8140 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 

document via the internet through the 

Commission’s Home Page (http://

www.ferc.gov). At this time, the 

Commission has suspended access to 

the Commission’s Public Reference 

Room due to the President’s March 13, 

2020 proclamation declaring a National 

Emergency concerning the Novel 

Coronavirus Disease (COVID–19). 

45. From the Commission’s Home 

Page on the internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

46. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from 

FERC Online Support at 202–502–6652 

(toll free at 1–866–208–3676) or email at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202)502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

X. Effective Date and Congressional 

Notification 

47. These regulations are effective 

April 5, 2021. The Commission has 

determined, with the concurrence of the 

Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not a ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This final rule is 

being submitted to the Senate, House, 

Government Accountability Office, and 

Small Business Administration. 

List of Subjects in 18 CFR Part 292 

Electric power plants, Electric 

utilities, Reporting and recordkeeping 

requirements. 

By the Commission. Commissioner 

Clements is not participating. 

Issued: December 17, 2020. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission amends part 292, chapter I, 

title 18, Code of Federal Regulations, as 

follows: 

PART 292—REGULATIONS UNDER 

SECTIONS 201 AND 210 OF THE 

PUBLIC UTILITY REGULATORY 

POLICIES ACT OF 1978 WITH REGARD 

TO SMALL POWER PRODUCTION AND 

COGENERATION 

■ 1. The authority citation for part 292 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r, 2601– 

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

■ 2. Amend § 292.202 by revising 

paragraphs (h)(2) and (3) and adding 

paragraph (h)(4) to read as follows: 

§ 292.202 Definitions. 

* * * * * 

(h) * * * : 

(2) That is used in a heating 

application (e.g., space heating, 

domestic hot water heating); 

(3) That is used in a space cooling 

application (i.e., thermal energy used by 

an absorption chiller); or 

(4) That is used by a fuel cell system 

with an integrated steam hydrocarbon 

reformation process for production of 

fuel for electricity generation. 

* * * * * 

[FR Doc. 2021–01988 Filed 2–3–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0035] 

RIN 1625–AA00 

Safety Zone; Power Plant Demolition; 

Grand River, Grand Haven, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within 1400 feet of 

a demolition site near the eastern bank 

of the Grand River in Grand Haven, MI. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the controlled implosion of 

the J.B. Sims power plant. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Lake Michigan or a designated 

representative. 

DATES: This rule is effective from 9:30 

a.m. on February 5 through 10:30 a.m. 

on February 19, 2021. The rule will be 

enforced from 9:30 a.m. to 10:30 a.m. on 

both February 5 and February 19, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0035 in the ‘‘SEARCH’’ box, and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Chief Petty Officer Jeromy 

Sherrill, Sector Lake Michigan 

Waterways Management Division, U.S. 

Coast Guard; telephone 414–747–7148, 

email Jeromy.N.Sherrill@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The 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 (NPRM) 

with respect to this rule because the 

Coast Guard not made aware of the 

intended demolition project until 

January 12, 2021, and immediate action 

is needed to mitigate potential safety 

hazards associated with the demolition 

process. Delaying the effective date of 

this rule to wait for a comment period 

to run would be impracticable and 

contrary to public interest by inhibiting 

the Coast Guard’s ability to protect 

against the known and anticipated 

hazards. 

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 

elapse would be impracticable because 

immediate action is needed to mitigate 

potential safety hazards associated with 

the controlled implosion of portion of 

the power plant adjancent to the Grand 

River. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

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

Captain of the Port (COTP) Lake 

Michigan has determined that potential 

safety hazards associated with the 

demolition of the J.B. Sims power plant 


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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8141 

will be a safety concern for anyone on 

navigable waters within 1400 feet of the 

demolition site. This work is scheduled 

to take place on February 5 and 

February 19, 2021, on the Grand River 

in Grand Haven, MI. This rule is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

structures are imploded. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9:30 a.m. through 10:30 a.m. on 

February 5 and February 19, 2021. The 

safety zone will cover all navigable 

waters of the Grand River in Grand 

Haven, MI, within 1400 feet of the blast 

area located on the eastern bank of the 

river at coordinates 43.0705000° N, 

086.2346667°. The date and time of the 

enforcement period will be announced 

by the COTP Lake Michigan by 

Broadcast Notice to Mariners. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters during the implosion of 

structures near the river. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

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 characteristics of the 

safety zone. The safety zone created by 

this rule will be relatively small and is 

designed to minimize its impact on 

navigable waters. This rule will prohibit 

entry into certain navigable waters of 

the Grand River in Grand Haven, MI, 

and is not anticipated to exceed two 2- 

hour periods in duration. 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 COTP Lake Michigan. 

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. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of federal employees who 

enforce, or otherwise determine 

compliance with, federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 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, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting for a total of 2 hours that 

will prohibit entry within 1400 feet of 

a blast area near the eastern bank of the 

Grand River for the demolition of 

sections of a power plant. It is 

categorically excluded from further 


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8142 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—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.T09–0035 to read as 

follows: 

§ 165.T09–0035 Safety Zone; Power Plant 

Demolition; Grand River, Grand Haven, MI. 

(a) Location. All navigable waters of 

the Grand River within 1400 feet of the 

blast area on the eastern bank of the 

river at coordinates 43.0705000° N, 

086.2346667°. 

(b) Enforcement period. The regulated 

area described in paragraph (a) is 

effective from 9:30 a.m. through 10:30 

a.m. on February 5 and February 19, 

2021. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan 

(COTP) or a designated representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) The ‘‘designated representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the COTP 

to act on his or her behalf. 

(4) Persons and vessel operators 

desiring to enter or operate within the 

safety zone must contact the COTP or an 

on-scene representative to obtain 

permission to do so. The COTP or an 

on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

COTP or an on-scene representative. 

Dated: February 1, 2021. 

D.P. Montoro, 

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

Port Lake Michigan. 

[FR Doc. 2021–02356 Filed 2–3–21; 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 85 FR 76453. The error is 

with the diagnostic code used to 

evaluate plantar fasciitis in schedule for 

ratings of the foot under the Schedule of 

Ratings for the Musculoskeletal System. 

A new diagnostic code for plantar 

fasciitis was assigned in the final rule 

under diagnostic code 5285; however, 

this code was previously used to 

evaluate ‘‘vertebra, fracture of, 

residuals’’ and later ‘‘vertebral fracture 

or dislocation’’ in the General Rating 

Formula for Diseases and Injuries of the 

Spine in the Schedule for Rating for the 

spine until September 26, 2003 when it 

was moved under diagnostic code 5235, 

‘‘vertebral fracture or dislocation.’’ See 

68 FR 51454 and 67 FR 56509. Though 

vertebral fracture or dislocation is now 

evaluated using diagnostic code 5235, 

VA’s corporate database still uses 

historical diagnostic code 5285 to 

compensate veterans for residuals of 

fractures of the vertebra who have not 

yet been converted to the current 

diagnostic code 5235. In order to avoid 

any issues with the use of the new 

diagnostic code for plantar fasciitis 

under 5285 and the historical diagnostic 

code 5285 previously used to evaluate 

residuals of spinal fractures, VA assigns 

a new diagnostic code for plantar 

fasciitis under diagnostic code 5269. As 

such, we are also redesignating the 

entire entry for plantar fasciitis from 

diagnostic codes 5285 to 5269, though 

we are maintaining its location in 

§ 4.71a in the table entitled ‘‘The Foot’’ 

between diagnostic codes 5284 and 

5296. 

Corrections 

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 the third column, 

in § 4.71a, the text of amendatory 

instruction 2.e. ‘‘Adding the diagnostic 

code 5244 to the table entitled ‘‘The 

Spine’’ and the diagnostic code 5285 to 

the table entitled ‘‘The Foot’’’’ is 

corrected to read ‘‘Adding the 

diagnostic code 5244 in numerical order 

to the table entitled ‘‘The Spine’’ and 

the diagnostic code 5269 in numerical 

order to the table entitled ‘‘The Foot’’’’. 

§ 4.71a [Corrected] 

■ 2. On page 76464, in § 4.71a, the entry 

for diagnostic code 5269 is added and 

the entry for diagnostic code 5285 is 

removed to read as follows: 

§ 4.71a Schedule of ratings— 

musculoskeletal system. 

* * * * * 


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