[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Rules and Regulations]
[Pages 37914-37916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15276]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0552]
RIN 1625-AA00


Safety Zone; Cumberland River Mile Marker 62; 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) 61.5 to MM 63.5 near Canton, KY. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards associated with the salvage of a cruise ship. Entry of vessels 
or persons into 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 19, 2021 
through September 16, 2021. For the purposes of enforcement, actual 
notice will be used from July 17, 2021 until July 19, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0552 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. Due to 
the nature of the Cumberland River and the amount of recreational and 
commerical vessels there is potential safety risk during salvage of the 
cruise ship to the 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. 
It is impracticable to publish an NPRM and consider the comments before 
issuing this rule because we must establish this safety zone by July 
17, 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.

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 of a grounded cruise ship 
will be a safety concern for anyone between MM 61.5 and MM 63.5 on the 
Cumberland River during active salvage operations. This rule is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards associated with the salvage of a cruise ship at MM 62 
on the Cumberland River.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from July 17, 2021 
through September 16, 2021, or until the hazards have been mitigated. 
The temporary safety zone will cover all navigable waters of the 
Cumberland River from MM 61.5 to MM 63.5. The COTP will terminate the 
enforcement of this temporary safety zone before September 16, 2021 if 
the hazards associated with the salvage of a cruise ship have been 
resolved. A Broadcast Notices to Mariners (BNM) will be issued twenty-
four hours prior to the start of salvage operations to notify the 
public that the safety zone is being enforced. Vessels will be able to 
transit the safety zone when no active salvage operations are being 
conducted. 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

[[Page 37915]]

Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. This safety 
zone will only be enforced between MM 61.5 to MM 63.5 during active 
salvage operations of the cruise ship and will only impact a small 
portion of the Cumberland River. Additionally, this safety zone will 
only be enforced in daytime hours during active salvage operations.

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 
temporary safety zone for the salvage of a cruise ship that grounded at 
MM 62 on the Cumberland 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

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.T08-0552 to read as follows:


Sec.  165.T08  -0552 Safety Zone; Cumberland River Mile Marker 62; 
Canton, KY

    (a) Location. The safety zone will cover all navigable waters of 
the Cumberland River from mile marker (MM) 61.5 to MM 63.5.
    (b) Effective period. This section is effective without actual 
notice from July 19, 2021 through September 16, 2021. For the purposes 
of enforcement, actual notice will be used from July 17, 2021 through 
July 19, 2021.
    (c) Enforcement period. This section will be enforced only during 
active salvage operations of a cruise ship, as necessary to facilitate 
safe salvage opertions.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry of vessels or persons into the zone 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.

[[Page 37916]]

    (2) Vessels requiring entry into the safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's representative by 
telephone at 502-779-5422 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter the safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public when the safety zone is being enforced via a 
Broadcast Notices to Mariners.

    Dated: July 13, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-15276 Filed 7-16-21; 8:45 am]
BILLING CODE 9110-04-P


