80 FR 42038 - Safety Zone; Town of Olcott Fireworks Display; Lake Ontario, Olcott, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 136 (July 16, 2015)
Coast Guard
Federal Register Volume 80, Issue 136 (July 16, 2015)
| Page Range | 42038-42040 | |
| FR Document | 2015-17483 |
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)] [Rules and Regulations] [Pages 42038-42040] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17483] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0595] RIN 1625-AA00 Safety Zone; Town of Olcott Fireworks Display; Lake Ontario, Olcott, NY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on Lake Ontario, Olcott, NY. This safety zone is intended to restrict vessels from a portion of Lake Ontario during the Town of Olcott fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. DATES: This rule is effective without actual notice from July 16, 2015 until September 6, 2015. For the purposes of enforcement, actual notice will be used from June 25, 2015 until July 16, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0595]. 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 LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected]. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information The Coast Guard is issuing this temporary 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. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be 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 a maritime fireworks display. Therefore, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary 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. 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 9:30 p.m. and 11 p.m. on July 10, 2015; July 23, 2015; August 13, 2015; August 27, 2015; and September 6, 2015, a fireworks display will be held on the shoreline of Lake Ontario in Olcott, NY. It is anticipated that numerous vessels will be in the immediate vicinity of the launch point. The Captain of the Port Buffalo has determined that such a launch proximate to a gathering of watercraft pose a significant risk to public safety and property. Such hazards include premature and accidental detonations, dangerous projectiles, and falling or burning debris. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the Town of Olcott fireworks display. This zone will be enforced from 9:30 p.m. until 11 p.m. on July 10, 2015; July 23, 2015; August 13, 2015; August 27, 2015; and September 6, 2015. This zone will encompass all waters of Lake Ontario; Olcott, NY within a 1,050-foot radius of position 43[deg]20'23.6'' N. and 078[deg]43'09.5'' W. (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo 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 these statutes and 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. [[Page 42039]] 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 a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. 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 Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this rule on small entities. 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. 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. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of Lake Ontario on the evening of July 10, 2015; July 23, 2015; August 13, 2015; August 27, 2015; and September 6, 2015. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone would be effective, and thus subject to enforcement, for only 90 minutes late in the day. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the enforcement of the zone, we would issue local Broadcast Notice to Mariners. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 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 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 the establishment of a safety zone and, therefore it 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 [[Page 42040]] 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 recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T09-0595 to read as follows: Sec. 165.T09-0595 Safety Zone; Town of Olcott Fireworks Display; Lake Ontario, Olcott, NY. (a) Location. This zone will encompass all waters of Lake Ontario; Olcott, NY within a 1,050-foot radius of position 43[deg]20'23.6'' N. and 078[deg]43'09.5'' W. (NAD 83). (b) Enforcement period. This regulation will be enforced on July 10, 2015; July 23, 2015; August 13, 2015; August 27, 2015; and September 6, 2015 from 9:30 p.m. until 11 p.m. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo 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 Buffalo or his designated on- scene representative. (3) The ``on-scene representative'' of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his 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 Captain of the Port Buffalo, or his on-scene representative. Dated: June 25, 2015. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2015-17483 Filed 7-15-15; 8:45 am] BILLING CODE 9110-04-P
![42038 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
via U.S. Coast Guard Sector Lake Building, 1200 New Jersey Avenue SE., Stat. 2064; and Department of
Michigan on VHF channel 16. Washington, DC 20590, between 9 a.m. Homeland Security Delegation No.
This document is issued under and 5 p.m., Monday through Friday, 0170.1, which collectively authorize the
authority of 33 CFR 165.930 and 5 except Federal holidays. Coast Guard to establish and define
U.S.C. 552(a). In addition to this FOR FURTHER INFORMATION CONTACT: If regulatory safety zones.
publication in the Federal Register, the you have questions on this rule, call or Between 9:30 p.m. and 11 p.m. on
Captain of the Port Lake Michigan will email LTJG Amanda Garcia, Chief of July 10, 2015; July 23, 2015; August 13,
also provide notice through other Waterways Management, U.S. Coast 2015; August 27, 2015; and September
means, which may include Broadcast Guard Sector Buffalo; telephone 716– 6, 2015, a fireworks display will be held
Notice to Mariners, Local Notice to 843–9343, email on the shoreline of Lake Ontario in
Mariners, local news media, distribution SectorBuffaloMarineSafety@uscg.mil. If Olcott, NY. It is anticipated that
in leaflet form, and on-scene oral notice. you have questions on viewing the numerous vessels will be in the
Additionally, the Captain of the Port docket, call Ms. Cheryl Collins, Program immediate vicinity of the launch point.
Lake Michigan may notify Manager, Docket Operations, telephone The Captain of the Port Buffalo has
representatives from the maritime 202–366–9826 or 1–800–647–5527. determined that such a launch
industry through telephonic and email SUPPLEMENTARY INFORMATION: proximate to a gathering of watercraft
notifications. pose a significant risk to public safety
Table of Acronyms
Dated: June 30, 2015. and property. Such hazards include
A.B. Cocanour, DHS Department of Homeland Security premature and accidental detonations,
FR Federal Register dangerous projectiles, and falling or
Captain, U.S. Coast Guard, Captain of the NPRM Notice of Proposed Rulemaking
Port, Lake Michigan. burning debris.
TFR Temporary Final Rule
[FR Doc. 2015–17459 Filed 7–15–15; 8:45 am] C. Discussion of the Final Rule
BILLING CODE 9110–04–P
A. Regulatory History and Information
The Coast Guard is issuing this With the aforementioned hazards in
temporary final rule without prior mind, the Captain of the Port Buffalo
DEPARTMENT OF HOMELAND notice and opportunity to comment has determined that this temporary
SECURITY pursuant to authority under section 4(a) safety zone is necessary to ensure the
of the Administrative Procedure Act safety of spectators and vessels during
Coast Guard (APA) (5 U.S.C. 553(b)). This provision the Town of Olcott fireworks display.
authorizes an agency to issue a rule This zone will be enforced from 9:30
33 CFR Part 165 without prior notice and opportunity to p.m. until 11 p.m. on July 10, 2015; July
[Docket Number USCG–2015–0595] comment when the agency for good 23, 2015; August 13, 2015; August 27,
cause finds that those procedures are 2015; and September 6, 2015. This zone
RIN 1625–AA00 will encompass all waters of Lake
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C. Ontario; Olcott, NY within a 1,050-foot
Safety Zone; Town of Olcott Fireworks radius of position 43°20′23.6″ N. and
Display; Lake Ontario, Olcott, NY 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a 078°43′09.5″ W. (NAD 83).
AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM) Entry into, transiting, or anchoring
ACTION: Temporary final rule. 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
SUMMARY: The Coast Guard is to the public interest. The final details Port Buffalo or his designated on-scene
establishing a temporary safety zone on for this event were not known to the representative. The Captain of the Port
Lake Ontario, Olcott, NY. This safety Coast Guard until there was insufficient or his designated on-scene
zone is intended to restrict vessels from time remaining before the event to representative may be contacted via
a portion of Lake Ontario during the publish an NPRM. Thus, delaying the VHF Channel 16.
Town of Olcott fireworks display. This effective date of this rule to wait for a
temporary safety zone is necessary to D. Regulatory Analyses
comment period to run would be
protect mariners and vessels from the impracticable and contrary to the public We developed this rule after
navigational hazards associated with a interest because it would inhibit the considering numerous statutes and
fireworks display. Coast Guard’s ability to protect executive orders related to rulemaking.
DATES: This rule is effective without spectators and vessels from the hazards Below we summarize our analyses
actual notice from July 16, 2015 until associated with a maritime fireworks based on these statutes and executive
September 6, 2015. For the purposes of display. Therefore, under 5 U.S.C. orders.
enforcement, actual notice will be used 553(d)(3), the Coast Guard finds that
from June 25, 2015 until July 16, 2015. 1. Regulatory Planning and Review
good cause exists for making this
ADDRESSES: Documents mentioned in temporary rule effective less than 30 This rule is not a significant
this preamble are part of docket [USCG– days after publication in the Federal regulatory action under section 3(f) of
2015–0595]. To view documents Register. For the same reasons Executive Order 12866, Regulatory
mentioned in this preamble as being discussed in the preceding paragraph, Planning and Review, as supplemented
available in the docket, go to http:// waiting for a 30 day notice period to run by Executive Order 13563, Improving
www.regulations.gov, type the docket would be impracticable. Regulation and Regulatory Review, and
number in the ‘‘SEARCH’’ box and click does not require an assessment of
tkelley on DSK3SPTVN1PROD with RULES
‘‘SEARCH.’’ Click on Open Docket B. Basis and Purpose potential costs and benefits under
Folder on the line associated with this The legal basis and authorities for this section 6(a)(3) of Executive Order 12866
rulemaking. You may also visit the rule are found in 33 U.S.C. 1231, 46 or under section 1 of Executive Order
Docket Management Facility in Room U.S.C. Chapter 701, 3306, 3703; 50 13563. The Office of Management and
W12–140 on the ground floor of the U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, Budget has not reviewed it under those
Department of Transportation West 6.04–6, and 160.5; Pub. L. 107–295, 116 Orders.
VerDate Sep<11>2014 16:14 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1](https://thefederalregister.org/doc/80_FR_42174/page/1.svg)
![42040 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
ADDRESSES. We seek any comments or of the Port Buffalo, or his on-scene The field of orthopedic medicine has
information that may lead to the representative. progressed to such a degree that total
discovery of a significant environmental Dated: June 25, 2015. prosthetic replacement of a joint is not
impact from this rule. B.W. Roche, always necessary. Surgical procedures,
sometimes referred to generally as ‘‘joint
List of Subjects in 33 CFR Part 165 Captain, U.S. Coast Guard, Captain of the
replacements,’’ may only require partial
Port Buffalo.
Harbors, Marine safety, Navigation replacement of the disabled joint.1
[FR Doc. 2015–17483 Filed 7–15–15; 8:45 am]
(water), Reporting and recordkeeping Partial replacement has the benefit of
BILLING CODE 9110–04–P
requirements, Security measures, not requiring the same length of time for
Waterways. convalescence.2 The progression of this
For the reasons discussed in the area of medical science has raised an
DEPARTMENT OF VETERANS issue as to whether a veteran who
preamble, the Coast Guard amends 33 AFFAIRS
CFR part 165 as follows: undergoes a partial replacement of a
38 CFR Part 4 joint is entitled to the 100-percent rating
PART 165—REGULATED NAVIGATION evaluation during the convalescent
AREAS AND LIMITED ACCESS AREAS RIN 2900–AP38 period under DCs 5051 through 5056.
VA has long interpreted ‘‘joint
■ 1. The authority citation for part 165 Agency Interpretation of Prosthetic replacement,’’ as used in § 4.71a, to
continues to read as follows: Replacement of a Joint mean total joint replacement. Recently,
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AGENCY: Department of Veterans Affairs. the United States Court of Appeals for
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; ACTION: Final rule. Veterans Claims (Veterans Court) issued
Department of Homeland Security Delegation a precedential panel decision upholding
No. 0170.1. SUMMARY: The Department of Veterans VA’s interpretation of § 4.71a. In
Affairs is publishing interpretive Hudgens v. Gibson, 26 Vet. App. 558
■ 2. Add § 165.T09–0595 to read as guidance for diagnostic codes (DC) 5051 (2014), the Veterans Court upheld the
follows: through 5056, which establish rating Board of Veterans’ Appeals decision
§ 165.T09–0595 Safety Zone; Town of criteria for prosthetic implant that DC 5055 applies only to total knee
Olcott Fireworks Display; Lake Ontario, replacements of joints of the prosthetic replacements. The Veterans
Olcott, NY. musculoskeletal system. The Schedule Court determined that the plain
(a) Location. This zone will for Rating Disabilities under these DCs language of DC 5055 was unambiguous.
encompass all waters of Lake Ontario; allows for a 1-year, 100-percent Id. at 561. The Veterans Court found
Olcott, NY within a 1,050-foot radius of disability evaluation upon prosthetic that the medical definition of ‘‘knee
position 43°20′23.6″ N. and 078°43′09.5″ replacement of a joint. This final rule joint’’ encompassed three distinct
W. (NAD 83). clarifies that VA’s longstanding compartments of the knee and that
(b) Enforcement period. This interpretation of DCs 5051 through 5056 ‘‘[n]othing in the plain language of the
regulation will be enforced on July 10, is that a 100-percent evaluation will be regulation indicates that it applies to
2015; July 23, 2015; August 13, 2015; in place for a period of one year when replacements of less than a complete
August 27, 2015; and September 6, 2015 the total joint, rather than the partial knee joint . . .’’. Id. In addition, the
from 9:30 p.m. until 11 p.m. joint, has been replaced by a prosthetic Veterans Court cited DC 5054, for hip
(c) Regulations. (1) In accordance with implant. joint prosthesis, as an example of when
the general regulations in § 165.23, entry DATES: Effective Date: This final rule is VA intends to evaluate partial joint
into, transiting, or anchoring within this effective July 16, 2015. replacement. Diagnostic Code 5054, also
safety zone is prohibited unless FOR FURTHER INFORMATION CONTACT: under § 4.71a, provides evaluation
authorized by the Captain of the Port Stephanie Li, Chief, Regulations Staff criteria for ‘‘[p]rosthetic replacement of
Buffalo or his designated on-scene (211D), Compensation Service, the head of the femur or of the
representative. Department of Veterans Affairs, 810 acetabulum’’ (italics added), which
(2) This safety zone is closed to all Vermont Avenue NW., Washington, DC together make up the hip joint. Id. The
vessel traffic, except as may be 20420, (202) 461–9700. (This is not a Veterans Court concluded that ‘‘DC
permitted by the Captain of the Port toll-free telephone number.) 5055 applies only to total knee
Buffalo or his designated on-scene SUPPLEMENTARY INFORMATION: Diagnostic
replacements, as the Secretary has
representative. codes (DCs) 5051 through 5056, under demonstrated in other parts of § 4.71(a)
(3) The ‘‘on-scene representative’’ of 38 CFR 4.71a, govern the Schedule for [sic] that he is aware of how to include
the Captain of the Port Buffalo is any Rating Disabilities (Rating Schedule) for partial joint replacements as part of
Coast Guard commissioned, warrant or prosthetic replacement of joints under disability rating criteria in other parts of
petty officer who has been designated the musculoskeletal system. These DCs § 4.71(a) [sic].’’ Id. at 562.
by the Captain of the Port Buffalo to act In view of the above court decision,
state that a 100-percent evaluation will
on his behalf. and VA’s longstanding interpretation,
be sustained for 1 year following the
VA is amending its regulations to clarify
(4) Vessel operators desiring to enter prosthetic replacement of the named
that the language of § 4.71a, Prosthetic
or operate within the safety zone must joint. This period of total disability
Implants, which refers to replacement of
contact the Captain of the Port Buffalo evaluation is designed to provide
or his on-scene representative to obtain temporary convalescence for major 1 ‘‘Patients with osteoarthritis that is limited to
permission to do so. The Captain of the surgery, such as total joint replacement.
tkelley on DSK3SPTVN1PROD with RULES
just one part of the knee may be candidates for
Port Buffalo or his on-scene Following the convalescent period, a unicompartmental knee replacement (also called a
representative may be contacted via Department of Veterans Affairs (VA) or ‘partial’ knee replacement).’’ ‘‘Unicompartmental
VHF Channel 16. Vessel operators given VA-approved examination is conducted Knee Replacement,’’ American Academy of
Orthopedic Surgeons, Ortho Info, 1 (June 2010),
permission to enter or operate in the to determine any residual disability, and http://orthoinfo.aaos.org/topic.cfm?topic=A00585
safety zone must comply with all a new rating evaluation is assigned (last visited Mar. 19, 2014).
directions given to them by the Captain based on such residuals. 2 Id.
VerDate Sep<11>2014 16:14 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1](https://thefederalregister.org/doc/80_FR_42174/page/3.svg)
Document Created: 2015-12-15 13:13:37
Document Modified: 2015-12-15 13:13:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from July 16, 2015 until September 6, 2015. For the purposes of enforcement, actual notice will be used from June 25, 2015 until July 16, 2015. | |
| Contact | If you have questions on this rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. | |
| FR Citation | 80 FR 42038 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR