47384 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

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 safety 

zone lasting one hour that will prohibit 

entry on the Monongahela River from 

mile 5.8 to mile 6.3, during the firework 

event. It is categorically excluded from 

further review under paragraph L60(A) 

in Table 3–1 of U.S. Coast Guard 

Environmental Planning Implementing 

Procedures 5090.1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T08–0638 to read as 

follows: 

§ 165.T08–0638 Safety Zone; Monongahela 

River, Miles 5.8–6.3, Pittsburgh, PA 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters of the Monongahela River from 

Mile 5.8 to Mile 6.3. 

(b) Effective period. This section is 

effective from 10:30 p.m. through 11:30 

p.m. on September 10, 2021. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

of persons and vessels into this zone is 

prohibited unless authorized by the 

Captain of the Port Marine Safety Unit 

Pittsburgh (COTP) or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the COTP or a 

designated representative. The COTP’s 

representative may be contacted at 412– 

221–0807. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or a designated representative. 

Designated COTP representatives 

include United States Coast Guard 

commissioned, warrant, and petty 

officer. 

(d) Information broadcasts. The 

Captain COTP or a designated 

representative will inform the public 

through Local Notice to Mariners 

(LNMs), Broadcast Notices to Mariners 

(BNMs), and/or Marine Safety 

Information Bulletins (MSIBs), as 

appropriate. 

Dated: August 19, 2021. 

Eric J. Velez, 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2021–18305 Filed 8–24–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0414] 

RIN 1625–AA00 

Safety Zone; M/V ZHEN HUA 24, Crane 

Delivery Operation, Chesapeake Bay 

and Patapsco River, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Chesapeake Bay 

and Patapsco River. This action is 

necessary to provide for the safety of life 

on these navigable waters during the 

movement of the M/V ZHEN HUA 24 

while it is transporting four new SuperPost Panamax container cranes to the 

Port of Baltimore. M/V ZHEN HUA 24 

is anticipated to arrive between August 

26, 2021 and September 15, 2021. This 

rulemaking will prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Maryland-National Capital Region 

or a designated representative. 

DATES: This rule is effective from 

August 26, 2021, to September 15, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0414 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 MST3 Melissa Kelly, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

(410) 576–2596, Melissa.C.Kelly@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On June 28, 2021, Ports America 

Chesapeake, LLC notified the Coast 

Guard that the M/V ZHEN HUA 24 will 

be transporting four new Super-Post 

Panamax container cranes to the Port of 


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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 47385 

Baltimore. The vessel transit is taking 

place from Shanghai, China. The M/V 

ZHEN HUA 24 is anticipated to arrive 

between August 26, 2021, and 

September 15, 2021. The current 

estimated arrival date is September 2, 

2021, but is subject to change. These 

cranes will be delivered to, and 

installed at, the Seagirt Marine Terminal 

at Baltimore, MD. Prior to transiting to 

Baltimore, MD, the vessel will arrive in 

the Chesapeake Bay near Annapolis, 

MD, to anchor and conduct appropriate 

cargo configuration for transit. In 

response, on July 27, 2021, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

M/V ZHEN HUA 24, Crane Delivery 

Operation, Chesapeake Bay and 

Patapsco River, Baltimore, MD. There, 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

scheduled transit. During the comment 

period that ended August 11, 2021, we 

received no 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 impracticable and 

contrary to the public interest to delay 

the effective date of this rule, because 

the safety zone must be effective by 

August 26, 2021, to protect vessels and 

persons from the dangers associated 

with the crane arms extending over the 

water from the M/V ZHEN HUA 24 as 

it transits a busy waterway. 

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 Maryland-National 

Capital Region (COTP) has determined 

that potential hazards associated with 

the crane delivery operation will be a 

safety concern for any vessel required to 

transit the navigation channels in the 

Chesapeake Bay and the Patapsco River 

that will meet, pass, or overtake the M/ 

V ZHEN HUA 24. These hazards 

include the maximum height of the 

cranes aboard the vessel and the beam 

width of these cranes, which will 

severely restrict the M/V ZHEN HUA 

24’s ability to maneuver and create a 

hazard to navigation if required to meet 

or pass other large vessels transiting the 

navigation channels. The purpose of 

this rule is to protect personnel, vessels, 

and the marine environment in the 

navigable waters around the M/V ZHEN 

HUA 24 during its transit to the Seagirt 

Marine Terminal in Baltimore, MD. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published July 

27, 2021. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

during the inbound transit of the M/V 

ZHEN HUA 24. The M/V ZHEN HUA 24 

is currently anticipated to arrive in 

Baltimore between August 26, 2021, and 

September 15, 2021. The current 

estimated arrival date is September 2, 

2021, but is subject to change. Inbound 

transit is expected to last approximately 

7 hours. 

The safety zone covers all navigable 

waters of the Chesapeake Bay and 

Patapsco River within 500 feet of the M/ 

V ZHEN HUA 24 while it is transiting 

between Chesapeake Channel Lighted 

Buoy 90 (LLNR 7825) in position 

38°58′18.53′′ N, 076°23′18.96′′ W, and 

the Seagirt Marine Terminal in position 

39°15′02.43′′ N, 076°32′20.50′′ W, 

Baltimore, MD. The duration of the zone 

is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after the scheduled 

crane delivery operation. No vessel or 

person will be 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 size and duration of the 

safety zone, which will impact only 

vessel traffic required to transit certain 

navigation channels of the Chesapeake 

Bay and the Patapsco River for a total 

of no more than 7 enforcement-hours. 

Although these waterways support both 

commercial and recreational vessel 

traffic, the downriver portions of the 

waterway will be reopened as the M/V 

ZHEN HUA 24 transits northward in the 

Chesapeake Bay and up the Patapsco 

River. Moreover, the Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

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 


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47386 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

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 

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 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 rule involves a safety 

zone lasting 7 enforcement hours that 

would prohibit entry within certain 

navigable waters of the Chesapeake Bay 

and Patapsco River. Normally such 

actions are 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 is amending 

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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T05–0414 to read as 

follows: 

§ 165.T05–0414 Safety Zone; M/V ZHEN 

HUA 24, Crane Delivery Operation, 

Chesapeake Bay and Patapsco River, 

Baltimore, MD. 

(a) Location. The following area is a 

safety zone: All waters of the 

Chesapeake Bay and Patapsco River, 

within 500 feet of the M/V ZHEN HUA 

24 while it is transiting between 

Chesapeake Channel Lighted Buoy 90 

(LLNR 7825) in position 38°58′18.53′′ N, 

076°23′18.96′′ W, and the Seagirt Marine 

Terminal in position 39°15′02.43′′ N, 

076°32′20.50′′ W, Baltimore, MD. These 

coordinates are based on WGS 84. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port MarylandNational Capital Region (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) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone at 410–576– 

2693 or on Marine Band Radio VHF–FM 

channel 16 (156.8 MHz). Those in the 

safety zone must comply with all lawful 

orders or directions given to them by the 

COTP or the COTP’s designated 

representative. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from August 26, 2021, 

to September 15, 2021, during inbound 

transit of the M/V ZHEN HUA 24 to the 

Port of Baltimore. 

Dated: August 18, 2021. 

David E. O’Connell, 

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

Port Sector Maryland-NCR. 

[FR Doc. 2021–18151 Filed 8–24–21; 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; correction. 

SUMMARY: On August 6, 2021, the 

Department of Veterans Affairs (VA) 

published in the Federal Register a final 

rule that amended regulations regarding 

the provision of Government-furnished 

headstones, markers, and medallions to 

eligible individuals. This correction 

addresses minor technical errors in the 

published final rule and revises the 

amendatory text to correct a section 

reference. 

DATES: This correction is effective 

September 7, 2021. 

FOR FURTHER INFORMATION CONTACT: Jane 

Kang, Director, Legislative and 

Regulatory Service, National Cemetery 

Administration (42E), Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 461– 

6216 (this is not a toll-free telephone 

number). 

SUPPLEMENTARY INFORMATION: VA is 

correcting its final rule 2900–AQ28, 


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