Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Rules and Regulations 38661 

the navigation channel, and 46 feet of 

vertical clearance throughout the center 

60 feet of the bridge; vertical clearance 

references to the Mean Water Level of 

Lake Washington. 

The normal operating schedule for the 

Montlake Bridge operates in accordance 

with 33 CFR 117.1051(e). The deviation 

period and span operation is described 

in the table below: 

Time/date start Time/date end Action 

11:30 a.m. to 2 p.m. Sep 8, 2018 ..................... 5 p.m. to 7:30 p.m. Sep 8, 2018 ...................... span in the closed-to-navigation position. 

TBA Sep 22, 2018 ............................................. TBA Sep 22, 2018 ............................................ span in the closed-to-navigation position. 

TBA Sep 29, 2018 ............................................. TBA Sep 29, 2018 ............................................ span in the closed-to-navigation position. 

TBA Oct 20, 2018 .............................................. TBA Oct 20, 2018 ............................................ span in the closed-to-navigation position. 

TBA Nov 3, 2018 ............................................... TBA Nov 3, 2018 .............................................. span in the closed-to-navigation position. 

TBA Nov 17, 2018 ............................................. TBA Nov 17, 2018 ............................................ span in the closed-to-navigation position. 

Waterway usage on the Lake 

Washington Ship Canal ranges from 

commercial tug and barge to small 

pleasure craft. Vessels able to pass 

through the bridge in the closed-tonavigation position may do so at 

anytime. The bridge will be able to open 

for emergency vessels in route to a call 

when an hour notice is given to the 

bridge operator. The Lake Washington 

Ship Canal has no immediate alternate 

route for vessels to pass. The Coast 

Guard will also inform the users of the 

waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: July 31, 2018. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2018–16848 Filed 8–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0427] 

RIN 1625–AA00 

Safety Zone; USA Triathlon Age Group 

National Championships; Lake Erie, 

Cleveland, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Lake Erie during the 

USA Triathlon Age Group National 

Championships. This safety zone is 

intended to restrict vessels from a 

portion of Lake Erie off of Edgewater 

Park during the USA Triathlon Age 

Group National Championships. This 

temporary safety zone is necessary to 

protect participants and spectators 

during the event from the hazards 

associated with a large scale swimming 

event. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Buffalo. 

DATES: This rule is effective from 9:45 

a.m. August 10, 2018 until 12:15 p.m. 

August 12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0427 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 Ryan Junod, Chief of 

Waterways Management, U.S. Coast 

Guard Marine Safety Unit Cleveland; 

telephone 216–937–0124, email D09- 

SMB-MSUCLEVELAND-WWM@

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 

On June 26, 2018 the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) titled USA 

Triathlon Age Group National 

Championships; Lake Erie, Cleveland, 

OH (83 FR 29721). There we stated why 

we issued the NPRM, and invited 

comments on our proposed regulatory 

action related to this swim event. 

During the comment period that ended 

July 26, 2018 we received no comments. 

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 because doing so would be 

impracticable and contrary to the public 

interest. Delaying the effective date 

would be contrary to the rule’s 

objectives of ensuring safety of life on 

the navigable waters and protection of 

persons and vessels near the event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Buffalo (COTP) has 

determined that a large-scale swim 

event on a navigable waterway will pose 

a significant risk to participants and the 

boating public. This rule is necessary to 

protect participants and spectators 

during the USA Triathlon Age Group 

National Championships. 

IV. Discussion of Comments, Changes, 

and The Rule 

As noted above, we received no 

comments on our NPRM published June 

26, 2018. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from 10:00 a.m. to 1:30 p.m. on August 

10, 2018, from 5:00 a.m. to 5:30 p.m. on 

August 11, 2018, and from 5:00 a.m. to 

12:00 p.m. on August 12, 2018. The 

safety zone will cover all navigable 

waters of Lake Erie, off of Edgewater 

Park, Cleveland OH, inside an area 

starting on shore at position 41°29′16′′ 

N, 081°44′49′′ W then Northwest to 

41°29′34′′ N, 081°45′02′′ W then 

Northeast to 41°29′43′′ N, 081°44′31′′ W 

then Southeast back to shore at position 

41°29′28′′ N, 081°44′22′′ (NAD 83). The 

duration of the zone is intended to 

enhance the safety of vessels and 

swimmers on these navigable waters 

before, during, and after the scheduled 

events over the course of the three days. 

No vessel or person will be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. The Captain 


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38662 Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Rules and Regulations 

of the Port or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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. Furthermore, the 

safety zone has been designed to allow 

vessels to transit around it. In addition, 

the safety zone is located off a beach 

where there are normally swimmers. 

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. 

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 received 00 comments 

from the Small Business Administration 

on this rulemaking. 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 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 Order13132. 

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. 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 

establishment of a safety zone. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 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: 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Rules and Regulations 38663 

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. 

■ 2. Add § 165.T09–0427 to read as 

follows: 

§ 165.T09–0427 Safety Zone; USA 

Triathlon Age Group National 

Championships; Lake Erie, Cleveland, OH. 

(a) Location. The safety zone will 

encompass all waters of Lake Erie, off of 

Edgewater Park, Cleveland OH, inside 

an area starting on shore at position 

41°29′16′′ N, 081°44′49′′ W then 

Northwest to 41°29′34′′ N, 081°45′02′′ W 

then Northeast to 41°29′43′′ N, 

081°44′31′′ W, and Southeast back to 

shore at position 41°29′28′′ N, 

081°44′22′′ (NAD 83). 

(b) Enforcement period. This rule will 

be enforced from 9:45 a.m. until 1:45 

p.m. on August 10, 2018, from 5:00 a.m. 

until 5:45 p.m. on August 11, 2018, and 

from 5:00 a.m. until 12:15 p.m. on 

August 12, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 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: August 2, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–16844 Filed 8–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AP27 

Schedule for Rating Disabilities: Skin; 

Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Veterans 

Affairs (VA) published a final rule 

amending its Schedule for Rating 

Disabilities regulations pertaining to the 

skin body system in the Federal 

Register on Friday, July 13, 2018. VA 

has since determined that certain 

language added to the final rule was 

unintended and could be construed to 

prevent appropriate disability 

compensation ratings from being 

assigned to veterans. Therefore, VA is 

issuing this technical correction to 

ensure that skin disabilities are rated 

correctly. 

DATES: This correction is effective 

August 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Li, Chief, Regulations Staff 

(211D), Compensation Service, 

Department of Veterans Affairs, 810 

Vermont Avenue NW, Washington, DC 

20420, (202) 461–9700. (This is not a 

toll-free telephone number.) 

SUPPLEMENTARY INFORMATION: On Friday, 

July 13, 2018, VA published in the 

Federal Register (83 FR 32592) a final 

rule amending its Schedule for Rating 

Disabilities regulations pertaining to the 

skin body system. 

In § 4.118, under the General Rating 

Formula for the Skin for DCs 7806, 

7809, 7813–7816, 7820–7822, AND 

7824, the 30 percent criteria published 

in the final rule, contains a phrase 

‘‘Characteristic lesions involving more 

than’’ without a corresponding 

explanation for the additional phrase 

‘‘more than.’’ 

VA notes that the inclusion of the 

phrase ‘‘more than’’ in the final rule was 

clearly a technical error. This document 

corrects this technical error by removing 

the phrase ‘‘more than’’ from the 30 

percent rating criteria under the General 

Rating Formula for the Skin. This error 

does not affect any benefits which were 

previously paid as the final rule for skin 

will not become effective until August 

13, 2018. 

In FR Doc. 18–14957, appearing on 

page 32598 in the Federal Register of 

July 13, 2018, correct the following: 

§ 4.118 [Corrected] 

■ 1. On page 32598, in the table, under 

the heading General Rating Formula For 

The Skin for DCs 7806, 7809, 7813– 

7816, 7820–7822, AND 7824, revise the 

30 percent disability rating criteria to 

read as follows: 

*******

At least one of the following ................................................................................................................................................................ 30 

Characteristic lesions involving 20 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected; or Systemic

therapy including, but not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, or other 

immunosuppressive drugs required for a total duration of 6 weeks or more, but not constantly, over the past 12-month period.

* * * * * * * 

Approved: August 2, 2018. 

Jeffrey M. Martin, 

Impact Analyst, Office of Regulation Policy 

& Management, Office of the Secretary, 

Department of Veterans Affairs. 

[FR Doc. 2018–16859 Filed 8–6–18; 8:45 am] 

BILLING CODE 8320–01–P 


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