Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations 32215 

§ 45.15 Other claims procedures and 

administrative matters. 

(a) Payment of damages. In the event 

damages are awarded, the claimant or 

the claimant’s estate is entitled to 

payment of those damages. 

(b) Communication through counsel. 

If the claimant is represented by 

counsel, all communications will be 

through the claimant’s counsel. 

(c) Remedies for filing false claims or 

making false statements. Remedies 

available to the United States for filing 

false claims with Federal agencies or 

making false statements to Federal 

agencies and officials are applicable to 

claims and statements made in 

connection with claims under this part. 

Applicable authorities include 31 U.S.C. 

3729 and 18 U.S.C. 1001. False claims 

and claims supported by false 

statements will be denied. 

(d) Reports to the Defense Health 

Agency. As provided in section 

2733a(e), not later than 30 calendar days 

after a Final Determination of medical 

malpractice or the payment of all or a 

portion of a claim under this part, a 

report documenting that determination 

is sent to the Director, Defense Health 

Agency to be used for all necessary and 

appropriate purposes, including those 

actions undertaken as part of DoD’s 

Clinical Quality Management Program. 

(e) Monitoring claims adjudications 

under this part. The General Counsel of 

the Defense Health Agency will monitor 

the performance of the claims 

adjudications structures and procedures 

under this part, including accounting 

for the number of claims processed 

under this part and the resolution of 

each claim and identifying means to 

enhance the effectiveness of the claims 

adjudication process. 

(f) Authority for actions under this 

part. To ensure consistency and 

compliance with statutory requirements, 

supplementation of the procedures in 

this part is not permitted without 

approval in writing by the General 

Counsel of the Department of Defense. 

The General Counsel of the Department 

of Defense, under DoD Directive 

5145.01, ‘‘General Counsel of the 

Department of Defense,’’ may delegate 

in writing authority for making Initial 

and Final Determinations, and other 

actions by DoD officials under this part. 

As used in this part, and at DoD’s 

discretion, ‘‘DoD’’ may include, but is 

not limited to, Military Departments. 

Dated: June 14, 2021. 

Patricia L. Toppings, 

OSD Federal Register Liaison, Department of 

Defense. 

[FR Doc. 2021–12815 Filed 6–16–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0390] 

Safety Zones; Annual Event in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in Federal 

regulations for a recurring marine event. 

This action is necessary and intended 

for the safety of life and property on 

navigable waters during these events. 

During each enforcement period, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo. 

DATES: The regulations in 33 CFR 

165.939, Table 165.939, entry (a)(1), will 

be enforced from 9:45 p.m. to 11:15 p.m. 

on June 18, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LCDR William Fitzgerald, Chief of 

Waterways Management, U.S. Coast 

Guard Marine Safety Unit Cleveland; 

telephone 216–937–0124, email 

william.j.fitzgerald@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939, 

Table 165.939, entry (a)(1), in 

Vermillion, OH, on all U.S. waters 

within a 420 foot radius of the fireworks 

launch site located at position 41°25′45′′ 

N and 082°21′54′′ W, (NAD 83) for the 

Festival of the Fish. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or a designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notification of enforcement is 

issued under authority of 33 CFR 

165.939 and 5 U.S.C. 552(a). In addition 

to this notification of enforcement in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via Broadcast Notice to Mariners 

or Local Notice to Mariners. If the 

Captain of the Port Buffalo determines 

that the safety zone need not be 

enforced for the full duration stated in 

this notification she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

respective safety zone. 

Lexia M. Littlejohn, 

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

Port Buffalo. 

[FR Doc. 2021–12840 Filed 6–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0383] 

RIN 1625–AA00 

Safety Zone; M/V ZHEN HUA 26 

Transit; Everport Container Terminal, 

San Pedro, California 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing a temporary moving safety 

zone around the M/V ZHEN HUA 26 

while it transits through the navigation 

channel during its transit to Everport 

Container Terminal, Berth 227, in San 

Pedro, California. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from 

hazards associated with the arms of 

three ship-to-shore gantry cranes which 

will extend more than 200 feet out from 

the transiting vessel when the arms are 

lowered, and from the vessel’s stability 

condition due to an air draft greater than 

300 feet when the cranes are in the up 

position. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port Los AngelesLong Beach or a designated 

representative. 

DATES: This rule is effective without 

actual notice from June 17, 2021, 

through 11:59 p.m. on June 21, 2021. 

For the purposes of enforcement, actual 

notice will be from 12:01 a.m. on June 

11, 2021, until June 17, 2021. 


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32216 Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2021– 

0383 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email LCDR Maria 

Wiener, U.S. Coast Guard Sector Los 

Angeles-Long Beach; telephone (310) 

357–1603, email maria.c.wiener@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking with 

respect to this rule because it is 

impracticable. The Coast Guard received 

notification and details of the transit on 

May 15, 2021, and therefore lacks 

sufficient time to provide a reasonable 

comment period and respond to 

comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. It is contrary to the public 

interest to delay the effective date of this 

rule because the safety zone must be 

effective by June 11, 2021 to protect 

vessels and persons during the 

upcoming transit. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Los Angeles-Long 

Beach has determined that potential 

hazards associated with the transit of 

the M/V ZHEN HUA 26 between June 

11, 2021 through June 21, 2021, will be 

a safety concern for anyone within a 

500-foot radius of the vessel during its 

transit to Everport Container Terminal, 

Berth 227, while the vessel is within the 

Port of Los Angeles-Long Beach and the 

waters inside the Federal breakwaters 

bounding San Pedro Bay or on the 

waters within three nautical miles 

seaward of the Federal breakwaters, 

respectively. The effect of the safety 

zone is to restrict navigation in the 

vicinity of the M/V ZHEN HUA 26. For 

this reason, a safety zone is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters around the M/V ZHEN HUA 26 

during its transit to Berth 227 at the 

Everport Container Terminal in San 

Pedro, CA. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 12:01 a.m. on June 11, 

2021 through 11:59 p.m. on June 21, 

2021 during the transit of the M/V ZEN 

HUA 26. While the M/V ZHEN HUA 26 

is within the Port of Los Angeles-Long 

Beach and the waters inside the Federal 

breakwaters bounding San Pedro Bay or 

on the waters within three nautical 

miles seaward of the Federal 

breakwaters, respectively, the safety 

zone will encompass the navigable 

waters around and under the vessel, 

form surface to bottom, within a circle 

formed by connecting all points 500 feet 

out from the vessel. The safety zone is 

needed to protect personnel, mariners, 

and vessels from hazards associated 

with ship-to shore gantry crane arms 

which will extend more than 200 feet 

out from the transiting vessel. 

Vessel traffic will be able to safely 

transit around the M/V ZHEN HUA 26 

and the safety zone. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule allows 

vessels to seek permission to enter the 

zone. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the limited duration and 

narrowly tailored geographic area of the 

safety zone. This safety zone impacts a 

500-foot-radius area of the Port of Los 

Angeles-Long Beach and the waters 

inside the Federal breakwaters 

bounding San Pedro Bay or on the 

waters within three nautical miles 

seaward of the Federal breakwaters, 

respectively for a limited duration. 

While the safety zone encompasses a 

eleven-day period to account for 

uncertain transit delays of the M/V 

ZHEN HUA 26, the safety zone will only 

be enforced for the duration of the 

vessel’s inbound transit, which is 

expected to last less than 24 hours, and 

that period will be announced via 

Broadcast Notice to Mariners. Vessels 

desiring to transit through the safety 

zone may do so upon express 

permission from the COTP or the 

COTP’s designated representative. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 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 rule. 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 the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 


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Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations 32217 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under E.O. 13132, Federalism, if it has 

a substantial direct effect on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this rule under that order and have 

determined that it is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 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. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f) and 

have determined 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 

establishment of a temporary safety 

zone, limited in duration and size. This 

rule is categorically excluded from 

further review under paragraph L60(a) 

of Section L of the Department of 

Homeland Security Instruction Manual 

023–01–001–01 (series). A Record of 

Environmental Consideration (REC) 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

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. 

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: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T11–056 to read as 

follows: 

§ 165.T11–056 Safety Zone; Los Angeles 

Ship-to-Shore Crane Arrival, Los AngelesLong Beach, CA. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

port of Los Angeles-Long Beach, from 

surface to bottom, within a circle 

formed by connecting all points 500 feet 

out from the vessel, M/V ZHEN HUA 

26, during the vessel’s transit within the 

Port of Los Angeles-Long Beach and the 

waters inside the Federal breakwaters 

bounding San Pedro Bay or on the 

waters within three nautical miles 

seaward of the Federal breakwaters, 

respectively. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port Los Angeles-Long Beach 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (310) 521–3801. 

(d) Enforcement period. This section 

will be enforced from 12:01 a.m. on June 

11, 2021 through 11:59 p.m. on June 21, 

2021, during the inbound and outbound 

transit of the M/V ZHEN HUA 26 or as 

announced via Broadcast Notice to 

Mariners. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with § 165.7. 

Dated: June 10, 2021. 

R.E. Ore, 

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

Port, Los Angeles Long Beach. 

[FR Doc. 2021–12760 Filed 6–16–21; 8:45 am] 

BILLING CODE 9110–04–P 


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