishing a safety zone
Hal R. Pitts, The Coast Guard is issuing this final around the launch site will help ensure
Bridge Program Manager, Fifth Coast Guard rule without prior notice and the safety of persons and recreational
District. opportunity to comment pursuant to boats during the fireworks display.
[FR Doc. 2015–15082 Filed 6–18–15; 8:45 am] authority under section 4(a) of the C. Discussion of the Final Rule
BILLING CODE 9110–04–P Administrative Procedure Act (APA) (5
In light of the aforementioned
U.S.C. 553(b)). This provision
hazards, the Captain of the Port Duluth
authorizes an agency to issue a rule
DEPARTMENT OF HOMELAND has determined that a temporary safety
without prior notice and opportunity to
SECURITY zone is necessary to ensure the safety of
comment when the agency for good
spectators and participants during the
cause finds that those procedures are
Coast Guard fireworks display. This safety zone will
‘‘impracticable, unnecessary, or contrary
encompass all waters of the Portage
to the public interest.’’ Under 5 U.S.C.
33 CFR Part 165 Canal within an area bounded by a
553(b)(B), the Coast Guard finds that
circle with a 280 foot radius at position
[Docket Number USCG–2015–0531] good cause exists for not publishing a
47° 07′ 22″ N, 088° 35′ 39″ W.
notice of proposed rulemaking (NPRM) Entry into, transiting, or anchoring
RIN 1625–AA00 with respect to this rule because doing within the safety zone is prohibited
so would be impracticable and contrary unless authorized by the Captain of the
Safety Zone; Bridgefest Regatta to the public interest. In May of this
Fireworks, Portage Canal, Hancock, MI Port Duluth or his designated on-scene
year, the Coast Guard discovered an representative. The Captain of the Port
AGENCY: Coast Guard, DHS. error in the coordinates for the safety or his designated on-scene
zone for the Bridgefest Regatta representative may be contacted via
ACTION: Temporary final rule. Fireworks in 33 CFR 165.943(a)(1). On VHF Channel 16.
SUMMARY: The Coast Guard is May 4, 2015, the COTP Duluth signed
establishing a safety zone in the Portage a NPRM to correct the error (USCG– D. Regulatory Analyses
Canal near Hancock, MI. This safety 2015–0215). This NPRM has yet to We developed this rule after
zone is intended to restrict vessels from publish in the Federal Register. Because considering numerous statutes and
specified waters in the Portage Canal the fireworks event is scheduled for executive orders related to rulemaking.
during the Bridgefest Regatta Fireworks June 20, 2015, there is insufficient time Below we summarize our analyses
Display. This safety zone is necessary to to accommodate the comment period. based on 13 of these statutes or
protect spectators from the hazards Thus, delaying the effective date of this executive orders.
associated with the fireworks display. rule to wait for the comment period to
run would be both impracticable and 1. Regulatory Planning and Review
DATES: This rule is effective from 10
contrary to the public interest because it This rule is not a significant
p.m. to 11 p.m. on June 20, 2015.
would inhibit the Coast Guard’s ability regulatory action under section 3(f) of
ADDRESSES: Documents mentioned in to protect spectators and vessels from Executive Order 12866, Regulatory
this preamble are part of docket [USCG– the hazards associated with the Planning and Review, as supplemented
2015–0531]. To view documents fireworks display. by Executive Order 13563, Improving
mentioned in this preamble as being Under 5 U.S.C. 553(d)(3), the Coast Regulation and Regulatory Review, and
available in the docket, go to http:// Guard finds that good cause exists for does not require an assessment of
www.regulations.gov, type the docket making this rule effective less than 30 potential costs and benefits under
number in the ‘‘SEARCH’’ box and click days after publication in the Federal section 6(a)(3) of Executive Order 12866
‘‘SEARCH.’’ Click on Open Docket Register. For the same reasons or under section 1 of Executive Order
Folder on the line associated with this discussed in the preceding paragraph, 13563. The Office of Management and
rulemaking. You may also visit the waiting for a 30 day notice period to run Budget has not reviewed it under those
Docket Management Facility in Room would be impracticable and contrary to Orders.
W12–140 on the ground floor of the the public interest. We conclude that this rule is not a
Department of Transportation West significant regulatory action because we
Building, 1200 New Jersey Avenue SE., B. Basis and Purpose
anticipate that it will have minimal
Washington, DC 20590, between 9 a.m. The legal basis and authorities for this impact on the economy, will not
and 5 p.m., Monday through Friday, rule are found in 33 U.S.C. 1231, 46 interfere with other agencies, will not
except Federal holidays. U.S.C. Chapter 701, 3306, 3703; 50 adversely alter the budget of any grant
FOR FURTHER INFORMATION CONTACT: If U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, or loan recipients, and will not raise any
you have questions on this rule, call or 6.04–6, and 160.5; Pub. L. 107–295, 116 novel legal or policy issues. The safety
email Chief Petty Officer Aaron Woof, Stat. 2064; and Department of zone created by this rule will be
Waterways management, MSU Duluth, Homeland Security Delegation No. relatively small and enforced for an
Coast Guard; telephone 218–725–3821, 0170.1, which collectively authorize the hour on a single day. Under certain
email Aaron.M.Woof@uscg.mil. If you Coast Guard to establish and define conditions, moreover, vessels may still
have questions on viewing or submitting regulatory safety zones. transit through the safety zone when
material to the docket, call Cheryl Between 10 p.m. and 11 p.m. on June permitted by the Captain of the Port.
Collins, Program Manager, Docket 20, 2015, Bridgefest Regatta fireworks
display will take place within the 2. Impact on Small Entities
rmajette on DSK2TPTVN1PROD with RULES
Operations, telephone 1–800–647–5527.
SUPPLEMENTARY INFORMATION: Portage Canal in Hancock, MI. The The Regulatory Flexibility Act of 1980
likely combination of recreation vessels, (RFA), 5 U.S.C. 601–612, as amended,
Table of Acronyms darkness punctuated by bright flashes of requires federal agencies to consider the
DHS Department of Homeland Security light, and fireworks debris falling into potential impact of regulations on small
FR Federal Register the water presents risks of collisions entities during rulemaking. The Coast
NPRM Notice of Proposed Rulemaking which could result in serious injuries or Guard certifies under 5 U.S.C. 605(b)
VerDate Sep<11>2014 15:11 Jun 18, 2015 Jkt 235001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1](https://thefederalregister.org/doc/80_FR_35362/page/1.svg)
![35246 Federal Register / Vol. 80, No. 118 / Friday, June 19, 2015 / Rules and Regulations
circle with a 280 foot radius at position Air Force Reserve under circumstances Medicine, National Academy of
47°07′22″ N, 088°35′39″ W. in which they had regular and repeated Sciences, Post-Vietnam Dioxin Exposure
(b) Effective period. This safety zone contact with C–123 aircraft known to in Agent Orange-Contaminated C–123
is effective from 10 p.m. to 11 p.m. on have been used to spray an herbicide Aircraft 10 (2015), available at http://
June 20, 2015. agent (‘‘Agent Orange’’) during the www.publichealth.va.gov/exposures/
(c) Regulations. (1) In accordance with Vietnam era. In addition, the regulation agentorange/publications/institute-of-
the general regulations in § 165.23 of will establish a presumption that medicine.asp.
this part, entry into, transiting, or members of this group who later According to the IOM’s 2015 report
anchoring within this safety zone is develop an Agent Orange presumptive on C–123 exposures, from 1972 to 1982,
prohibited unless authorized by the condition were disabled during the approximately 1,500 to 2,100 Air Force
Captain of the Port Duluth, or his relevant period of service, thus Reserve personnel trained and worked
designated on-scene representative. establishing that this service constituted on C–123 aircraft, of which
(2) This safety zone is closed to all ‘‘active, naval, military or air service.’’ approximately 30 had formally been
vessel traffic, except as may be The effect of this action is to presume used to spray herbicides in Vietnam. Id.
permitted by the Captain of the Port herbicide exposure for these individuals at 9. The report noted that the aircraft
Duluth or his designated on-scene and to allow individuals who were had been assigned to a few Air Force
representative. exposed to herbicides during reserve Reserve units where they were used for
(3) The ‘‘on-scene representative’’ of service to establish veteran status for VA military airlift, medical transport, and
the Captain of the Port is any Coast purposes and eligibility for some VA cargo transport operations in the United
Guard commissioned, warrant, or petty benefits. The need for this action results States and internationally. Id. at 26.
officer who has been designated by the from a recent decision by the Secretary Regarding the potential for harmful
Captain of the Port to act on his behalf. of Veterans Affairs to acknowledge that exposures, the IOM found that
The on-scene representative of the individuals who had regular and Reservists who served as flight crew
Captain of the Port will be aboard either repeated exposure to C–123 aircraft that (pilot, navigator, flight engineer, and
a Coast Guard or Coast Guard Auxiliary the United States Air Force used to loadmaster), ground maintenance crew,
vessel. The Captain of the Port or his spray the herbicides in Vietnam during and aero-medical personnel had regular
designated on-scene representative may Operation Ranch Hand were exposed to and repeated contact with the aircraft.
be contacted via VHF Channel 16. Agent Orange. Id. at 26–27. The report identified the
(4) Vessel operators desiring to enter specific aircraft and the Reserve units to
DATES: Effective Date: This interim final
or operate within the safety zone shall which they were assigned, and
rule is effective on June 19, 2015.
contact the Captain of the Port Duluth Applicability Dates: This interim final concluded, ‘‘it is probable that the
or his on-scene representative to obtain rule is applicable to any claim for [herbicide] exposures of at least some
permission to do so. Vessel operators service connection for an Agent Orange [Air Force] Reservists exceeded levels
given permission to enter or operate in presumptive condition filed by a equivalent to some guidelines
the safety zone must comply with all established for office workers in
covered individual that is pending on or
directions given to them by the Captain enclosed settings.’’ Id. at 62. The IOM
after June 19, 2015.
of the Port Duluth or his on-scene Comment date: Comments must be determined that it is ‘‘plausible that the
representative. received on or before August 18, 2015. C–123s did contribute to some adverse
health consequences among [Air Force]
Dated: June 10, 2015. FOR FURTHER INFORMATION CONTACT:
Reservists who worked in [Operation
A.H. Moore, Jr., Stephanie Li, Chief, Regulations Staff, Ranch Hand] C–123s after the planes
Commander, U.S. Coast Guard, Captain of Compensation Service (21C), Veterans returned from Vietnam.’’ Id. at 62–63.
the Port Duluth. Benefits Administration, Department of Based upon the IOM report, the
[FR Doc. 2015–15188 Filed 6–18–15; 8:45 am]
Veterans Affairs, 810 Vermont Ave. Secretary of Veterans Affairs has
NW., Washington, DC 20420, (202) 461– decided that VA will acknowledge
BILLING CODE 9110–04–P
9700 (this is not a toll-free number). exposure to Agent Orange for
SUPPLEMENTARY INFORMATION: In 2014, approximately 1,500 to 2,100 Air Force
DEPARTMENT OF VETERANS VA commissioned the National and Air Force Reserve personnel whose
AFFAIRS Academy of Sciences’ Institute of military service involved regular and
Medicine (IOM) to conduct a consensus repeated contact with the contaminated
38 CFR Part 3 study of all available scientific literature C–123 aircraft. Therefore, this interim
and knowledge on the subject of final rule establishes a presumption of
RIN 2900–AP43 residual exposure to Agent Orange from exposure to herbicides for individuals
service on aircraft formerly used during who performed service in the Air Force
Presumption of Herbicide Exposure
Operation Ranch Hand in Vietnam. VA or Air Force Reserve under
and Presumption of Disability During
commissioned this study to get a better circumstances in which the individual
Service for Reservists Presumed
understanding of the potential harmful concerned regularly and repeatedly
Exposed to Herbicide
exposures and health effects involved in operated, maintained, or served onboard
AGENCY: Department of Veterans Affairs. serving on these aircraft after the C–123 aircraft known to have been used
ACTION: Interim final rule. conclusion of herbicide spraying to spray an herbicide agent during the
operations in Vietnam. Specifically, VA Vietnam era. However, most individuals
SUMMARY: The Department of Veterans requested that the IOM ‘‘determine with such service were members of the
Affairs (VA) is amending its regulation whether there had been exposures that
rmajette on DSK2TPTVN1PROD with RULES
Air Force Reserve at the time. Basic
governing individuals presumed to have could lead to excess risk of adverse eligibility for VA benefits requires that
been exposed to certain herbicides. health outcomes among [Air Force] an individual be a ‘‘veteran’’ as that
Specifically, VA is expanding the Reserve personnel who flew in and/or term is defined in 38 U.S.C. 101(2):
regulation to include an additional maintained C–123 aircraft (outside of ‘‘The term ‘veteran’ means a person who
group consisting of individuals who Vietnam) that had previously been used served in the active military, naval, or
performed service in the Air Force or to spray Agent Orange.’’ See Institute of air service, and who was discharged or
VerDate Sep<11>2014 15:11 Jun 18, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1](https://thefederalregister.org/doc/80_FR_35362/page/3.svg)
Document Created: 2018-02-22 11:09:58
Document Modified: 2018-02-22 11:09:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 10 p.m. to 11 p.m. on June 20, 2015. | |
| Contact | If you have questions on this rule, call or email Chief Petty Officer Aaron Woof, Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3821, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 1-800-647-5527. | |
| FR Citation | 80 FR 35244 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR