Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31167 

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 zero 

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 through the 

RNA in the area represented by the 

updated coordinates at the harbor 

entrance of Crescent City may be small 

entities, for the reasons states 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 RNA 

that will prohibit the transit of maritime 

traffic in times of unsafe conditions. 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, 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. Amend § 165.1196 by revising 

paragraph (a)(3) to read as follows: 

§ 165.1196 Regulated Navigation Areas; 

Harbor Entrances along the Coast of 

Northern California. 

(a) * * * 

(3) Crescent City Harbor Entrance 

Channel: The navigable waters of the 

Crescent City Harbor Entrance Channel 

enclosed by the following coordinates: 

(i) 41°43′50′′ N, 124°11′27′′ W (Point 

A) 

(ii) 41°44′12′′N, 124°11′42′′ W (Point 

B) 

(iii) 41°44′26′′ N, 124°10′55′′ W (Point 

C) 

(iv) 41°44′13′′ N, 124°10′20′′ W (Point 

D); and 

(v) Thence back to Point A, in 

Crescent City, CA (NAD 83). 

* * * * * 

Dated: April 19, 2021. 

Brian K. Penoyer, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard District Eleven. 

[FR Doc. 2021–12300 Filed 6–10–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0399] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

County, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters in the Potomac River. 

This action is necessary to provide for 

the safety of persons, property, and the 


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31168 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

marine environment from the potential 

safety hazards associated with 

construction operations at the new 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge, which will occur from 

7 a.m. on June 14, 2021, through 9 p.m. 

on June 19, 2021. This rule will prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Maryland-National 

Capital Region or a designated 

representative. 

DATES: This rule is effective from 7 a.m. 

on June 14, 2021, through 9 p.m. on 

June 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– 

0399 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on DOCUMENTS on 

the line associated with this rule below 

‘‘SEARCH’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ron Houck, Sector MarylandNCR, Waterways Management Division, 

U.S. Coast Guard: telephone 410–576– 

2674, email Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 3, 2021, Skanska-CormanMcLean, Joint Venture, notified the 

Coast Guard that from 7 a.m. on June 14, 

2021, to 9 p.m. on June 19, 2021, it will 

be setting the tub sections at the new 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge at Pier 43, which is 

adjacent and to the west of the federal 

navigation channel. The operation 

requires using two large crane barges 

and other marine equipment positioned 

within the federal navigation channel. 

This operation will impede vessels 

requiring the use of the channel. 

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 

construction operations, involving 

simultaneous crane heavy lifts, at the 

new Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge must occur within the 

federal navigation channel. Immediate 

action is needed to respond to the 

potential safety hazards associated with 

bridge construction. Hazards from the 

construction operations include lowhanging or falling ropes, cables, large 

piles and cement cast portions, 

dangerous projectiles, and or other 

debris. It is impracticable and contrary 

to the public interest to publish an 

NPRM because we must establish this 

safety zone by June 14, 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 and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with construction operations 

at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge conducted 

within the federal navigation channel. 

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 

Maryland-National Capital Region has 

determined that potential hazards 

associated with bridge construction 

starting June 7, 2021, will be a safety 

concern for anyone within the federal 

navigation channel at the new Governor 

Harry W. Nice/Senator Thomas ‘‘Mac’’ 

Middleton Memorial (US–301) Bridge 

construction site. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

bridge is being constructed. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. on June 14, 2021, through 

9 p.m. on June 19, 2021. The safety zone 

will cover all navigable waters of the 

Potomac River, encompassed by a line 

connecting the following points 

beginning at 38°21′50.5′′ N, 076°59′25.6′′ 

W, thence south to 38°21′42.6′′ N, 

076°59′23.8′′ W, thence west to 

38°21′41.0′′ N, 076°59′34.9′′ W, thence 

north to 38°21′48.9′′ N, 076°59′36.8′′ W, 

and east back to the beginning point, 

located between Charles County, MD 

and King George County, VA. The 

regulated area is approximately 300 

yards in width and 270 yards in length. 

This regulation requires that the 

bridge owner post a sign facing the 

northern and southern approaches of 

the navigation channel labeled ‘‘BRIDGE 

WORK—DANGER—STAY AWAY’’ 

affixed to the sides of the on-scene 

marine equipment and vessels operating 

within the area of the safety zone. This 

provides on-scene notice of the safety 

zone. This notice will consist of a 

diamond shaped sign (minimum 4 feet 

by 4 feet) with a 3-inch orange retro 

reflective border. The word ‘‘DANGER’’ 

will be 10 inch black block letters 

centered on the sign with the words 

‘‘BRIDGE WORK’’ and ‘‘STAY AWAY’’ 

in 6 inch black block letters placed 

above and below the word ‘‘DANGER,’’ 

respectively, on a white background. 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters while the tub sections are being 

set at the new Governor Harry W. Nice/ 

Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge at Pier 43, 

which is adjacent and to the west of the 

federal navigation channel. Except for 

marine equipment and vessels operated 

by Skanska-Corman-McLean, Joint 

Venture, or its subcontractors, no vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 

The COTP will notify the public that 

the safety zone will be enforced by all 

appropriate means to the affected 

segments of the public, as practicable, in 

accordance with 33 CFR 165.7(a). Such 

means of notification may also include, 

but are not limited to, Broadcast Notice 

to Mariners. Vessels or persons violating 

this rule are subject to the penalties set 

forth in 46 U.S.C. 70036 (previously 

codified in 33 U.S.C. 1232) and 46 

U.S.C. 70052 (previously codified in 50 

U.S.C. 192). 

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. 


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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31169 

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 size and duration of the 

safety zone. Vessel traffic not required 

to use the navigation channel will be 

able to safely transit around the safety 

zone. Such vessels may be able to transit 

to the east of the federal navigation 

channel, as similar vertical clearance 

and water depth exist under the next 

bridge span to the east. This safety zone 

will impact a small designated area of 

the Potomac River for approximately 

110 hours, but coincides with the nonpeak season for recreational boating. 

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 only 110 total hours that 

will prohibit entry within a portion of 

the Potomac 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.T05–0399 to read as 

follows: 

§ 165.T05–0399 Safety Zone; Potomac 

River, Between Charles County, MD and 

King George County, VA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Potomac River, encompassed by a line 

connecting the following points 

beginning at 38°21′50.5′′ N, 076°59′25.6′′ 

W, thence south to 38°21′42.6′′ N, 

076°59′23.8′′ W, thence west to 

38°21′41.0′′ N, 076°59′34.9′′ W, thence 

north to 38°21′48.9′′ N, 076°59′36.8′′ W, 

and east back to the beginning point, 

located between Charles County, MD 

and King George County, VA. These 

coordinates are based on datum NAD 

83. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 


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31170 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

petty officer, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Maryland-National Capital 

Region (COTP) in the enforcement of the 

safety zone. 

Marine equipment means any vessel, 

barge or other equipment operated by 

Skanska-Corman-McLean, Joint Venture, 

or its subcontractors. 

(c) 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 telephone number 

410–576–2693 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

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. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement. This safety zone will 

be enforced during the period described 

in paragraph (f) of this section. A 

‘‘BRIDGE WORK—DANGER—STAY 

AWAY’’ sign facing the northern and 

southern approaches of the navigation 

channel will be posted on the sides of 

the marine equipment on-scene within 

the location described in paragraph (a) 

of this section. 

(f) Enforcement period. This section 

will be enforced from 7 a.m. on June 14, 

2021, through 9 p.m. on June 19, 2021. 

Dated: June 8, 2021. 

Mathew S. Fine, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Maryland-NCR. 

[FR Doc. 2021–12340 Filed 6–10–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0132] 

RIN 1625–AA00 

Safety Zone; Cape May, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving safety 

zone on the waters of Cape May Harbor, 

Cape May Inlet, Atlantic Ocean, 

Delaware Bay, and Cape May Canal 

located in Cape May, NJ. This action is 

necessary to protect the surrounding 

public and vessels on these navigable 

waters during a paddleboat event. This 

regulation prohibits persons and vessels 

from entering, transiting, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Delaware Bay 

or a designated representative. 

DATES: This rule is effective from 8:30 

a.m. to 1 p.m. on June 27, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0132 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 Jennifer Padilla, U.S. 

Coast Guard, Sector Delaware Bay, 

Waterways Management Division; 

telephone 215–271–4814, email 

Jennifer.l.Padilla@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

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 June 27, 2021. We are 

taking immediate action to ensure the 

safety of spectators and the general 

public from hazards associated with the 

paddleboat event. 

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 needed to mitigate 

the potential safety hazards associated 

with a paddleboat event in this location. 

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 Delaware Bay 

(COTP) has determined that potential 

hazards associated with a paddleboat 

event will be a safety concern for 

anyone within 50 yards in front of the 

lead safety vessel preceding the first 

event participants, to 50 yards behind 

the safety vessel trailing the last event 

participants, and at all times, extend 

100 yards on either side of the safety 

vessels and participants. This rule is 

needed to protect personnel, vessels, 

and the public within the safety zone 

during the paddleboat event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

moving safety zone on the waters of 

Cape May Harbor, Cape May Inlet, 

Atlantic Ocean, Delaware Bay, and Cape 

May Canal located in Cape May, NJ, 

during a paddleboat event. The rule will 

be enforced from 8:30 a.m. to 1 p.m. on 

June 27, 2021. The moving safety zone 

will encompass all waters within 50 

yards in front of the lead safety vessel 

preceding the first event participants, to 

50 yards behind the safety vessel 

trailing the last event participants, and 

at all times extend 100 yards on either 

side of safety vessels and participants. 

No person or vessel will be permitted to 

enter, transit through, anchor in, or 

remain within the safety zone without 

obtaining permission from the COTP 

Delaware Bay or a designated 

representative. If authorization to enter, 

transit through, anchor in, or remain 

within the safety zone is granted by the 

COTP Delaware Bay or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Delaware Bay or a designated 

representative. The Coast Guard will 

provide public notice of the safety zone 

by Broadcast Notice to Mariners and by 

on-scene actual notice from designated 

representatives. The regulatory text we 

are proposing appears at the end of this 

document. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 


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