50998 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

Dated: September 8, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–19763 Filed 9–13–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0732] 

RIN 1625–AA00 

Safety Zone; Explosives arc at Military 

Ocean Terminal Concord, Suisun Bay, 

Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of the Suisun Bay, 

off Concord, CA, in support of explosive 

off and on-loading to Military Ocean 

Terminal Concord (MOTCO). This 

safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from potential explosion 

within the explosive arc. Unauthorized 

persons or vessels are prohibited from 

entering into, transiting through, or 

remaining in the safety zone without the 

permission of the Captain of the Port 

San Francisco or a designated 

representative. 

DATES: This rule is effective without 

actual notice from September 14, 2021 

through 11:59 p.m. September 18, 2021. 

For the purposes of enforcement, actual 

notice will be used from September 13, 

2021 until September 14, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0732 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 Lieutenant Junior Grade William 

Harris, Waterways Management, U.S. 

Coast Guard; telephone (415) 399–7443, 

email SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 

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 (NPRM) 

with respect to this rule because it is 

impractical. The Coast Guard received 

the initial report of larger explosives arc 

on September 8, 2021. It is impractical 

to go through the full notice and 

comment rule making process because 

the Coast Guard must establish this 

temporary safety zone by September 13, 

2021 and lacks sufficient time to 

provide a reasonable comment period 

and to consider those comments before 

issuing the rule. 

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. Delaying the effective date of 

this rule would be contrary to public 

interest because immediate action is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters around the potentially 

hazardous explosive off and on-loading. 

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 San Francisco 

(COTP) has determined that potential 

hazards associated with the explosive 

off and on-loading will exist between 

September 13, 2021 and September 18, 

2021. There will be a safety concern for 

anyone within a 4,500-foot radius of the 

explosive off and on-load. For this 

reason, this temporary safety zone is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters surrounding the 

potentially hazardous off and onloading operations. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone in the navigable waters 

around the explosives off and onloading occurring at MOTCO off 

Concord, CA for a five-day cargo 

operation period conducted between 

September 13, 2021 and September 18, 

2021. The temporary safety zone will 

encompass the navigable waters of 

Suisun Bay, from surface to bottom, 

within a circle formed by connecting all 

points 4,500 feet out from the location 

of the explosive material at approximate 

position 38°3.54′′ N, 122°0.82′′ W or as 

announced via Broadcast Notice to 

Mariners. The projected explosive arc 

presents the need for a 4,500 foot radius, 

which is larger than the safety zone 

already established in 33 CFR 165.1198. 

This regulation is necessary to keep 

persons and vessels away from the 

immediate vicinity of the explosive 

materials during cargo operations, and 

to ensure the safety of personnel, 

vessels, and the marine environment. 

Except for persons or vessels authorized 

by the COTP or the COTP’s designated 

representative, no person or vessel may 

enter or remain in the restricted area. A 

‘‘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 

COTP in the enforcement of the safety 

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. 

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 duration and 

narrowly tailored geographic area of the 

safety zone. Although this rule restricts 

access to the water encompassed by the 

safety zone, the effect of this rule will 

not be significant because the local 

waterways users will be notified to 

ensure the safety zone will result in 

minimum impact. The vessels desiring 

to transit through or around the 

temporary safety zone may do so upon 

express permission from the COTP or 

the COTP’s designated representative. 


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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 50999 

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 

temporary safety zone may be small 

entities, for the reasons stated in section 

V.A. above, this rule 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 

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 

temporary safety zone in the navigable 

waters around the explosives off and onloading occurring at Military Ocean 

Terminal Concord (MOTCO), off 

Concord, CA. 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T11–066 to read as 

follows: 

§ 165.T11–066 Safety Zone; Explosive arc 

at Military Ocean Terminal Concord, Suisun 

Bay, Concord, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Suisun Bay, from surface to bottom, 

within a circle formed by connecting all 

points 4,500 feet out from the location 

of the explosive material at approximate 

position 38°3.54′′ N, 122°0.82′′ W or as 

announced via Broadcast Notice to 

Mariners. 

(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 

designated by or assisting the Captain of 

the Port San Francisco (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 


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51000 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from September 13, 

2021 at 12:01 a.m. until September 18, 

2021 at 11:59 p.m. or as announced via 

marine information broadcast. 

(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 33 CFR 

165.7. 

Dated: September 9, 2021. 

Jordan M. Baldueza, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port, Sector San Francisco. 

[FR Doc. 2021–19901 Filed 9–10–21; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AR22 

Extension of the Presumptive Period 

for Compensation for Persian Gulf War 

Veterans 

AGENCY: Department of Veterans Affairs. 

ACTION: Interim Final Rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is issuing this interim final 

rule to amend its adjudication 

regulations regarding compensation for 

disabilities resulting from undiagnosed 

illnesses suffered by Veterans who 

served in the Persian Gulf War. This 

amendment is necessary to extend the 

presumptive period for qualifying 

chronic disabilities resulting from 

undiagnosed illnesses that must 

manifest to a compensable degree in 

order to establish entitlement to 

disability compensation benefits. The 

intended effect of this amendment is to 

provide consistency in VA adjudication 

policy, preserve certain rights afforded 

to Persian Gulf War Veterans and ensure 

fairness for current and future Persian 

Gulf War Veterans. 

DATES: 

Effective date: This interim final rule 

is effective September 14, 2021. 

Applicability date: The provisions of 

this interim final rule shall apply to all 

applications for benefits that are 

received by VA on or after the effective 

date of this interim final rule or that are 

pending before VA, the United States 

Court of Appeals for Veterans Claims, or 

the United States Court of Appeals for 

the Federal Circuit on the effective date 

of this interim final rule. 

Comments due date: Comments must 

be received on or before October 14, 

2021. 

ADDRESSES: Comments may be 

submitted through 

www.Regulations.gov. Comments 

should indicate that they are submitted 

in response to ‘‘RIN 2900–AR22— 

Extension of the Presumptive Period for 

Compensation for Persian Gulf War 

Veterans.’’ Comments received will be 

available at www.regulations.gov for 

public viewing, inspection or copies. 

FOR FURTHER INFORMATION CONTACT: 

Robert Parks, Chief, Regulations Staff 

(211D), Compensation Service, Veterans 

Benefits Administration, 810 Vermont 

Avenue NW, Washington, DC 20420, 

(202) 461–9540. (This is not a toll-free 

telephone number.) 

SUPPLEMENTARY INFORMATION: 

I. Background 

In response to the needs and concerns 

of Veterans who served in the 

Southwest Asia theater of operations 

during the Persian Gulf War, Congress 

enacted the Persian Gulf War Veterans’ 

Benefits Act, Title I of the Veterans’ 

Benefits Improvement Act of 1994, 

Public Law 103–446, which was 

codified in relevant part at 38 U.S.C. 

1117. This law provided authority for 

the Secretary of Veterans Affairs 

(Secretary) to compensate eligible 

Persian Gulf War Veterans with a 

chronic disability resulting from an 

undiagnosed illness. That illness must 

have become manifest either during 

active duty service in the Southwest 

Asia theater of operations during the 

Persian Gulf War, or disabling to a 

degree of 10 percent or more during a 

period determined by the Secretary and 

prescribed by regulation. The Secretary 

would determine this period after 

reviewing any credible medical or 

scientific evidence, the historical 

treatment afforded disabilities for which 

VA had established such periods, and 

other pertinent circumstances regarding 

the experiences of Veterans of the 

Persian Gulf War. 

As required by Public Law 105–368, 

the National Academy of Sciences 

(NAS) reviewed, evaluated, and 

summarized the scientific and medical 

literature for possible association 

between service in the Southwest Asia 

theater of operations and long-term 

adverse health effects. Following review 

of NAS reports on Gulf War and Health, 

volumes 9, 10, and 11, VA concludes 

that the evidence remains inconclusive 

regarding the time of onset of 

undiagnosed and other illnesses related 

to Persian Gulf War service. (NAS 

reports are available at http://

nationalacademies.org) 

II. Extension of Current Deadline 

Currently, military operations in the 

Southwest Asia theater of operations 

continue. No end date for the Persian 

Gulf War has been established by 

Congress or the President. See 38 U.S.C. 

101(33) (defining the term ‘‘Persian Gulf 

War’’). Because scientific uncertainty 

remains as to the cause and time of 

onset of illnesses suffered by Persian 

Gulf War Veterans and current research 

studies are inconclusive, limiting 

entitlement to benefits payable under 38 

U.S.C. 1117 due to the expiration of the 

presumptive period in 38 CFR 

3.317(a)(1)(i) would be premature. If 

extension of the current presumptive 

period is not implemented, 

servicemembers whose conditions 

manifest after December 31, 2021, 

would be substantially disadvantaged 

compared to servicemembers whose 

conditions manifested at an earlier date. 

Therefore, VA is extending the 

presumptive period in 38 CFR 

3.317(a)(1)(i) for qualifying chronic 

disabilities that become manifest to a 

degree of 10 percent or more through 

December 31, 2026 (a period of five 

years), to ensure those benefits 

established by Congress are fairly 

administered. 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

finds that there is good cause under the 

provisions of 5 U.S.C. 553(b)(B) and 

(d)(3) to publish this rule without prior 

opportunity for public comment and to 

publish this rule with an immediate 

effective date. Absent extension of the 

sunset date in the current regulation, 

VA’s authority to provide benefits in 

new claims for qualifying chronic 

disability in Persian Gulf War Veterans 

will lapse on December 31, 2021. A 

lapse of such authority would be 

contrary to the public interest because it 

would have a significant adverse impact 

on veterans disabled due to such 

disabilities. To avoid such impact, VA 

is issuing this rule as an interim final 

rule, effective upon date of publication. 

However, VA invites public comments 

on this interim final rule and will fully 

consider and address any comments 

received. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 


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