Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 34961 

regulation is not necessary because the 

event is cancelled. 

DATES: The Coast Guard does not plan 

to enforce regulations in 33 CFR 

165.1330 from July 1, 2021 through 

August 31, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of non-enforcement, call or 

email Robert A.K. Nakama, U.S. Coast 

Guard Sector Puget Sound Waterways 

Management Division; telephone 206– 

217–6089, email Robert.Nakama@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard normally enforces the safety zone 

in 33 CFR 165.1330 for the Fleet Week 

Maritime Festival on waters adjacent to 

Pier 66 in Elliott Bay, Seattle, WA. This 

event is held annually during the parade 

of ships on the last week of July or first 

week of August. This year, the event 

organizers cancelled Fleet Week. 

Therefore, the Coast Guard does not 

plan to enforce the safety zone in 33 

CFR 165.1330, for July or August 2021. 

In addition to this notification of nonenforcement in the Federal Register, if 

the situation changes and the Captain of 

the Port Sector Puget Sound (COTP) 

determines that the regulated area needs 

to be enforced, the COTP will issue a 

Broadcast Notice to Mariners and 

provide actual notice of enforcement to 

any persons in the regulated area. 

Dated: June 21, 2021. 

P.M. Hilbert, 

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

Port, Sector Puget Sound. 

[FR Doc. 2021–13723 Filed 6–30–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0438] 

RIN 1625–AA00 

Safety Zone; Ohio River, New 

Richmond 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is The Coast 

Guard is establishing a temporary safety 

zone for all navigable waters of the Ohio 

River, extending the entire width of the 

river, at mile marker (MM) 450.0. This 

safety zone is necessary to provide for 

the safety of life on these navigable 

waters near New Richmond, Ohio 

during the New Richmond Fireworks. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Ohio Valley. 

DATES: This rule is effective on July 4, 

2021 from 10 p.m. through 10:30 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0438 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 on this rule, call or 

email Petty Officer Matthew Roberts, 

Marine Safety Detachment Cincinnati, 

U.S. Coast Guard; telephone 513–921– 

9033, email matthew.d.roberts@

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 

impracticable. We must establish this 

regulation by July 4, 2021 and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing this 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 impracticable and 

contrary to the public interest because 

immediate action is necessary to protect 

persons and property from the dangers 

associated with the event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the New 

Richmond Fireworks, occurring on July 

4, 2021 from 10 p.m. through 10:30 

p.m., will be a safety concern for all 

navigable waters on the Ohio River, 

extending the entire width of the river, 

at mile marker (MM) 450.0. The purpose 

of this rule is to ensure the safety of life 

and vessels on these navigable waters 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

July 4, 2021 from 10 p.m. through 10:30 

p.m. on all navigable waters of the Ohio 

River, extending the entire width of the 

river, at MM 450.0. Transit into and 

through this area is prohibited during 

periods of enforcement on these dates 

and times. The periods of enforcement 

will be prior to, during, and 30 minutes 

after any vessel movement and during 

the fireworks display. The Coast Guard 

was informed that the operations will 

take place from 10 p.m. through 10:30 

p.m. Enforcement of the regulated area 

will occur during the fireworks display. 

The duration of the safety zone is 

intended to ensure the safety of life and 

vessels on these navigable waters before, 

during, and after the scheduled event. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of Sector Ohio 

Valley. They may be contacted on VHF– 

FM Channel 16 or by telephone at 

1–800–253–7465. Persons and vessels 

permitted to enter this regulated area 

must transit at their slowest safe speed 

and comply with all lawful directions 

issued by the COTP or the 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 


khammond on DSKJM1Z7X2PROD with RULES
34962 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 

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, location, duration, 

and time-of-day of the safety zone. This 

safety zone will be in place at Mile 

Marker 450 Ohio River on July 4, 2021 

from 10 p.m. through 10:30 p.m. The 

Coast Guard will issue written Local 

Notice to Mariners and Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 about the temporary safety 

zone, and this rule also allows vessels 

to seek permission from the COTP or a 

designated representative to enter the 

area. 

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 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 the 

establishment of a safety zone lasting 

thirty minutes that prohibits entry on all 

navigable waters of the Ohio River at 

MM 450. 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 

where indicated under ADDRESSES. 

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. Add § 165.T08–0438 to read as 

follows: 

§ 165.T08–0438 Safety zone; Ohio River, 

New Richmond, OH. 

(a) Location. All navigable waters of 

the Ohio River at MM 450 New 

Richmind, Ohio. 

(b) Period of enforcement. This 

temporary safety zone will be enforced 

on July 4, 2021 from 10 p.m. until 10:30 

p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. Persons or 

vessels desiring to enter into or pass 

through the zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM radio channel 16 

or phone at 1–800–253–7465. 

(2) Persons and vessels permitted to 

deviate from this safety zone regulation 

and enter the restricted area must transit 

at the slowest safe speed and comply 


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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 34963 

with all lawful directions issued by the 

COTP or a designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the temporary 

safety zone as well as any changes in the 

planned schedule. 

Dated: June 27, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–14130 Filed 6–30–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0433] 

RIN 1625–AA00 

Safety Zone; Tennessee River Mile 643 

to 652, Knoxville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Tennessee River south of mile 643 

to 652 on August 7, 2021. This safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created during 

the rowers associated with the event. 

Entry into the safety zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Ohio Valley 

(COTP). 

DATES: This rule is effective from 8 a.m. 

to 5 p.m. on August 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– 

0433 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 on this rule, call or 

email MST3 Joshua Rehl, U.S. Coast 

Guard; telephone 615–736–5421, email 

Joshua.M.Rehl@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 

impracticable. The Coast Guard was 

notified of the event without ample time 

to allow for a reasonable comment 

period because we must establish this 

safety zone by August 7, 2021. 

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 impracticable 

because action is needed on August 7, 

2021 to ensure the safety of the 

participants in the Three Rivers Regatta, 

rowing marine event. 

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 Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the Three 

Rivers Regatta, rowing marine event, 

will be a safety concern for anyone 

within the rowing area. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the special 

local regulated area for the duration of 

the rowing event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the Tennessee River from 

mile markers 643 to 652 from 8 a.m. 

until 5 p.m. on August 7, 2021. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while high speed boat races are 

taking place. No non-participant vessels 

or persons will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. Vessels and 

persons transiting the area must comply 

with all orders or directions given to 

them by the COTP or their designated 

representative. The COTP will provide 

notice of the regulated area through 

advanced notice via broadcast notice to 

mariners and by on-scene designated 

representatives. 

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, location, duration, 

and time-of-day of the safety zone. This 

safety zone restricts transit on 

theTennessee River from mile 643 to 

652. The area will have limited access 

for a period of 9 hours. Moreover, the 

Coast Guard would issue Broadcast 

Notices to Mariners, Local Notices to 

Mariners, and Marine Safety 

Information Bulletins, as appropriate, 

about this safety zone so that waterway 

users may plan accordingly for this 

short restriction on transit. This rule 

will allow vessels to request permission 

to enter the safety 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 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 


khammond on DSKJM1Z7X2PROD with RULES