Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54689 

Dated: September 2, 2008. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E8–22237 Filed 9–22–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0157] 

RIN 1625–AA87 

Security Zone; Escorted Vessels, 

Savannah, GA, Captain of the Port 

Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is adopting 

a security zone interim rule published 

in July 2008 as a final rule. This rule 

creates a security zone around any 

vessel escorted by one or more Coast 

Guard, State, or local law enforcement 

assets on the navigable waters of the 

Captain of the Port (COTP) Zone, 

Savannah, Georgia. This action is 

necessary to protect personnel, vessels, 

and facilities from sabotage or other 

subversive acts, accidents, or other 

events of a similar nature. No vessel or 

person will be allowed in this zone 

unless authorized by the Captain of the 

Port or a designated representative. 

DATES: Effective October 23, 2008, the 

interim rule amending 33 CFR part 165 

which was published at 73 FR 37835 on 

July 2, 2008, is adopted without change 

as a final rule. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2007– 

0157 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the U.S. 

Coast Guard Marine Safety Unit 

Savannah, 100 West Oglethorpe 

Avenue, Suite 1017, Savannah, GA 

31401 between 7:30 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Lieutenant Jeanita Jefferson, U.S. Coast 

Guard Marine Safety Unit Savannah at 

(912) 652–4353. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 2, 2008, we published an 

interim rule with request for comments 

entitled ‘‘Security Zone; Escorted 

Vessels, Savannah, GA, Captain of the 

Port Zone’’ in the Federal Register (73 

FR 37835). We did not receive any 

letters commenting on the interim rule. 

No public meeting was requested, and 

none was held. 

Background and Purpose 

The terrorist attacks of September 

2001 heightened the need for 

development of various security 

measures throughout the seaports of the 

United States, particularly around 

vessels and facilities whose presence or 

movement creates a heightened 

vulnerability to terrorist acts, or those 

for which the consequences of terrorist 

acts represent a threat to national 

security. The President of the United 

States has found that the security of the 

United States is and continues to be 

endangered following the attacks of 

September 11 (E.O. 13,273, 67 FR 

56215, Sept. 3, 2002 and 72 FR 54205, 

Sept. 21, 2007). Additionally, national 

security and intelligence officials 

continue to warn that future terrorist 

attacks are likely. 

The Captain of the Port (COTP) Zone 

Savannah, Georgia frequently receives 

vessels that require additional security, 

including, but not limited to, vessels 

carrying sensitive Department of 

Defense cargoes, vessels carrying 

dangerous cargoes, and foreign naval 

vessels. The Captain of the Port has 

determined that these vessels have a 

significant vulnerability to subversive 

activity by other vessels or persons, or, 

in some cases, themselves pose a risk to 

a port and the public within the COTP 

Zone, as described in 33 CFR 3.35–30. 

The COTP sought comments on the 

interim rule published July 2, 2008 (73 

FR 37835) which enabled the COTP 

Savannah to provide effective port 

security, while minimizing the public’s 

confusion and easing the administrative 

burden of implementing separate 

temporary security zone rules for each 

escorted vessel. As noted, we did not 

receive any comment on this interim 

rule. 

Discussion of Rule 

The COTP is adopting the currentlyeffective interim rule reflected in 33 

CFR 165.749 as a final rule. This rule 

establishes a security zone that prohibits 

persons and vessels from coming within 

300 yards of all escorted vessels within 

the navigable waters of the COTP Zone 

Savannah, Georgia unless authorized by 

the Coast Guard COTP Savannah, or the 

COTP’s designated representative. 

The navigable waterways included in 

this rule are the Port of Savannah and 

the Port of Brunswick in Georgia. 

Persons or vessels that receive 

permission to enter the security zone 

must proceed at a minimum safe speed 

and must comply with all orders issued 

by the COTP or a designated 

representative. Those vessels granted 

permission to enter the 300 yard 

security zone may not come within 50 

yards of any escorted vessel. An 

escorted vessel will be defined as a 

vessel, other than a large U.S. naval 

vessel as defined in 33 CFR 165.2015, 

that is accompanied by one or more 

Coast Guard assets or other Federal, 

State or local law enforcement agency 

assets clearly identifiable by lights, 

vessel markings, or with agency insignia 

as listed below: 

• Coast Guard surface or air asset 

displaying the Coast Guard insignia. 

• State and/or local law enforcement 

asset displaying the applicable agency 

markings and/or equipment associated 

with the agency. 

• When escorted vessels are moored, 

dayboards or other visual indications 

such as lights or buoys may be used. 

In all cases, broadcast notice to mariners 

will be issued to advise mariners of 

these restrictions. 

Regulatory Analyses 

We adopted the interim rule as final 

after considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, 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. 

We expect the economic impact of 

this rule to be so minimal so that a full 

Regulatory Evaluation is unnecessary. 

The limited geographic area impacted 

by the security zone will not restrict the 

movement or routine operation of 

commercial or recreational vessels 

through the Ports of Savannah and 

Brunswick, Georgia. 


jlentini on PROD1PC65 with RULES
54690 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

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 may affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit in the 

vicinity of escorted vessels. This rule 

would not have a significant impact on 

a substantial number of small entities 

because the zones are limited in size, in 

most cases leaving ample space for 

vessels to navigate around them. The 

zones will not significantly impact 

commercial and passenger vessel traffic 

patterns, and mariners will be notified 

of the zones via Broadcast Notice to 

Mariners. Where such space is not 

available and security conditions 

permit, the Captain of the Port will 

attempt to provide flexibility for 

individual vessels to transit through the 

zones as needed. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

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 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 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. 

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 create 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, 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 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 under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54691 

requirements, Security measures, 

Waterways. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ For the reasons discussed in the 

preamble, under authority of 33 U.S.C. 

1226, 1231; 46 U.S.C. Chapter 701; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 

6.04–6, and 160.5; Pub. L. 107–295, 116 

Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1, the 

interim rule amending 33 CFR part 165 

that was published at 73 FR 37835 on 

July 2, 2008, is adopted as a final rule 

without change. 

Dated: September 9, 2008. 

Lonnie P. Harrison, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Savannah. 

[FR Doc. E8–22138 Filed 9–22–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN05 

Presumption of Service Connection for 

Amyotrophic Lateral Sclerosis 

AGENCY: Department of Veterans Affairs. 

ACTION: Interim final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

adjudication regulations to establish a 

presumption of service connection for 

amyotrophic lateral sclerosis (ALS) for 

any veteran who develops the disease at 

any time after separation from service. 

This amendment is necessary to 

implement a decision by the Secretary 

to establish such a presumption based 

primarily on a November 2006 report by 

the National Academy of Sciences 

Institute of Medicine (IOM) on the 

association between active service and 

ALS. 

DATES: Effective Date: This interim final 

rule is effective September 23, 2008. 

Comments must be received on or 

before November 24, 2008. 

Applicability Date: The provisions of 

this interim final rule shall apply to all 

applications for benefits that are 

received by VA on or after the effective 

date of this interim final rule or that are 

pending before VA, the United States 

Court of Appeals for Veterans Claims, or 

the United States Court of Appeals for 

the Federal Circuit on the effective date 

of this interim final rule. In accordance 

with 38 U.S.C. 5110(g), the effective 

date of benefits awarded pursuant to 

this rule will be assigned in accordance 

with the facts found, but cannot be 

earlier than the effective date of this rule 

or the date one year prior to the date of 

application, whichever is later. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov, by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20042; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN05—Presumption of Service 

Connection for Amyotrophic Lateral 

Sclerosis.’’ Copies of comments received 

will be available for public inspection in 

the Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m., Monday 

through Friday (except holidays). Please 

call (202) 461–4923 for an appointment 

(this is not a toll-free number). In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rhonda Ford, Chief, Regulation Staff 

(211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Ave., NW., 

Washington, DC 20420, (202) 461–9739. 

SUPPLEMENTARY INFORMATION: This 

interim final rule establishes a 

presumption of service connection for 

ALS for any veteran who develops the 

disease at any time after separation from 

service. ALS (also called Lou Gehrig’s 

disease) is a neuromuscular disease that 

affects about 20,000 to 30,000 people of 

all races and ethnic backgrounds in the 

United States and is often relentlessly 

progressive and almost always fatal. 

ALS causes degeneration of nerve cells 

in the brain and spinal cord that leads 

to muscle weakness, muscle atrophy, 

and spontaneous muscle activity. 

People suffering from ALS eventually 

lose the ability to move their arms and 

legs and to speak and swallow. The 

median survival period for people with 

ALS is 3 years from the onset of 

symptoms, and most people with ALS 

die from respiratory failure within 5 

years. Currently, there is no effective 

treatment for ALS. 

In November 2006, IOM issued the 

report Amyotrophic Lateral Sclerosis in 

Veterans: Review of the Scientific 

Literature, which concluded that ‘‘there 

is limited and suggestive evidence of an 

association between military service and 

later development of ALS.’’ The report 

summarized the findings of a 2005 

‘‘high-quality cohort study’’ by M.G. 

Weisskopf et al., entitled Prospective 

study of military service and mortality 

from ALS, 64(1) Neurology 32 (2005), 

which evaluated ALS risk among 

veterans with service prior to 1982, 

including veterans of service during 

World War II, the Korean War, and the 

Vietnam War, and concluded that these 

veterans, regardless of years of service, 

were at a statistically significant greater 

risk of developing ALS compared to 

civilians. The IOM report concluded 

that ‘‘[a]lthough the study has some 

limitations * * * overall it was a welldesigned and well-conducted study’’ 

that ‘‘adequately controlled for 

confounding factors (age, cigarette use, 

alcohol consumption, education, selfreported exposure to pesticides and 

herbicides, and several main lifetime 

occupations).’’ 

The IOM report also noted that other 

studies corroborated the findings of the 

Weisskopf study, including 2003 studies 

by R.D. Horner et al. (Occurrence of 

amyotrophic lateral sclerosis among 

Gulf War veterans, 61(6) Neurology 742 

(2003)) and R.W. Haley (Excess 

incidence of ALS in young Gulf War 

veterans, 61(6) Neurology 750 (2003)), 

which suggested that veterans of the 

1991 Gulf War were at greater risk of 

developing ALS than civilians. IOM 

characterized the Horner study as 

‘‘generally well conducted.’’ In 

December 2001, based on prepublication announcements of these 

2003 studies, Secretary of Veterans 

Affairs Anthony J. Principi made a 

policy decision to give special 

consideration to ALS claims by veterans 

of the 1991 Gulf War regardless of when 

the disease became manifest. The 

findings of the Weisskopf study, 

however, suggest that military service in 

general, and not just circumstances 

specific to the 1991 Gulf War, is related 

to the development of ALS. 

The cause of ALS is unknown, but 

these studies indicate that there exists a 

statistical correlation between activities 

in military service and development of 

ALS. Although the IOM report 

suggested that further studies may 

establish a more definite association 

between ALS and military service, the 

Secretary believes it is unlikely that 

conclusive evidence will be developed 

in the foreseeable future to establish the 

cause of ALS among military or civilian 

populations due to the rarity of this 

particular disease. After careful 

consideration of the studies referenced 

above and the fact that further research 

is unlikely to clarify this association 

between ALS and military service, the 

Secretary believes there is sufficient 


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