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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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 31171 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the following 

considerations: (1) The moving safety 

zone would move at the pace of event 

patrol vessels and participants, thus 

only impacting certain waters of Cape 

May Harbor, Cape May Inlet, Atlantic 

Ocean, Delaware Bay, and Cape May 

Canal for a limited time allowing for 

transiting vessels to adjust; and (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 

or a designated representative; and (3) 

the Coast Guard will provide advance 

notification of the moving safety zone to 

the local maritime community by 

Broadcast Notice to Mariners, or by onscene actual notice from designated 

representatives. 

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 

moving safety zone that will prohibit 

persons and vessels from entering, 

transiting through, anchoring in, or 

remaining within a limited area on the 

navigable 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. 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: 


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31172 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations 

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.T05–0132 to read as 

follows: 

§ 165.T05–0132 Safety Zone; Cape May, 

NJ. 

(a) Location. The following area is a 

moving safety zone: 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 100 yards on either 

side of participant and safety vessels 

during the 2021 DeSatnick Foundation 

Cape to Cape Paddleboat event. The 

safety zone will move with the safety 

vessels and participants as they transit 

the waters east through Cape May 

Harbor, south through Cape May Inlet, 

west through the Atlantic Ocean, north 

through the Delaware Bay, then east 

through Cape May Canal, and terminate 

at the Lost Fishermen’s Memorial in 

Cape May Harbor. The safety zone will 

move at the pace of event patrol vessels 

and participants. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Delaware Bay in the 

enforcement of the safety zone. 

(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 or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or 215–271–4807. 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. 

(3) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. 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 period. This rule will 

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

June 27, 2021. 

Dated: June 4, 2021. 

Jonathan D. Theel, 

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

Port Delaware Bay. 

[FR Doc. 2021–12337 Filed 6–10–21; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 351 

[Docket No. 21–CRB–0007–RM] 

Copyright Royalty Board Regulations 

Regarding the Conduct of Proceedings 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are amending regulations to clarify that 

their hearings may be conducted in 

person at the Library of Congress or an 

alternative location, or virtually, at the 

Judges’ discretion. 

DATES: Effective June 11, 2021. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 21–CRB–0007–RM. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On 

February 26, 2021, the Copyright 

Royalty Judges (Judges) published a 

notice of proposed rulemaking (notice) 

in the Federal Register seeking 

comments on a proposed rule to codify 

the fact that future hearings may be 

conducted physically, either at the 

Library of Congress or an alternative 

location, or virtually, at the Judges’ 

discretion. 86 FR 1163 (Feb. 26, 2021). 

The Judges received one comment, from 

SoundExchange, a regular participant in 

Copyright Royalty Board proceedings, in 

favor of the proposed rule. 

SoundExchange cites to past hearings 

that the Judges conducted, in 

coordination and consultation with the 

participants, in alternate locations and 

virtually. It also anticipates the 

possibility that virtual hearings could 

make sense in the future, and notes that 

the proposed rule provides flexibility 

regarding the virtual platform. 

Therefore, for the reasons indicated in 

the February 26, 2021 notice, the Judges 

adopt the proposed changes to part 351, 

as detailed in this final rule. 

List of Subjects in 37 CFR Part 351 

Administrative practice and 

procedure, Copyright. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend 37 CFR 351 as follows: 

PART 351—PROCEEDINGS 

■ 1. The authority citation for part 351 

continues to read: 

Authority: 17 U.S.C. 803. 

■ 2. Revise § 351.9(a) to read as follows: 

§ 351.9 Conduct of hearings. 

(a)(1) By panels. Subject to paragraph 

(b) of this section, hearings will be 

conducted by Copyright Royalty Judges 

sitting en banc. 

(2) Location. Hearings will be 

conducted in person at the Library of 

Congress or an alternative location, or 

virtually, at the Judges’ discretion. 

* * * * * 

Dated: May 17, 2021. 

Jesse M. Feder, 

Chief Copyright Royalty Judge. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–12312 Filed 6–10–21; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 1 and 124 

[EPA–HQ–OGC–2019–0406; FRL–10024–73– 

OA] 

RIN 2090–AA41 

Revisions to the Permit Appeals 

Process To Restore the Organization 

and Function of the Environmental 

Appeals Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is reversing recent 

changes to the organization and 

function of the Environmental Appeals 

Board (EAB) that altered the appeals 

process and procedures for Agency 

decisions that the EAB considers. In 

addition, the Administrator reaffirms 

that the Board is intended to function as 

an impartial body that is independent of 

all EPA components, except the 

immediate Office of the Administrator, 

and reaffirms the EAB’s ability to carry 


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