Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14307 

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. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. 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. 

10. 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 might 

disproportionately affect children. 

11. 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards; therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.287, revise paragraph (d)(4) 

to read as follows: 

§ 117.287 Gulf Intracoastal Waterway. 

* * * * * 

(d) * * * 

(4) Pinellas Bayway Structure ‘‘E’’ (SR 

679) bridge, mile 113.0 at St. Petersburg 

Beach. The draw shall open on signal, 

except that from 7 a.m. to 9 p.m. the 

draw need open only on the hour and 

30 minutes past the hour. 

* * * * * 

Dated: February 27, 2015. 

J. H. Korn, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2015–06357 Filed 3–18–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0170] 

Drawbridge Operation Regulation; 

Lake Washington Ship Canal, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Washington 

State Department of Transportation 

Montlake Bridge across the Lake 

Washington Ship Canal, mile 5.2, at 

Seattle, WA. This deviation allows the 

bridge to remain in the closed-tonavigation position to accommodate the 

safe movement of ‘‘Beat the Bridge Run’’ 

event participants. 

DATES: This deviation is effective from 

7:30 a.m. on May 17, 2015 to 9 a.m. on 

May 17, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0170] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Washington State Department of 

Transportation requested a temporary 

deviation from the operating schedule, 

33 CFR 117.1051, for the Montlake 

Bridge across the Lake Washington Ship 

Canal, mile 5.2, at Seattle, WA. The 

requested deviation is necessary to 

accommodate safe movement of ‘‘Beat 

the Bridge Run’’ event participants. This 

deviation allows the bridge to remain in 

the closed-to-navigation position. This 

deviation is effective from 7:30 a.m. on 

May 17, 2015 to 9 a.m. on May 17, 2015. 

The Montlake Bridge crosses the Lake 

Washington Ship Canal at mile 5.2 and 

while in the closed position provides 30 

feet of vertical clearance throughout the 

navigation channel and 46 feet of 

vertical clearance throughout the center 

60-feet of the bridge; vertical clearance 

referenced to the Mean Water Level of 

Lake Washington. Vessels able to pass 

through the bridge in the closed 

position may do so at anytime. The 

bridge will be able to open for 

emergencies and there is no immediate 

alternate route for vessels to pass. 

Waterway users on the Lake Washington 

Ship Canal range from commercial tug 

and barge to small pleasure craft. The 

Coast Guard will also inform the users 

of the waterway through our Local and 

Broadcast Notice to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 


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14308 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

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: March 11, 2015. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2015–06289 Filed 3–18–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 3 and 4 

RIN 2900–AO96 

Schedule for Rating Disabilities— 

Mental Disorders and Definition of 

Psychosis for Certain VA Purposes 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as final, without 

change, an interim final rule amending 

its Schedule for Rating Disabilities 

(VASRD) dealing with mental disorders 

and its adjudication regulations that 

define the term ‘‘psychosis.’’ Outdated 

references are replaced with references 

to the Diagnostic and Statistical Manual 

of Mental Disorders, Fifth Edition 

(DSM–5). Nomenclature used to refer to 

certain mental disorders is amended to 

conform to DSM–5. This rule also 

provides clarification of the 

applicability date. 

DATES: Effective Date: This rule is 

effective on March 19, 2015. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of March 19, 2015. 

Applicability Date: The provisions of 

this final rule shall apply to all 

applications for benefits that are 

received by VA or that are pending 

before the agency of original jurisdiction 

on or after August 4, 2014. The 

Secretary does not intend for the 

provisions of this final rule to apply to 

claims that were pending before the 

Board of Veterans’ Appeals (i.e., 

certified for appeal to the Board of 

Veterans’ Appeals on or before August 

4, 2014), the United States Court of 

Appeals for Veterans Claims, or the 

United States Court of Appeals for the 

Federal Circuit on August 4, 2014, even 

if such claims are subsequently 

remanded to the agency of original 

jurisdiction. 

FOR FURTHER INFORMATION CONTACT: 

Ioulia Vvedenskaya, Medical Officer, 

VASRD 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 telephone 

number.) 

SUPPLEMENTARY INFORMATION: VA 

published an interim final rule in the 

Federal Register at 79 FR 45093 on 

August 4, 2014, to amend the portion of 

the VASRD dealing with mental 

disorders and its adjudication 

regulations which define the term 

‘‘psychosis.’’ The DSM–5, which was 

published by the American Psychiatric 

Association in May 2013, provides a 

common language and standard criteria 

for the classification of mental 

disorders. The amendments in the 

interim final rule deleted outdated 

references to the DSM–IV and DSM–IV– 

TR and replaced them with references to 

DSM–5. Additionally, the rulemaking 

updated the nomenclature in the 

VASRD to refer to certain mental 

disorders to conform to DSM–5 

terminology. 

VA provided a 60-day public 

comment period, which ended on 

October 3, 2014, and received no public 

comments in response to the 

publication of this interim final rule. 

One non-comment was received from a 

VA employee suggesting additional 

changes to Part 3 regulations which are 

outside the scope of this rulemaking. No 

changes were made as a result of the 

non-comment. Although no comments 

were received on this issue, in 

reviewing the interim final rule to 

prepare for publication of the final rule, 

VA determined that the applicability 

date should be clarified. For the reasons 

set forth in the interim final rule and 

below, we are adopting the interim final 

rule as final, with changes to the 

applicability date, as explained below. 

Upon further review, VA has 

amended the language of the 

applicability date to ensure clarity and 

avoid potential misapplication of this 

final rule. In the interim final rule, VA 

stated that the provisions applied to all 

applications for benefits that are 

received by VA or that are pending 

before the agency of original jurisdiction 

on or after the effective date of the 

interim final rule. For clarity, this 

language has been amended to specify 

that the provisions of the final rule 

apply to claims received by VA or 

pending before the agency of original 

jurisdiction as of August 4, 2014, the 

date the interim final rule was 

published in the Federal Register and 

became effective. Similarly, the interim 

final rule stated that the provisions did 

not apply to claims that were certified 

for appeal to the Board of Veterans’ 

Appeals or were pending before the 

Board of Veterans’ Appeals, the United 

States Court of Appeals for Veterans 

Claims, or the United States Court of 

Appeals for the Federal Circuit. For 

clarity, this language has been amended 

to specify that the provisions of the final 

rule do not apply to claims that were 

pending before the Board of Veterans’ 

Appeals (i.e., certified for appeal to the 

Board of Veterans’ Appeals on or before 

August 4, 2014), the United States Court 

of Appeals for Veterans Claims, or the 

United States Court of Appeals for the 

Federal Circuit on August 4, 2014, even 

if such claims are subsequently 

remanded to the agency of original 

jurisdiction. No other changes or 

amendments to the applicability date 

language are made. 

Incorporation by Reference 

The Director of the Federal Register 

approves the incorporation by reference 

of the American Psychiatric 

Association’s Diagnostic and Statistical 

Manual of Mental Disorders, Fifth 

Edition (DSM–5) (2013) for the purposes 

of 38 CFR 4.125(a) in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. You 

may obtain a copy from the American 

Psychiatric Association, 1000 Wilson 

Boulevard, Arlington, VA 22209–3901. 

You may inspect a copy at the Office of 

Regulation Policy and Management, 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Room 1068, 

Washington, DC 20420 or the Office of 

the Federal Register, 800 North Capitol 

Street NW., Suite 700, Washington, DC. 

Although §§ 3.384 and 4.130 also 

mention DSM–5, incorporation by 

reference is not required because those 

sections merely refer to the DSM–5 as a 

source and not as a requirement. In 

contrast, § 4.125 requires claims 

adjudicators to use the DSM–5. 

Administrative Procedure Act 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), VA found that there was good 

cause to dispense with advance public 

notice and opportunity to comment on 

the interim final rule and good cause to 

publish that rule with an immediate 

effective date. The interim final rule was 

necessary to implement immediately the 

Secretary’s decision that health 

professionals must utilize the latest 

diagnostic standards—the DSM–5—the 

same standards used to diagnose and 

treat veterans with mental disorders—to 

adjudicate claims pertaining to mental 


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