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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations 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. 35013520.
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.

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E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 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 02301, 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. 43214370f, 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 for navigable waters within a 500yard radius around the ZIM KINGSTON
between 10 a.m. November 24, 2021

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through 9 a.m. December 6, 2021. The safety zone is needed to protect personnel, vessels, and the marine environment from the potential hazards associated with the vessel transit. It is categorically excluded from further review under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 0230100101, Rev. 1.

Dated: November 24, 2021.
C.R. Cederholm, Captain, U.S. Coast Guard, Acting, Captain of the Port Puget Sound.

G. Protest Activities
FR Doc. 202126157 Filed 12121; 8:45 am
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.

BILLING CODE 911004P

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 165REGULATED 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
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 0170.1.

2. Add 165.T130891 to read as follows:

165.T130891 Safety Zone; Haro Strait, San Juan County, WA.

a Location. The following area is a moving safety zone: All navigable waters within a 500-yard radius around the ZIM KINGSTON.
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 and a Federal, State, and local officer designated by or assisting the Captain of the Port Puget Sound 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 COTPs designated representative.
2 To seek permission to enter, contact the COTP or the COTPs representative by VHF Channel 16.
Those in the safety zone must comply with all lawful orders or directions
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given to them by the COTP or the COTPs designated representative.
d Enforcement period. This rule will be enforced from 10 a.m. November 24, 2021, through 9 a.m. December 6, 2021.

DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900AR40

Awards Under the Nehmer Court Orders for Disability or Death Caused by a Condition Presumptively Associated With Herbicide Exposure;
Implementing Court Order.
Department of Veterans Affairs.
Final rule.

AGENCY:
ACTION:

The Department of Veterans Affairs VA is issuing this final rule to amend its regulation regarding the process for identifying and paying appropriate payees entitled to retroactive benefits. This amendment is necessary to implement a federal district court order directing the VA to remove certain regulatory text concerning subsequent release of compensation to a payee when the full amount of unpaid benefits has previously been released.
DATES:
Effective date: This final rule is effective December 2, 2021.
Applicability date: The provisions of this final rule shall apply to circumstances in which VA has received information about a newly identified and eligible payee hereafter new payee who has yet to receive the Nehmer-related benefits to which the new payee is entitled.
FOR FURTHER INFORMATION CONTACT:
Christopher O. Adeloye, Staff Attorney, Benefits Law Group, Office of General Counsel 022, 810 Vermont Avenue NW, Washington, DC 20420, 202 461
7662. This is not a toll-free telephone number.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background and Basis for Revision of Regulation In 1991, as part of the Nehmer litigation Nehmer v. U.S. Department of Veterans Affairs, 712 F.Supp. 1404
N.D. Cal. May 3, 1989 before the U.S.
District Court for the Northern District of California, the parties entered into a
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