Safety Zone; Maumee River; Toledo, OH, 48306-48308 [2021-18642]
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48306
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
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).
khammond on DSKJM1Z7X2PROD with RULES
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
VerDate Sep<11>2014
16:13 Aug 27, 2021
Jkt 253001
responsibilities between the Federal
Government and Indian tribes.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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
establishing a temporary safety zone on
the Green River at mile 99 to 101 on
September 22, 2021. 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
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:
Frm 00012
Fmt 4700
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. 00170.1., Revision No. 01.2.
2. Add § 165.T08–0451 to read as
follows:
■
§ 165.T08–0451 Safety Zone; Green River,
Drakesboro, KY.
(a) Location. The following area is a
safety zone: All navigable waters of the
Green River between MM 99 to MM 101
in Drakesboro, KY.
(b) 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 VHF–FM radio
channel 16 or phone at 1–800–253–
7465. 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.
(c) Enforcement period. This section
will be enforced from 6 a.m. through 9
a.m. on September 22, 2021.
Dated: August 24, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–18643 Filed 8–27–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
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.
PO 00000
1. The authority citation for part 165
continues to read as follows:
Sfmt 4700
[Docket Number USCG–2021–0576]
RIN 1625–AA00
Safety Zone; Maumee River; Toledo,
OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is amending
a temporary safety zone for navigable
waters on the Maumee River near
Promenade Park in Toledo, OH. The
safety zone amendment 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
SUMMARY:
E:\FR\FM\30AUR1.SGM
30AUR1
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
this zone is prohibited unless
specifically authorized by the Captain of
the Port Detroit, or a designated
representative.
This rule is effective from 7:30
p.m. through 11 p.m. on September 3,
2021.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0576 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
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 Jacob.A.Haan@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
khammond on DSKJM1Z7X2PROD with RULES
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 doing
so would be impracticable and
unnecessary. The safety zone has
already been established and codified
on July 28, 2021. Moreover, the slight
change to the enforcement time period
of the safety zone does not change the
scope or other details of the fireworks
event, and is therefore of little interest
to the public.
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. For the same reasons
discussed above, delaying the effective
date of this rule would be impracticable
and unnecessary.
VerDate Sep<11>2014
16:13 Aug 27, 2021
Jkt 253001
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 amends a safety zone that
will be enforced from 7:30 p.m. through
11:00 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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
48307
area of the Maumee River for a period
of three hours and 30 minutes 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
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).
E:\FR\FM\30AUR1.SGM
30AUR1
48308
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
on locating the docket, see the
section of this preamble.
D. Federalism and Indian Tribal
Governments
ADDRESSES
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.
khammond on DSKJM1Z7X2PROD with RULES
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 three hours and 30
minutes 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
VerDate Sep<11>2014
16:13 Aug 27, 2021
Jkt 253001
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 record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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: August 25, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2021–18642 Filed 8–27–21; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T09–0576 to read as
follows:
■
§ 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°38′54″ N
83°31′54″ W. All geographic coordinates
are North American Datum of 1983
(NAD 83).
(b) Enforcement period. This
regulation will be enforced from 7:30
p.m. through 11 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 § 165.23 of
this part, 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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0054; FRL–8750–02–
OCSPP]
Thiabendazole; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of thiabendazole
in or on multiple commodities that are
identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
August 30, 2021. Objections and
requests for hearings must be received
on or before October 29, 2021, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0054, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
SUMMARY:
E:\FR\FM\30AUR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Rules and Regulations]
[Pages 48306-48308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18642]
-----------------------------------------------------------------------
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, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending a temporary safety zone for
navigable waters on the Maumee River near Promenade Park in Toledo, OH.
The safety zone amendment 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
[[Page 48307]]
this zone is prohibited unless specifically authorized by the Captain
of the Port Detroit, or a designated representative.
DATES: This rule is effective from 7:30 p.m. through 11 p.m. on
September 3, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, 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
[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 doing so would be impracticable and
unnecessary. The safety zone has already been established and codified
on July 28, 2021. Moreover, the slight change to the enforcement time
period of the safety zone does not change the scope or other details of
the fireworks event, and is therefore of little interest to the public.
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. For the same reasons discussed
above, delaying the effective date of this rule would be impracticable
and unnecessary.
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 amends a safety zone that will be enforced from 7:30 p.m.
through 11:00 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
three hours and 30 minutes 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 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).
[[Page 48308]]
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 three hours and 30 minutes 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 record
keeping 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 regulation will be enforced from 7:30
p.m. through 11 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 of this part, 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: August 25, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-18642 Filed 8-27-21; 8:45 am]
BILLING CODE 9110-04-P
