29484 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

Taking of Private Property

This rule will not effect 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.

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 concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (32)(e) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found to not have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

final rule.

Indian Tribal Governments

This final rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have 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.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out 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; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. From May 18, 2001 through

November 30, 2001, section 117.795 is

temporarily amended, by adding a new

paragraph (e), to read as follows:

§ 117.795 Jamaica Bay and connecting

waterways.

* * * * *

(e) The Beach Channel Railroad

Bridge, at mile 6.7, shall open on signal

after at least a twenty-four hours

advance notice is given from 6 a.m. to

7 p.m., on each Monday, Wednesday,

and Friday, from May 18, 2001 through

November 30, 2001. Advance notice

may be given by calling the number

posted at the bridge.

Dated: May 18, 2001.

Gerald M. Davis,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 01–13640 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–248]

RIN 2115–AA97

Safety Zone: Triathlon, Ulster Landing,

Hudson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing a permanent safety zone for

the annual Hudson Valley Triathlon

swim on the Hudson River. This action

is necessary to provide for the safety of

life on navigable waters during the

event. This action is intended to restrict

vessel traffic in a portion of the Hudson

River.

DATES: This rule is effective July 2,

2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–00–248) and are

available for inspection or copying at

room 204, Coast Guard Activities New

York, 212 Coast Guard Drive, Staten

Island, NY 10305, between 8 a.m. and

3 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 2, 2001, we published a

notice of proposed rulemaking (NPRM)

entitled Safety Zone: Triathlon, Ulster

Landing, Hudson River, NY in the

Federal Register (66 FR 13030). We

received no letters commenting on the

proposed rule. No public hearing was

requested, and none was held.

Background and Purpose

The Coast Guard is establishing a

permanent safety zone for the annual

Hudson Valley Triathlon swim on the

Hudson River. The safety zone

encompasses all waters of the Hudson

River, in the vicinity of Ulster Landing,

bound by the following points:

42°00′03.7′′N, 073°56′43.1′′W; thence to

41°59′52.5′′N, 073°56′34.2′′W; thence to

42°00′15.1′′N, 073°56′25.2′′W; thence to

42°00′05.4′′N, 073°56′41.9′′W (NAD

1983); thence along the shoreline to the

point of beginning.

The safety zone is effective annually

from 6 a.m. until 9 a.m. on the first

Sunday after July 4th. The safety zone

prevents vessels from transiting a

portion of the Hudson River. It is

needed to protect swimmers and boaters

from the hazards associated with 500

swimmers competing in a confined area

of the Hudson River. Recreational

vessels can still transit to the east of the

zone during the event and will not be

precluded from mooring at or getting

underway from recreational piers in the

vicinity of the zone. Commercial vessels

will be precluded from transiting the

area because the safety zone

encompasses about 800 yards of

Barrytown Reach and there is no viable

alternative route. No vessel may enter

the safety zone without permission from

the Captain of the Port, New York.

Special Local Regulations have been

published for this event in 33 CFR

100.121 for 7 a.m. to 9 a.m. on the same

date. The location of this event was

moved 3.5 nautical miles north in the

summer of 2000 to the new location in

the northern area of Barrytown Reach. A

Temporary final rule was required for

the 2000 event. This new location

encompasses about 800 yards of

Barrytown Reach and is about 1,000

yards smaller than the permanent area

in 33 CFR 100.121.

This safety zone covers the minimum

area needed and imposes the minimum

restrictions necessary to ensure the

protection of all swimmers and vessels.

Public notifications will be made prior

to the event via the Local Notice to

Mariners.

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29485

Discussion of Comments and Changes

The Coast Guard received no letters

commenting on the proposed

rulemaking. No changes were made to

this rulemaking.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 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. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979).

We expect the economic impact of

this rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

This safety zone temporarily closes a

portion of the Hudson River to vessel

traffic; however, the impact of this

regulation is expected to be minimal for

the following reasons: This is an annual

marine event currently published in 33

CFR 100.121; this safety zone will close

a smaller portion of the Hudson River

during this event; this zone is only 3.5

miles north of the current zone; the

event is limited in duration; the event

occurs early on a Sunday morning,

which historically is a time when there

is less commercial traffic transiting the

area; advance advisories will be made to

allow the maritime community to

schedule transits before and after the

event; the event has been held for 4

years in succession and is therefore

anticipated annually; and recreational

vessels may still transit to the east of the

zone during the event and will not be

precluded from mooring at or getting

underway from recreational piers in the

vicinity of the zone.

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.

This rule will affect the following

entities, some of which might be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of the Hudson River during

the time this zone is activated.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: this is an annual

marine event currently published in 33

CFR 100.121; this safety zone will close

a smaller portion of the Hudson River

during the event; the event is limited in

duration; it is expected that no more

than 1 or 2 commercial vessels will be

affected by this event early on a Sunday

morning; advance advisories will be

made to allow the maritime community

to schedule transits before and after the

event; the event has been held for 4

years in succession and is therefore

anticipated annually; and recreational

vessels may still transit to the east of the

zone during the event and will not be

precluded from mooring at or getting

underway from recreational piers in the

vicinity of the zone.

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. However, we received no

requests for assistance from small

entities.

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).

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

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect 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.

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 concern 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. A rule

with tribal implications has a

substantial direct effect on one or more

Indian tribe, 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.

Environment

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph 34(g), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

This rule fits paragraph 34(g) as it

establishes a safety zone. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket where indicated under

ADDRESSES.

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:

29486 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

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. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. Add § 165.170 to read as follows:

§ 165.170 Safety Zone: Triathlon, Ulster

Landing, Hudson River, NY.

(a) Regulated area. The following area

is a safety zone: All waters of the

Hudson River, in the vicinity of Ulster

Landing, bound by the following points:

42°00′03.7′′N, 073°56′43.1′′W; thence to

41°59′52.5′′N, 073°56′34.2′′W; thence to

42°00′15.1′′N, 073°56′25.2′′W; thence to

42°00′05.4′′N, 073°56′41.9′′W (NAD

1983); thence along the shoreline to the

point of beginning.

(b) Effective period. This section is in

effect annually from 6 a.m. until 9 a.m.

on the first Sunday after July 4th.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) No vessels will be allowed to

transit the safety zone without the

permission of the Captain of the Port,

New York.

(3) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U.S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: May 14, 2001.

R.E. Bennis,

Rear Admiral, U.S. Coast Guard, Captain of

the Port, New York.

[FR Doc. 01–13643 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 4

RIN 2900–AK12

Schedule for Rating Disabilities:

Disabilities of the Liver

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

Schedule for Rating Disabilities (38 CFR

part 4) by revising the portion of the

Digestive System that addresses

disabilities of the liver. The intended

effect of this action is to update this

portion of the rating schedule to ensure

that it uses current medical terminology

and unambiguous criteria, and that it

reflects medical advances that have

occurred since the last review.

DATES: Effective Date: This rule is

effective July 2, 2001.

FOR FURTHER INFORMATION CONTACT:

Caroll McBrine, M.D., Consultant,

Regulations Staff (211A), Compensation

and Pension Service, Veterans Benefits

Administration, Department of Veterans

Affairs, 810 Vermont Ave., NW.,

Washington DC 20420, (202) 273–7210.

SUPPLEMENTARY INFORMATION: As part of

its review of the Schedule for Rating

Disabilities (38 CFR part 4), VA

published a proposal to amend that

portion of the Schedule pertaining to

liver disabilities. The proposed rule was

published in the Federal Register on

August 7, 2000 (65 FR 48205). Interested

persons were invited to submit written

comments on or before October 6, 2000.

We received comments from the

Disabled American Veterans and one

VA employee.

In the preamble of the proposed rule,

we proposed to delete diagnostic code

7313 but inadvertently did not include

this change in the amendatory

instructions portion of the document.

No comment was made on this

proposed change which is now reflected

in the final rule.

One commenter questioned our

proposal to provide percentage

evaluation levels of 10, 30, 50, 70, and

100% for diagnostic code 7312

(cirrhosis of the liver, primary biliary

cirrhosis, or cirrhotic phase of

sclerosing cholangitis) and levels of

zero, 10, 20, 40, 60, and 100% for

diagnostic codes 7345 (chronic liver

disease without cirrhosis (including

hepatitis B, chronic active hepatitis,

autoimmune hepatitis,

hemochromatosis, drug-induced

hepatitis, etc., but excluding bile duct

disorders and hepatitis C)) and 7354

(hepatitis C (or non-A, non-B hepatitis)).

The commenter felt all of these

conditions should have the same

evaluation levels because the symptom

criteria are almost identical.

We do not adopt the comment for the

following reasons. The symptom criteria

for cirrhotic and non-cirrhotic liver

diseases are not nearly identical. The

evaluation criteria proposed for

cirrhotic diseases (diagnostic code 7312)

are based on largely objective signs,

symptoms, and complications of

cirrhosis, such as jaundice, weakness,

weight loss, ascites, hepatic

encephalopathy, and hemorrhage. The

evaluation levels for cirrhotic diseases

have not been changed, except for the

addition of the 10 percent rating

recommended by our consultants. The

evaluation criteria proposed for noncirrhotic diseases (diagnostic codes

7345 and 7354) are based primarily on

specific signs and symptoms of hepatitis

or other chronic liver disease without

cirrhosis, such as fatigue, malaise,

nausea, vomiting, anorexia, arthralgia,

and right upper quadrant pain.

Alternatively, non-cirrhotic liver disease

and hepatitis C may be rated or on an

alternative set of criteria based on

incapacitating episodes if it will result

in a higher evaluation. VA proposed in

the Federal Register on February 24,

1996 (62 FR 8204) to also rate

intervertebral disc syndrome based on

incapacitating episodes. To maintain

internal consistency in the rating

schedule, we are using the same

percentage evaluation levels that we

proposed for rating intervertebral disc

syndrome when it is based on

incapacitating episodes. The evaluation

levels for cirrhotic diseases, however,

are not based on incapacitating

episodes. Accordingly, we do not

believe using the same levels of

evaluation for such diseases is

appropriate, and we have not adopted

the commenter’s suggestion.

The same commenter suggested that

we provide criteria for diagnostic code

7312 based on incapacitating episodes,

as we have done for hepatitis or other

chronic liver disease without cirrhosis.

Cirrhosis results in liver scarring and

progressive liver damage that eventually

leads to liver decompensation with the

complications of hemorrhage,

encephalopathy, ascites, or jaundice.

Treatment is aimed at preventing the

progression of liver damage, but it

cannot reverse it, because it is

permanent. Since cirrhosis does not

have an overall episodic course,

although its complications may occur

intermittently once it has reached the

decompensated stage, an alternative set

of criteria based on incapacitating

episodes is not appropriate, and we

have not adopted this suggestion.

Section 4.112 currently addresses

weight loss in general terms for

purposes of application to § 4.114. We

proposed to revise this section by

defining these terms in more detail and

referencing them to the individual’s

‘‘baseline weight.’’ For example, we

proposed to define ‘‘substantial weight

loss,’’ as meaning a loss of greater than

20 percent of the individual’s baseline

weight, sustained for three months or

longer. One commenter recommended

that we include some guidance for

determining baseline weight because a