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 


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46782 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the temporary safety zone. 

This safety zone restricts transit on a 

one-mile stretch of the Ohio River for 

thirty minutes on one day. Morever, the 

Coast Guard would issue Broadcast 

Notice to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and Marine 

Safety Information Bulletins (MSIBs) 

about this safety zone so that waterway 

users may plan accordingly for this 

short restriction on transit, and the rule 

would allow vessels to request 

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 received no comments 

from the Small Business Administration 

on this rulemaking. 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 30 minutes that will 

prohibit entry within a one-mile stretch 

of the Ohio River for one day. 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. 00170.1., Revision No. 01.2 

■ 2. Add § 165.T08–0451 to read as 

follows: 

§ 165.T08–0451 Safety Zone; Ohio River, 

Newburgh, IN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Ohio River between MM 777.3 to MM 

778.3 in Newburgh, IN. 

(b) 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 COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM radio 

channel 16 or phone at 1–800–253– 

7465. 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 from 9:30 p.m. through 

10 p.m. on September 4, 2021. 


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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations 46783 

Dated: August 12, 2021 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2021–17892 Filed 8–19–21; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 10 and 11 

[PS Docket Nos. 15–94 and 15–91; FCC 21– 

77; FR ID 37637] 

Emergency Alert System, Wireless 

Emergency Alerts; National Defense 

Authorization Act for Fiscal Year 2021 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communication Commission (the FCC 

or Commission), implements section 

9201 of the National Defense 

Authorization Act for Fiscal Year 2021, 

improving the way the public receives 

emergency alerts from the nation’s 

Emergency Alert System (EAS) and 

Wireless Emergency Alerts System 

(WEA) on their mobile phones, 

televisions, and radios. The Commission 

adopts rules to ensure that more people 

receive relevant emergency alerts, to 

enable EAS and WEA participants to 

report false alerts when they occur, and 

to improve the way states plan for 

emergency alerts. 

DATES: Effective September 20, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Fedeli, Attorney Advisor, 

Public Safety and Homeland Security 

Bureau at 202–418–1514 or 

Christopher.Fedeli@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (Order) and Further Notice of 

Proposed Rulemaking, in PS Docket 

Nos. 15–94 and 15–91, FCC 21–77, 

adopted and released on June 17, 2021. 

The full text of this document is 

available at https://www.fcc.gov/ 

document/fcc-further-strengthensemergency-alerting-0. 

Synopsis 

In the Report and Order (Order), the 

Commission takes measures to enhance 

the efficacy of the EAS and WEA. The 

nation’s EAS and WEA ensure that the 

public is quickly informed about 

emergency alerts issued by federal, 

state, local, Tribal, and territorial 

governments and delivered over the 

radio, television, and mobile wireless 

devices. Specifically, and in 

consultation with the Federal 

Emergency Management Agency 

(FEMA), the Commission implements 

Section 9201 of the William M. (Mac) 

Thornberry National Defense 

Authorization Act for Fiscal Year 2021, 

Public Law 116–283, 134 Stat. 3388, 

§ 9201 (NDAA21), which requires the 

Commission to complete a rulemaking 

and adopt rules within 180 days to (a) 

ensure mobile devices cannot opt out of 

receiving WEA alerts from the FEMA 

Administrator; (b) establish a state EAS 

plan checklist for State Emergency 

Communications Committees (SECCs) 

and amend the requirements for SECCs, 

to ensure they meet, review, and update 

their EAS plans annually; (c) enable 

reporting by the FEMA Administrator 

and State, Tribal, or local governments 

of false EAS and WEA alerts; and (d) 

provide for repeating EAS alerts issued 

by the President, the FEMA 

Administrator, and any other entity 

determined appropriate by the 

Commission, in consultation with the 

FEMA Administrator. The Commission 

believes the rules it adopts today will 

improve the capabilities and efficacy of 

EAS and WEA as systems for 

distributing vital alert information to all 

Americans, and will do so in a costeffective manner. 

The Commission implements section 

9201(a) of the NDAA21 by adopting 

rules to ensure that mobile devices 

cannot opt-out of receiving WEA alerts 

from the FEMA Administrator. The 

Commission implements section 

9201(b) of the NDAA21 by adopting 

rules to (i) encourage chief executives of 

states and territories to form SECCs if 

none exist in their states, or if the state 

has an SECC, to review its composition 

and governance criteria; (ii) include as 

a required element in the State EAS 

Plan, a certification by the SECC 

Chairperson or Vice-Chairperson that 

the SECC met (in person, via 

teleconference, or via other methods of 

conducting virtual meetings) at least 

once in the twelve months prior to 

submitting the annual updated plan to 

review and update their State EAS 

Plan—and incorporate such certification 

into the Alert Reporting System (ARS); 

(iii) require that the Public Safety and 

Homeland Security Bureau (Bureau) to 

approve or reject State EAS Plans 

submitted for approval within 60 days 

of receipt—for those instances in which 

the Bureau finds defects in a submitted 

plan requiring correction by the SECC, 

that State EAS Plan will be considered 

to be temporarily withdrawn, restarting 

the 60-day review and approval period 

anew upon resubmission of the 

corrected plan in ARS; (iv) require the 

Bureau to list the approval dates of State 

EAS Plans submitted on ARS on the 

Commission’s website, and in the event 

a final decision is made to deny a plan, 

directly notify the chief executive of the 

State to which the plan applies of that 

determination and the reasons for such 

denial within 30 days of such decision; 

and (v) adopt an EAS Plan Content 

Checklist composed of the plan content 

requirements set forth in § 11.21 of the 

Commission’s rules, 47 CFR 11.21, and 

direct the Bureau to post the checklist 

on the Commission’s website and 

incorporate it as an appendix in the 

ARS user manual. 

The Commission implements section 

9201(c) of the NDAA21 by adopting 

rules to enable the Administrator of 

FEMA and state, local, Tribal, and 

territorial governments to report false 

EAS and WEA alerts when they occur. 

The Commission implements section 

9201(d) of the NDAA21 by adopting a 

rule specifying how alert originators can 

repeat their alert transmissions. The 

rules the Commission adopts are 

intended to facilitate the further 

development of a robust and redundant 

system for distributing vital alert 

information to all Americans. 

Accessible Formats 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Notice of Proposed Rulemaking (NPRM) 

in PS Docket Nos. 15–94 and 15–91, 86 

FR 16565 (Mar. 30, 2021). The 

Commission sought written public 

comment on the proposals in the NPRM, 

including comment on the IRFA. No 

comments were filed addressing the 

IRFA. This present Final Regulatory 

Flexibility Analysis (FRFA) conforms to 

the RFA. 

A. Need for, and Objectives of, the Final 

Rules 

In the Order, the Commission adopts 

rules to improve the way the public 

receives emergency alerts on their 

mobile phones, televisions, and radios 

via WEA and EAS, in response to the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021. WEA and EAS ensure that 

the public is quickly informed about 

emergency alerts issued by federal, 


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