37914 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Ohio Valley. 

(2) Vessels requiring entry into the 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter the safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public when the safety zone 

is being enforced via a Broadcast 

Notices to Mariners. 

Dated: July 13, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–15273 Filed 7–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0552] 

RIN 1625–AA00 

Safety Zone; Cumberland River Mile 

Marker 62; 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) 

61.5 to MM 63.5 near Canton, KY. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with the salvage of a cruise 

ship. Entry of vessels or persons into 

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 19, 2021 through 

September 16, 2021. For the purposes of 

enforcement, actual notice will be used 

from July 17, 2021 until July 19, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0552 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. Due to the nature 

of the Cumberland River and the 

amount of recreational and commerical 

vessels there is potential safety risk 

during salvage of the cruise ship to the 

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. It is 

impracticable to publish an NPRM and 

consider the comments before issuing 

this rule because we must establish this 

safety zone by July 17, 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. 

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 of a 

grounded cruise ship will be a safety 

concern for anyone between MM 61.5 

and MM 63.5 on the Cumberland River 

during active salvage operations. This 

rule is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards associated with 

the salvage of a cruise ship at MM 62 

on the Cumberland River. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from July 17, 2021 through 

September 16, 2021, or until the hazards 

have been mitigated. The temporary 

safety zone will cover all navigable 

waters of the Cumberland River from 

MM 61.5 to MM 63.5. The COTP will 

terminate the enforcement of this 

temporary safety zone before September 

16, 2021 if the hazards associated with 

the salvage of a cruise ship have been 

resolved. A Broadcast Notices to 

Mariners (BNM) will be issued twentyfour hours prior to the start of salvage 

operations to notify the public that the 

safety zone is being enforced. Vessels 

will be able to transit the safety zone 

when no active salvage operations are 

being conducted. 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 caseby-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 


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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 37915 

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 only be enforced 

between MM 61.5 to MM 63.5 during 

active salvage operations of the cruise 

ship and will only impact a small 

portion of the Cumberland River. 

Additionally, this safety zone will only 

be enforced in daytime hours during 

active salvage operations. 

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 a 

temporary safety zone for the salvage of 

a cruise ship that grounded at MM 62 

on the Cumberland River. 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. 0170.1. 

■ 2. Add § 165.T08–0552 to read as 

follows: 

§ 165.T08 -0552 Safety Zone; Cumberland 

River Mile Marker 62; Canton, KY 

(a) Location. The safety zone will 

cover all navigable waters of the 

Cumberland River from mile marker 

(MM) 61.5 to MM 63.5. 

(b) Effective period. This section is 

effective without actual notice from July 

19, 2021 through September 16, 2021. 

For the purposes of enforcement, actual 

notice will be used from July 17, 2021 

through July 19, 2021. 

(c) Enforcement period. This section 

will be enforced only during active 

salvage operations of a cruise ship, as 

necessary to facilitate safe salvage 

opertions. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry of vessels or persons into the zone 

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. 


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37916 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Rules and Regulations 

(2) Vessels requiring entry into the 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM channel 

16. 

(3) Persons and vessels permitted to 

enter the safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public when the safety zone 

is being enforced via a Broadcast 

Notices to Mariners. 

Dated: July 13, 2021. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–15276 Filed 7–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0331] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, Great 

Egg Harbor Bay, Ocean City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of Great Egg 

Harbor Bay in Ocean City, NJ. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by a 

fireworks display. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port (COTP) Delaware 

Bay. 

DATES: This rule is effective from 9 p.m. 

through 9:30 p.m. on July 24, 2021. 

ADDRESSES: Documents mentioned in 

this preamble are available in the docket 

for this rulemaking at https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Jennifer Padilla, 

Sector Delaware Bay, Waterways 

Management Division, U.S. Coast 

Guard; telephone (215) 271–4814, email 

Jennifer.L.Padilla@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 and contrary to the public 

interest to do so. There is insufficient 

time to allow for a reasonable comment 

period prior to the event. The rule must 

be in force by July 24, 2021. We are 

taking immediate action to ensure the 

safety of spectators and the general 

public from hazards associated with the 

fireworks display. Hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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. The rule 

needs to be in place by July 24, 2021, 

to mitigate the potential safety hazards 

associated with a fireworks display in 

this location. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority granted in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). The 

Captain of the Port Delaware Bay 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this July 24, 2021, display 

will be a safety concern for anyone 

within a 300-yard radius of the barge. 

The purpose of this rule is to ensure 

safety of vessels and the navigable 

waters in the safety zone before, during, 

and after the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the waters of Great Egg 

Harbor Bay in Ocean City, NJ, during a 

fireworks display from a barge. The 

event is scheduled to take place 

between 9 p.m. and 9:30 p.m. on July 

24, 2021. The safety zone will extend 

300 yards around the barge, which will 

be anchored at approximate position 

latitude 39°17′22′′ N, longitude 

074°34′29′′ W. The duration of the zone 

is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters during the 

fireworks display. 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 following factors: (1) 

Although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the COTP Delaware 

Bay or a designated representative, they 

may operate in the surrounding area 

during the enforcement period; (2) 

persons and vessels will still be able to 

enter, transit through, anchor in, or 

remain within the regulated area if 

authorized by the COTP Delaware Bay; 

and (3) the Coast Guard will provide 

advance notification of the safety zone 

to the local maritime community by 

Local Notice to Mariners and Broadcast 

Notice to Mariners. 

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 


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