85520 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 

recordkeeping, or other administrative 

requirements. Accordingly, a regulatory 

flexibility analysis is not required. 

Paperwork Reduction Act 

The collection of information in this 

rule has been previously approved by 

the Office of Management and Budget 

(OMB) under the title ‘‘Labeling and 

Advertising Requirements Under the 

Federal Alcohol Administration Act,’’ 

and assigned control number 1513– 

0087. This regulation will not result in 

a substantive or material change in the 

previously approved collection action, 

since the nature of the mandatory 

information that must appear on labels 

affixed to the container remains 

unchanged. 

Executive Order 12866 

It has been determined that this final 

rule is not a significant regulatory action 

as defined in Executive Order 12866 of 

September 30, 1993. Therefore, a 

regulatory assessment is not necessary. 

Inapplicability of the Delayed Effective 

Date Requirement 

Because these regulations relieve a 

restriction by providing wine and 

distilled spirits bottlers and importers 

with additional flexibility to use new 

bottle sizes if they so choose, and do not 

impose any new reporting, 

recordkeeping, or other administrative 

requirements, it has been determined, 

pursuant to 5 U.S.C. 553(d)(1), that 

these regulations will be issued without 

a delayed effective date. 

Drafting Information 

Jennifer Berry of the Regulations and 

Rulings Division drafted this document, 

along with other Department of the 

Treasury personnel. 

List of Subjects 

27 CFR Part 4 

Advertising, Alcohol and alcoholic 

beverages, Consumer protection, 

Customs duties and inspection, Export, 

Imports, Labeling, Packaging and 

containers, Reporting and recordkeeping 

requirements, Wine. 

27 CFR Part 5 

Advertising, Alcohol and alcoholic 

beverages, Consumer protection, 

Customs duties and inspection, Exports, 

Imports, Labeling, Liquors, Packaging 

and containers, Reporting and 

recordkeeping requirements. 

27 CFR Part 7 

Advertising, Alcohol and alcoholic 

beverages, Beer, Customs duties and 

inspection, Exports, Imports, Labeling, 

Malt beverages, Packaging and 

containers. Reporting and recordkeeping 

requirements. 

Amendment to the Regulations 

For the reasons discussed in the 

preamble, TTB is amending 27 CFR 

parts 4, 5, and 7 as follows: 

PART 4—LABELING AND 

ADVERTISING OF WINE 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 27 U.S.C. 205, unless otherwise 

noted. 

■ 2. Section 4.71(a)(3) is revised to read 

as follows: 

§ 4.71 Standard wine containers. 

(a) * * * 

(3) Headspace. It must be designed 

and filled so that the headspace, or 

empty space between the top of the 

wine and the top of the container, meets 

the following specifications: 

(i) 187 mL or more. If the net contents 

stated on the label are 187 milliliters or 

more, the headspace must not exceed 6 

percent of the container’s total capacity 

after closure. 

(ii) Less than 187 mL. If the net 

contents stated on the label are less than 

187 milliliters, except as described in 

(a)(3)(iii) of this section, the headspace 

must not exceed 10 percent of the 

container’s total capacity after closure. 

(iii) Exception. Wine bottled in clear 

containers with the contents clearly 

visible, with a net content stated on the 

label of 100 milliliters or less, may have 

a headspace that does not exceed 30 

percent of the container’s total capacity 

after closure. 

■ 3. In § 4.72, amend the table in 

paragraph (a) by adding to the list of 

authorized standards of fill three new 

sizes after the entry for 375 milliliters, 

to read as follows: 

§ 4.72 Metric standards of fill. 

(a) * * * 

* * * * * 

355 milliliters. 

250 milliliters. 

200 milliliters. 

* * * * * 

PART 5—LABELING AND 

ADVERTISING OF DISTILLED SPIRITS 

■ 4. The authority citation for part 5 

continues to read as follows: 

Authority: 26 U.S.C. 5301, 7805, 27 U.S.C. 

205. 

■ 5. In § 5.38, revise paragraph (a) to 

read as follows: 

§ 5.38 Net Contents. 

(a) Standards of fill. The net contents 

of distilled spirits shall be stated in 

metric measure. The equivalent 

standard U.S. measure may also be 

stated on the container in addition to 

the metric measure. See § 5.47a of this 

part for tolerances and for regulations 

pertaining to unreasonable shortages. 

* * * * * 

■ 6. In § 5.47a, amend paragraph (a)(1) 

by adding to the list of authorized 

standards of fill four new entries in 

numeric order, to read as follows: 

§ 5.47a Metric standards of fill (distilled 

spirits bottled after December 31, 1979). 

(a) * * * 

(1) * * * 8 liters. 

* * * * * 

900 milliliters. 

* * * * * 

720 milliliters. 

700 milliliters. 

* * * * * 

PART 7—LABELING AND 

ADVERTISING OF MALT BEVERAGES 

■ 7. The authority citation for part 7 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

■ 8. In § 7.27, the introductory text of 

paragraph (a) is revised to read as 

follows: 

§ 7.27 Net contents. 

(a) Net contents shall be stated in 

standard U.S. measure as follows, and 

the equivalent metric measure may also 

be stated: 

* * * * * 

Signed: December 22, 2020. 

Elisabeth C. Kann, 

Acting Administrator. 

Approved: December 22, 2020. 

Timothy E. Skud, 

Deputy Assistant Secretary, Tax, Trade, and 

Tariff Policy. 

[FR Doc. 2020–28747 Filed 12–28–20; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2020–0719] 

RIN 1625–AA00 

Safety Zone; Oakland Ship-to-Shore 

Crane Arrival, San Francisco Bay, 

Oakland, CA 

AGENCY: Coast Guard, DHS. 


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Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 85521 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San 

Francisco Bay during the transit of the 

M/V ZHEN HUA 35, scheduled to arrive 

between December 24, 2020 and January 

10, 2021. This safety zone is necessary 

to protect personnel, vessels, and the 

marine environment from hazards 

associated with the arms of three shipto-shore gantry cranes, which will 

extend more than 200 feet out from the 

transiting vessel when the arms are 

lowered, and from the vessel’s stability 

condition due to an air draft greater than 

300 feet when the cranes are in the up 

position. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port San Francisco or 

a designated representative. 

DATES: This rule is effective without 

actual notice from December 29, 2020 

through 11:59 p.m. on January 10, 2021. 

For the purposes of enforcement, actual 

notice will be used from 12:01 a.m. 

December 24, 2020 through December 

29, 2020. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0719 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 LT Anthony Solares, Waterways 

Management, U.S. Coast Guard; 

telephone (415) 399–7443, email 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port San Francisco 

DHS Department of Homeland Security 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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 with 

respect to this rule because it is 

impracticable. The Coast Guard did not 

receive details for the vessel’s arrival 

and transit until December 20, 2020. 

The Coast Guard must establish this 

safety zone by December 24, 2020 and 

lacks sufficient time to provide a 

reasonable comment period and 

consider those comments before issuing 

the rule. 

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. It is contrary to the public 

interest to delay the effective date of this 

rule because the safety zone must be 

effective by December 24, 2020 to 

protect vessels and persons from the 

dangers associated with the M/V ZHEN 

HUA 35 as it transits a busy waterway 

between December 24, 2020 and January 

10, 2021. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port San Francisco has 

determined that potential hazards 

associated with the transit of the M/V 

ZHEN HUA 35 between December 24, 

2020 and January 10, 2021, will be a 

safety concern for anyone within a 500- 

foot radius of the vessel during its 

transit to Oakland, Berth 58, while the 

vessel is within the San Francisco Bay 

and areas shoreward of the line drawn 

between San Francisco Main Ship 

Channel Lighted Bell Buoy 7 and San 

Francisco Main Ship Channel Lighted 

Whistle Buoy 8 (LLNR 4190 & 4195) in 

positions 37°46.9′ N, 122°35.4′ W and 

37°46.5′ N, 122°35.2′ W, respectively. 

For this reason, a safety zone is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters around the M/V ZHEN HUA 35 

during its transit to Berth 58 at the 

Oakland International Container 

Terminal in Oakland, CA. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 12:01 a.m. on December 24, 2020 

until 11:59 p.m. on January 10, 2021, 

during the inbound transit of the M/V 

ZHEN HUA 35. While the M/V ZHEN 

HUA 35 is within the San Francisco Bay 

and areas shoreward of the line drawn 

between San Francisco Main Ship 

Channel Lighted Bell Buoy 7 and San 

Francisco Main Ship Channel Lighted 

Whistle Buoy 8 (LLNR 4190 & 4195) in 

positions 37°46.9′ N, 122°35.4′ W and 

37°46.5′ N, 122°35.2′ W, respectively, 

the safety zone will encompass the 

navigable waters around and under the 

vessel, from surface to bottom, within a 

circle formed by connecting all points 

500 feet out from the vessel. The safety 

zone is needed to protect personnel, 

mariners, and vessels from hazards 

associated with ship-to-shore gantry 

crane arms which will extend more than 

200 feet out from the transiting vessel. 

This loading configuration is necessary 

in order for the vessel to pass safely 

under the Golden Gate Bridge and the 

San Francisco-Oakland Bay Bridge. 

The M/V ZHEN HUA 35 will make a 

temporary stop in Anchorage 9 during 

its transit to the Oakland International 

Container Terminal. The vessel will 

stop temporarily for the crew to make 

adjustments to the cargo so the vessel 

can safely moor at Berth 58 in Oakland, 

CA. The cargo adjustments will include 

raising three ship-to-shore crane arms to 

an upright position which will facilitate 

mooring. 

The effect of the safety zone is to 

restrict navigation in the vicinity of the 

M/V ZHEN HUA 35. Except for persons 

or vessels authorized by the COTP or 

the COTP’s designated representative, 

no person or vessel may enter or remain 

in the restricted area. ‘‘Designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel or 

a Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

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 limited duration and 


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85522 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 

narrowly tailored geographic area of the 

safety zone. This safety zone impacts a 

500-foot-radius area of the San 

Francisco Bay in San Francisco, CA for 

a limited duration. While the safety 

zone encompasses a two week period to 

account for uncertain transit delays of 

the M/V ZHEN HUA 35, the safety zone 

will only be enforced for the duration of 

the vessel’s inbound transit, which is 

expected to last less than 24 hours, and 

that period will be announced via 

Broadcast Notice to Mariners. Vessels 

desiring to transit through the safety 

zone may do so upon express 

permission from the COTP or the 

COTP’s designated representative. 

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 

temporary 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 (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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

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 

Directive 023–01 and U.S. Coast Guard 

Environmental Planning Policy, 

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 which prevents entry to a 500-foot 

radius area of the San Francisco Bay for 

a limited period of time during a 

vessel’s inbound transit. It is 

categorically excluded from further 

review under paragraph L60(a) in Table 

3–1 of Department of Homeland 

Security Directive 023–01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 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: 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.T11–035 to read as 

follows: 

§ 165.T11–045 Safety Zone; Oakland Shipto-Shore Crane Arrival, San Francisco Bay, 

Oakland, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 500 feet out from 

the vessel, M/V ZHEN HUA 35, during 

the vessel’s inbound transit from a line 

drawn between San Francisco Main 

Ship Channel Lighted Bell Buoy 7 and 

San Francisco Main Ship Channel 

Lighted Whistle Buoy 8 (LLNR 4190 & 

4195) in positions 37°46.9′ N, 122°35.4′ 

W (NAD 83) and 37°46.5′ N, 122°35.2′ 

W (NAD 83), respectively, to Berth 58 at 

the Oakland International Container 

Terminal in Oakland, CA. This transit 

includes a stop at Anchorage 9 to 

reposition the vessel’s cargo. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 


KHAMMOND on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 85523 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced between 12:01 a.m. on 

December 24, 2020 until 11:59 p.m. on 

January 10, 2021 during the inbound 

transit of the M/V ZHEN HUA 35, or as 

announced via Broadcast Notice to 

Mariners. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Dated: December 22, 2020. 

Marie B. Byrd, 

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

Port, San Francisco. 

[FR Doc. 2020–28874 Filed 12–28–20; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AP88 

Schedule for Rating Disabilities: 

Musculoskeletal System and Muscle 

Injuries; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Veterans 

Affairs (VA) is making correcting 

amendments to the final rule published 

on November 30, 2020. The final rule 

amends the Department of Veterans 

Affairs (VA) Schedule for Rating 

Disabilities (‘‘VASRD’’ or ‘‘rating 

schedule’’) by revising the portion of the 

rating schedule that addresses the 

musculoskeletal system. 

DATES: Effective February 7, 2021. 

FOR FURTHER INFORMATION CONTACT: Gary 

Reynolds, M.D., Regulations Staff 

(211C), Compensation Service, Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

9700. (This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: VA is 

correcting its final rule, ‘‘RIN 2900– 

AP88; Schedule for Rating Disabilities: 

Musculoskeletal System and Muscle 

Injuries’’, that was published on 

November 30, 2020, in the Federal 

Register at 38 CFR, Vol. 85, No. 230, 

76453. The first error is with instruction 

2(a), in which we intended to revise 

diagnostic code 5003. We are correcting 

this error by revising the entire 

diagnostic code 5003. The second error 

contains inaccurate diagnostic codes for 

Prosthetic implants in appendix C. We 

are correcting this error by revising the 

entry for Prosthetic implants. 

Jeffrey M. Martin, 

Assistant Director, Office of Regulation Policy 

& Management, Office of the Secretary, 

Department of Veterans Affairs. 

In FR Doc. 2020–25450 appearing on 

page 76453 in the Federal Register of 

Monday, November 30, 2020, the 

following corrections are made: 

§ 4.71a [Corrected] 

■ 1. On page 76460, in § 4.71a, the entry 

for diagnostic code 5003 is correctly 

revised to read as follows: 

§ 4.71a Schedule of ratings— 

musculoskeletal system. 

ACUTE, SUBACUTE, OR CHRONIC DISEASES

Rating 

* * * * * * * 

5003 Degenerative arthritis, other than post-traumatic: 

Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate 

diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the 

specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under 

diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or 

satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below: 

With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations 20 

With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups 10 

Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion. 

Note (2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under 

diagnostic codes 5013 to 5024, inclusive. 

* * * * * * * 

Appendix C to Part 4 [Corrected] 

■ 2. On page 76469, in appendix C to 

part 4, the entry for ‘‘Prosthetic 

implants’’ is correctly revised to read as 

follows: 

Appendix C to Part 4—Alphabetical 

Index of Disabilities 


KHAMMOND on DSKJM1Z7X2PROD with RULES