76195

Rules and Regulations Federal Register Vol. 78, No. 242

Tuesday, December 17, 2013

This section of the FEDERAL REGISTER Monday through Friday, except Federal Dated: December 2, 2013. contains regulatory documents having general holidays. Gary Kassof, applicability and legal effect, most of which Bridge Program Manager, First Coast Guard FOR FURTHER INFORMATION CONTACT: If are keyed to and codified in the Code of District. Federal Regulations, which is published under you have questions on this temporary [FR Doc. 2013–29856 Filed 12–16–13; 8:45 am] 50 titles pursuant to 44 U.S.C. 1510. deviation, call or email Mr. Joe Arca, Project Officer, First Coast Guard BILLING CODE 9110–04–P The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of District, [email protected], or (212) new books are listed in the first FEDERAL 668–7165. If you have questions on DEPARTMENT OF HOMELAND REGISTER issue of each week. viewing the docket, call Barbara SECURITY Hairston, Program Manager, Docket Operations, telephone 202–366–9826. Coast Guard DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTARY INFORMATION: In the 33 CFR Part 117 closed position the PATH Bridge, mile Coast Guard 3.0, has a vertical clearance of 40 feet at [USCG–2013–0981] mean high water, and 45 feet at mean Drawbridge Operation Regulations; 33 CFR Part 117 low water; Portal Bridge, mile Passaic River, Newark and Harrison, 5.0, has a vertical clearance of 28 feet at NJ [USCG–2013–0982] mean high water, and 23 feet at mean AGENCY: Drawbridge Operation Regulations; low water; NJTRO Upper Hack Bridge, Coast Guard, DHS. , mile 6.9, has a vertical clearance of 8 ACTION: Notice of temporary deviation feet at mean high water, and 13 feet at from regulations. AGENCY: Coast Guard, DHS. mean low water; NJTRO HX Bridge, SUMMARY: The Commander, First Coast ACTION: Notice of temporary deviation mile 7.7, has a vertical clearance of 8 Guard District, has issued a temporary from regulations. feet at mean high water and 13 feet at deviation from the regulation governing mean low water. The existing the operation of the National Railroad SUMMARY: The Commander, First Coast drawbridge operating regulations for Passenger Corporation (AMTRAK) Dock Guard District, has issued a temporary these bridges are found at 33 CFR Railroad Bridge across Passaic River, deviation from the regulations 117.723. governing the operation of the Port mile 5.0, between Newark and Harrison, Authority Trans-Hudson Corporation The bridge owners requested that the New Jersey. This deviation allows the (PATH), National Railroad Passenger bridges not open for marine traffic from AMTRACK , mile 5.0, Corporation (AMTRAK) and New Jersey 10:00 a.m. Saturday, February 1 through across the Passaic River to remain Transit Rail Operation (NJTRO) Railroad 1:00 a.m. Monday, February 3, 2014, to closed during the Super Bowl XLVIII Bridges. This deviation allows the facilitate the expected movement of weekend to facilitate the movement of PATH Bridge, mile 3.0; Amtrak’s Portal more than 150,000 visitors, guests and more than 150,000 visitors, guests and Bridge, mile 5.0; and NJTRO’s Upper area residents to various public events area residents to various public events Hack and HX Bridges, miles 6.9 and 7.7, and activities in the New York and New and activities in New York and New respectively, all across the Hackensack Jersey area during the Super Bowl Jersey. River, NJ to remain closed during the XLVIII weekend. DATES: This deviation is effective from Super Bowl XLVIII weekend to facilitate Hackensack River is transited 10:00 a.m. Saturday, February 1 through the movement of more than 150,000 primarily by commercial navigation. 1:00 a.m. Monday, February 3, 2014. visitors, guests and area residents to Bridge owners reported that there were ADDRESSES: The docket for this various public events and activities in no requests for bridge openings for any deviation, [USCG–2013–0981] is New York and New Jersey. of the bridges for the past three years. available at http://www.regulations.gov. DATES: This deviation is effective from Vessels that can pass under the closed Type the docket number in the 10 a.m. Saturday, February 1, through 1 draws may do so at all times. ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ a.m. Monday, February 3, 2014. Click on Open Docket Folder on the line Under this temporary deviation the associated with this deviation. You may ADDRESSES: The docket for this PATH, Portal, Upper Hack and HX also visit the Docket Management deviation, [USCG–2013–0982] is bridges may remain closed for marine Facility in Room W12–140, on the available at http://www.regulations.gov. traffic from 10:00 a.m. on Saturday, Type the docket number in the ground floor of the Department of February 1 through 1:00 a.m. on ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Transportation West Building, 1200 Monday, February 3, 2014. Click on Open Docket Folder on the line New Jersey Avenue SE., Washington, associated with this deviation. You may In accordance with 33 CFR 117.35(e), DC 20590, between 9 a.m. and 5 p.m., also visit the Docket Management the bridge must return to its regular Monday through Friday, except Federal Facility in Room W12–140, on the operating schedule immediately at the holidays. ground floor of the Department of end of the designated deviation period. FOR FURTHER INFORMATION CONTACT: If Transportation West Building, 1200 This deviation from the operating you have questions on this temporary New Jersey Avenue SE., Washington, regulations is authorized under 33 CFR deviation, call or email Mr. Joe Arca, DC 20590, between 9 a.m. and 5 p.m., 117.35. Project Officer, First Coast Guard

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District, [email protected], or (212) Gulf War and Health, Volume 7: Long- VA provides disability compensation 668–7165. If you have questions on Term Consequences of Traumatic Brain and other benefits for disability viewing the docket, call Barbara Injury, regarding the association resulting from disease or injury that is Hairston, Program Manager, Docket between traumatic brain injury (TBI) ‘‘service connected,’’ meaning that it Operations, telephone 202–366–9826. and five diagnosable illnesses. This arose in service, was aggravated by SUPPLEMENTARY INFORMATION: The amendment establishes that if a veteran service, or otherwise is causally related AMTRAK Dock Bridge has a vertical who has a service-connected TBI also to service. See 38 CFR 3.303. clearance of 24 feet at mean high water, has one of these diagnosable illnesses, ‘‘Secondary service connection’’ refers and 29 feet at mean low water in the then that illness will be considered to the situation in which a service- closed position. The existing service connected as secondary to the connected disease or injury causes or drawbridge operating regulations are TBI. aggravates a distinct condition. In that situation, 38 CFR 3.310(a) provides that found at 33 CFR 117.739(e). DATES: Effective Date: This rule is ‘‘disability which is proximately due to AMTRAK, requested that the Dock effective January 16, 2014. Bridge not open for marine traffic from or the result of a service-connected FOR FURTHER INFORMATION CONTACT: 10:00 a.m. Saturday, February 1 through disease or injury shall be service Michael Ford, Regulatory Specialist, 1:00 a.m. Monday, February 3, 2014, to connected’’ and ‘‘the secondary Veterans Health Administration, facilitate the expected movement of condition shall be considered a part of Department of Veterans Affairs, 810 more than 150,000 visitors, guests and the original condition.’’ Vermont Avenue NW., Washington, DC area residents to various public events Regulations in VA’s Schedule for 20420, (202) 461–6813. (This is not a and activities in the New York and New Rating Disabilities currently recognize toll-free number.) Jersey area during the Super Bowl that TBIs potentially may produce a XLVIII weekend. SUPPLEMENTARY INFORMATION: On variety of cognitive, emotional/ Passaic River is transited primarily by December 10, 2012, VA published in the behavioral, or physical effects, commercial navigation. The bridge Federal Register (77 FR 73366) a including conditions that may be owner reported that there were no proposed rule to amend VA diagnosed as distinct mental or physical requests for bridge openings at the Dock adjudication regulations (38 CFR Part 3) disorders. 38 CFR 4.124a, Diagnostic Bridge for the past three years. Vessels by revising 38 CFR 3.310 to add five Code 8045. However, when a Veteran that can pass under the closed draw diagnosable illnesses as secondary has suffered a TBI in service and also may do so at all times. conditions which would be held to be has been diagnosed with a distinct Under this temporary deviation the the proximate result of service- mental or physical condition, such as Dock Bridge may remain closed for connected TBI. The proposed rule depression or endocrine dysfunction, it marine traffic from 10:00 a.m. on identified those five illnesses as: (1) may not be apparent whether the latter condition was caused by the TBI or Saturday, February 1 through 1:00 a.m. Parkinsonism, including Parkinson’s resulted from some other cause. In such on Monday, February 3, 2014. disease, manifested following moderate In accordance with 33 CFR 117.35(e), or severe TBI; (2) Unprovoked seizures cases, VA ordinarily would seek to obtain a medical opinion on that the bridge must return to its regular manifested following moderate or severe question and would make a operating schedule immediately at the TBI; (3) Dementias (presenile dementia determination taking into account the end of the designated deviation period. of the Alzheimer type and post- medical opinion and all other relevant This deviation from the operating traumatic dementia) if manifest within 15 years following moderate or severe evidence of record. regulations is authorized under 33 CFR In a report titled ‘‘Gulf War and 117.35. TBI; (4) Depression if manifest within 3 years of moderate or severe TBI, or Health, Volume 7: Long-Term Dated: December 2, 2013. within 12 months of mild TBI; and (5) Consequences of Traumatic Brain Gary Kassof, Diseases of hormone deficiency that Injury,’’ the IOM analyzed the available Bridge Program Manager, First Coast Guard result from hypothalamo-pituitary scientific and medical literature District. changes if manifest within 12 months of regarding the long-term consequences of [FR Doc. 2013–29858 Filed 12–16–13; 8:45 am] moderate or severe TBI. We provided a TBI. In that report, IOM identified BILLING CODE 9110–04–P 60-day public-comment period, which certain diagnosable conditions as to ended on February 8, 2013, and which there is relatively strong evidence received 201 public comments. that such conditions are associated with DEPARTMENT OF VETERANS TBI because, for example, reliable AFFAIRS 1. Executive Summary studies show that those conditions occur more frequently in persons who A. Purpose 38 CFR Part 3 have suffered a TBI than in other This final rule amends VA’s populations. After considering the IOM RIN 2900–AN89 regulation concerning determinations of report and obtaining advice from ‘‘secondary service connection’’ by Secondary Service Connection for medical experts and others within VA, identifying circumstances under which Diagnosable Illnesses Associated With the Secretary determined that there is a certain illnesses will, absent clear Traumatic Brain Injury sufficient basis to establish a rule evidence to the contrary, be found to be providing that certain diagnosable AGENCY: Department of Veterans Affairs. the secondary result of a service- illnesses will be found to be the ACTION: Final rule. connected TBI. The effect of the rule secondary result of TBI in certain will be to eliminate the need for case- circumstances, absent clear evidence to SUMMARY: The Department of Veterans specific development and decision on the contrary. Establishing such a rule Affairs (VA) amends its adjudication that issue, thereby promoting efficiency will eliminate the need in individual regulations concerning service and consistency in claim adjudications cases to obtain a medical opinion or connection. This final rule acts upon a and making it easier for qualifying develop other evidence to determine report of the National Academy of claimants to establish service whether the condition is associated with Sciences, Institute of Medicine (IOM), connection for these conditions. a TBI.

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