16726 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Rules and Regulations 

allows to the attorney as part of its 

judgment a fee not in excess of 25 

percent of the total of past-due benefits 

to which the claimant is eligible by 

reason of the judgment, we may pay the 

attorney the amount of the fee out of, 

but not in addition to, the amount of the 

past-due benefits payable. We will not 

pay directly any other fee your 

representative may request. 

■ 11. Add § 416.1530 to read as follows: 

§ 416.1530 Payment of fees. 

(a) Fees allowed by a Federal court. 

Commencing February 28, 2005, we will 

pay a representative who is an attorney, 

out of your past-due benefits, as defined 

in § 416.1503, the amount of the fee 

allowed by a Federal court in a 

proceeding under title XVI of the Act. 

The payment we make to the attorney is 

subject to the limitations described in 

paragraph (b)(1) of this section. 

(b) Fees we may authorize—(1) 

Attorneys and non-attorneys eligible to 

participate in the direct payment 

demonstration project. Except as 

provided in paragraphs (c) and (e) of 

this section, commencing February 28, 

2005, if we make a determination or 

decision in your favor and you were 

represented by an attorney or a nonattorney who is eligible to participate in 

the direct payment demonstration 

project, as defined in § 416.1517, and as 

a result of the determination or decision 

you have past-due benefits, as defined 

in § 416.1503, we will pay the 

representative out of the past-due 

benefits, the smallest of the amounts in 

paragraphs (b)(1)(i) through (iii) of this 

section, less the amount of the 

assessment described in paragraph (d) of 

this section. 

(i) Twenty-five percent of the total of 

the past-due benefits, as determined 

before any payment to a State (or 

political subdivision) to reimburse the 

State (or political subdivision) for 

interim assistance furnished you, as 

described in § 416.525 of this part, and 

reduced by the amount of any reduction 

in benefits under this title or title II 

pursuant to section 1127 of the Act; 

(ii) The amount of past-due benefits 

remaining after we pay to a State (or 

political subdivision) an amount 

sufficient to reimburse the State (or 

political subdivision) for interim 

assistance furnished you, as described 

in § 416.525 of this part, and after any 

applicable reductions under section 

1127 of the Act; or 

(iii) The amount of the fee that we set. 

(2) Non-attorneys not eligible to 

participate in the direct payment 

demonstration project. If the 

representative is a non-attorney who is 

not eligible to participate in the direct 

payment demonstration project, we 

assume no responsibility for the 

payment of any fee that we have 

authorized. We will not deduct the fee 

from your past-due benefits. 

(c) Time limit for filing request for 

approval of fee in order to obtain direct 

payment. (1) In order to receive direct 

payment of a fee from your past-due 

benefits, a representative who is either 

an attorney or a non-attorney who is 

eligible to participate in the direct 

payment demonstration project should 

file a request for approval of a fee, or 

written notice of the intent to file a 

request, at one of our offices within 60 

days of the date the notice of the 

favorable determination is mailed. 

(2)(i) If no request is filed within 60 

days of the date the notice of the 

favorable determination is mailed, we 

will mail a written notice to you and 

your representative at your last known 

addresses. The notice will inform you 

and the representative that unless the 

representative files, within 20 days from 

the date of the notice, a written request 

for approval of a fee under § 416.1525, 

or a written request for an extension of 

time, we will pay all the past-due 

benefits to you. 

(ii) The representative must send you 

a copy of any request made to us for an 

extension of time. If the request is not 

filed within 20 days of the date of the 

notice, or by the last day of any 

extension we approved, we will pay to 

you all past-due benefits remaining after 

we reimburse the State for any interim 

assistance you received. We must 

approve any fee the representative 

charges after that time, but the 

collection of any approved fee is a 

matter between you and the 

representative. 

(d) Assessment when we pay a fee 

directly to a representative. (1) 

Whenever we pay a fee directly to a 

representative from past-due benefits, 

we impose an assessment on the 

representative. 

(2) The amount of the assessment is 

equal to the lesser of: 

(i) The product we obtain by 

multiplying the amount of the fee we 

are paying to the representative by the 

percentage rate the Commissioner of 

Social Security determines is necessary 

to achieve full recovery of the costs of 

determining and paying fees directly to 

representatives, but not in excess of 6.3 

percent; and 

(ii) The maximum assessment 

amount. The maximum assessment 

amount was initially set at $75, but by 

law is adjusted annually to reflect the 

increase in the cost of living. (See 

§§ 404.270 through 404.277 for an 

explanation of how the cost-of-living 

adjustment is computed.) If the adjusted 

amount is not a multiple of $1, we 

round down the amount to the next 

lower $1, but the amount will not be 

less than $75. We will announce any 

increase in the maximum assessment 

amount, and explain how that increase 

was determined in the Federal Register. 

(3) We collect the assessment by 

subtracting it from the amount of the fee 

to be paid to the representative. The 

representative who is subject to an 

assessment may not, directly or 

indirectly, request or otherwise obtain 

reimbursement of the assessment from 

you. 

(e) Effective dates for extension of 

direct payment of fee to attorneys. The 

provisions of this subpart authorizing 

the direct payment of fees to attorneys 

and the withholding of title XVI benefits 

for that purpose, apply in claims for 

benefits with respect to which the 

agreement for representation is entered 

into before March 1, 2010. 

[FR Doc. E7–6383 Filed 4–4–07; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CCGD05–07–023] 

RIN 1625–AA00 

Safety Zone: Willoughby Point Located 

on Langley Air Force Base, Back River, 

Hampton, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

support of the Langley Air Force Base 

Air Show event occurring on April 27, 

28 and 29, 2007 on the Back River in the 

vicinity of Willoughby Point in 

Hampton, VA. This action is intended to 

restrict vessel traffic on Back River as 

necessary to protect mariners from the 

hazards associated with the air show. 

DATES: This rule is effective from 2 p.m. 

on April 27, 2007 until 4:30 p.m. on 

April 29, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–07–

023 and are available for inspection or 

copying at the Sector Hampton Roads, 

Norfolk Federal Building, 200 Granby 

St., 7th Floor, Norfolk, VA 23510, 

between 9 a.m. and 2 p.m., Monday 

through Friday, except Federal holidays. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Rules and Regulations 16727 

Sector Hampton Roads maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the Norfolk 

Federal Building between 9 a.m. and 2 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Junior Grade TaQuitia Winn, 

Assistant Chief, Waterways 

Management Division, Sector Hampton 

Roads, at (757) 668–5580. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM in the 

Federal Register. This safety zone of 

short duration is needed to provide for 

the safety of persons and vessels in the 

vicinity of the Air Show. Immediate 

action is needed to protect mariners and 

vessels transiting the area from the 

hazards associated with the airplanes 

flying overhead. However, advance 

notifications will be made via maritime 

advisories so mariners can adjust their 

plans accordingly. 

Background and Purpose 

On April 27, 28 and 29, 2007, the 

Langley Air Force Base Air Show event 

will be held on Back River in the 

vicinity of Willoughby Point in 

Hampton, VA. Due to the need to 

protect mariners and spectators from the 

hazards associated with the air show, 

vessel traffic will be temporarily 

restricted and no vessels may anchor 

within the following area described 

below. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that encompasses all waters 

within the following area 37°-05′-35′′ N 

/ 076°-20′-47′′ W, 37°-05′-46′′ N / 076°- 

20′-04′′ W, 37°-05′-12′′ N / 076°-19′-59′′ 

W, 37°-05′-12′′ N / 076°-20′-18′′ W in the 

vicinity of the Willoughby Point in 

Hampton, VA. This regulated area will 

be established in the interest of public 

safety during the Langley Air Force Base 

Air Show event and will be enforced 

from 2 p.m. to 4:30 p.m. on April 27, 28 

and 29, 2007. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Although this regulation restricts 

access to the regulated area, the effect of 

this rule will not be significant because: 

(i) The safety zone will be in effect for 

a limited duration and (ii) the Coast 

Guard will make notifications via 

maritime advisories so mariners can 

adjust their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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 

because the zone will be in place for a 

limited duration of time and maritime 

advisories will be issued allowing the 

mariners to adjust their plans 

accordingly. However, this rule may 

affect the following entities, some of 

which may be small entities: The 

owners and operators of vessels 

intending to transit or anchor in that 

portion of the Back River from 2 p.m. to 

4:30 p.m. on April 27, 28 and 29, 2007. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 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 

Lieutenant Junior Grade TaQuitia Winn, 

Assistant Chief, Waterways 

Management Division, Sector Hampton 

Roads at (757) 668–5580. 

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. 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

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

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

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. 


rwilkins on PROD1PC63 with RULES
16728 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Rules and Regulations 

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. 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. An 

‘‘Environmental Analysis Check List’’ is 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting & Record Keeping 

Requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 Subpart C as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add Temporary § 165.T05–023, to 

read as follows: 

§ 165.T05–023 Safety Zone: Langley Air 

Force Base Air Show, Willoughby Point, 

Hampton, VA. 

(a) Location. The following area is a 

safety zone: All waters within the 

following area of the Back River in the 

vicinity of Willoughby Point in 

Hampton, VA, encompassed by a line 

connecting in 37°-05′-35′′ N / 076°-20′- 

47′′ W, 37°-05′-46′′ N / 076°-20′-04′′ W, 

37°-05′-12′′ N / 076°-19′-59′′ W, 37°-05′- 

12′′ N / 076°-20′-18′′ W. 

(b) Definition. As used in this section: 

Designated Representative means Any 

U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the Captain of the Port, 

Hampton Roads, VA, to act on his 

behalf. 

(c) Regulation. (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone as described in 

paragraph (a) of this section is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

safety zone must: (i) Stop the vessel 

immediately upon being directed to do 

so by any commissioned, warrant or 

petty officer on shore or on board a 

vessel that is displaying a U.S. Coast 

Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

VA, can be contacted at telephone 

number (757) 668–5555 or (757) 484–

8192. 

(4) The Captain of the Port or his 

designated representatives enforcing the 

safety zone can be contacted on VHF–

FM 13 and 16. 

(d) Effective period. This regulation is 

effective from 2 p.m. on April 27, 2007, 

until 4:30 p.m. on April 29, 2007. 

(e) Enforcement period. This 

regulation will be enforced from 2 p.m. 

to 4:30 p.m. on April 27, 28, and 29, 

2007. 

Dated: March 19, 2007. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard Captain of the 

Port, Hampton Roads. 

[FR Doc. E7–6262 Filed 4–4–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AM60 

Schedule for Rating Disabilities; 

Appendices A, B, and C; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Veterans 

Affairs (VA) published a document in 

the Federal Register of March 20, 2007, 

revising its Schedule for Rating 

Disabilities, Appendices A, B, and C. 

The document inadvertently contained 

two typographical errors, and this 

document corrects those errors. 

DATES: Effective Date: This correction is 

effective April 19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Trude Steele, Regulations Staff (211D), 

Compensation and Pension Service, 

Veterans Benefits Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 273–7210. 

SUPPLEMENTARY INFORMATION: The VA 

published a document in the Federal 

Register on March 20, 2007, (72 FR 

12983) revising its Schedule for Rating 

Disabilities, Appendices A, B, and C to 

include all current diagnostic codes. In 

FR Doc. E7–4914, published on March 


rwilkins on PROD1PC63 with RULES