Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations 38925 

Faye I. Lipsky, who is the primary 

Federal Register Liaison for the Social 

Security Administration, for purposes of 

publication in the Federal Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons stated in the 

preamble, we are amending subpart P of 

part 404 of chapter III of title 20 of the 

Code of Federal Regulations as set forth 

below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart P—Determining Disability and 

Blindness 

■ 1. The authority citation for subpart P 

of part 404 continues to read as follows: 

Authority: Secs. 202, 205(a)–(b) and (d)– 

(h), 216(i), 221(a) and (h)–(j), 222(c), 223, 

225, and 702(a)(5) of the Social Security Act 

(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), 

421(a) and (h)–(j), 422(c), 423, 425, and 

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 

Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

■ 2. In appendix 1 to subpart P of part 

404: 

■ a. In part A, amend section 1.00C7 by 

redesignating paragraphs a. and b. as b. 

and c., by adding a new paragraph a., 

and by revising newly redesignated 

paragraph c.; and 

■ b. In part B, amend section 101.00C7 

by redesignating paragraphs a. and b. as 

b. and c., by adding a new paragraph a., 

and by revising newly redesignated 

paragraph c. 

The additions and revisions read as 

follows: 

Appendix 1 to Subpart P of Part 404— 

Listing of Impairments 

* * * * * 

Part A 

* * * * * 

1.00 Musculoskeletal Disorders. 

* * * * * 

C. * * * 

7. * * * 

a. The term pandemic period as used in 

1.00C7c means the period beginning on April 

2, 2021, and ending on the date that is 6 

months after the effective date of a 

determination by the Secretary of Health and 

Human Services under section 319 of the 

Public Health Service Act, 42 U.S.C. 247d, 

that the national public health emergency 

resulting from the COVID–19 pandemic no 

longer exists. 

* * * * * 

c. For 1.15, 1.16, 1.17, 1.18, 1.20C, 1.20D, 

1.22, and 1.23, all of the required criteria 

must be present simultaneously, or within a 

close proximity of time, to satisfy the level 

of severity needed to meet the listing. The 

phrase ‘‘within a close proximity of time’’ 

means that all of the relevant criteria must 

appear in the medical record within a 

consecutive 4-month period, except for 

claims determined or decided during the 

pandemic period. For claims determined or 

decided during the pandemic period, all of 

the relevant criteria must appear in the 

medical record within a consecutive 12- 

month period. When the criterion is imaging, 

we mean that we could reasonably expect the 

findings on imaging to have been present at 

the date of impairment or date of onset. For 

listings that use the word ‘‘and’’ to link the 

elements of the required criteria, the medical 

record must establish the simultaneous 

presence, or presence within a close 

proximity of time, of all the required medical 

criteria. Once this level of severity is 

established, the medical record must also 

show that this level of severity has 

continued, or is expected to continue, for a 

continuous period of at least 12 months. 

* * * * * 

Part B 

* * * * * 

101.00 Musculoskeletal Disorders. 

* * * * * 

C. * * * 

7. * * * 

a. The term pandemic period as used in 

101.00C7c means the period beginning on 

April 2, 2021, and ending on the date that is 

6 months after the effective date of a 

determination by the Secretary of Health and 

Human Services under section 319 of the 

Public Health Service Act, 42 U.S.C. 247d, 

that the national public health emergency 

resulting from the COVID–19 pandemic no 

longer exists. 

* * * * * 

c. For 101.15, 101.16, 101.17, 101.18, 

101.20C, 101.20D, 101.22, and 101.23, all of 

the required criteria must be present 

simultaneously, or within a close proximity 

of time, to satisfy the level of severity needed 

to meet the listing. The phrase ‘‘within a 

close proximity of time’’ means that all of the 

relevant criteria must appear in the medical 

record within a consecutive 4-month period, 

except for claims determined or decided 

during the pandemic period. For claims 

determined or decided during the pandemic 

period, all of the relevant criteria must 

appear in the medical record within a 

consecutive 12-month period. When the 

criterion is imaging, we mean that we could 

reasonably expect the findings on imaging to 

have been present at the date of impairment 

or date of onset. For listings that use the 

word ‘‘and’’ to link the elements of the 

required criteria, the medical record must 

establish the simultaneous presence, or 

presence within a close proximity of time, of 

all the required medical criteria. Once this 

level of severity is established, the medical 

record must also show that this level of 

severity has continued, or is expected to 

continue, for a continuous period of at least 

12 months. 

* * * * * 

[FR Doc. 2021–15423 Filed 7–22–21; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number: USCG–2021–0381] 

Safety Zone; Recurring Events in 

Captain of the Port Duluth Zone— 

Pointe to La Pointe Swim, Bayfield, WI 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the Pointe to La 

Pointe Swim event in Bayfield, WI, from 

7 a.m. through 11 a.m. on August 7, 

2021. This action is necessary to protect 

participants and spectators during the 

event. During the enforcement period, 

entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or a designated on-scene 

representative. 

DATES: The regulations in 33 CFR 

165.943(a) will be enforced for the 

location listed in Table 1 to § 165.943, 

entry (9), from 7 a.m. through 11 a.m. 

on August 7, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Jeremy 

Davis, telephone (218)725–3818, email 

DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 165.943(a) for the 

location listed in Table 1 to § 165.943, 

entry (9), for the annual Pointe to La 

Pointe Swim event from 7 a.m. through 

11 a.m. on August 7, 2021 on all waters 

between Bayfield, WI, and Madeline 

Island, WI, within an imaginary line 

created by the following coordinates: 

46°48′27.55′′ N, 090°48′56°.86′′ W, 

moving southeast to 46°48′21.2′′ N, 

090°48′59.9′′ W, moving south to 

46°47′19.91′′ N, 090°49′46.18′′ W, 

moving east 46′47′21.18′′ N, 

090°49′02.39′′ W, then moving north to 

46°48′21.20′′ N, 090°48′56.86′′ W and 

finally running back to the starting 

point. Pursuant to 33 CFR 165.33 and 

165.943(a), entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 


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38926 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations 

Captain of the Port Duluth or a 

designated on-scene representative. 

Vessels and personnel granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Duluth, their designated 

representative, or any Official Patrol 

displaying a Coast Guard Ensign. 

This notice of enforcement is issued 

under authority of 33 CFR 165.943 and 

5 U.S.C. 552 (a). In addition to this 

publication in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement of this enforcement 

period via Broadcast Notice to Mariners 

or other suitable means. The Captain of 

the Port Duluth may be contacted via 

Channel 16, VFH–FM or at (218) 428– 

9357. 

Dated: July 19, 2021. 

F.M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port. 

[FR Doc. 2021–15650 Filed 7–22–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0573] 

Safety Zone; Spirit Lake Dredging 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the USX Superfund Site Safety Zones: 

St. Louis River, and this notice of 

enforcement serves as a reminder to 

mariners this is still an enforced safety 

zone under Coast Guard regulations. 

Our regulation for safety zones within 

the Ninth Coast Guard District identifies 

this area is a regulated area within Spirit 

Lake Duluth, MN. 

DATES: The regulations in 33 CFR 

165.905(a)(1) and (2) will be enforced 

from August 2, 2021, through November 

30, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LTJG Joseph 

R. McGinnis, MSU Duluth Waterways 

Management, U.S. Coast Guard; 

telephone 218–725–3818, email D09- 

SMB-MSUDuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the USX Superfund 

Site Safety Zones: St. Louis River, and 

this notice of enforcement serves as a 

reminder to mariners this is still an 

enforced safety zone under 33 CFR 

165.905(a)(1) and (2) for the USX 

Superfund Site Safety Zone: St. Louis 

River at Safety Zone #1 (North Spirit 

Lake): North Boundary 46°41′33′′ W, 

South Boundary 46°41′18′′ W, East 

Boundary 92°11′53′′ W, West Boundary 

92°12′11′′ W, and Safety Zone #2 (South 

Spirit Lake): North Boundary 46°40′45′′ 

N, South Boundary 46°40′33′′ N, East 

Boundary 92°11′40′′ W, West Boundary 

92°12′05′′ W. Transit of vessels through 

the waters covered by these zones is 

prohibited. Swimming (including water 

skiing or other recreational use of the 

water which involves a substantial risk 

of immersion in the water) or taking of 

fish (including all forms of aquatic 

animals) from the waters covered by 

these safety zones is prohibited at all 

times. Our regulation for safety zones 

within the Ninth Coast Guard District 

identifies this area is a regulated area 

within Spirit Lake Duluth, MN. In 

addition to this notice of enforcement in 

the Federal Register, the Coast Guard 

plans to provide notification of this 

enforcement period via the Local Notice 

to Mariners and marine information 

broadcasts. 

Dated: July 19, 2021. 

Frances M. Smith, 

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

MSU Duluth. 

[FR Doc. 2021–15651 Filed 7–22–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0248] 

RIN 1625–AA00 

Safety Zone; Cumberland River, 

Nashville, TN 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

from mile marker 190.5 to 191.5 of the 

Cumberland River. The safety zone is 

needed to protect life and the marine 

environment from potential hazards 

created by Music City Grand Prix 

fireworks display. This rule prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Sector Ohio Valley 

or a designated representative. 

DATES: This rule is effective from 9 p.m. 

until 10:30 p.m. on August 7, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0248 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Petty Officer Third Class 

Benjamin Gardner and Marine Safety 

Detachment Nashville, U.S. Coast 

Guard; telephone 615–736–5421, email 

Benjamin.t.gardner@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 it is 

impracticable. The Coast Guard was 

notified of the event without ample time 

for the NPRM process. We must 

establish this safety zone by August 7, 

2021, and lack sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

this rule. 

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. Delaying the effective date of 

this rule would be contrary to public 

interest because immediate action is 

needed to ensure the safety of the 

participants and vessels during the 

Music City Grand Prix Fireworks 

Display on August 7, 2021. 

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 


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