[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37244-37246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14996]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0542]
RIN 1625-AA00


Safety Zone; Cumberland River; Canton, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Cumberland River extending from mile marker 
(MM) 61 to MM 64 near Canton, KY. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
due to the salvage of a cruise ship and the disembarkation of the 
passengers on board. Entry of vessels or persons into

[[Page 37245]]

this zone is prohibited unless specifically authorized by the Captain 
of the Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective without actual notice from July 15, 2021 
through July 16, 2021. For the purposes of enforcement, actual notice 
will be used from July 9, 2021 until July 15, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0542 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email MST2, Dylan Caikowski, MSU Paducah, U.S. 
Coast Guard; telephone 270-442-1621 ext. 2120, email STL-SMB-MSUPaducah-WWM@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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it would be impracticable. On July 7, 
2021 a cruise ship grounded near MM 62 of the Cumberland River causing 
a hazardous condition for the disembarkation of the passengers on 
board. Due to the nature of the Cumberland River and the amount of 
recreational vessels there is potential risk during salvage of the 
cruise ship to recreational vessels in the area. The safety zone must 
be established immediately to protect people, vessels, and the marine 
environment from hazards associated with the salvage of a cruise ship 
and the disembarkation of the passengers on board. It is impracticable 
to publish an NPRM because we must establish this safety zone by July 
9, 2021.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the salvage of 
a cruise ship and the disembarkation of the passengers on board.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that 
potential hazards associated with the salvage and disembarkation of 
passengers from a grounded cruise ship will be a safety concern for 
anyone between MM 61 and MM 64 on the Cumberland River. This rule is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards due to the salvage of a cruise ship and the 
disembarkation of the passengers on board at MM 62 on the Cumberland 
River.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from July 9, 2021 
through July 16, 2021, or until the hazard have been mitigated. The 
temporary safety zone will cover all navigable waters of the Cumberland 
River from MM 61 to MM 64. The COTP will terminate the enforcement of 
this temporary safety zone before July 16, 2021 if the hazards 
associated with the salvage of a cruise ship and the disembarkation of 
the passengers on board have been resolved. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. Requests for entry will be 
considered and reviewed on a case-by-case basis. The COTP may be 
contacted by telephone at 502-779-5422 or the on scene designated 
representative can be reached via VHF-FM channel 16. Persons and 
vessels permitted to enter this temporary safety zone must transit at 
their slowest safe speed and comply with all lawful directions issued 
by the COTP or the designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration. This temporary safety zone will restrict vessel 
traffic from entering or transiting within a 3 mile area of navigable 
waters on the Cumberland River between MM 61 and MM 64. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM channel 
16 about the temporary safety zone, and the rule allows vessels to 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

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Regulatory Enforcement Ombudsman and the Regional Small Business 
Regulatory Fairness Boards. The Ombudsman evaluates these actions 
annually and rates each agency's responsiveness to small business. If 
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
temporary safety zone lasting seven days or until the salvage of a 
cruise ship, and disembarkation of the passengers on board is complete. 
It is categorically excluded from further review under paragraph L60(c) 
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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 LMITED ACCESS AREAS

0
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.


0
2. Add Sec.  165.T08-0542 to read as follows:


Sec.  165.T08-0542  Safety Zone; Cumberland River, Canton, KY.

    (a) Location. The safety zone will cover all navigable waters of 
the Cumberland River from mile marker (MM) 61 to MM 64.
    (b) Enforcement period. This section will be enforced from July 9, 
2021 and will continue through July 16, 2021 or until the hazards 
associated with the salvage of a cruise ship and the disembarkation of 
the passengers on board have been mitigated, whichever occurs first.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry of vessels or persons into the zone 
during demolition operations is prohibited unless specifically 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Ohio 
Valley.
    (2) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or designated representative.

    Dated: July 9, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-14996 Filed 7-14-21; 8:45 am]
BILLING CODE 9110-04-P


