63818 Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Rules and Regulations 

8. 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. 

9. 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. 

10. 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. 

11. 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 made a preliminary determination 

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 the establishment of a 

temporary safety zone for all waters of 

the Lower Mississippi River from MM 

170 to MM 172. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

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. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191; 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. A new temporary § 165.T08–0780 is 

added to read as follows: 

§ 165.T08–0780 Safety Zone, Lower 

Mississippi River, Mile 170 to Mile 172; 

Darrow, LA. 

(a) Location. The following area is a 

safety zone: All waters of the Lower 

Mississippi River from mile marker 170 

to mile marker 172, Darrow, LA. 

(b) Effective Date and Enforcement 

Period. This rule is effective on 

November 15, 2014. The safety zone 

will be enforced from 9:00 p.m. until 

10:00 p.m. on November 15, 2014. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) New Orleans or designated 

personnel. Designated personnel 

include commissioned, warrant and 

petty officers of the U.S. Coast Guard 

assigned to units under the operational 

control of USCG Sector New Orleans. 

(2) Vessels requiring deviation from 

this rule must request permission from 

the COTP New Orleans or a COTP New 

Orleans designated representative. They 

may be contacted on VHF–FM Channel 

16 or 67, or through Coast Guard Sector 

New Orleans at 504–365–2200. 

(3) Persons and vessels permitted to 

deviate from this safety zone regulation 

and enter the restricted area must transit 

at the slowest safe speed and comply 

with all lawful directions issued by the 

COTP New Orleans or designated 

representative. 

(d) Information Broadcasts. The COTP 

New Orleans or a COTP New Orleans 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the safety zone as well as any changes 

in the planned schedule. 

Dated: September 11, 2014. 

P.C. Schifflin, 

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

Port New Orleans. 

[FR Doc. 2014–25502 Filed 10–24–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0929] 

RIN 1625–AA00 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 at specified times from 

October 8, 2014 to November 26, 2014. 

This action is necessary to protect the 

waterway, waterway users, and vessels 

from the hazards associated with the 

U.S. Army Corps of Engineers’ 

installation of a new permanent fish 

barrier. 

During the enforcement periods listed 

below, entry into, transiting, mooring, 

laying-up or anchoring within the 

enforced area of this safety zone by any 

person or vessel is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced intermittently 

from 7 a.m. until 4 p.m. on Monday 

through Friday, from October 8, 2014 

through November 26, 2014. 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Rules and Regulations 63819 

This schedule supersedes the 

previously published schedule for 

enforcement of 33 CFR 165.930 due to 

the installation of a new permanent fish 

barrier (USCG 2011–0228, published in 

the Federal Register June 16, 2014 at 79 

FR 34231). The Captain of the Port 

suspends this previously issued 

schedule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email MST1 John Ng, Waterways 

Department, Coast Guard Marine Safety 

Unit Chicago, telephone 630–986–2155, 

email address john.h.ng@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone on all waters of the Chicago 

Sanitary and Ship Canal between Mile 

Marker 296.1 to Mile Marker 296.7. 

Enforcement will occur intermittently 

from 7 a.m. to 4 p.m. on Monday 

through Friday, from October 8, 2014 

through November 26, 2014. 

This enforcement action is necessary 

because the Captain of the Port Lake 

Michigan, has determined that the U.S. 

Army Corps of Engineers’ installation of 

a new permanent fish barrier poses risks 

to life and property. Because of these 

risks, it is necessary to control vessel 

movement during the operations to 

prevent injury and property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port Lake Michigan or his 

or her designated representative. 

Vessels that wish to transit through 

the safety zone may request permission 

from the Captain of the Port Lake 

Michigan or a designated on scene 

representative. Requests must be made 

in advance and approved by the Captain 

of the Port before transits will be 

authorized. Approvals will be granted 

on a case by case basis. The Captain of 

the Port representative may be contacted 

via U.S. Coast Guard Sector Lake 

Michigan on VHF channel 16. 

This document is issued under 

authority of 33 CFR 165.930 and 5 

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

publication in the Federal Register, the 

Captain of the Port Lake Michigan, will 

also provide notice through other 

means, which may include Broadcast 

Notice to Mariners, Local Notice to 

Mariners, local news media, distribution 

in leaflet form, and on-scene oral notice. 

Additionally, the Captain of the Port 

Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: October 8, 2014. 

K.M. Moser, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Lake Michigan. 

[FR Doc. 2014–25501 Filed 10–24–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AP15 

Copayments for Medications in 2015 

AGENCY: Department of Veterans Affairs. 

ACTION: Interim final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its medical 

regulations concerning the copayment 

required for certain medications. But for 

this rulemaking, beginning on January 1, 

2015, the copayment amount would 

increase based on a formula set forth in 

regulation. The maximum annual 

copayment amount payable by veterans 

would also increase. This rulemaking 

freezes copayments for 2015 at the 

current rate for veterans in priority 

categories 2 through 8, and thereafter 

resumes increasing copayments in 

accordance with the regulatory formula. 

DATES: Effective Date: This rule is 

effective on October 27, 2014. 

Comment date: Comments must be 

received on or before December 26, 

2014. 

ADDRESSES: Written comments may be 

submitted by email through http://

www.regulations.gov; by mail or handdelivery to Director, Regulation Policy 

and Management (02REG), Department 

of Veterans Affairs, 810 Vermont 

Avenue NW., Room 1068, Washington, 

DC 20420; or by fax to (202) 273–9026. 

(This is not a toll-free number.) 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AP15—Copayments for Medications in 

2015.’’ Copies of comments received 

will be available for public inspection in 

the Office of Regulation Policy and 

Management, Room 1068, between the 

hours of 8:00 a.m. and 4:30 p.m. 

Monday through Friday (except 

holidays). Please call (202) 461–4902 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: 

Kristin Cunningham, Director, Business 

Policy, Chief Business Office, 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Washington, DC 

20420, (202) 382–2508. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 1722A(a), VA must require 

veterans to pay a $2 copayment for each 

30-day supply of medication furnished 

on an outpatient basis for the treatment 

of a non-service-connected disability or 

condition unless a veteran has a serviceconnected disability rated 50 percent or 

more, is a former prisoner of war, or has 

an annual income at or below the 

maximum annual rate of VA pension 

that would be payable if the veteran 

were eligible for pension. Under 38 

U.S.C. 1722A(b), VA ‘‘may,’’ by 

regulation, increase that copayment 

amount and establish a maximum 

annual copayment amount (a ‘‘cap’’). 

We have consistently interpreted 

section 1722A(b) to mean that VA has 

discretion to determine the appropriate 

copayment amount and annual cap 

amount for medication furnished on an 

outpatient basis for covered treatment, 

provided that any decision by VA to 

increase the copayment amount or 

annual cap amount is the subject of a 

rulemaking proceeding. We have 

implemented this statute in 38 CFR 

17.110. 

Under 38 CFR 17.110(b)(1), veterans 

are obligated to pay VA a copayment for 

each 30-day or less supply of 

medication provided by VA on an 

outpatient basis (other than medication 

administered during treatment). Under 

the current regulation, for the period 

from July 1, 2010, through December 31, 

2014, the copayment amount for 

veterans in priority categories 2 through 

6 of VA’s health care system is $8. 38 

CFR 17.110(b)(1)(i). For the period July 

1, 2010, through December 31, 2014, the 

copayment amount for veterans in 

priority categories 7 and 8 is $9. 38 CFR 

17.110(b)(1)(ii). Thereafter, the 

copayment amount for all affected 

veterans is to be established using a 

formula based on the prescription drug 

component of the Medical Consumer 

Price Index (CPI–P), set forth in 38 CFR 

17.110(b)(1)(iii). 

Current § 17.110(b)(2) also includes a 

‘‘cap’’ on the total amount of 

copayments in a calendar year for a 

veteran enrolled in one of VA’s health 

care enrollment system priority 

categories 2 through 6. Through 

December 31, 2014, the annual cap is set 


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