37244 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 

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 on the LMR from 

MM 332 through MM 863, that will 

prohibit entry into this temporary zone. 

The safety zone will only be enforced 

while operations preclude the safe 

navigation of the established channel. It 

is categorically excluded from further 

review under paragraph L60 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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.T08–0392 to read as 

follows: 

§ 165.T08–0392 Fixed and Moving Safety 

Zone; around USACE Bank Grading Unit 

and USACE Mat Sinking Unit. 

(a) Location. The following area is a 

safety zone: All waters of the Lower 

Mississippi River from MM 332 through 

MM 863. 

(b) Regulations. (1) The safety zone 

described in paragraph (a) of this 

section will be activated when USACE 

operations preclude safe navigation of 

the established channel. The Coast 

Guard will inform marine traffic of the 

of the times the safety zone is activated 

using Broadcast Notice to Mariners. 

(2) 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 when the 

safety zone is activated unless 

authorized by the Captain of the Port 

Sector Lower Mississippi River (COTP) 

or the COTP’s 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 

USCG Sector Lower Mississippi River. 

(3) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 314–269–2332. 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. 

(c) Enforcement period. This section 

will be enforced periodically, as 

announced on Broadcast Notice to 

Mariners, from July 15, 2021 until 

December 31, 2021. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: July 12, 2021. 

S. Rhodes, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2021–15129 Filed 7–14–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0542] 

RIN 1625–AA00 

Safety Zone; Cumberland River; 

Canton, KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Cumberland 

River extending from mile marker (MM) 

61 to MM 64 near Canton, KY. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards due 

to the salvage of a cruise ship and the 

disembarkation of the passengers on 

board. Entry of vessels or persons into 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 37245 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

a designated representative. 

DATES: This rule is effective without 

actual notice from July 15, 2021 through 

July 16, 2021. For the purposes of 

enforcement, actual notice will be used 

from July 9, 2021 until July 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– 

0542 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 about this 

rulemaking, call or email MST2, Dylan 

Caikowski, MSU Paducah, U.S. Coast 

Guard; telephone 270–442–1621 ext. 

2120, email STL-SMB-MSUPaducahWWM@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 

would be impracticable. On July 7, 2021 

a cruise ship grounded near MM 62 of 

the Cumberland River causing a 

hazardous condition for the 

disembarkation of the passengers on 

board. Due to the nature of the 

Cumberland River and the amount of 

recreational vessels there is potential 

risk during salvage of the cruise ship to 

recreational vessels in the area. The 

safety zone must be established 

immediately to protect people, vessels, 

and the marine environment from 

hazards associated with the salvage of a 

cruise ship and the disembarkation of 

the passengers on board. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone by July 9, 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 immediate action is needed to 

respond to the potential safety hazards 

associated with the salvage of a cruise 

ship and the disembarkation of the 

passengers on board. 

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 COTP 

has determined that potential hazards 

associated with the salvage and 

disembarkation of passengers from a 

grounded cruise ship will be a safety 

concern for anyone between MM 61 and 

MM 64 on the Cumberland River. This 

rule is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards due to the 

salvage of a cruise ship and the 

disembarkation of the passengers on 

board at MM 62 on the Cumberland 

River. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from July 9, 2021 through 

July 16, 2021, or until the hazard have 

been mitigated. The temporary safety 

zone will cover all navigable waters of 

the Cumberland River from MM 61 to 

MM 64. The COTP will terminate the 

enforcement of this temporary safety 

zone before July 16, 2021 if the hazards 

associated with the salvage of a cruise 

ship and the disembarkation of the 

passengers on board have been resolved. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. Requests for 

entry will be considered and reviewed 

on a case-by-case basis. The COTP may 

be contacted by telephone at 502–779– 

5422 or the on scene designated 

representative can be reached via VHF– 

FM channel 16. Persons and vessels 

permitted to enter this temporary safety 

zone 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 

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, and 

duration. This temporary safety zone 

will restrict vessel traffic from entering 

or transiting within a 3 mile area of 

navigable waters on the Cumberland 

River between MM 61 and MM 64. 

Moreover, the Coast Guard will issue 

Broadcast Notice to Mariners via VHF– 

FM channel 16 about the temporary 

safety zone, and the rule allows vessels 

to seek permission to enter 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 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 


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37246 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 

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 lasting seven 

days or until the salvage of a cruise 

ship, and disembarkation of the 

passengers on board is complete. It is 

categorically excluded from further 

review under paragraph L60(c) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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 LMITED 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.T08–0542 to read as 

follows: 

§ 165.T08–0542 Safety Zone; Cumberland 

River, Canton, KY. 

(a) Location. The safety zone will 

cover all navigable waters of the 

Cumberland River from mile marker 

(MM) 61 to MM 64. 

(b) Enforcement period. This section 

will be enforced from July 9, 2021 and 

will continue through July 16, 2021 or 

until the hazards associated with the 

salvage of a cruise ship and the 

disembarkation of the passengers on 

board have been mitigated, whichever 

occurs first. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry of vessels or persons into 

the zone during demolition operations 

is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or 

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 USCG Sector 

Ohio Valley. 

(2) If permission is granted, all 

persons and vessels must comply with 

the instructions of the COTP or 

designated representative. 

Dated: July 9, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–14996 Filed 7–14–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Parts 207 and 326 

RIN 0710–AB19 

Civil Monetary Penalty Inflation 

Adjustment Rule 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is issuing this final 

rule to adjust its civil monetary 

penalties (CMP) under the Rivers and 

Harbors Act of 1922 (RHA), the Clean 

Water Act (CWA), and the National 

Fishing Enhancement Act (NFEA) to 

account for inflation. 

DATES: This final rule is effective on July 

15, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

the RHA portion, please contact Mr. 

Paul Clouse at 202–761–4709 or by 

email at Paul.D.Clouse@usace.army.mil, 

or for the CWA and NFEA portion, 

please contact Ms. Karen Mulligan at 

202–761–4664 or by email at 

karen.mulligan@usace.army.mil or 

access the U.S. Army Corps of Engineers 

Regulatory Home Page at http://

www.usace.army.mil/Missions/ 

CivilWorks/ 

RegulatoryProgramandPermits.aspx. 

SUPPLEMENTARY INFORMATION: The 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, Public Law 

101–410, 104 Stat. 890 (28 U.S.C. 2461, 

note), as amended by the Debt 

Collection Improvement Act of 1996, 

Public Law 104–134, April 26, 1996, 

and further amended by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Inflation 

Adjustment Act), Public Law 114–74, 


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