Regulated Navigation Area-Weymouth Fore River, Fore River Bridge Construction, Weymouth and Quincy, MA, 12260-12264 [2013-04030]
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules
UAS test site. This system is the
common process the FAA uses to obtain
information, evaluate interested parties,
and select successful providers for
procurement matters. Although no
federal funds will be distributed to the
selected test site operators for the
operation of these test sites (and
selection of sites is not a procurement
action), the FAA has determined that
using this well-established system and
process will ensure fair consideration of
all applications and rigorous oversight
of the selection process.
For individuals interested in
submitting an application to operate a
UAS test site, the FAA has published a
Screening Information Request (SIR),
which is also known as a Request for
Proposals, or RFP, in other federal
agencies. The SIR (and amendments, if
any) is available on the FAA Contracting
Opportunities Web site (https://
faaco.faa.gov). Additional information
about this SIR process and criteria for
selecting the six test sites is contained
within the SIR document itself. In order
to be considered for selection,
completed responses must be submitted
via the FAA Contracting Opportunities
Web site by the dates set out in the SIR.
Once the FAA has conducted and
completed its consideration of the
submissions, and the Administrator has
issued an Order designating each
successful applicant as a test site
operator, each operator will be required
to enter into an Other Transaction
Agreement (OTA) with the FAA. Each
OTA will set out the legally binding
terms and conditions under which the
entity will operate the UAS Test Site.
The draft OTA is available for review
via the FAA Contracting Opportunities
Web site listed above. Before OTA
parameters and reporting requirements
are finalized, FAA will consider
comments submitted as a result of this
Federal Register Notice.
While the expanded use of UAS
presents great opportunities, it also
presents significant challenges as UAS
are inherently different from manned
aircraft. The UAS test site program will
help the FAA gain a better
understanding of operational issues,
such as training requirements,
operational specifications, and
technology considerations, which are
primary areas of concern with regard to
our chief mission, which is ensuring the
safety and efficiency of the entire
aviation system. The FAA also
acknowledges that the integration of
UAS in domestic airspace raises privacy
issues, which the FAA intends to
address through engagement and
collaboration with the public. To
address privacy concerns relating to the
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operation of the test site program, the
FAA intends to include in each final
OTA privacy requirements applicable to
all operations at a test site. This notice
is specifically requesting comments on
those potential privacy considerations,
associated reporting requirements, and
how the FAA can help ensure privacy
considerations are addressed through
mechanisms put in place as a result of
the OTAs.
The proposed privacy requirements
set forth in Article three of the DRAFT
OTA are as follows:
(1) The Site Operator must ensure that
there are privacy policies governing all
activities conducted under the OTA,
including the operation and relevant
activities of the UASs authorized by the
Site Operator. Such privacy policies
must be available publically, and the
Site Operator must have a mechanism to
receive and consider comments on its
privacy policies. In addition, these
policies should be informed by Fair
Information Practice Principles. The
privacy policies should be updated as
necessary to remain operationally
current and effective. The Site Operator
must ensure the requirements of this
paragraph are applied to all operations
conducted under the OTA.
(2) The Site Operator and its team
members are required to operate in
accordance with Federal, state, and
other laws regarding the protection of an
individual’s right to privacy. Should
criminal or civil charges be filed by the
U.S. Department of Justice or a state’s
law enforcement authority over a
potential violation of such laws, the
FAA may take appropriate action,
including suspending or modifying the
relevant operational authority (e.g.,
Certificate of Operation, or OTA), until
the proceedings are completed. If the
proceedings demonstrate the operation
was in violation of the law, the FAA
may terminate the relevant operational
authority.
(3) If over the lifetime of this
Agreement, any legislation or
regulation, which may have an impact
on UAS or to the privacy interests of
entities affected by any operation of any
UAS operating at the Test Site, is
enacted or otherwise effectuated, such
legislation or regulation will be
applicable to the OTA and the FAA may
update or amend the OTA to reflect
these changes.
(4) Transmission of data from the Site
Operator to the FAA or its designee
must only include those data listed in
Appendix B to the OTA. (Appendix B
to the OTA is available as part of the SIR
at https://faaco.faa.gov.)
The FAA anticipates that test site
operator privacy practices as discussed
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in their privacy policies will help
inform the dialogue among
policymakers, privacy advocates, and
the industry regarding broader questions
concerning the use of UAS technologies.
The privacy requirements proposed here
are specifically designed for the
operation of the UAS Test Sites. They
are not intended to pre-determine the
long-term policy and regulatory
framework under which commercial
UASs would operate. Rather, they aim
to assure maximum transparency of
privacy policies associated with UAS
test site operations in order to engage all
stakeholders in discussion about which
privacy issues are raised by UAS
operations and how law, public policy,
and the industry practices should
respond to those issues in the long run.
Issued in Washington, DC on February 14,
2013.
Kathryn B. Thomson,
Chief Counsel, Federal Aviation
Administration.
[FR Doc. 2013–03897 Filed 2–21–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0876]
RIN 1625–AA11
Regulated Navigation Area—
Weymouth Fore River, Fore River
Bridge Construction, Weymouth and
Quincy, MA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a regulated navigation area
(RNA) on the navigable waters of
Weymouth Fore River under and
surrounding the Fore River Bridge (Mile
3.5) between Weymouth and Quincy,
MA until December 31, 2017. This
proposed rule would allow the Coast
Guard to enforce speed and wake
restrictions and prohibit all vessel traffic
through the RNA during bridge
replacement operations, both planned
and unforeseen, that could pose an
imminent hazard to persons and vessels
operating in the area. This rule is
necessary to provide for the safety of life
in the regulated area during the
construction of the Fore River Bridge.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 23, 2013.
SUMMARY:
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules
Requests for public meetings must be
received by the Coast Guard on or before
March 15, 2013.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0876 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. Mark Cutter,
Coast Guard Sector Boston Waterways
Management Division, telephone 617–
223–4000, email
Mark.E.Cutter@uscg.mil; or Lieutenant
Isaac M. Slavitt, Waterways
Management Division, U.S. Coast Guard
First District, (617) 223–8385. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
2. Viewing comments and documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number ‘‘USCG–2012–0876’’ in
the ‘‘SEARCH’’ box and click ‘‘Search.’’
Click and Open Docket Folder on the
line associated with this rulemaking.
You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0876),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated navigation area
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suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2012–0876) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
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union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before March 15, 2013
using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Basis and Purpose
Under the Ports and Waterways Safety
Act, the Coast Guard has the authority
to establish RNAs in defined water areas
that are hazardous or in which
hazardous conditions are determined to
exist. See 33 U.S.C. 1231 and
Department of Homeland Security
Delegation No. 0170.1.
The purpose of this proposed
rulemaking is to provide for safety on
the navigable waters in the regulated
area.
C. Discussion of Proposed Rule
The Coast Guard’s proposed rule
would give the Captain of the Port
Boston (COTP) the authority to establish
speed and wake restrictions and to
prohibit vessel traffic on this portion of
the river for limited periods when
necessary for the safety of vessels and
workers during construction work in the
channel. The Coast Guard would
enforce a three knot speed limit as well
as a ‘‘NO WAKE’’ zone and be able to
close the designated area to all vessel
traffic during any circumstance,
planned or unforeseen, that poses an
imminent threat to waterway users or
construction operations in the area.
Complete waterway closures would be
minimized to that period absolutely
necessary and made with as much
advanced notice as possible. During
closures, mariners could request
permission from the COTP to transit
through the RNA.
The proposed rule was prompted by
(but is not limited to) the navigation
safety situation created by construction
of the new Fore River Bridge (sometimes
referred to as the Washington Street
Bridge) and removal of the temporary
bridge. This bridge carries State Road
3A over the Weymouth Fore River from
Quincy to Weymouth MA. The present
temporary Fore River Bridge was built
in 2003 and was designed to be a 15
year temporary bridge until a new
bridge could be built. The old Fore
River Bridge that was built in 1936 was
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found to be deteriorated beyond the
point of restoration in the 1990’s. After
the temporary bridge was built, the old
Fore River Bridge was removed. The
new Fore River Bridge will be located in
the approximate location of the old Fore
River Bridge. The present temporary
bridge will reach the end of its useable
life span in 2018 and the Massachusetts
Department of Transportation (MassDOT) has contracted J.F. White-Skanska
Koch to construct a new vertical
replacement bridge and remove the
temporary Bridge. J.F. White-Skanska
Koch has begun bridge construction and
is scheduled to complete the new bridge
and the removal of the old bridge in
2017.
The Coast Guard has discussed this
project with MASS–DOT and J.F. WhiteSkanska Koch to determine whether the
project can be completed without
channel closures and, if possible, what
impact that would have on the project
timeline. Through these discussions, it
became clear that while the majority of
construction activities during the span
of this project would not require
waterway closures, there are certain
tasks that can only be completed in the
channel and will require closing the
waterway.
Specifically, this includes the
placement of the lift span. The lift span
is large and constructed of extremely
heavy steel support beams that will be
built on land, then floated by barge to
the site and lifted and connected to the
towers that support and operate it. The
temporary bridge, suspended 55 feet
above the water, must also be
dismantled into small sections and
lowered on to a barge below. These two
processes will be complex and present
many safety hazards including overhead
crane operations, overhead cutting
operations, potential falling debris, and
barges positioned in the channel with a
restricted ability to maneuver.
In an email to the U.S. Coast Guard
dated September 14, 2012, J.F. WhiteSkanska Koch outlined three phases of
operations that require in-channel work,
two of which will require waterway
closures. J.F. White-Skanska Koch will
notify the Coast Guard as far in advance
as possible if additional closures are
needed.
The first proposed closure period will
be for three days during the winter of
2014–2015. The purpose of this closure
is to float in the new bridge lift span
system by barge and install the lift span
system on to the two towers that
support the lift span system. The barge
will take up the width of the channel,
causing a closure of the channel. Once
the barge is in place and the installation
of the lift span system begins the barge
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cannot move out of the channel until
the lift span has been installed.
The second proposed closure period
will be two separate periods for four to
six days each starting fall of 2015 and
extending to winter of 2016. The
purpose of this closure is to remove the
steel support beams of the two
temporary existing bridge spans.
D. Regulatory Analyses
We developed this proposed 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.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory 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.
The Coast Guard determined that this
rulemaking would not be a significant
regulatory action for the following
reasons: Vessel traffic would only be
restricted from the RNA for limited
durations and the RNA covers only a
small portion of the navigable
waterways. Furthermore, entry into this
RNA during a closure may be
authorized by the COTP Boston or
designated representative.
Advanced public notifications will
also be made to local mariners through
appropriate means, which may include
but are not limited to the Local Notice
to Mariners and Broadcast Notice to
Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This rule will affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to enter,
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transit, anchor or moor within the
regulated areas during a vessel
restriction period.
The RNA will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: The RNA will be of
limited size and any waterway closures
will be of short duration, and entry into
this RNA during a closure is possible if
the vessel has Coast Guard
authorization. Additionally, before the
effective period of a waterway closure,
notifications will be made to local
mariners through appropriate means.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Mark
Cutter, Coast Guard Sector Boston
Waterways Management Division,
telephone 617–223–4000, email
Mark.E.Cutter@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. 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 proposed rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
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Significantly Affect Energy Supply,
Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 proposed
rule involves restricting vessel
movement within a regulated navigation
area. 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 is
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
proposed 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 proposes to
amend 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, 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.T01–0876 to read as
follows:
■
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§ 165.T01–0876 Regulated Navigation
Area—Weymouth Fore River, Fore River
Bridge Construction, Weymouth and
Quincy, MA.
(a) Boundaries. The following is a
regulated navigation area; all navigable
waters surrounding the Weymouth Fore
River (Mile 3.5), between Weymouth
and Quincy, MA; from surface to
bottom, within the following points
(NAD 83): from a line extending from
42°14′46.392″ N, 070°58′2.964″ W,
thence along a line 120°T to
42°14′44.376″ N, 070°57′52.992″ W,
thence south along the shoreline to
42°14′35.052″ N, 070°57′59.364″ W,
thence along a line 291°T to
42°14′38.58″ N, 070°58′15.348″ W,
thence north along the shoreline to the
first point.
(b) Effective Dates and Enforcement
Periods. This rule is effective and
enforceable from July 1, 2013 through
December 31, 2017. Periods of
enforcement will normally be
publicized in advance via Local Notice
to Mariners or Broadcast Notice to
Mariners.
(c) Regulations.
(1) The general regulations contained
in 33 CFR 165.10, 165.11, and 165.13
apply.
(2) In accordance with the general
regulations, entry into, anchoring, or
movement within the RNA, during
periods of enforcement, is prohibited
unless authorized by the Captain of the
Port Boston (COTP) or the COTP’s
designated representative.
(3) During periods of enforcement,
entry and movement within the RNA is
subject to a ‘‘Slow-No Wake’’ speed
limit. Vessels may not produce more
than a minimum wake and may not
attain speeds greater than three knots
unless a higher minimum speed is
necessary to maintain steerageway when
traveling with a strong current. In no
case may the wake produced by the
vessel be such that it creates a danger of
injury to persons, or damage to vessels
or structures of any kind.
(4) During periods of enforcement, all
persons and vessels must comply with
all orders and directions from the COTP
or the COTP’s designated representative.
(5) During periods of enforcement,
upon being hailed by a Coast Guard
vessel by siren, radio, flashing light or
other means, the operator of the vessel
must proceed as directed.
(6) Vessel operators desiring to enter
or operate within the regulated area
when it is closed shall contact the COTP
or the designated on-scene
representative via VHF channel 16 or
617–223–3201 (Sector Boston command
Center) to obtain permission.
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(7) Notwithstanding anything
contained in this section, the Rules of
the Road (33 CFR part 84—Subchapter
E, inland navigational rules) are still in
effect and must be strictly adhered to at
all times.
Dated: February 5, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2013–04030 Filed 2–21–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO21
Criteria for a Catastrophically Disabled
Determination for Purposes of
Enrollment
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
regulation concerning the manner in
which VA determines that a veteran is
catastrophically disabled for purposes of
enrollment in priority group 4 for VA
health care. The current regulation
relies on specific codes from the
International Classification of Diseases,
Ninth Revision, Clinical Modification
(ICD–9–CM) and Current Procedural
Terminology (CPT®). We propose to
state the descriptions that would
identify an individual as
catastrophically disabled, instead of
using the corresponding ICD–9–CM and
CPT® codes. The revisions would
ensure that our regulation is not out of
date when new versions of those codes
are published. The revisions would also
broaden some of the descriptions for a
finding of catastrophic disability.
Additionally, we would eliminate the
Folstein Mini Mental State Examination
(MMSE) as a criterion for determining
whether a veteran meets the definition
of catastrophically disabled, because we
have determined that the MMSE is no
longer a necessary clinical assessment
tool.
DATES: Comments on the proposed rule
must be received by VA on or before
April 23, 2013.
ADDRESSES: Written comments may be
submitted through https://
www.regulations.gov; by mail or handdelivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
SUMMARY:
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14:18 Feb 21, 2013
Jkt 229001
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AO21, Criteria for a Catastrophically
Disabled Determination for Purposes of
Enrollment.’’ Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday (except
holidays). Please call (202) 461–4902
(this is not a toll-free number) for an
appointment. In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Margaret C. Hammond, M.D., Acting
Chief Patient Care Services Officer
(10P4), Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–7590 (this is not a tollfree number).
SUPPLEMENTARY INFORMATION: Pursuant
to 38 U.S.C. 1705, VA established eight
enrollment categories (in order of
priority) for veterans eligible to enroll in
VA’s health care system. Under 38 CFR
17.36(b)(4), ‘‘veterans who are
determined to be catastrophically
disabled’’ are to be enrolled in
enrollment priority group 4. For the
purposes of enrollment, § 17.36(e)
defines ‘‘catastrophically disabled’’ as
having ‘‘a permanent severely disabling
injury, disorder, or disease that
compromises the ability to carry out the
activities of daily living to such a degree
that the individual requires personal or
mechanical assistance to leave home or
bed or requires constant supervision to
avoid physical harm to self or others.’’
The regulation states that the definition
is met if the veteran is found ‘‘to have
a permanent condition specified in [38
CFR 17.36(e)(1)]’’ or ‘‘to meet
permanently one of the conditions
specified in [38 CFR 17.36(e)(2)].’’
Current paragraph (e)(1) identifies the
covered conditions in part by
assignment of particular tabular
diagnosis codes from Volume 1 of the
ICD–9–CM, associated supplementary
codes (V Codes), tabular procedure
codes from Volume 3 of ICD–9–CM, and
procedure codes from the CPT®. (CPT is
a trademark of the American Medical
Association. CPT codes and
descriptions are copyrighted by the
American Medical Association. All
rights reserved.) This approach will
soon be outdated; the ICD–9–CM and
CPT will no longer be used for disease
and inpatient procedure coding after
October 1, 2014, when they will be
replaced by tabular diagnosis and
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
supplementary codes from the
International Classification of Diseases,
Tenth Revision, Clinical Modification
(ICD–10–CM) and by procedure codes
from the International Classification of
Diseases, Tenth Revision, Procedure
Coding System (ICD–10–PCS).
Fortunately, the current regulation
also lists the descriptions that classify
an individual as catastrophically
disabled under paragraph (e)(1). Those
descriptions are the actual basis for the
various assigned diagnosis codes in the
regulation. We believe those
descriptions listed under current
paragraph (e)(1) are sufficient to classify
an individual as catastrophically
disabled and that it is not necessary to
require the assignment of the particular
listed codes. The ICD–9–CM diagnostic
codes and the ICD–9–CM or CPT®
procedure codes are used to represent
an actual clinical finding. An examining
clinician, in practice, examines the
veteran and determines the veteran’s
level of disability based on medical
criteria or performs surgical procedures
that are not dependent on the
assignment of a particular code number.
Once the medical criteria are met, the
physician can match them to an
appropriate code. In other words, the
description of the veteran’s medical
condition—and not a particular code
number—forms the basis for a
determination of catastrophic disability.
It is fair to say that the new tabular
diagnosis and supplementary codes
from the ICD–10–CM and procedure
codes from ICD–10–PCS will continue
to be updated in future years to ensure
accuracy of the codes. As a result, VA
would need to update this regulation
solely to reflect changes in those
references. This is administratively
burdensome, particularly when
inclusion of such information is not
necessary as we explained above. We
therefore propose to eliminate the
references to the ICD–9–CM and to the
CPT® in current § 17.36(e)(1). Current
§ 17.36(e)(1) states that a veteran is
catastrophically disabled if she or he
has: ‘‘Quadriplegia and quadriparesis
(ICD–9–CM Code 344.0x: 344.00,
344.01, 344.02, 344.03, 344.04, 3.44.09),
paraplegia (ICD–9–CM Code 344.1),
blindness (ICD–9–CM Code 369.4),
persistent vegetative state (ICD–9–CM
Code 780.03), or a condition resulting
from two of the following procedures
(ICD–9–CM Code 84.x or associated V
Codes when available or Current
Procedural Terminology (CPT) Codes)
provided the two procedures were not
on the same limb.’’ As already
discussed, we would revise paragraph
(e)(1) to eliminate references to specific
codes. The descriptions of quadriplegia
E:\FR\FM\22FEP1.SGM
22FEP1
]]>Agencies
[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Proposed Rules]
[Pages 12260-12264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04030]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0876]
RIN 1625-AA11
Regulated Navigation Area--Weymouth Fore River, Fore River Bridge
Construction, Weymouth and Quincy, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a regulated
navigation area (RNA) on the navigable waters of Weymouth Fore River
under and surrounding the Fore River Bridge (Mile 3.5) between Weymouth
and Quincy, MA until December 31, 2017. This proposed rule would allow
the Coast Guard to enforce speed and wake restrictions and prohibit all
vessel traffic through the RNA during bridge replacement operations,
both planned and unforeseen, that could pose an imminent hazard to
persons and vessels operating in the area. This rule is necessary to
provide for the safety of life in the regulated area during the
construction of the Fore River Bridge.
DATES: Comments and related material must be received by the Coast
Guard on or before April 23, 2013.
[[Page 12261]]
Requests for public meetings must be received by the Coast Guard on
or before March 15, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0876 using any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Mark Cutter, Coast Guard Sector Boston
Waterways Management Division, telephone 617-223-4000, email
Mark.E.Cutter@uscg.mil; or Lieutenant Isaac M. Slavitt, Waterways
Management Division, U.S. Coast Guard First District, (617) 223-8385.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated navigation area
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0876), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http:[sol][sol]www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to
http:[sol][sol]www.regulations.gov, type the docket number (USCG-2012-
0876) in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a
Comment'' on the line associated with this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing comments and documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
http:[sol][sol]www.regulations.gov, type the docket number ``USCG-2012-
0876'' in the ``SEARCH'' box and click ``Search.'' Click and Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before March 15, 2013 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Basis and Purpose
Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are hazardous
or in which hazardous conditions are determined to exist. See 33 U.S.C.
1231 and Department of Homeland Security Delegation No. 0170.1.
The purpose of this proposed rulemaking is to provide for safety on
the navigable waters in the regulated area.
C. Discussion of Proposed Rule
The Coast Guard's proposed rule would give the Captain of the Port
Boston (COTP) the authority to establish speed and wake restrictions
and to prohibit vessel traffic on this portion of the river for limited
periods when necessary for the safety of vessels and workers during
construction work in the channel. The Coast Guard would enforce a three
knot speed limit as well as a ``NO WAKE'' zone and be able to close the
designated area to all vessel traffic during any circumstance, planned
or unforeseen, that poses an imminent threat to waterway users or
construction operations in the area. Complete waterway closures would
be minimized to that period absolutely necessary and made with as much
advanced notice as possible. During closures, mariners could request
permission from the COTP to transit through the RNA.
The proposed rule was prompted by (but is not limited to) the
navigation safety situation created by construction of the new Fore
River Bridge (sometimes referred to as the Washington Street Bridge)
and removal of the temporary bridge. This bridge carries State Road 3A
over the Weymouth Fore River from Quincy to Weymouth MA. The present
temporary Fore River Bridge was built in 2003 and was designed to be a
15 year temporary bridge until a new bridge could be built. The old
Fore River Bridge that was built in 1936 was
[[Page 12262]]
found to be deteriorated beyond the point of restoration in the 1990's.
After the temporary bridge was built, the old Fore River Bridge was
removed. The new Fore River Bridge will be located in the approximate
location of the old Fore River Bridge. The present temporary bridge
will reach the end of its useable life span in 2018 and the
Massachusetts Department of Transportation (Mass-DOT) has contracted
J.F. White-Skanska Koch to construct a new vertical replacement bridge
and remove the temporary Bridge. J.F. White-Skanska Koch has begun
bridge construction and is scheduled to complete the new bridge and the
removal of the old bridge in 2017.
The Coast Guard has discussed this project with MASS-DOT and J.F.
White-Skanska Koch to determine whether the project can be completed
without channel closures and, if possible, what impact that would have
on the project timeline. Through these discussions, it became clear
that while the majority of construction activities during the span of
this project would not require waterway closures, there are certain
tasks that can only be completed in the channel and will require
closing the waterway.
Specifically, this includes the placement of the lift span. The
lift span is large and constructed of extremely heavy steel support
beams that will be built on land, then floated by barge to the site and
lifted and connected to the towers that support and operate it. The
temporary bridge, suspended 55 feet above the water, must also be
dismantled into small sections and lowered on to a barge below. These
two processes will be complex and present many safety hazards including
overhead crane operations, overhead cutting operations, potential
falling debris, and barges positioned in the channel with a restricted
ability to maneuver.
In an email to the U.S. Coast Guard dated September 14, 2012, J.F.
White-Skanska Koch outlined three phases of operations that require in-
channel work, two of which will require waterway closures. J.F. White-
Skanska Koch will notify the Coast Guard as far in advance as possible
if additional closures are needed.
The first proposed closure period will be for three days during the
winter of 2014-2015. The purpose of this closure is to float in the new
bridge lift span system by barge and install the lift span system on to
the two towers that support the lift span system. The barge will take
up the width of the channel, causing a closure of the channel. Once the
barge is in place and the installation of the lift span system begins
the barge cannot move out of the channel until the lift span has been
installed.
The second proposed closure period will be two separate periods for
four to six days each starting fall of 2015 and extending to winter of
2016. The purpose of this closure is to remove the steel support beams
of the two temporary existing bridge spans.
D. Regulatory Analyses
We developed this proposed 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.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory 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.
The Coast Guard determined that this rulemaking would not be a
significant regulatory action for the following reasons: Vessel traffic
would only be restricted from the RNA for limited durations and the RNA
covers only a small portion of the navigable waterways. Furthermore,
entry into this RNA during a closure may be authorized by the COTP
Boston or designated representative.
Advanced public notifications will also be made to local mariners
through appropriate means, which may include but are not limited to the
Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule will affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated areas
during a vessel restriction period.
The RNA will not have a significant economic impact on a
substantial number of small entities for the following reasons: The RNA
will be of limited size and any waterway closures will be of short
duration, and entry into this RNA during a closure is possible if the
vessel has Coast Guard authorization. Additionally, before the
effective period of a waterway closure, notifications will be made to
local mariners through appropriate means.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Mark Cutter, Coast Guard
Sector Boston Waterways Management Division, telephone 617-223-4000,
email Mark.E.Cutter@uscg.mil. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. 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 proposed rule
under that Order and have determined that it does not have implications
for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the
[[Page 12263]]
person listed in the FOR FURTHER INFORMATION CONTACT section to
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.
7. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 proposed rule
involves restricting vessel movement within a regulated navigation
area. 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 is 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 proposed
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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, 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.
0
2. Add Sec. 165.T01-0876 to read as follows:
Sec. 165.T01-0876 Regulated Navigation Area--Weymouth Fore River,
Fore River Bridge Construction, Weymouth and Quincy, MA.
(a) Boundaries. The following is a regulated navigation area; all
navigable waters surrounding the Weymouth Fore River (Mile 3.5),
between Weymouth and Quincy, MA; from surface to bottom, within the
following points (NAD 83): from a line extending from
42[deg]14'46.392'' N, 070[deg]58'2.964'' W, thence along a line
120[deg]T to 42[deg]14'44.376'' N, 070[deg]57'52.992'' W, thence south
along the shoreline to 42[deg]14'35.052'' N, 070[deg]57'59.364'' W,
thence along a line 291[deg]T to 42[deg]14'38.58'' N,
070[deg]58'15.348'' W, thence north along the shoreline to the first
point.
(b) Effective Dates and Enforcement Periods. This rule is effective
and enforceable from July 1, 2013 through December 31, 2017. Periods of
enforcement will normally be publicized in advance via Local Notice to
Mariners or Broadcast Notice to Mariners.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.10, 165.11, and
165.13 apply.
(2) In accordance with the general regulations, entry into,
anchoring, or movement within the RNA, during periods of enforcement,
is prohibited unless authorized by the Captain of the Port Boston
(COTP) or the COTP's designated representative.
(3) During periods of enforcement, entry and movement within the
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not
produce more than a minimum wake and may not attain speeds greater than
three knots unless a higher minimum speed is necessary to maintain
steerageway when traveling with a strong current. In no case may the
wake produced by the vessel be such that it creates a danger of injury
to persons, or damage to vessels or structures of any kind.
(4) During periods of enforcement, all persons and vessels must
comply with all orders and directions from the COTP or the COTP's
designated representative.
(5) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator of the vessel must proceed as directed.
(6) Vessel operators desiring to enter or operate within the
regulated area when it is closed shall contact the COTP or the
designated on-scene representative via VHF channel 16 or 617-223-3201
(Sector Boston command Center) to obtain permission.
[[Page 12264]]
(7) Notwithstanding anything contained in this section, the Rules
of the Road (33 CFR part 84--Subchapter E, inland navigational rules)
are still in effect and must be strictly adhered to at all times.
Dated: February 5, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-04030 Filed 2-21-13; 8:45 am]
BILLING CODE 9110-04-P
