65278 Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Proposed Rules 

(ii) Exclude such person from the 

definition of the term ‘‘party in interest’’ 

(as set forth in section 3(14)(B) of the 

Act) with respect to any assets of the 

plan. 

* * * * * 

Signed at Washington, DC, this 13th day of 

October 2010. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

[FR Doc. 2010–26236 Filed 10–21–10; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF DEFENSE 

Corps of Engineers, Department of the 

Army 

33 CFR Part 334 

Pamlico Sound and Adjacent Waters, 

NC; Danger Zones for Marine Corps 

Operations 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

its regulations to establish one new 

danger zone in Pamlico Sound near 

Marine Corps Air Station Cherry Point, 

North Carolina. Establishment of this 

danger zone will enable the Marine 

Corps to control access and movement 

of persons, vessels, and objects within 

the danger zone during live fire training 

exercises. 

DATES: Written comments must be 

received by November 22, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0037, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: david.b.olson@usace. 

army.mil. Include the docket number 

COE–2010–0037 in the subject line of 

the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0037. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http: 

//regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

e-mail. The regulations.gov Web site is 

an anonymous access system, which 

means we will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail directly to the 

Corps without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, we recommend 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or 

Richard K. Spencer, U.S. Army Corps of 

Engineers, Wilmington District, at 910– 

251–4172. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps 

proposes to amend the regulations in 

33 CFR part 334 by adding § 334.420 

(b)(1)(v) to establish an Intermittent 

Danger Zone abutting the existing 1.8 

mile Danger Zone [as described in 

§ 334.420(b)(1)(i)] in the Pamlico Sound 

and adjacent waters in Carteret County, 

North Carolina. The public is currently 

restricted from accessing the existing 1.8 

mile radius circular area and has limited 

access to three additional 0.5 mile 

radius circular danger zones described 

at §§ 334.420(b)(1)(ii), (iii), and (iv), but 

has unrestricted access to the 

surrounding waters. To better protect 

the public from potentially hazardous 

conditions during scheduled live fire 

training, Marine Corps Air Station 

Cherry Point has requested that the 

Corps establish the Intermittent Danger 

Zone that will enable the Marine Corps 

to ensure security and safety for the 

public. 

The current military training mission 

requires enhanced public safety and 

protection of vessels that operate in the 

vicinity of the Bombing Target-11 range. 

This proposed amendment to the 

current danger zone regulation at 33 

CFR 334.420 includes the addition of a 

danger zone in Pamlico Sound that 

abuts the existing 1.8 mile radius danger 

zone and extends out to 2.5 miles from 

the common center point. Establishment 

of this additional danger zone will allow 

the Marine Corps to minimize the 

public safety hazard resulting from the 

increased use of .50 caliber weapons 

firing from rotary-wing aircraft and 

small boats during training exercises at 

Bombing Target-11 Range. The new 

danger zone will optimize public safety 

and military training, and protect any 

vessels that operate in the vicinity of 

Bombing Target-11 Range. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This proposed rule is issued 

with respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. This proposed rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps has 

determined that revising this proposed 

rule would have practically no 

economic impact on the public, or result 

in no anticipated navigational hazard or 

interference with existing waterway 

traffic. This proposed rule will have no 

significant economic impact on small 

entities. 

c. Review Under the National 

Environmental Policy Act. The Corps 

expects that the proposed rule will not 

have a significant impact to the quality 

of the human environment and, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Proposed Rules 65279 

therefore, preparation of an 

environmental impact statement will 

not be required. After the comment 

period, an environmental assessment 

will be prepared and it may be reviewed 

at the District office listed at the end of 

the FOR FURTHER INFORMATION CONTACT, 

above. 

d. Unfunded Mandates Act. The 

proposed rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private sector mandate and is not 

subject to the requirements of Section 

202 or 205 of the Unfunded Mandates 

Reform Act (Pub. L. 104–4, 109 Stat. 48, 

2 U.S.C. 1501 et seq.). We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly or uniquely affected by this 

proposed rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

2. In § 334.420 add paragraphs 

(b)(1)(v) and (b)(2)(iii) to read as follows: 

§ 334.420 Pamlico Sound and adjacent 

waters, N.C.; danger zones for Marine 

Corps operations. 

* * * * * 

(b) * * * 

(1) * * * 

(v) The waters within a circular band 

with an inner radius of 1.8 statute miles 

and an outer radius of 2.5 statute miles 

having its center at latitude 35°02′12′′, 

longitude 76°28′00′′. 

(2) * * * 

(iii) The areas described in paragraph 

(b)(1)(v) of this section shall be used as 

a strafing area. Practice and dummy 

ammunition will be used. Operations 

will be conducted on five consecutive 

days (Monday through Friday) per 

month during the months of February 

through November between the hours of 

4 p.m. to 11 p.m. The block training 

dates will be scheduled two weeks in 

advance of the actual training start date. 

Marine Corps Air Station, Cherry Point 

will have a call-in number for public 

use to provide information on the 

current use of the training area. The 

Notification to Mariners System will 

also be utilized to inform the public on 

the status of the training area. No vessel 

or person shall enter the area during the 

scheduled block training session except 

for such vessels as may be directed by 

the enforcing agency to enter on 

assigned duties. The area will be 

patrolled and vessels ‘‘buzzed’’ by the 

patrol plane prior to the conduct of 

operations in the area. Vessels or 

personnel which have inadvertently 

entered the danger zone shall leave the 

area immediately upon being so warned. 

* * * * * 

Dated: October 8, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–26442 Filed 10–21–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AN75 

Schedule for Rating Disabilities; AL 

Amyloidosis (Primary Amyloidosis) 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the Department of Veterans 

Affairs (VA) Schedule for Rating 

Disabilities (rating schedule) by 

updating the schedule of ratings for the 

hemic and lymphatic systems to include 

AL amyloidosis. This regulatory action 

is necessary to add AL amyloidosis as 

one of the disease conditions and 

establish criteria for disability 

evaluation to fully implement the 

decision by the Secretary of Veterans 

Affairs to grant presumptive service 

connection based on herbicide exposure 

for this disease. The intended effects are 

to provide consistency in disability 

ratings and to ease tracking of AL 

amyloidosis for statistical analysis. 

DATES: Comments must be received by 

VA on or before December 21, 2010. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN75—Schedule for Rating Disabilities; 

AL Amyloidosis (Primary 

Amyloidosis).’’ All comments received 

will be available for public inspection in 

the Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m., Monday 

through Friday (except holidays). Please 

call (202) 461–4902 for an appointment. 

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

addition, during the comment period, 

comments are available online through 

the Federal Docket Management System 

(FDMS) at http://www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Kniffen, Chief, Regulations 

Staff (211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9725. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: A final 

rule was published in the Federal 

Register at 74 FR 21258 amending 38 

CFR 3.309(e) by adding AL amyloidosis 

to the list of diseases associated with 

exposure to certain herbicide agents. 

Currently, the rating schedule does not 

have a diagnostic code for AL 

amyloidosis. As an unlisted condition, 

it is rated by analogy to non-Hodgkin’s 

lymphoma using the ‘‘built-up’’ 

diagnostic code 7799–7715. However, 

AL amyloidosis is not part of the group 

of diseases under the non-Hodgkin’s 

lymphoma classification, but a disorder 

of the bone marrow characterized by the 

accumulation and deposition of 

abnormal, insoluble proteins called light 

chain amyloid proteins in any organ of 

the body, interfering with the structure 

and function of the organ. Therefore, AL 

amyloidosis requires a set of evaluation 

criteria with a unique diagnostic code, 

which will serve as a basis for disability 

rating. VA proposes a regulation that 

would amend the rating schedule by 

adding rating guidance and a diagnostic 

code specifically for AL amyloidosis. 

AL amyloidosis is a seriously 

disabling, progressive, and incurable 

condition. It is usually fatal within 1 to 

2 years of diagnosis. Because of its rarity 

and rapid progression, AL amyloidosis 

may not be diagnosed until it has 

resulted in considerable multi-organ 

damage (to heart, kidney, liver, spleen, 

intestine, etc.). At the time of diagnosis, 

the most common findings are nephrotic 

syndrome with or without renal 

insufficiency, congestive 

cardiomyopathy, peripheral neuropathy, 

and hepatomegaly. The extent of the 

disease limits the specific types of 

treatments that can be used. Stem cell 

transplantation with high dose 

chemotherapy, an aggressive and risky 

treatment with serious side effects and 

a significant mortality rate, can be used 

in a limited number of patients who 

meet the criteria to undergo such severe 

treatment. This treatment has shown 

promise in prolonging life but does not 


emcdonald on DSK2BSOYB1PROD with PROPOSALS