33020 Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 

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 near 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. 

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. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), 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 a safety 

zone lasting only 8 hours that will 

prohibit entry of non-event vessels 

within the enforcement area that starts 

at 47°07′23.5′′ N 88°35′21.7′′ W stretches 

east to 47°07′28.3′′ N 88°33′31.7′′ W, 

goes south to 47°07′23.1′′ N 88°33′32.6′′ 

W, then west 47°07′16.8′′ N 88°35′18.4′′ 

W and finally up north back to 

47°07′23.5′′ N 88°35′21.7′′ W. There is 

no fauna, flora, or ecosystem of concern 

that is in the vicinity of the display that 

will be catastrophically effected during 

a 30 minute firework show. It is 

categorically excluded from further 

review under paragraph L[60(a)] of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T09–0375, to read as 

follows: 

§ 165.T09–0375 Safety Zone; Keeweenaw 

Waterway, Houghton, MI. 

(a) Location. The following area is a 

safety zone: All waters of the Keweenaw 

Waterway in Hancock, MI and 

Houghton, MI within the enforcement 

area that starts at 47°07′23.5′′ N 

88°35′21.7′′ W stretches east to 

47°07′28.3′′ N 88°33′31.7′′ W, goes south 

to 47°07′23.1′′ N 88°33′32.6′′ W, then 

west 47°07′16.8′′ N 88°35′18.4′′ W and 

finally up north back to 47°07′23.5′′ N 

88°35′21.7′′ W. These coordinates are 

based on North American Datum 83, 

NAD83. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling Station Portage 

at 906–482–1520. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(c) Enforcement period. This section 

will be enforced from 2 p.m. through 10 

p.m. on June 18, 2022. 

Dated: May 17, 2022. 

F.M. Smith, 

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

Guard. 

[FR Doc. 2022–11706 Filed 5–31–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0379] 

Safety Zones; Recurring Events in 

Captain of the Port Duluth—City of 

Bayfield 4th of July Fireworks Display 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the City of Bayfield 

Fireworks in Bayfield, WI. This action is 

necessary to protect participants and 

spectators during the City of Bayfield 

Fireworks. 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 designated 

on-scene representative. 

DATES: The regulations in 33 CFR 

165.943(b) will be enforced from 9 p.m. 

through 10:30 p.m. on July 4, 2022, for 

the City of Bayfield Fireworks safety 

zone, § 165.943. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email LTJG Joe McGinnis, 

telephone (218)–725–3818, email 

DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone for 

the annual City of Bayfield 4th of July 

Fireworks Display in 33 CFR 165.943 

from 9 p.m. through 10:30 p.m. on July 

4, 2022. All waters of the Lake Superior 

North Channel in Bayfield, WI within 

the arc of a circle with a radius of no 

more than 1,120 feet from the launch 

site at position 46°48′40′′ N, 090°48′32′′ 

W. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or their designated on-scene 

representative. The Captain of the Port’s 

designated on-scene representative may 

be contacted via VHF Channel 16. 

This document 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 safety zone via 

Broadcast Notice to Mariners. 

Dated: May 17, 2022. 

F.M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2022–11714 Filed 5–31–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0417] 

Safety Zone; Recurring Events in 

Captain of the Port Duluth—Duluth 

Fourth Fest Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone in 33 CFR 165.943(a)(5) 

for the Duluth Fourth Fest Fireworks in 

Duluth, MN. This action is necessary to 

protect participants and spectators 

during the Duluth Fourth Fest 

Fireworks. During the enforcement 

period, entry into, transiting, or 


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Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 33021 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth or their 

designated on-scene representative. 

DATES: The regulations in 33 CFR 

165.943(a)(5) will be enforced from 9:30 

p.m. through 11:00 p.m. on July 4, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT Joe 

McGinnis, U.S. Coast Guard; telephone 

218–725–3818, email DuluthWWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.943(a)(5) on all waters of 

Duluth Harbor bounded by the arc of a 

circle with a 1120-foot radius from the 

fireworks launch site with its center in 

position 46°46′14′′ N, 092°06′16′′ W 

from 9:30 p.m. through 11:00 p.m. on 

July 4, 2022. This action is necessary to 

protect participants and spectators 

during the Duluth Fourth Fest 

Fireworks. Entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth or their 

designated on-scene representative. 

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 safety zone via 

Broadcast Notice to Mariners. The 

Captain of the Port Duluth or their onscene representative may be contacted 

via VHF Channel 16. 

Dated: May 25, 2022. 

F.M. Smith, 

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

Guard. 

[FR Doc. 2022–11711 Filed 5–31–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AQ65 

Transplant Procedures With Live 

Donors and Related Care and Services 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as final, with 

changes, a proposed rule amending its 

medical regulations to implement 

legislation providing it stand-alone 

authority to provide procedures to 

remove a solid organ or bone marrow 

from a live donor for transplantation 

into a veteran and to furnish the live 

donor care or services before and after 

the procedure required in connection 

with the veteran’s transplantation 

procedure. This rulemaking implements 

the mandates of section 153 of the VA 

MISSION Act of 2018. 

DATES: This rule is effective July 1, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Mani Murugavel, DNP, NE–BC, CSSGB, 

RN, National Director, Clinical Services, 

National Surgery Office (11SURG), 

Veterans Health Administration, 810 

Vermont Avenue NW, Washington, DC 

20420, (202) 461–7130. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register (FR) on March 24, 2021, (86 FR 

15628), VA proposed to amend its 

medical regulations to implement its 

authority to provide procedures to 

remove a solid organ or bone marrow 

from a live donor for transplantation 

into a veteran and to furnish the live 

donor care or services before and after 

the procedure. VA provided a 60-day 

comment period, which ended on May 

24, 2021. Six comments were received. 

Comments 

The six comments were generally 

supportive of the proposed rule, and we 

thank the commenters for their 

comments. Of those six comments, four 

included substantive feedback, which is 

discussed below. 

One commenter opined that live 

donors should be further compensated. 

This commenter suggested VA cover 

additional expenses that are deemed 

necessary and for which live donors 

submit documentation, as there are 

‘‘other factors such as emotional effects 

that donors sometime[s] experience’’ 

due to the transplant procedure. 

However, this commenter did not 

specify the types of additional expenses 

VA should cover. 

As explained in the proposed rule, 

VA will cover for the live donor hospital 

care and medical services prior to the 

surgical removal of the solid organ, part 

of a solid organ, or bone marrow; the 

surgical procedure to remove a solid 

organ, part of a solid organ, or bone 

marrow, and related care; and follow-up 

care which varies based on the type of 

donation. Additionally, VA will cover 

travel costs, including temporary 

lodging as VA determines to be needed. 

While VA acknowledges that live 

donors may incur additional expenses, 

VA believes the services and expenses 

covered under this rulemaking are 

reasonable under section 1788 of title 

38, United States (U.S.C.), are consistent 

with how VA has administered the 

transplant program to date, and 

recognize the sacrifices that live donors 

make. While VA understands the 

commenter’s support and rationale for 

expanding upon the additional expenses 

covered by VA, VA is not making any 

changes based on this comment. 

To the extent that this commenter 

further suggested that live donors 

should be compensated for their 

donation, by law, VA may not 

knowingly acquire, receive, or otherwise 

transfer any human organ for valuable 

consideration for use in human 

transplantation if the transfer affects 

interstate commerce. 42 U.S.C. 274e(a). 

For purposes of this statute, the term 

‘‘valuable consideration’’ ‘‘does not 

include the reasonable payments 

associated with the removal, 

transportation, implantation, 

processing, preservation, quality 

control, and storage of a human organ or 

the expenses of travel, housing, and lost 

wages incurred by the donor of a human 

organ in connection with the donation 

of the organ.’’ Section 274e(c)(2). 

Although this prohibition does not 

apply to a ‘‘human organ paired 

donation,’’ (see last sentence of section 

274e(a)), that is not to say that 

compensation is available in these 

cases, because the term ‘‘human organ 

paired donation,’’ as defined in section 

274e(c)(4), clearly bars valuable 

consideration from being provided for 

the organ in subparagraph (c)(4)(F). 

Thus, furnishing compensation for a 

human organ is legally barred. In 

addition, a host of ethical questions are 

raised by such a proposal. Transplant 

programs participating in the Organ 

Procurement Transplantation Network 

(OPTN) are authorized, however, to 

provide reimbursement for incidental 

non-medical expenses of donors. See 42 

U.S.C. 274f, as implemented by § 121.14 

of title 42, Code of Federal Regulations 

(CFR). This authority is discretionary, 

and while VA voluntarily participates 

and complies with OPTN requirements 

and is an OPTN-designated transplant 

program, VA will cover only the nonmedical costs we have identified, as 

these types of non-medical costs are 

directly integral to the donor’s 

transplant episode. In addition, this 

aligns with how very limited nonmedical care benefits, or financial 

incentives, exist for other VA 

beneficiaries. Nonetheless, VA will 

undertake additional review and 

analysis to determine whether nonmedical expenses other than those 

already covered under this rulemaking 

should be covered to encourage greater 


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