59966 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

Dated: September 15, 2010. 

C.L. Stowe, 

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

Port San Francisco. 

[FR Doc. 2010–24364 Filed 9–28–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0138] 

RIN 1625–AA00 

Safety Zone; New York Air Show at 

Jones Beach State Park, Wantagh, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent safety zone for 

the annual New York Air Show at Jones 

Beach State Park in Wantagh, New York. 

This safety zone is necessary to provide 

for the safety of navigation and 

protection of the maritime public from 

the hazards inherent with an air show 

which consists of aircraft performing 

aerobatic maneuvers over the Atlantic 

Ocean off of Jones Beach State Park. 

DATES: This rule is effective October 29, 

2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–0138 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0138 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail: Petty Officer Joseph Graun, 

Prevention Department, USCG Sector 

Long Island Sound at 203–468–4459, email: Joseph.L.Graun@uscg.mil. 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 April 21, 2010, we published a 

notice of proposed rulemaking (NPRM) 

entitled: Safety Zone; New York Air 

Show at Jones Beach State Park, Atlantic 

Ocean off of Jones Beach, Wantagh, NY, 

in the Federal Register (75 FR 20802). 

We received no comments or requests 

for a public meeting on the proposed 

rule. 

Basis and Purpose 

The Air Show consists of aircraft 

performing aerobatics in close proximity 

to other aircraft over a specified area of 

the Atlantic Ocean off of Jones Beach 

State Park. The safety zone will provide 

for the safety of the maritime 

community and spectators viewing the 

Air Show from the water should an 

accident, such as a collision of aircraft, 

occur during the Show. 

Entry into this zone is prohibited 

unless authorized by the Captain of the 

Port Long Island Sound or by 

Designated On-scene Patrol Personnel. 

Any violation of the safety zone 

described herein is punishable by, 

among other things, civil and criminal 

penalties, in rem liability against the 

offending vessel, and the initiation of 

suspension or revocation proceedings 

against Coast Guard-issued merchant 

mariner credentials. 

Background 

The New York State Office of Parks, 

Recreation and Historic Preservation 

sponsors an annual air show at Jones 

Beach State Park during the week before 

Memorial Day. In the past the Coast 

Guard established temporary regulations 

for this event every year and was not 

previously published in the CFR. The 

Notice of Proposed Rulemaking process 

provided the opportunity for public 

comments to be voiced and eliminated 

the unnecessary burden of establishing 

temporary rules every year. 

Discussion of Comments and Changes 

During the Notice of Proposed 

Rulemaking process, the sponsor of the 

event informed the Coast Guard that the 

dates of the enforcement period needed 

to be changed. The original proposed 

dates for the safety zone were from May 

24, 2010 until May 30, 2010 allowing 

enforcement of the safety zone during 

the air show practice sessions. There 

will no longer be a practice session; 

therefore, the safety zone will only be 

needed during the main event on the 

Thursday through Sunday before 

Memorial Day in May. 

Regulatory Analyses 

We developed this rule 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. 

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 or anchor in 

those portions of the Atlantic Ocean off 

of Jones Beach State Park, Jones Beach, 

New York covered by the safety zone. 

This regulation may have some 

impact on the public, but the potential 

impact will be minimized for the 

following reasons: The zone would only 

be enforced for a temporary period each 

day over a four day period; and vessels 

may transit in all areas around the zone 

at all times. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM 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. 

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– 


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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 59967 

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 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

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. 

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 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 

(34)(g), of the Instruction. This rule 

involves establishing safety zones and 

therefore falls within the categorical 

exclusion noted above. 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 

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: 33 U.S.C. 1226 and 1231; 46 

U.S.C. Chapter 701, 3306, 3703; 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. 

■ 2. Add § 165.159 to read as follows: 

§ 165.159 Safety Zone: New York Air Show 

at Jones Beach State Park, Wantagh, NY. 

(a) Location. The following waters of 

the Atlantic Ocean off of Jones Beach 

State Park, Wantagh, NY are designated 

a safety zone: Beginning at a point on 

land located in Jones Beach State Park 

at approximate position 40°35′06′′ N, 

073°32′37′′ W, then running east along 

the shoreline of Jones Beach State Park 

to approximate position 40°35′49′′ N, 

073°28′47′′ W; then running south to a 

position in the Atlantic Ocean off of 

Jones Beach at approximate position 

40°35′05′′ N, 073°28′34′′ W; then 

running west to approximate position 

40°34′23′′ N, 073°32′23′′ W; then 

running north to the point of origin. All 

coordinates are North American Datum 

1983. 

(b) Definitions. The following 

definition applies to this section: 

Designated On-scene Patrol Personnel, 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who have 

been authorized to act on the behalf of 

the Captain of the Port Long Island 

Sound. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into or movement within 

this zone is prohibited unless 

authorized by the Captain of the Port 

Long Island Sound or designated onscene patrol personnel. 

(2) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or designated on-scene patrol 

personnel. On-scene Coast Guard patrol 

personnel include commissioned, 


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59968 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

warrant, and petty officers of the Coast 

Guard on board Coast Guard, Coast 

Guard Auxiliary, and local, State, and 

Federal law enforcement vessels. 

(3) Upon being hailed by siren, radio, 

flashing light or other means from a U.S. 

Coast Guard vessel or other vessel with 

on-scene patrol personnel aboard, the 

operator of the vessel shall proceed as 

directed. 

(4) Persons and vessels desiring to 

enter the regulated area may request 

permission to enter from the designated 

on scene patrol personnel by contacting 

them on VHF–16 or by a request to the 

Captain of the Port Long Island Sound 

via phone at (203) 468–4401. 

(d) Enforcement Period. This rule will 

be enforced annually on the Thursday 

through Sunday before Memorial Day in 

May. Notification of the enforcement of 

the safety zone will be made via marine 

broadcasts and local notice to mariners. 

Dated: May 24, 2010. 

Daniel A. Ronan, 

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

Port, Long Island Sound. 

[FR Doc. 2010–24236 Filed 9–28–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN24 

Presumptions of Service Connection 

for Persian Gulf Service 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its adjudication 

regulations concerning presumptive 

service connection for certain diseases. 

This amendment implements a decision 

of the Secretary of Veterans Affairs that 

there is a positive association between 

service in Southwest Asia during certain 

periods and the subsequent 

development of certain infectious 

diseases in response to an October 16, 

2006, report of the National Academy of 

Sciences (NAS), titled ‘‘Gulf War and 

Health Volume 5: Infectious Diseases.’’ 

The intended effect of this amendment 

is to establish presumptive service 

connection for these diseases and to 

provide guidance regarding long-term 

health effects associated with these 

diseases. 

DATES: Effective Date: This amendment 

is effective September 29, 2010. 

Applicability Date: The provisions of 

this regulatory amendment apply to all 

applications for benefits pending before 

VA on or received by VA on or after 

September 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Hernandez, Regulations Staff 

(211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9428. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On March 

18, 2010, VA published a proposal in 

the Federal Register (75 FR 13051) to 

implement a decision of the Secretary of 

Veterans Affairs that there is a positive 

association between service in 

Southwest Asia during certain periods 

and the subsequent development of 

certain infectious diseases. We proposed 

to revise the title of the regulation to 

better reflect the content of the 

regulation and better reflect the 

authorizing statute (38 U.S.C. 1117); to 

establish presumptions of service 

connection for nine infectious diseases 

becoming manifest within a specified 

time after service in the Southwest Asia 

theater of operations or Afghanistan 

during certain time periods; and to 

reorganize the regulation to make clear 

the criteria applicable to each of the 

presumptions in the regulation. 

VA provided a 60-day comment 

period that expired on May 17, 2010. 

VA received 18 comments in response 

to the proposed rule. Of these, five 

comments expressed general agreement 

with and support for this amendment. 

We also received a number of comments 

from veterans regarding their individual 

claims for veterans benefits. We do not 

respond to these comments in this 

notice as they are beyond the scope of 

this rulemaking. For the reasons 

explained in this notice, this final rule 

contains no changes from the proposed 

rule. 

One commenter suggested that 

presumptive service-connection be 

granted for service in Turkey during the 

Persian Gulf War. The areas considered 

in the NAS review on which this rule 

is based were those areas of southcentral and southwest Asia generally 

corresponding to the theaters of 

operations for the 1991 Gulf war, 

Operation Enduring Freedom (OEF), 

and Operation Iraqi Freedom (OIF) as 

designated by Executive Order. 

Executive Order 12744 (Jan. 12, 1991); 

60 FR 6665 (Feb. 3, 1995); Executive 

Order 13239 (Dec. 12, 2001). Turkey 

was not included in that review. We 

therefore make no change based on this 

comment. Although the NAS report did 

not include Turkey in the list of 

geographic areas where the nine 

infectious diseases are endemic, we note 

that no veteran is prevented from 

attempting to establish service 

connection on a direct basis by 

presenting evidence linking the 

veteran’s post-service disability to an 

infection contracted during service or 

any other circumstance in service. 

One commenter suggested that VA 

recognize myalgic encephalomyelitis, 

neurasthenia, multiple chemical 

sensitivities, and chronic 

mononucleosis as ‘‘medically 

unexplained chronic multisymptom 

illnesses’’ under 38 CFR 

3.317(a)(2)(i)(B). The purpose of this 

rulemaking is to add presumptions for 

infectious diseases based on findings by 

NAS in ‘‘Gulf War and Health Volume 

5: Infectious Diseases.’’ That report did 

not address the issue of ‘‘medically 

unexplained chronic multisymptom 

illnesses.’’ The comment, therefore, is 

outside of the scope of this rulemaking. 

One commenter recommended that 

the rule authorize specific treatment for 

certain diseases. The purpose of this 

rule is to amend adjudication 

regulations. Treatment protocols for 

diseases and disabilities are outside the 

scope of this regulation, and, outside the 

scope of 38 CFR part 3. For this reason, 

we make no change based on this 

comment. 

This same commenter suggested that 

infections with Mycoplasma species be 

added to the list of presumptive 

infectious diseases. The NAS did not 

include Mycoplasma species among the 

nine infectious diseases they selected. 

The recent NAS report specifically 

focused on scientific and medical 

literature addressing the incidence of 

long-term health effects in individuals 

who had been diagnosed with the 

primary infectious disease and stated 

findings with respect to only the 

strength of the evidence for associations 

between the primary infectious diseases 

and the secondary health effects. The 

NAS evaluated the published, peerreviewed scientific and medical 

literature on long-term health effects 

associated with infectious diseases 

pertinent to service in Southwest Asia 

and those known to have been of special 

concern to veterans deployed to that 

area. The NAS identified over 20,000 

potentially relevant scientific reports, 

and focused on 1,200 that had the 

necessary scientific quality. 

The NAS initially identified 

approximately 100 diseases that are 

known to be endemic to Southwest 

Asia. Because those diseases would in 

most instances become manifest within 

a relatively short time after infection, 

NAS eliminated from consideration any 

disease that had never been reported in 

any U.S. troops within a reasonable 


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