Safety Zones; Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility, 70882-70883 [2011-29561]
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70882
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Rules and Regulations
(6) Current local and regional real
estate market conditions, including
market demand for the property.
(7) Incorporation of other Federal
agency interests and concerns,
including the applicability of other
Federal surplus property disposal
authorities.
(8) Economic benefit to the Federal
Government, including protection and
maintenance cost savings,
environmental clean-up savings, and
anticipated consideration from the
transfer.
(9) Compliance with applicable
Federal, state, interstate, and local laws
and regulations.
(g) The Secretary concerned shall
negotiate the terms and conditions of
each transaction with the LRA. The
Secretary concerned shall have the
discretion and flexibility to enter into
agreements that specify the form of
payment and the schedule.
(h)(1) The Secretary concerned may
accept, as consideration, any
combination of the following:
(i) Cash, including a share of the
revenues that the local redevelopment
authority receives from third-party
buyers or lessees from sales and leases
of the conveyed property (i.e., a share of
the revenues generated from the
redevelopment project);
(ii) Goods and services;
(iii) Real property and improvements;
and
(iv) Such other consideration as the
Secretary considers appropriate.
(2) The consideration may be
accepted over time.
(3) All cash consideration for property
at a military installation where the date
of approval of closure or realignment is
before January 1, 2005, shall be
deposited in the account established
under Section 2906(a) of the Defense
Base Closure and Realignment Act of
1990 (part A of title XXIX of Pub. L.
101–510; 10 U.S.C. 2687 note). All cash
consideration for property at a military
installation where the date of approval
of closure or realignment is after January
1, 2005, shall be deposited in the
account established under Section
2906A(a) of the Defense Base Closure
and Realignment Act of 1990 (part A of
title XXIX of Pub. L. 101–510; 10 U.S.C.
2687 note).
(4) The Secretary concerned may use
in-kind consideration received from an
LRA at any location under control of the
Secretary concerned.
(i) The LRA and the Secretary
concerned may agree on a schedule for
sale of parcels and payment
participation.
(j) Additional provisions shall be
incorporated in the conveyance
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documents to protect the Department’s
interest in obtaining the agreed upon
consideration, which may include such
items as predetermined release prices,
accounting standards, or other
appropriate clauses designed to ensure
payment and protect against fraudulent
transactions. Every agreement for an
EDC shall contain provisions allowing
the Secretary concerned to recoup from
the LRA such portion of the proceeds
from a sale or lease by the LRA as the
Secretary concerned determines
appropriate if the LRA does not use the
proceeds to support economic
redevelopment of or related to the
installation during the period specified
in paragraph (d)(8) of this section. The
Secretary concerned and an LRA may
enter into a mutually agreed
participation agreement which may
include input by the Secretary
concerned on the LRA’s disposal of EDC
parcels.
(k) The Secretary concerned should
take account of property value but is not
required to formally determine the
estimated fair market value of the
property for any EDC. The consideration
negotiated should be based on a
business plan and development proforma that assumes the uses in the
redevelopment plan. The Secretary
concerned may determine the nature
and extent of any additional information
needed for purposes of an informed
negotiation. This may include, but is not
limited to, an economic and market
analysis, construction estimates, a real
estate pro forrma analysis, or an
appraisal. To the extent not prohibited
by law, information used should be
shared with the LRA.
(l) After evaluating the application
based upon the criteria specified in
paragraph (f) of this section, and
negotiating terms and conditions, the
Secretary concerned shall present the
proposed EDC to the Deputy Under
Secretary of Defense (Installations and
Environment) for formal coordination
before announcing approval of the
application.
§ 174.10
[Removed and Reserved]
3. Section 174.10 is removed and
reserved.
■
Dated: November 10, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2011–29533 Filed 11–15–11; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0842]
Safety Zones; Annual Firework
Displays Within the Captain of the
Port, Puget Sound Area of
Responsibility
AGENCY:
ACTION:
Coast Guard, DHS.
Final rule; correction.
This document corrects a
final rule published in the Federal
Register on October 4, 2011, for the
Safety Zones; Annual Firework Displays
Within the Captain of the Port, Puget
Sound Area of Responsibility. That
document contained an inaccurate
Docket Number, USCG–2010–0842. The
correct Docket Number is USCG–2011–
0842.
SUMMARY:
DATES:
Effective November 16, 2011.
If
you have questions on this rule, call or
email Ensign Anthony P. LaBoy, USCG
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone (206) 217–6323, email
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
(202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Correction
The heading of the final rule
published in the Federal Register of
October 4, 2011, in FR Doc. 2011–
25344, on page 61263, contained an
incorrect Docket Number, USCG–2010–
0842. The correct Docket Number is
USCG–2011–0842. To advise the public
of this error, we are publishing this
notice of correction.
Correction of Publication
Accordingly, the final rule Safety
Zones; Annual Firework Displays
Within the Captain of the Port, Puget
Sound Area of Responsibility published
in the Federal Register of October 4,
2011, in FR Doc. 2011–25344, is
corrected as follows: On page 61263, in
the heading, ‘‘Docket No. USCG–2010–
0842’’ is corrected to read ‘‘Docket No.
USCG–2011–0842.’’
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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Rules and Regulations
Dated: November 9, 2011.
Kathryn A. Sinniger,
Chief, Office of Regulations and
Administrative Law United States Coast
Guard.
[FR Doc. 2011–29561 Filed 11–15–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AN64
Clothing Allowance
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its regulations
regarding clothing allowances. The
amendment provides for an annual
clothing allowance for each qualifying
prosthetic or orthopedic appliance worn
or used by a veteran for a serviceconnected disability or disabilities that
wears out or tears a single article of the
veteran’s clothing and for each
physician-prescribed medication used
by a veteran for a skin condition that is
due to a service-connected disability
that affects a single outergarment. The
amendment also provides two annual
clothing allowances if a veteran wears
or uses more than one qualifying
prosthetic or orthopedic appliance,
physician-prescribed medication for
more than one skin condition, or an
appliance and a medication for a
service-connected disability or
disabilities and the appliance(s) or
medication(s) together cause a single
article of clothing to wear out faster than
if affected by a single appliance or
medication. This amendment also
makes certain technical changes to the
rule.
DATES: Effective Date: This final rule is
effective December 16, 2011.
Applicability Date: This final rule
applies to claims received by or pending
before VA on or after December 16,
2011.
FOR FURTHER INFORMATION CONTACT: Tom
Kniffen, Chief, Regulations Staff (211D),
Compensation Service, Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420, (202) 461–
9725. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on February 2, 2011 (76 FR
5733–5734), VA proposed to amend its
regulations regarding clothing
allowances in order to implement the
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holding of the U.S. Court of Appeals for
the Federal Circuit (Federal Circuit) in
Sursely v. Peake, 551 F.3d 1351, 1356
(Fed. Cir. 2009). In this final rule, VA
will implement Sursely by amending 38
CFR 3.810(a)(2) to provide that a veteran
is entitled to a clothing allowance for
each qualifying prosthetic or orthopedic
appliance worn or used by a veteran
because of a service-connected
disability which tends to wear or tear
clothing or medication prescribed by a
physician and used by a veteran for a
skin condition caused by a serviceconnected disability which irreparably
damages an outergarment if each
appliance or medication affects a single
article of clothing or outergarment.
VA also provides in § 3.810(a)(3) that
a veteran is entitled to two annual
clothing allowances if: (1) A veteran
uses more than one qualifying
prosthetic or orthopedic appliance,
medication for more than one skin
condition, or an appliance and a
medication; and (2) the appliance(s) or
medication(s) each satisfy the
requirements of § 3.810(a)(1) and
together tend to tear or wear a single
article of clothing or irreparably damage
an outergarment, requiring replacement
at an increased rate than if the article of
clothing, or outergarment, was affected
by a single qualifying appliance or
medication.
Comments in Response to Proposed
Rule
A 60-day comment period ended
April 4, 2011, and VA received
comments from seven members of the
general public and one organization.
Three individual commenters expressed
general support for the rule. A fourth
commenter stated that VA should
expand the service-connected
disabilities for which a clothing
allowance is provided to include ‘‘very
limited knee movement when walking’’
which causes shoes to wear out faster.
VA makes no change based on this
comment because 38 U.S.C. 1162
authorizes payment of a clothing
allowance only if a veteran ‘‘wears or
uses a prosthetic or orthopedic
appliance’’ that tends to wear out or tear
the veteran’s clothing or uses physicianprescribed medication for a skin
condition due to a service-connected
disability and the medication causes
irreparable damage to the veteran’s
outergarments. No clothing allowance is
payable if a veteran does not use a
prosthetic or orthopedic appliance or
medication for a skin condition.
Another commenter stated that use of
an Ankle-Foot Orthotic (AFO) wears out
shoes as well as slacks/trousers. VA
makes no change based on this
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70883
comment because 38 U.S.C. 1162 does
not authorize the payment of more than
one clothing allowance based on a
single qualifying appliance. Section
1162 authorizes VA to pay ‘‘a clothing
allowance of $716 per year’’ to each
veteran who, because of serviceconnected disability ‘‘wears or uses a
prosthetic appliance (including a
wheelchair) which the Secretary
determines tends to wear out or tear the
clothing of the veteran.’’ In Sursely, the
Federal Circuit stated that ‘‘by linking
receipt of the [clothing allowance] to a
single qualifying appliance, Congress
recognized that multiple appliances
might allow the award of multiple
benefits.’’ That decision provides no
basis for interpreting section 1162 to
allow more than one clothing allowance
for a single appliance.
A sixth commenter expressed that VA
should establish ‘‘no limitation for the
number of clothing allowances per
year’’ because some veterans use a
combination of prosthetic and/or
orthopedic appliances for serviceconnected disabilities. VA appreciates
this comment; however, VA makes no
change in response to this comment
because the rule as proposed already
provides for multiple prosthetic and/or
orthopedic appliances. As explained
above, § 3.810(a)(2) provides that a
veteran is entitled to an annual clothing
allowance for each prosthetic or
orthopedic appliance used by the
veteran if each appliance affects a
distinct article of clothing and
§ 3.810(a)(3) provides for two clothing
allowances based on the cumulative
effects of multiple appliances on a
single article of clothing.
The seventh commenter stated that
currently, only metal-hinged prosthetic
devices qualify for the clothing
allowance and that VA should cover
wear and tear caused by plastic-hinged
prosthetics as well. The commenter
further stated that prescription skin
cream for the ‘‘face, neck, hands, arms,
or any area not covered by clothing may
come into contact with clothing, causing
discoloration or rapid deterioration.’’
VA appreciates these comments;
however, VA makes no change to the
rule based on these comments for the
following reasons. The term ‘‘prosthetic
* * * appliance’’ in § 3.810(a)(1)(i),
(a)(1)(ii)(A), (a)(2) and (3) includes
plastic-hinged prosthetics and is not
limited to metal-hinged prosthetic
devices. With regard to the comment
about medication that comes in contact
with clothing, § 3.810(a) does not limit
entitlement to a clothing allowance to
medications that are covered by
clothing. Rather a veteran is entitled to
a clothing allowance if any physician-
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]]>Agencies
[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Rules and Regulations]
[Pages 70882-70883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29561]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0842]
Safety Zones; Annual Firework Displays Within the Captain of the
Port, Puget Sound Area of Responsibility
AGENCY: Coast Guard, DHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects a final rule published in the Federal
Register on October 4, 2011, for the Safety Zones; Annual Firework
Displays Within the Captain of the Port, Puget Sound Area of
Responsibility. That document contained an inaccurate Docket Number,
USCG-2010-0842. The correct Docket Number is USCG-2011-0842.
DATES: Effective November 16, 2011.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Anthony P. LaBoy, USCG Sector Puget Sound
Waterways Management Division, Coast Guard; telephone (206) 217-6323,
email SectorPugetSoundWWM@uscg.mil. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Correction
The heading of the final rule published in the Federal Register of
October 4, 2011, in FR Doc. 2011-25344, on page 61263, contained an
incorrect Docket Number, USCG-2010-0842. The correct Docket Number is
USCG-2011-0842. To advise the public of this error, we are publishing
this notice of correction.
Correction of Publication
Accordingly, the final rule Safety Zones; Annual Firework Displays
Within the Captain of the Port, Puget Sound Area of Responsibility
published in the Federal Register of October 4, 2011, in FR Doc. 2011-
25344, is corrected as follows: On page 61263, in the heading, ``Docket
No. USCG-2010-0842'' is corrected to read ``Docket No. USCG-2011-
0842.''
[[Page 70883]]
Dated: November 9, 2011.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law United States Coast
Guard.
[FR Doc. 2011-29561 Filed 11-15-11; 8:45 am]
BILLING CODE 9110-04-P
