Rule2021-16031
Safety Zone; Maumee River; Toledo, OH
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2021
Effective
September 3, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters on the Maumee River near Promenade Park in Toledo, OH. The safety zone is necessary to protect spectators, personnel, vessels, and the marine environment from potential hazards created by the Promedica Health System Fireworks event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Detroit, or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Rules and Regulations]
[Pages 40331-40332]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16031]
[[Page 40331]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0576]
RIN 1625-AA00
Safety Zone; Maumee River; Toledo, OH
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Maumee River near Promenade Park in Toledo, OH.
The safety zone is necessary to protect spectators, personnel, vessels,
and the marine environment from potential hazards created by the
Promedica Health System Fireworks event. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Detroit, or a designated representative.
DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on
September 3, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0576 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 MST2 Jacob Haan, Waterways Department, Marine Safety Unit
Toledo, Coast Guard; telephone (419) 418-6040, email
<a href="/cdn-cgi/l/email-protection#b2f8d3d1ddd09cf39cfad3d3dcf2c7c1d1d59cdfdbde"><span class="__cf_email__" data-cfemail="d399b2b0bcb1fd92fd9bb2b2bd93a6a0b0b4fdbebabf">[email protected]</span></a>.
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 with
respect to this rule because the event sponsor notified the Coast Guard
with insufficient time to accommodate the comment period. Thus,
delaying the effective date of this rule to wait for the comment period
to run would be impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a maritime
fireworks display.
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 Detroit
(COTP) has determined that potential hazards associated with the
fireworks display will be a safety concern for anyone within a 250-yard
radius of the launch site. The likely combination of recreational
vessels, darkness punctuated by bright flashes of light, and fireworks
debris falling into the water presents risks of collisions which could
result in serious injuries or fatalities. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone that will be enforced from 9:30
p.m. through 10:30 p.m. on September 3, 2021. The safety zone will
encompass all U.S. navigable waters of the Maumee River within a 250-
yard radius of the fireworks launch site located near Promenade Park in
Toledo, OH. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the fireworks display. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Detroit or a designated representative. The Captain of the Port,
Sector Detroit or a designated representative may be contacted via VHF
Channel 16.
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 of the safety zone. This safety zone would
impact a small designated area of the Maumee River for a period of one
hour during the evening when vessel traffic is normally low. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow 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 Regulatory
Enforcement Ombudsman and the Regional Small Business
[[Page 40332]]
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 one hour that will prohibit entry within 250-
yard radius of where the fireworks display will be conducted. It is
categorically excluded from further review under paragraph L[60] 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.T09-0576 to read as follows:
Sec. 165.T09-0576 Safety Zone; Maumee River; Toledo, OH.
(a) Location. The following area is a safety zone: All U.S.
navigable waters of the Maumee River within a within a 250-yard radius
of the fireworks launch site located at position 41[deg]38'54'' N
83[deg]31'54'' W. All geographic coordinates are North American Datum
of 1983 (NAD 83).
(b) Enforcement period. This section will be enforced from 9:30
p.m. through 10:30 p.m. on September 3, 2021. The Captain of the Port
Detroit, or a designated representative may suspend enforcement of the
safety zone at any time.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port
Detroit, or his designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated
representative.
(3) The ``designated representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Detroit to act on their
behalf. The designated representative of the Captain of the Port
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port Detroit or a designated representative
may be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or a designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or a
designated representative.
Dated: July 22, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-16031 Filed 7-27-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 28, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.