[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 [email protected].
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]
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