Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations 46779 

(i) Is a member of the Special 

Exposure Cohort (as described in 

§ 30.214(a) of this subpart) who, as a 

civilian DOE employee or civilian DOE 

contractor employee, contracted the 

specified cancer after beginning 

employment at a DOE facility; or 

(ii) Is a member of the Special 

Exposure Cohort (as described in 

§ 30.214(a) of this subpart) who, as a 

civilian atomic weapons employee, 

contracted the specified cancer after 

beginning employment at an atomic 

weapons employer facility (as defined 

in § 30.5(e)); or 

* * * * * 

Signed at Washington, DC, this 13th day of 

August, 2021. 

Christopher J. Godfrey, 

Director, Office of Workers’ Compensation 

Programs. 

[FR Doc. 2021–17870 Filed 8–19–21; 8:45 am] 

BILLING CODE 4510–CR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0597] 

RIN 1625–AA00 

Safety Zone; Lake of the Ozarks, Mile 

Marker 7, Lake of the Ozarks, MO 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

all navigable waters in the Lake of the 

Ozarks extending 420 feet in all 

directions around a fireworks barge at 

mile marker 7, located approximately 

500 feet west of Shady Gators. 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 

Sector Upper Mississippi River or a 

designated representative. 

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

on August 27, 2021 until 9:30 p.m. on 

August 28, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0597 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 Lieutenant Commander Stephanie 

Moore, Sector Upper Mississippi River 

Waterways Management Division, U.S. 

Coast Guard; telephone 314–269–2560, 

email Stephanie.R.Moore@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 

safety zone by August 27, 2021 and lack 

sufficient time to provide a reasonable 

comment period and then 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 the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

fireworks display on August 27, 2021 

and August 28, 2021. 

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 Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with a fireworks display on 

August 27, 2021 and August 28, 2021 

will be a safety concern for anyone on 

the Lake of the Ozarks at Mile Marker 

7. This rule resulted from a marine 

event notification stating that there will 

be a fireworks display to celebrate 

summertime on the Lake of the Ozarks. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone before, during, and after the 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced on August 27, 2021 

from 9 p.m. through 9:30 p.m. and 

August 28, 2021 from 9 p.m. through 

9:30 p.m. The safety zones will be 

located on all navigable waters 

extending 420 feet in all directions 

around the fireworks barge at mile 

marker 7, located approximately 500 

feet west of Shady Gators. The duration 

of the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

before, during, and after a fireworks 

display. 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 

USCG Sector Upper Mississippi River. 

The COTP or a designated 

representative will inform the public of 

the enforcement dates and times for this 

safety zone, as well as any emergent 

safety concerns that may delay the 

enforcement of the 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 size, location, and 

duration of the temporary safety zone. 

This action involves a fireworks display 

that impacts on all navigable waters 

extending 420 feet in all directions 

around the fireworks barge at mile 

marker 7, located approximately 500 

feet west of Shady Gators on August 27, 

2021 at 9 p.m. through 9:30 p.m. and 

August 28, 2021 at 9 p.m. through 9:30 

p.m. Moreover, the Coast Guard will 


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46780 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations 

publish a Local Notice to Mariners and 

mariners may 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 

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 safety 

zone lasting thirty minutes that will 

prohibit entry around a fireworks barge 

on the Lake of the Ozarks at mile marker 

7, located approximately 500 feet west 

of Shady Gators. It is categorically 

excluded from further review under 

paragraph L60, 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.T08–0597 to read as 

follows: 

§ 165.T08–0707 Safety Zone; Lake of the 

Ozarks, Mile Marker 7, Lake of the Ozakrs, 

MO. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lake of the Ozarks at mile marker 7, 

extending 420 feet in all directions 

around the fireworks barge located 

approximately 500 feet west of Shady 

Gators. 

(b) Period of enforcement. This 

section will be enforced on August 27, 

2021 from 9 p.m. until 9:30 p.m. and 

August 28, 2021 from 9 p.m. until 9:30 

p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, persons and vessels are 

prohibited from entering the safety zone 

unless authorized by the Captain of the 

Port Sector Upper Mississippi River 

(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 

USCG Sector Upper Mississippi River. 

(2) 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 radio Channel 16 or 

by telephone at 314–269–2332. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 


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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations 46781 

designated representative while 

navigating in the regulated area. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement date and times for this 

safety zone, as well as any emergent 

safety concerns that may delay the 

enforcement of the zone through 

Broadcast Notice to Mariners (BNM) and 

or Local Notices to Mariners (LNMs). 

Dated: August 13, 2021. 

R.M. Scott, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2021–17728 Filed 8–19–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0451] 

RIN 1625–AA00 

Safety Zone; Ohio River, Newburgh, IN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Ohio River 

extending the entire width of the river, 

from mile marker (MM) 777.3 to MM 

778.3. This action is necessary to 

provide for the safety of life on these 

navigable waters near Newburgh, 

Indiana during the City of Newburgh 

fireworks display on September 4, 2021. 

This regulation prohibits persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 9:30 

p.m. through 10 p.m. on September 4, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0451 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 MST3 Christopher Matthews, U.S. 

Coast Guard; telephone 502–779–5334, 

email Christopher.S.Matthews@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Ohio 

Valley 

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 

On June 17, 2021, the Historic 

Newburgh, Inc notified the Coast Guard 

that it will be conducting a fireworks 

display from 9:30 p.m. though 10 p.m. 

on September 4, 2021. The fireworks are 

to be launched from the shore of the 

Ohio River at approximately mile 

marker (MM) 777.3 to MM 778.3. 

Hazards from firework displays include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. The Captain of 

the Port Sector Ohio Valley (COTP) has 

determined that potential hazards 

associated with the fireworks to be used 

in this display would be a safety 

concern for anyone on a one-mile 

stretch of the Ohio River. In response, 

on July, 2, 2021, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety Zone; 

Ohio River, Newburgh, IN’’ docket 

number USCG–2021–0451 (86 FR 

35242). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to this fireworks display. During the 

comment period that ended August 2, 

2021, we received 1 comment. 

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 

we must establish the safety zone by 

September 4, 2021 to protect the public 

from the potential hazards associated 

with the fireworks event on that date. 

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 fireworks to 

be used in this September 4, 2021 

display will be a safety concern for 

anyone within the area. 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 Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published July 

2, 2021. The comment was from a 

citizen concerned about environmental 

impact of this firework display. The 

environmental concerns raised by the 

commenter appear to be in regards to 

the potential dangers to the 

environment from the fireworks, and 

not the environmental impact of this 

safety zone. The Coast Guard is not 

sponsoring or conducting the fireworks; 

we are only establishing a safety zone 

around the display to protect persons 

and property from hazards associated 

with the display. During the 

development of this temporary final 

rule, the Coast Guard underwent an 

environmental review process and 

determined this safety zone fit a 

categorical exclusion under the National 

Environmental Policy Act as explained 

in greater detail in paragraph F of this 

document. The Coast Guard duly 

considered the environmental impacts 

in our decision to authorize the safety 

zone as part of the decision making 

process. No changes have been made to 

the final rule regulatory text from what 

was proposed in the NPRM. 

This rule establishes a safety zone 

from 9:30 p.m. through 10 p.m. on 

September 4, 2021. The safety zone will 

cover all navigable waters, extending 

the entire width of the Ohio River from 

MM 777.3 to MM 778.3. The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

before, during, and after the scheduled 

9:30 p.m. to 10 p.m. 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 


khammond on DSKJM1Z7X2PROD with RULES