Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations 43089 

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 

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 a 

special local regulation that will 

prohibit persons and vessels from 

entering, transiting through, anchoring 

in, or remaining within a limited area 

on the navigable water on a portion of 

the Delaware Bay in Lower Township, 

NJ, during a swimmimg competition 

lasting approximately three and one half 

hours. It is categorically excluded from 

further review under paragraph L60(a) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration 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 call or email 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 100 

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 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

■ 2. Add § 100.T05–0146 to read as 

follows: 

§ 100.T05–0146; Special Local Regulation; 

Delaware Bay, Lower Township, NJ. 

(a) Location. The following location is 

a regulated area. All navigable waters of 

the Delaware Bay in Lower Township, 

NJ, bounded by a line drawn from: 

Latitude 39°0′57′′ N, longitude 

074°56′56′′ W in Villas, NJ, thence west 

to latitude 39°00′59′′ N, longitude 

074°57′15′′ W, thence south to latitude 

38°58′08′′ N, longitude 074°58′11′′ W, 

thence east to latitude 38°58′04′′ N, 

longitude 074°57′54′′ W in North Cape 

May, NJ, thence north along the 

shoreline to the point of origin. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Delaware Bay in the 

enforcement of the regulated area. 

(c) Regulations. (1) The COTP 

Delaware Bay or a designated 

representative may forbid and control 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Delaware Bay or a designated 

representative may terminate the event, 

or a participant’s operations at any time 

the COTP Delaware Bay or designated 

representative believes it necessary to 

do so for the protection of life or 

property. 

(2) To seek permission to enter or 

remain in the regulated area, contact the 

COTP or the COTP’s representative via 

VHF–FM channel 16 or 215–271–4807. 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(3) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the regulated area by 

Federal, State, and local agencies. 

(e) Enforcement period. This zone 

will be enforced from 6:30 a.m. through 

9:30 a.m. on August 29, 2021. 

Dated: August 3, 2021. 

Jonathan D. Theel, 

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

Port Delaware Bay. 

[FR Doc. 2021–16813 Filed 8–5–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0120] 

RIN 1625–AA87 

Security Zones; Sabine Pass Channel, 

Cameron, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent security zone 

within a new mooring basin at the 

Sabine Pass LNG facility in Cameron, 

LA. This rule prohibits persons and 

vessels from entering the security zone 

unless authorized by the Captain of the 

Port, Port Arthur or a designated 

representative. Additionally, the Coast 

Guard is improving the language 

describing the area and correcting a 

geographical error. 

DATES: This rule is effective September 

7, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0120 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Scott Whalen, Marine Safety 

Unit Port Arthur, U.S. Coast Guard; 

telephone 409–719–5080, email 

scott.k.whalen@uscg.mil. 

SUPPLEMENTARY INFORMATION: 


jbell on DSKJLSW7X2PROD with RULES
43090 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port, Port Arthur 

DHS Department of Homeland Security 

FR Federal Register 

LNG Liquified Natural Gas 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 26, 2010 the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) prosposing to, 

among other things, establish a security 

zone for the Sabine Pass LNG mooring 

basin located in Cameron Parish, LA 

while LNG carriers are moored at the 

facility (75 FR 29695). On October 22, 

2010 the Coast Guard issued an interim 

rule for the proposed security zone (75 

FR 65235). On January 11, 2011 the 

Coast Guard published a final rule for 

the security zone (76 FR 1521). 

Sabine Pass LNG is constructing a 

second mooring basin adjacent to the 

first and the COTP has determined that 

enhanced security measures are 

necessary and requires extending the 

existing security zone to include the 

new mooring basin. Therefore, the Coast 

Guard published a NPRM titled Security 

Zones; Sabine Pass Channel, Cameron, 

LA on June 14, 2021 (86 FR 31459). 

There we stated why we issued the 

NPRM, and invited comments on our 

proposed regulatory action related to 

this marine event. During the comment 

period that ended July 14, 2021, we 

received one comment pointing out a 

spelling error and advising of the need 

to include the horizontal datum 

reference in the rule. 

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 (COTP) has 

determined that enhanced security 

measures are necessary and is extending 

the existing security zone to include the 

new mooring basin. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published June 

14, 2021 that requested we explicitly 

state the horizontal datum alongside the 

coordinates provided for each zone and 

correct a spelling error for ‘‘shoreward’’. 

The Coast Guard corrected the spelling 

error and added the horizontal datum 

used for geographic reference. The Coast 

Guard also changed the language used 

to describe the georgraphic coordinates 

of the existing security zone for clarity 

and corrected an error in one of the 

positions. There are no other substantial 

changes to the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This rule establishes a permanent 

security zone in a new mooring basin at 

Sabine Pass LNG located in Cameron, 

LA. The security zone regulations are 

the same as those in effect for the 

existing mooring basin, that is, it would 

exclude certain vessels from entering 

the basin whenever an LNG carrier is 

moored at the facility. No vessel or 

person is permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

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. 

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). 

This regulatory action determination 

is based on the limited size of the 

security zone and that the affected area 

does not hinder or delay regular vessel 

traffic. Certain vessels with business in 

the mooring basin will be permitted to 

enter the security zone. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

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 Executive Order 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 Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 


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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations 43091 

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 

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 

regulations establishing a security zone 

that would prohibit entry whenever an 

LNG carrier is moored at the facility. It 

is categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

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 call or email 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. Amend § 165.819 by revising 

paragraph (a)(1)(ii) to read as follows: 

§ 165.819 Security Zone; Sabine Bank 

Channel, Sabine Pass Channel and SabineNeches Waterway, TX. 

(a) * * * 

(1) * * * 

(ii) Sabine Pass LNG, Cameron Parish, 

LA: (A) All mooring basin waters 

shoreward of a line connecting the 

following points—beginning at the 

shoreline in position 29°44′34.7′′ N, 

093°52′29′′ W; then to a point at 

29°44′31.4′′ N, 093°52′26.4′′ W; then to 

a point at 29°44′25.2′′ N, 093°52′14.6′′ 

W; then to the shoreline at 29°44′24.4′′ 

N, 093°52′11.4′′ W (WGS84). 

(B) All mooring basin waters 

shoreward of a line connecting the 

following points—beginning at the 

shoreline in position 29°44′23.4′′ N, 

093°52′10.3′′ W; then to a point at 

29°44′22.3′′ N, 093°52′9.8′′ W; then to a 

point at 29°44′18′′ N, 093°52′3.6′′ W; 

then to the shoreline at 29°44′17.4′′ N, 

093°52′2.3′′ W (WGS84). 

Dated: July 30, 2021. 

Molly A. Wike, 

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

Port, Marine Safety Unit Port Arthur. 

[FR Doc. 2021–16615 Filed 8–5–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0610] 

Safety Zone; Recurring Events in 

Captain of the Port Duluth—Bridgefest 

Regatta Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Bridgefest Regatta 

Fireworks in Houghton, MI from 9:15 

p.m. through 9:45 p.m. on September 4, 

2021. This action is necessary to protect 

participants and spectators during the 

Bridgefest Regatta Fireworks. During the 

enforcement period, entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Duluth or their designated on-scene 

representative. 

DATES: The regulations in 33 CFR 

165.943(b) will be enforced from 9:15 

p.m. through 9:45 p.m. on September 

04, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LTJG Joseph 

R. McGinnis, telephone 218–725–3818, 

email DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.943(a)(1) for the Bridgefest 

Regatta Fireworks on all waters of the 

Keweenaw Waterway bounded by the 

arc of a circle with a 100-yard radius 

from the fireworks launch site with its 

center in approximate position 

47°07′28′′ N, 088°35′02′′ W from 09:15 

p.m. through 09:45 p.m.on September 

04, 2021. This action is necessary to 

protect participants and spectators 

during the Bridgefest Regatta Fireworks. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or their designated on-scene 

representative. The Captain of the Port’s 

designated on-scene representative may 

be contacted via VHF Channel 16. 

This document is issued under 

authority of 33 CFR 165.943 and 5 

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

publication in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement of this safety zone via 

Broadcast Notice to Mariners. The 

Captain of the Port Duluth or their onscene representative may be contacted 

via VHF Channel 16. 

Dated: July 29, 2021 

F.M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2021–16617 Filed 8–5–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 38 and 39 

RIN 2900–AQ28 

Government-Furnished Headstones, 

Markers, and Medallions; Unmarked 

Graves 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its regulations 


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